What do I need to include in a pour-over will and power of attorney to work with my trust? – North Carolina Short Answer In North Carolina, your pour-over will should name your revocable trust (by exact name and date) and direct your probate estate into it, while meeting the state’s will-signing rules and using…
How can I create a revocable trust that protects my crypto and life insurance? – North Carolina Short Answer In North Carolina, you can create a revocable living trust that you control by naming yourself as settlor and initial trustee and reserving the right to amend or revoke it. You can include powers for the…
What happens to the auto loan balance in a partition sale of personal property? – North Carolina Short Answer In North Carolina, when a co-owned vehicle is sold in a partition proceeding, the sale proceeds first pay sale costs and the auto lender’s secured lien. Only the net remainder is divided between co-owners, often with…
Can I access or borrow against assets once they’re in my revocable trust? – North Carolina Short Answer Yes. In North Carolina, if you are the trustee of your own revocable living trust, you can access, manage, and use trust assets much like you did before funding the trust. A trustee may also borrow against…
Are there alternatives to partition if one owner objects to selling a financed vehicle? – North Carolina Short Answer Yes. In North Carolina, you can often resolve a co-owned, financed vehicle dispute without a partition case by working through the lender (payoff, refinance, or assumption), using a written buyout and title update, or seeking court…
Can I force the sale of a co-owned car under a partition action? – North Carolina Short Answer Yes. In North Carolina, a co-owner can file a partition proceeding asking the Clerk of Superior Court to order a sale of a co-owned vehicle when it cannot be fairly divided. Because a car can’t be split…
How can I challenge the executor selling my family member’s home and keeping the life estate proceeds? – North Carolina Short Answer In North Carolina, you can challenge a proposed or completed sale by asking the Clerk of Superior Court (Estates Division) to review the executor’s authority and the allocation of sale proceeds. An executor…
How can I end my liability on a co-owned financed vehicle when the other owner can’t make payments? – North Carolina Short Answer In North Carolina, you cannot remove your name from a financed vehicle without the lender’s consent. Your practical options are: (1) refinance or an assumption so the other owner (or a buyer)…
What steps are needed to file a partition petition for a shared vehicle? – North Carolina Short Answer In North Carolina, a co-owner can file a special proceeding for partition of personal property with the Clerk of Superior Court. Because a car cannot be divided, you typically request a sale in lieu of partition, have…
Can the surviving spouse acting as executor unilaterally sell a life estate property under the will? – North Carolina Short Answer Usually, no. In North Carolina, a life tenant can sell only the life estate, not the full property, and the executor does not gain power to sell fee simple unless the will clearly grants…
