What is an addendum to a deed and how do I record it with the county? – North Carolina Short Answer In North Carolina, an “addendum to a deed” is a supplemental, recordable document (often styled as an affidavit or corrective statement) that clarifies facts about a prior deed without changing who owns the property.…
Can I reference a prior will in a deed to clear up chain of title? – North Carolina Short Answer Yes. In North Carolina, you can reference a prior probated will in a deed or in a recorded title affidavit to explain how title passed. But the cleaner fix is to record certified copies of…
How can we share survey costs or buyout payments fairly among LLC members? – North Carolina Short Answer In North Carolina, the right way to split survey, appraisal, and buyout costs depends first on how the land is titled. If the LLC owns the land, the operating agreement and the North Carolina LLC Act govern…
What happens if the named executor steps down before the estate is settled? – North Carolina Short Answer In North Carolina, an executor cannot simply quit. They must file a verified petition to resign with the Clerk of Superior Court, give notice to interested parties, and attend a hearing. The resignation is not effective until…
How can I obtain a certified death certificate and a copy of the estate filing? – North Carolina Short Answer In North Carolina, certified death certificates are issued by the Register of Deeds in the county where the death occurred or by NC Vital Records; eligible requesters must provide ID and a fee. Estate filings…
How do I voluntarily partition LLC-owned land if all members agree? – North Carolina Short Answer In North Carolina, you don’t file a court “partition” when an LLC owns the land. If all members agree, you handle it as an internal LLC transaction: approve a written plan, survey and subdivide as needed, then have the…
What happens if one member refuses to agree and files a partition action in North Carolina? Short Answer In North Carolina, a co-owner can file a special proceeding for partition with the Clerk of Superior Court to force a division or sale of jointly owned land. The clerk first decides whether to split the property…
Do we need a land survey before asking a court to divide or sell the property? – North Carolina Short Answer No. In North Carolina, you do not need a land survey to file a partition case. The Clerk of Superior Court can appoint commissioners after filing; if the land will be divided, the court…
Can a member force sale of our land interest in the LLC if we can’t agree on a buyout price? – North Carolina Short Answer Generally, no. In North Carolina, a partition lawsuit is available to co-owners of real estate, not to members of a limited liability company. If the land is titled in the…
How can I confirm that the car accident claim is fully covered by insurance before using estate assets? – North Carolina Short Answer In North Carolina, a personal representative should promptly tender the accident claim to all potential insurers and obtain written confirmation of defense and indemnity (or a reservation of rights) before paying any…
