Can I recover an overpayment from an insurer after they settled subrogation in error? – North Carolina Short Answer Yes—under North Carolina law, money paid and accepted by mistake can usually be recovered from the payee through a restitution or unjust enrichment claim. But a mistaken subrogation payment does not create insurance coverage for injuries…
Can I use the decedent’s cars or bank account funds to pay estate debts and keep the house from being sold? – North Carolina Short Answer Yes. In North Carolina, the personal representative (executor or administrator) uses the estate’s personal property—like vehicles and bank accounts—to pay valid expenses and creditor claims before asking the court…
Can an LLC formed by some heirs without our consent affect our right to partition inherited land? – North Carolina Short Answer In North Carolina, an LLC created by some heirs does not take away your right to seek partition. If those heirs deeded their shares to the LLC, the LLC becomes a co-owner that…
How can I challenge deeds recorded after the estate closed that may cloud our title? – North Carolina Short Answer In North Carolina, you typically clear post-estate deeds that cloud title by filing a Superior Court action to quiet title and cancel the instruments, joining every person or entity claiming an interest, and recording a…
What is required to set aside or modify a prior partition? – North Carolina Short Answer In North Carolina, you can ask the court to set aside or modify a prior partition if there are valid legal grounds, such as omitted necessary parties (co-owners), lack of notice, fraud, mistake, or a jurisdictional defect. Typically this…
Is there a legal action similar to partition for personal property like a car in North Carolina? – North Carolina Short Answer Yes. In North Carolina, a co-owner of personal property (like a car, boat, or equipment) can file a partition-style special proceeding. If the item cannot be fairly divided in kind, the Clerk of…
Can I submit an original unprobated will to delay or stop the partition action? – North Carolina Short Answer Not by itself. In North Carolina, simply handing the court an unprobated will will not pause or stop a partition case. To affect ownership and the parties in a partition, you must first offer the original…
What is the process for filing an answer or requesting more time in a partition lawsuit? – North Carolina Short Answer In North Carolina, partition cases are usually special proceedings before the Clerk of Superior Court. Your summons controls the response deadline—special proceeding summons typically require an answer within 10 days of service, while a…
How do I correct false claims that co-owners paid taxes and helped with the upkeep? – North Carolina Short Answer In a North Carolina partition case, you correct false claims by filing a timely written Answer denying the inaccuracies and asking the Clerk of Superior Court for an accounting so the court can award proper…
What steps can I take to dispute executor misconduct and seek an accounting in probate? – North Carolina Short Answer In North Carolina, beneficiaries can petition the Clerk of Superior Court to compel the executor to file the required inventory and accountings, and ask the court to suspend or remove the executor for misconduct. The…
