Am I personally responsible for my grandparent’s loan debt attached to the property? – North Carolina Short Answer In North Carolina, you are not personally responsible for a grandparent’s debt unless you signed the loan, guaranteed it, or later agreed to assume it. However, you take the house subject to any valid liens (like a…
Can I challenge the validity of a decades-long loan agreement signed by my grandparent? – North Carolina Short Answer Yes, but you must use the right process. In North Carolina, a personal representative typically challenges a decedent’s contract in Superior Court (for example, for lack of capacity, undue influence, or fraud), while secured creditors can…
How do I get a UCC fixture filing released after inheriting property with a secured loan? – North Carolina Short Answer In North Carolina, a UCC fixture filing comes off the land records when the secured debt is paid, settled, or the creditor’s interest otherwise ends. After payoff, the secured party of record should record…
How can I petition the court to be appointed guardian of my in-law’s estate? – North Carolina Short Answer In North Carolina, you petition the Clerk of Superior Court to first adjudicate your in-law incompetent to manage financial affairs and then appoint a guardian of the estate. You file the statewide petition form, have the…
Do I need a medical diagnosis to establish financial guardianship over a relative? – North Carolina Short Answer No. North Carolina law does not require a formal medical diagnosis to appoint a guardian of the estate. You must prove to the Clerk of Superior Court, by strong and convincing evidence, that your relative cannot manage…
What proof of incapacity does the court require to appoint a guardian of the estate? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court may appoint a guardian of the estate only if there is clear, cogent, and convincing evidence that the respondent is incompetent—meaning they lack sufficient capacity to manage…
What type of attorney should I hire to file a guardianship petition for estate matters? – North Carolina Short Answer Hire a North Carolina guardianship attorney who regularly handles adult incompetency and guardian of the estate cases before the Clerk of Superior Court. They should be fluent in Chapter 35A procedures (petition, service, hearing), bonds,…
Can a guardian be appointed if the person is making poor financial decisions but is mentally competent? – North Carolina Short Answer In North Carolina, a guardian can be appointed for an adult only if the Clerk of Superior Court first finds the person legally “incompetent.” Poor or risky money choices alone are not enough.…
How do I properly serve all interested parties when filing a surplus funds petition? – North Carolina Short Answer In North Carolina, you file your surplus funds petition in the existing foreclosure special proceeding and serve every person who might claim the money with a Special Proceedings Summons under Rule 4. That usually includes the…
Can I stay in the property while my surplus funds petition is pending? – North Carolina Short Answer Usually no. In North Carolina, once a foreclosure sale is final and the deed is delivered, the purchaser can ask the Clerk of Superior Court for an order for possession and the sheriff can remove occupants. A…
