How can I force a sale or division of a family land parcel I’ve owned with my multiple siblings and their children? — North Carolina Short Answer In North Carolina, any co-owner (tenant in common or joint tenant without survivorship) can file a partition proceeding to either physically divide the land (partition in kind) or,…
What should be included when I file a year’s allowance petition in North Carolina? — North Carolina Short Answer In North Carolina, a basic year’s allowance is usually requested with a court form, but a “petition” is used when you seek more than the standard amount ($60,000 for a surviving spouse or $5,000 for an…
What is the process for filing a partition lawsuit when co-owners can’t agree on dividing the property? — North Carolina Short Answer In North Carolina, a partition case is a special proceeding started with the Clerk of Superior Court in the county where the land sits. The clerk determines who owns what, then either (1)…
What steps should I take to handle my mother’s estate in North Carolina? — North Carolina Short Answer Start by determining whether you need full probate or if a simplified option fits. If a will exists, file it with the clerk of superior court in the county where your mother lived, and apply to be…
How do I switch to a small estate process if I hit the $60,000 year’s allowance cap in North Carolina? — North Carolina Short Answer After the $60,000 spousal year’s allowance is set, you can use North Carolina’s small estate options if the decedent’s remaining personal property fits the limits. Collection by affidavit is available…
What happens if the original will gets lost or damaged in the mail on its way to the courthouse? — North Carolina Short Answer North Carolina can admit a lost or damaged will to probate, but you must prove specific facts to the clerk. If the original cannot be used, you may ask the court…
What happens if we pay the back taxes on inherited land but aren’t listed as owners on the deed? — North Carolina Short Answer In North Carolina, paying delinquent property taxes on inherited land does not make you an owner, but you can usually get reimbursed or credited for necessary carrying costs like taxes in…
How do I find out who the rightful heirs are and who owns the property after my grandparent died? — North Carolina Short Answer In North Carolina, real estate that was not owned with a right of survivorship passes at death to the heirs (if there is no will) or to the devisees named in…
What is the process for recovering any surplus funds if the property is sold at a tax sale? — North Carolina Short Answer In North Carolina, if a tax foreclosure sale brings in more than what’s owed for taxes, interest, penalties, costs, and approved fees, the extra money (the “surplus”) is deposited with the Clerk…
How can I file a partition action in North Carolina to force the sale of my inherited interest in family land? — North Carolina Short Answer In North Carolina, any co-owner of real estate (a tenant in common) may file a partition action with the Clerk of Superior Court in the county where the land…
