Detailed Answer When a person dies owning real property in North Carolina, that property passes to heirs under a valid will or under intestacy rules found at N.C. Gen. Stat. § 29-14. Siblings often inherit equal shares when no will exists. If some of those siblings die before or after inheriting, their shares pass to…
How is Just Compensation Calculated for a Utility Easement on Estate Property in North Carolina? Detailed Answer When a utility company needs an easement over estate property in North Carolina, it typically acquires that right through condemnation under the state’s eminent domain laws. Just compensation aims to pay the property owner the fair market value…
How Can Co-Owners Use a Partition Action to Halt Foreclosure in North Carolina? Detailed Answer When two or more people own real estate together, each holds an undivided interest in the whole property. If one co-owner falls behind on mortgage payments and the lender schedules a foreclosure sale, the other co-owner(s) can use a partition…
How can heirs postpone foreclosure and sell jointly-owned property through partition action in North Carolina? 1. Detailed Answer When co-owners inherit real estate in North Carolina, they share legal title. If a secured lender moves to foreclose, heirs must act quickly to protect their interests. A partition action lets co-owners ask the Superior Court to…
What are my rights for tenancy by entirety property and challenging a power of attorney in North Carolina? 1. Understanding Tenancy by the Entirety Rights In North Carolina, spouses can hold real property as tenants by the entirety. This form of ownership provides a special set of rights and protections: Equal and Undivided Interest: Each…
How to Draft and Submit a Consent Order of Sale in a North Carolina Partition Proceeding Detailed Answer When multiple owners hold undivided interests in real property, they may file a partition action under Chapter 46 of the North Carolina General Statutes. If the court determines that a physical division of the land would be…
How to Obtain Wills and Power of Attorney Documents in North Carolina Creating a valid last will and power of attorney protects your wishes if you become ill or pass away. In North Carolina, you must follow state rules to ensure these documents hold up in court or with financial institutions. You can work with…
How can I negotiate co-owner property partition and correct tax records in North Carolina? 1. Detailed Answer When two or more people own real estate together in North Carolina, they share rights and responsibilities. Over time, disagreements may arise about use, maintenance or sale of the property. Negotiating a partition and correcting tax records lets…
How Can Co-Heirs Protect Their Interest When a Personal Representative Tries to Sell Co-Owned Land in North Carolina? Detailed Answer In North Carolina probate, a personal representative (PR) administers an estate according to the will or the intestacy statutes. When an estate includes land that passes directly to co-heirs as tenants in common, the PR…
Detailed Answer When someone dies in North Carolina, a personal representative (PR) must gather estate assets, pay valid debts and distribute any remainder to heirs. Under North Carolina law, the PR cannot sell real property without a court order. Specifically, G.S. 28A-15-2 requires the PR to obtain a license from the clerk of court before…
