How do I protect my rights to my mother’s home when the executor will not transfer it through probate? – North Carolina Short Answer In North Carolina, title to a decedent’s home usually passes to the heirs at death, subject to estate debts and the administrator’s limited powers. If the administrator will not cooperate, you…
How can I challenge my sibling’s appointment as estate administrator when she’s accusing me of wrongdoing regarding the estate? – North Carolina Short Answer In North Carolina, you may file a verified petition with the Clerk of Superior Court to revoke, suspend, or limit your sibling’s letters of administration. You must show legal grounds such…
What steps can I take to secure and account for the estate’s personal property and vehicles? – North Carolina Short Answer In North Carolina, the court‑appointed administrator must locate, secure, inventory, and account for the estate’s personal property and vehicles, and keep them insured and safe until proper transfer or sale. If that is not…
Can I ask the court to remove the administrator for a conflict of interest and appoint me instead? – North Carolina Short Answer Yes. In North Carolina, any interested heir can file a verified petition asking the Clerk of Superior Court to revoke an administrator’s letters if the administrator’s private interests are likely to hinder…
What legal options do I have if the administrator fails to safeguard or properly manage estate assets? – North Carolina Short Answer In North Carolina, heirs and other interested parties can ask the Clerk of Superior Court to compel an administrator to file an inventory or account, increase the bond, or remove the administrator for…
How can I amend a deed when it doesn’t show how I originally acquired the property? – North Carolina Short Answer In North Carolina, you don’t “amend” a recorded deed. You cure the record by (1) recording the missing probate documents that show how title first passed (for example, a certified copy of the will…
How do I ensure my deed update satisfies the title insurance company before closing? – North Carolina Short Answer In North Carolina, you must clearly document how title moved into the current owner and record those documents in the county where the land sits. When a prior owner acquired the property under a will, record…
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…
