How to Request an Attorney’s Written Explanation of Will Provisions for Minor Beneficiaries in Cumberland County, NC 1. How do I ask an attorney to prepare a simplified explanation of a will provision for minor beneficiaries? When a will contains a clause about distributing assets to minors—like Article 4, Section 4.3 in your client’s estate—the…
Can siblings sell inherited property when some heirs have died? FAQ 1: Selling property owned by multiple heirs when siblings predecease the decedent When a person dies without a will in North Carolina, their real estate becomes part of the estate and passes to heirs under the intestate succession rules. If one or more siblings…
1. How is just compensation calculated for a utility easement taking on estate property in North Carolina? When a municipality or public utility needs an easement over real estate to install water or sewer lines, North Carolina law treats that as a taking under the power of eminent domain. Even if Charlotte Water or another…
FAQ 1: What Is a Partition Action and How Can It Prevent Foreclosure? When two or more people own real estate together, any co-owner may file a partition action to divide or sell the property. In North Carolina, Chapter 46 of the General Statutes governs partition. Under N.C. Gen. Stat. § 46-2, a co-owner files…
How can heirs postpone foreclosure and sell jointly-owned property through a partition action in NC? 1. How can heirs or co-owners request a continuance of a foreclosure sale to allow a partition action? In North Carolina, co-owners or heirs facing a pending foreclosure sale can ask the clerk of court to postpone that sale under…
What happens to tenancy by entirety property when one spouse dies without a will? In North Carolina, real estate owned by a married couple as tenancy by entirety automatically passes to the surviving spouse when one spouse dies. Under NCGS §41-10 (ncleg.gov/GS_41-10), the surviving spouse acquires full ownership without probate. This rule applies even if…
What is a consent order of sale in a North Carolina partition proceeding? A consent order of sale is a written agreement signed by all parties in a partition action. It directs the clerk to sell real property rather than divide it physically. This alternative can save time and reduce expense when a division in…
1. How do I arrange for wills and power of attorney documents in North Carolina? In North Carolina, a will and a power of attorney are two distinct estate planning tools. A will allows you to direct how your assets distribute after death. You must sign it in front of two qualified witnesses under G.S.…
How can I negotiate the partition of co-owned property under North Carolina law? If you own a fractional interest in land with siblings or other family members, you can ask the co-owner to buy your share or agree on dividing the parcel. You start by gathering basic facts: your percentage interest, acreage and any existing…
How Co-Heirs Can Protect Their Interest When a Personal Representative Seeks to Sell Co-Owned Land 1. Preventing a Special Proceeding Sale in More County Under North Carolina law, a personal representative may petition the clerk of court to sell co-owned real property to satisfy a decedent’s debts. This process, governed by N.C. Gen. Stat. §…
