Can I recover the out-of-pocket funeral expenses from the insurance company after they failed to honor the assignment? – North Carolina Short Answer In North Carolina, funeral costs are primarily an obligation of the estate, and the person who arranged the funeral can seek reimbursement from the estate if the claim is timely. If the…
How does mediation or a court decide on a fair division when one co-owner lived in the property for years? – North Carolina Short Answer In North Carolina, a mediator or the court starts with each co-owner’s title share, then adjusts for “accounting” items. The occupying co-owner can receive credits for necessary carrying costs (taxes,…
What steps do I need to take to file a partition action for inherited property co-owned with my spouse and sibling? – North Carolina Short Answer In North Carolina, any co-owner may file a special proceeding for partition in the county where the land sits. You ask the Clerk of Superior Court to either divide…
How can I block disbursement of sale proceeds until our inheritance dispute is settled? – North Carolina Short Answer In North Carolina, you can keep sale proceeds from being paid out by filing a partition action (or related civil action) and asking the court to require the funds be deposited with the Clerk of Superior…
Can I place a lien or require escrow on sale funds pending a fair split of property proceeds? – North Carolina Short Answer In North Carolina, you generally cannot unilaterally place a lien on sale proceeds, but you can secure the funds through the court. File a partition action and ask the Clerk of Superior…
How do I decide between a survey and a quiet title action to resolve a title discrepancy? – North Carolina Short Answer In North Carolina, use a licensed land survey when the problem is about where the lines are on the ground. Use a quiet title lawsuit when the problem is who owns the land…
What happens if a survey doesn’t confirm true property boundaries—do I still need a quiet title action? – North Carolina Short Answer In North Carolina, a survey is evidence—it does not, by itself, fix title problems or legally set a boundary. If the dispute is only about where the line sits between two known tracts,…
What steps are involved in filing a quiet title action to clear a cloud on my property title? – North Carolina Short Answer In North Carolina, you file a civil quiet title lawsuit in Superior Court in the county where the land lies, name everyone who might claim an interest, and ask the court to…
Can co-owners share the cost of a quiet title lawsuit, and how is fee allocation handled? – North Carolina Short Answer Yes. Co-owners may agree to split costs of a North Carolina quiet title case by contract (often in proportion to ownership). By default, each party pays their own attorney’s fees because North Carolina follows…
How do I transfer or clear title to foreign property after U.S. probate is closed? – North Carolina Short Answer In North Carolina, you typically reopen the estate and have the Clerk of Superior Court appoint or reappoint a personal representative to act for the limited purpose of handling the newly discovered asset. If the…
