Can I compel a family member to buy out my share of inherited land when they’ve been using it without payment? – North Carolina Short Answer In North Carolina, you generally cannot force a co-owner to buy your share. Your remedy is a partition action before the Clerk of Superior Court. If the land is…
How can I find out the value of my deceased son’s IRA without opening probate? – North Carolina Short Answer In North Carolina, financial institutions generally won’t disclose a decedent’s IRA balance to family members unless someone has legal authority. If you want to avoid full probate, you can use the small-estate “collection by affidavit”…
What happens to an employer IRA when there’s no named beneficiary? – North Carolina Short Answer In North Carolina, if an employer IRA (like a SEP or SIMPLE IRA) or a workplace retirement account has no valid beneficiary, the plan’s default rules usually pay it to the decedent’s estate. That makes it a probate asset…
Can my granddaughter claim the IRA funds without a full probate case? – North Carolina Short Answer Often no—if an IRA has no named beneficiary, it usually becomes part of the decedent’s probate estate. In North Carolina, you may avoid “full” probate if the total personal property of the estate does not exceed $20,000 and…
Must I open a probate estate if the only asset is a small IRA account? – North Carolina Short Answer In North Carolina, you do not always need full probate. If the IRA has a named beneficiary, it typically pays directly to that person and no probate is required. If there is no beneficiary and…
How do I check for unclaimed property in North Carolina related to my son’s estate? – North Carolina Short Answer In North Carolina, you search the State Treasurer’s unclaimed property database for your son’s name and then file a claim. To get money released, you must show legal authority—either Letters of Administration from the Clerk…
If I hire an attorney for a partition action, who will they represent—just me or all co-owners? – North Carolina Short Answer In North Carolina, the lawyer you hire for a partition action represents only you, not all co-owners. All co-owners must be named and served as parties, but they are not your lawyer’s clients.…
How is it determined who gets which portion of co-owned property in a partition action? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court first looks to divide the land physically (partition in kind) so each co-owner receives a fair share. If a fair physical split would cause substantial injury to…
How can I negotiate a settlement with co-owners before formally filing for partition and what should the request include? – North Carolina Short Answer In North Carolina, co-owners can often resolve a partition dispute with a written settlement proposal before filing a special proceeding. A strong request should identify all co-owners and interests, offer clear…
What factors do commissioners consider when valuing and dividing different parts of the land and structures? – North Carolina Short Answer In North Carolina, partition commissioners aim to create equal-value shares, not necessarily equal acreage. They consider location (like waterfront), access, topography, and existing improvements (such as a house or trailer). If perfect equality is…
