How can I challenge deeds recorded after the estate closed that may cloud our title? – North Carolina Short Answer In North Carolina, you typically clear post-estate deeds that cloud title by filing a Superior Court action to quiet title and cancel the instruments, joining every person or entity claiming an interest, and recording a…
What is required to set aside or modify a prior partition? – North Carolina Short Answer In North Carolina, you can ask the court to set aside or modify a prior partition if there are valid legal grounds, such as omitted necessary parties (co-owners), lack of notice, fraud, mistake, or a jurisdictional defect. Typically this…
Is there a legal action similar to partition for personal property like a car in North Carolina? – North Carolina Short Answer Yes. In North Carolina, a co-owner of personal property (like a car, boat, or equipment) can file a partition-style special proceeding. If the item cannot be fairly divided in kind, the Clerk of…
Can I submit an original unprobated will to delay or stop the partition action? – North Carolina Short Answer Not by itself. In North Carolina, simply handing the court an unprobated will will not pause or stop a partition case. To affect ownership and the parties in a partition, you must first offer the original…
What is the process for filing an answer or requesting more time in a partition lawsuit? – North Carolina Short Answer In North Carolina, partition cases are usually special proceedings before the Clerk of Superior Court. Your summons controls the response deadline—special proceeding summons typically require an answer within 10 days of service, while a…
How do I correct false claims that co-owners paid taxes and helped with the upkeep? – North Carolina Short Answer In a North Carolina partition case, you correct false claims by filing a timely written Answer denying the inaccuracies and asking the Clerk of Superior Court for an accounting so the court can award proper…
What steps can I take to dispute executor misconduct and seek an accounting in probate? – North Carolina Short Answer In North Carolina, beneficiaries can petition the Clerk of Superior Court to compel the executor to file the required inventory and accountings, and ask the court to suspend or remove the executor for misconduct. The…
What is the process of using a spousal allowance to claim my late husband’s final paycheck from his employer without opening full probate? — North Carolina Short Answer In North Carolina, a surviving spouse can apply for a “year’s allowance” of up to $60,000 in the Clerk of Superior Court to take personal property of…
How do I claim surplus funds from a foreclosure sale when a life tenant had an interest in the property? — North Carolina Short Answer In North Carolina, the trustee deposits any surplus from a foreclosure sale with the Clerk of Superior Court. To claim it when a life tenant had an interest, file a…
Can I petition the probate court to force a sale of the house to pay creditors when I’m executor and the life tenant won’t maintain it? — North Carolina Short Answer Yes. In North Carolina, an executor or administrator can ask the Clerk of Superior Court for an order to sell real property when estate…
