What evidence or documentation do I need to show to regain control of my personal affairs? – North Carolina Short Answer In North Carolina, an adult under guardianship can ask the Clerk of Superior Court to restore their rights by showing they are no longer incompetent. The court looks for recent, credible proof of decision-making…
How long can a temporary guardianship legally remain in place? – North Carolina Short Answer Under North Carolina law, a court-appointed “temporary” adult guardianship is an interim guardianship that lasts up to 45 days and can be extended only once for another 45 days if there is good cause. If a guardianship has continued for…
What steps do I need to take to get my rights restored at a hearing? – North Carolina Short Answer In North Carolina, you ask the Clerk of Superior Court to restore your rights by filing a verified Motion in the Cause for Restoration to Competency in your existing guardianship case. You must give notice,…
How can I challenge or overturn a court-appointed guardianship? – North Carolina Short Answer In North Carolina, you can ask the Clerk of Superior Court to terminate (restore your competency) or modify a guardianship if you can show you now have the capacity to make your own decisions or need fewer restrictions. You do this…
How do I force a partition of property when my co-owner refuses to buy me out? – North Carolina Short Answer In North Carolina, any co-owner may file a partition action with the Clerk of Superior Court in the county where the land lies to force either a physical division (partition in kind) or a…
What is the process for filing a partition action to sell jointly owned land in North Carolina? – North Carolina Short Answer In North Carolina, a partition case is a special proceeding started with the Clerk of Superior Court in the county where the land lies. Any co-owner may file. The Clerk first considers partition…
Can proceeds from timber on our jointly owned farm be distributed in a partition action? – North Carolina Short Answer Yes. In a North Carolina partition case, timber standing on the land is part of the real estate. If timber is harvested or sold, the Clerk of Superior Court can require an accounting and distribute…
Who is responsible for commissioner fees and attorney costs in a partition sale? – North Carolina Short Answer In North Carolina partition cases, the Clerk of Superior Court decides who pays costs. Commissioner compensation, appraisal/survey fees, advertising, auctioneer or broker commissions, and other sale expenses are usually taxed as “costs of the proceeding.” In a…
How can I open probate in North Carolina for my adult child who died without a will? – North Carolina Short Answer In North Carolina, you open an intestate estate (no will) through the Clerk of Superior Court in the county where your child lived. If the net personal property is $20,000 or less and…
What are the factors to consider when weighing whether we divide the land or opt for a private sale when pursuing a partition in North Carolina? Short Answer In North Carolina, the court prefers partition in kind (physically dividing the land) unless a party shows that division would cause substantial injury or is impracticable. If…
