What do I need to do to take over the mortgage on my father’s home after his death in North Carolina? — North Carolina Short Answer In North Carolina, title to a home typically passes to heirs or devisees at death, but any deed of trust (mortgage) remains on the property. Keep the loan current,…
What happens if an heir living in my inherited property in North Carolina won’t move out or agree to sell their share? — North Carolina Short Answer In North Carolina, each heir who co-owns inherited real estate has an equal right to possess it, so you usually cannot evict a co-owner. If you cannot agree…
How can I prove I’m my dad’s child for inheritance when his name isn’t on my birth certificate? — North Carolina Short Answer In North Carolina, a child can inherit from a biological father even if his name isn’t on the birth certificate, but paternity must be legally established. The most common routes are a…
How can I protect my inheritance in North Carolina if a family member contests the estate? — North Carolina Short Answer In North Carolina, a will contest starts when an interested person files a “caveat” with the Clerk of Superior Court. The case immediately shifts to Superior Court for a jury to decide whether the…
How do I get appointed administrator of my sister’s estate in North Carolina when she died without a will? — North Carolina Short Answer In North Carolina, you apply with the Clerk of Superior Court in the county where your sister lived, using the Application for Letters of Administration. The clerk appoints an eligible person…
What are my options if they only ask the court to sell the house without setting buyout terms? — North Carolina Short Answer In North Carolina, you can respond to a partition sale petition by asking the Clerk of Superior Court to consider other outcomes: division of the land (partition in kind), a court-ordered buyout…
What happens if mediation fails and the court orders our co-owned house sold? — North Carolina Short Answer In North Carolina, if mediation doesn’t resolve a partition case and the Clerk of Superior Court orders a sale, the court typically appoints a commissioner or broker to sell the property and applies judicial sale procedures. There…
How can I force the sale of a property when my co-owner refuses further mediation? — North Carolina Short Answer In North Carolina, you file a partition action with the Clerk of Superior Court in the county where the property sits. The clerk decides first whether the land can be fairly divided between co-owners; if…
What is the process of refinancing and buying out the other owner? — North Carolina Short Answer In North Carolina, you can buy out a co-owner either by agreement (a voluntary buyout financed with your refinance) or through a partition proceeding before the Clerk of Superior Court. If the property is heirs’ property, state law…
What are the risks if we grant the other owner a life estate in the property instead of selling it? — North Carolina Short Answer In North Carolina, giving a co-owner a life estate lets that person stay in the property for life and usually blocks a forced sale by the future owners (the remaindermen).…
