What is a year’s allowance and how does it protect assets from creditors? — North Carolina Short Answer In North Carolina, a year’s allowance lets a surviving spouse receive up to $60,000 of the decedent’s personal property and each qualifying child (under 21) receive $10,000 for support for one year. These allowances are carved out…
Do I need the court’s approval or my mother’s guardian’s signature to sell the home when she has a life estate? — North Carolina Short Answer In North Carolina, you cannot sell full ownership of a home burdened by a life estate unless the life tenant (your mother) and all remainder owners sign the deed.…
Can I appoint just my brother as the sole beneficiary in my will? — North Carolina Short Answer Yes. In North Carolina, you may leave everything to your brother if your will is valid. However, if you are married when you die, your spouse can claim a statutory elective share and a year’s allowance, which…
What steps do I need to set a hearing to sell our inherited family home if we can’t agree? — North Carolina Short Answer In North Carolina, you start a partition special proceeding with the Clerk of Superior Court in the county where the property is located and properly serve all co-owners. After service and…
How can I force the sale of a house I co-own with my sibling who keeps changing his mind? — North Carolina Short Answer In North Carolina, a co-owner can file a partition action with the Clerk of Superior Court to divide the property or, if division is not practical, to order a court-supervised sale.…
What do I need to do to start a will from scratch when I have no spouse or kids? — North Carolina Short Answer In North Carolina, you can make a valid will if you’re at least 18 and of sound mind. Decide who should receive your property (family, friends, or charities), name an executor…
How does a federal tax lien on the property affect our ability to sell the house? — North Carolina Short Answer A federal tax lien does not make a sale impossible, but it must be addressed before you can deliver clear title. In North Carolina, the lien follows the taxpayer’s ownership interest and is usually…
Can I avoid a court battle by having one sibling buy me out, and how would that work? — North Carolina Short Answer Yes. In North Carolina, co-owners (siblings) can avoid a partition lawsuit by agreeing to a voluntary buyout and recording a deed to transfer your share. If a court case is already filed—especially…
What steps should I take to ensure the property taxes on my aunt’s former home were paid from the sale proceeds and resolve any outstanding tax bills? — North Carolina Short Answer In North Carolina, county and city property taxes are secured by a lien on the real estate and are normally collected and paid…
What are my options if the other heir refuses to pay for an appraisal or repairs before selling our parents’ house? — North Carolina Short Answer In North Carolina, a co-owner (heir) cannot force another to advance money for an appraisal or pre-sale repairs. Your main options are to: (1) pay necessary costs yourself and…
