If they sell my parents’ home and pay off all debts, does any leftover money get distributed under my dad’s will? — North Carolina Short Answer Usually yes. In North Carolina, after a court-authorized or will-authorized sale of estate real estate, liens and allowed claims get paid first. The remaining net proceeds are then distributed…
How can I get my dad’s will filed in court when my step-sister refuses to submit the original? — North Carolina Short Answer In North Carolina, you can ask the clerk of superior court to order anyone holding the will to deliver it. If your step-sister won’t comply, the clerk can issue a summons and,…
What is the process for a partition action when one co-owner has been adjudicated incompetent and has a court-appointed guardian in North Carolina? Short Answer In North Carolina, a partition case is filed as a special proceeding in the county where the land sits. If a co-owner has been adjudicated incompetent, their court‑appointed guardian (of…
How do I start a partition action to divide or sell the real estate when the owners can’t agree? — North Carolina Short Answer In North Carolina, you start a partition case by filing a special proceeding with the Clerk of Superior Court in the county where the property sits, naming all co-owners as respondents.…
What steps do I need to take to buy out my siblings’ interests in our co-owned property so I can retain the home? — North Carolina Short Answer In North Carolina, you can buy out your siblings by agreement or, if they refuse, through a court-supervised partition proceeding. The simplest path is a voluntary buyout:…
Can I force a sale of the property if some family members want to sell but others refuse? — North Carolina Short Answer Yes. In North Carolina, any co-owner can file a partition case to end a co-ownership. The court first looks to divide the land fairly among owners (partition in kind). If a fair…
What rights do I have when a co-owner is living in the property under a life tenancy and occupying it? — North Carolina Short Answer In North Carolina, a life tenant has the right to exclusive possession of the property for their lifetime. If you hold the remainder (future) interest, you usually cannot evict the…
Can I continue living in the house as the life tenant during the partition process in North Carolina? — North Carolina Short Answer Usually, yes. In North Carolina, a lawful life tenant has the present right to possess and use the property and may remain in the home during a partition case unless the court…
What is the process for distributing the remaining estate funds to the decedent’s children after all taxes, claims, and expenses are settled? — North Carolina Short Answer In North Carolina, the personal representative distributes what’s left either under the will or, if there’s no will, under the Intestate Succession Act. Before distributing to children, the…
Can I reimburse myself from the estate for the money I paid from my own funds toward the decedent’s vehicle lien? — North Carolina Short Answer Often, yes—but it is not automatic. In North Carolina, if you paid the decedent’s auto loan from your own funds, you must submit a written claim to the estate…
