What information and documents do I need to provide my lawyer with to begin a partition case? — North Carolina Short Answer To start a North Carolina partition case, your lawyer needs proof of ownership, details on every co-owner, and a clear description of the property. Bring the deed, tax card or parcel ID, any…
Can I recover the funeral expenses and other costs I paid out before the estate is settled? — North Carolina Short Answer Yes—North Carolina law allows reimbursement from the estate for reasonable funeral costs and certain other expenses you advanced. Funeral expenses up to $3,500 receive priority payment, and reasonable gravestone and burial place costs…
What steps are involved in dividing or forcing the sale of co-owned farmland? — North Carolina Short Answer In North Carolina, a co-owner starts a partition proceeding with the clerk of superior court in the county where the farm sits. The court will first consider dividing the land among the co-owners (partition in kind); if…
What happens if his divorce wasn’t finalized—can his estranged spouse still claim under his estate? — North Carolina Short Answer Yes. In North Carolina, if a divorce was not finalized, the estranged spouse is still a “surviving spouse” and can claim from the estate. Depending on the situation, the spouse may receive an intestate share,…
Can a consent order be used to skip the court hearing and distribute the sale money by agreement? — North Carolina Short Answer Often, yes. In a North Carolina partition sale, if every party with a stake in the proceeds agrees, the clerk of superior court can enter a consent order after the sale is…
How can I get my share of the net proceeds after the partition sale of a co-owned house? — North Carolina Short Answer In North Carolina, you receive your share only after the sale is confirmed by the court, the commissioner pays sale costs and any liens, and the clerk approves the distribution. Then the…
What steps do I need to take to re-record or update a joint survivorship deed after co-owners died? — North Carolina Short Answer In North Carolina, you generally do not “re-record” a deed. If the property was held as joint tenants with right of survivorship (or by spouses as tenants by the entirety), title passes…
How do I force my sibling to give me a copy of our parents’ estate plan in North Carolina after he ignored my formal request? — North Carolina Short Answer In North Carolina, you can ask the court to compel production of a will and, if needed, the clerk can enforce compliance by civil contempt.…
What can I do if the personal representative sends me a payment without explaining how he calculated my share of the estate? — North Carolina Short Answer In North Carolina, a personal representative must file sworn inventories and detailed annual/final accounts that show receipts, expenses, and distributions with supporting vouchers. If you received money without…
What documentation is required to prove I’m the next of kin and qualify as administrator in a reopened estate? — North Carolina Short Answer In North Carolina, when an estate is reopened, you prove next-of-kin status and qualify as administrator with: (1) a petition to reopen showing proper cause, (2) evidence of death, (3) proof…
