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…
How do I file a partition action in North Carolina for inherited properties when some owners won’t respond? — North Carolina Short Answer In North Carolina, you start a partition case as a special proceeding with the clerk of superior court in the county where the land sits. You must name and serve all co-owners;…
What is the process if co-owners disagree and a court-appointed commissioner handles the private sale of my share? — North Carolina Short Answer In North Carolina, if co-owners cannot agree, a partition case starts before the Clerk of Superior Court. If the court finds the land cannot be fairly divided, it may order a sale…
How can I force the sale of one inherited parcel when my family member refuses to list it with a realtor? — North Carolina Short Answer In North Carolina, any co-owner (tenant in common) may file a partition action to divide the property or, if a fair division is not practical, to have the court…
Do I need to post a bond to serve as administrator of my mother’s intestate estate, and can that requirement ever be waived? — North Carolina Short Answer In North Carolina, an administrator in an intestate estate generally must post a bond before the court will issue Letters of Administration. Bond can be waived only…
What factors may the court consider when appointing an estate administrator? — North Carolina Short Answer In North Carolina, the clerk of superior court appoints an estate administrator by first checking statutory qualification and then applying a priority list (spouse, devisees or heirs, next of kin, creditors, and other suitable persons). If people with higher…
