How to Sell an Inherited House in North Carolina When Executors Die and Foreclosure Looms Detailed Answer When an executor named in a will dies before qualifying, no one can administer the estate until the clerk of superior court appoints someone else. If a foreclosure sale looms, heirs must act quickly. The first step is…
What steps can heirs take to stop a former power of attorney after death and recover misused estate assets? Detailed Answer When a person dies, any power of attorney they granted ends immediately. Under North Carolina law, a power of attorney terminates on the principal’s death (N.C. Gen. Stat. § 32C-2-703). After death, only the…
How Are Sale Proceeds and Individual Reimbursements Handed and Distributed in a North Carolina Special Proceeding on Co-Owned Estate Property? 1. Detailed Answer When co-owners of estate property cannot agree on possession or use, North Carolina law provides a “special proceeding” under Article 19 of Chapter 28A of the General Statutes. This process allows a…
How can heirs and co-owners resolve competing claims and include all interested parties in a North Carolina partition action? Detailed Answer When multiple heirs or co-owners hold undivided interests in real property in North Carolina, disagreements may arise over use, value or division. A partition action under Chapter 46 of the North Carolina General Statutes…
How to Establish Guardianship for an Incapacitated Adult in North Carolina Detailed Answer Under North Carolina law, guardianship gives a responsible individual the authority to make personal, health, and sometimes financial decisions for an adult who cannot care for themselves. You begin by preparing and filing a formal petition in the Clerk of Superior Court’s…
Detailed Answer When a property in North Carolina sells at a foreclosure auction for more than the total debt secured by the deed of trust, those excess proceeds become “surplus funds.” Under N.C.G.S. § 45-21.36, the clerk of superior court must hold these funds and attempt to notify the former owner. If the former owner…
Understanding Your Rights as a Tenant in Common When two or more people own property together without creating a joint tenancy, they hold it as tenants in common. North Carolina law grants each co-tenant equal rights to inspect, use, and manage the entire property. You do not need permission from the other co-owners to enter…
How Heirs Can Force Sale of Inherited Real Estate in North Carolina When a Co-Owner Refuses to Sell Detailed Answer When someone dies owning real estate, heirs often inherit the property as tenants in common. Each tenant in common holds an undivided share. If one heir wants to sell and another refuses, North Carolina law…
How does a surviving spouse file an elective share petition in North Carolina within six months? Detailed Answer Under North Carolina law, a surviving spouse may claim an elective share of the deceased spouse’s estate. This right protects spouses from being disinherited or receiving an unfairly small portion of assets. The elective share allows you…
When Should You Consider Filing for Guardianship of an Incapacitated Adult in North Carolina? 1. Detailed Answer In North Carolina, you may need to file for guardianship when an adult cannot manage personal, financial, or medical decisions due to mental or physical impairment. Under North Carolina law, an “incapacitated person” is someone whose ability to…
