Partition Hearings in North Carolina: Must You Show Up? Detailed Answer What Is a Partition Hearing? A partition hearing is the court date in which a judge decides how to divide jointly owned real estate—either in kind (physically dividing the land) or by ordering a sale and splitting the proceeds. The hearing occurs under North…
Initial Partition Hearing: Sale Orders and Appointment of a Commissioner in North Carolina Detailed Answer In a North Carolina partition proceeding, the initial hearing before the Clerk of Superior Court is the event that shifts the case from paperwork to action. At this hearing the clerk decides three core issues: Whether the petitioner is entitled…
How to Formally Disclaim an Inherited Interest in a Jointly-Owned Property in North Carolina Detailed Answer North Carolina allows an heir or devisee to refuse (“disclaim”) all or part of property that would otherwise pass to them. The governing law is the North Carolina Uniform Disclaimer of Property and Powers Act (N.C. Gen. Stat. §§…
How to Disclaim an Inheritance in North Carolina Detailed Answer If you do not want to accept property left to you by a will, trust, or North Carolina’s intestacy laws, the Uniform Disclaimer of Property Interests Act (N.C. Gen. Stat. Chapter 31C) lets you refuse it through a formal disclaimer. A timely, correct disclaimer treats you…
How a Surviving Spouse Can Transfer a Decedent’s Vehicle Title in North Carolina Detailed Answer Under N.C. Gen. Stat. § 28A-25-1, a surviving spouse may claim personal property — including a motor vehicle — by affidavit when: No personal representative has been appointed, and The total value of the personal property titled solely to the…
Removing a Deceased Owner’s Name From a North Carolina Vehicle Title Detailed Answer Under North Carolina law, the paperwork you need depends on whether a formal probate estate has been opened for the decedent. 1. When a Probate Estate Has Been Opened Original Certificate of Title – signed by the personal representative (PR) in the…
How to Determine Whether a Vehicle’s Value Qualifies for Inclusion in a North Carolina Spousal Allowance Detailed Answer 1. What is the spousal allowance? North Carolina grants a surviving spouse a one-time Year’s Allowance of up to $60,000 in personal property, protected from most estate creditors. See N.C.G.S. § 30-15 through § 30-20. The spouse…
Detailed Answer: North Carolina Disclaimers and Their Ripple Effect Imagine three adult children—Anna, Brian, and Carla—are the sole heirs to their father’s estate. Anna decides she does not want her share and signs a written disclaimer of inheritance under North Carolina’s Uniform Disclaimer of Property Interests Act, N.C. Gen. Stat. § 31B-1. What happens next?…
Claiming Surplus Funds After a North Carolina Foreclosure Sale: Step-by-Step Guide Detailed Answer When a North Carolina foreclosure sale brings in more money than is needed to pay the mortgage debt, costs, and junior liens, the remaining money is called surplus funds. North Carolina treats those funds as personal property of the party entitled to…
Detailed Answer: What Documents and Information Do You Need for a North Carolina Partition Action? When co-owners cannot agree on how to divide real estate, any owner may file a partition action under North Carolina General Statutes Chapter 46A. The court will not accept bare allegations—you must supply paperwork that proves who owns what, where…
