Can a real estate contract be voided if it contains a waiver of attorney rights signed under unfair circumstances? – North Carolina Short Answer Yes. In North Carolina, a sale contract or deed can be rescinded or set aside if it was procured by fraud, undue influence, duress, unconscionability, or if the seller lacked capacity.…
How do I help my relative reclaim ownership if they’re now renting the property they once sold? – North Carolina Short Answer In North Carolina, a former owner can ask a Superior Court judge to unwind a deed (rescind or cancel it) if the sale was procured by fraud, undue influence, or other unfair conduct.…
How can I challenge a property sale my elderly relative made without fully understanding the paperwork? – North Carolina Short Answer In North Carolina, you typically challenge a deed or sale by filing a civil action in Superior Court to rescind or cancel the deed based on lack of capacity, undue influence, or fraud. Move…
What legal options exist to recover losses when a home is sold far below market value? – North Carolina Short Answer In North Carolina, a seller can file a civil case in Superior Court to undo the deed (rescission/cancellation) or seek money damages if the sale resulted from fraud, undue influence, or lack of capacity.…
How can I get a court to appoint a trustee for a missing trust owner to clear title on an inherited property? – North Carolina Short Answer In North Carolina, you can ask the Clerk of Superior Court to appoint a successor trustee—or a limited “special fiduciary”—when the named trustee cannot be found and no…
What documents do I need to file to request a court-appointed trustee for a trust share? – North Carolina Short Answer In North Carolina, you ask the Clerk of Superior Court to appoint a successor trustee by filing a petition in a trust proceeding. Include the trust instrument, facts showing a vacancy (for example, the…
Can I complete a closing if a trustee for one of the trust owners cannot be found? – North Carolina Short Answer Not until someone with legal authority signs for that trust’s ownership interest. In North Carolina, if a trust holds title but its trustee is missing or unwilling to act, you must either follow…
What steps do I need to prepare and record a quitclaim deed for inherited property? – North Carolina Short Answer In North Carolina, confirm who holds title after the decedent’s death, make sure the probate and quiet title records are in the chain of title, and have the correct owners (and, when needed, the personal…
How do I remove my spouse’s personal representative name from title records to avoid tax liability? – North Carolina Short Answer In North Carolina, real estate usually passes to heirs or devisees at death; the personal representative (PR) does not hold title unless a will or court order says so. To remove a PR’s name…
How can I transfer title from my grandmother’s estate to her heirs when no deed was recorded? – North Carolina Short Answer In North Carolina, real estate passes to heirs or devisees at death, but you often need recorded documents to make title insurable. If a quiet title judgment confirmed your grandmother’s ownership but no…