What happens if the motor vehicle agency says I need a subpoena before releasing title history records? – NC Short Answer In North Carolina, the motor vehicle agency may refuse to release complete title history records if the request includes protected personal information and the agency decides that a form alone does not satisfy its…
Read moreWhat happens if a law firm handled the surplus funds at the end of the estate but we have not received clear instructions to release them? – NC Short Answer In North Carolina, a law firm generally should not release surplus funds unless it has clear authority showing who is entitled to receive them. If…
Read moreWhat documents does my adult child need to provide to receive surplus funds connected to a deceased grandparent’s property? – NC Short Answer In North Carolina, an adult child usually cannot collect foreclosure surplus funds tied to a deceased grandparent’s property by simply asking for payment. The person claiming the money must show both identity…
Read moreHow can my adult child claim money that is being held from a grandparent’s estate after a foreclosure recovery? – NC Short Answer In North Carolina, foreclosure surplus money is often paid to the clerk of superior court when the former owner has died and no active estate representative is in place, or when there…
Read moreCan my adult child receive the funds directly now that they are an adult? – NC Short Answer Maybe, but not automatically. In North Carolina, foreclosure surplus funds are often paid through the clerk of superior court, and the person claiming the money must show a legal right to it. If the adult child is…
Read moreCan I get reimbursed for mortgage and utility payments I made by myself on a co-owned home? – NC Short Answer Maybe. In North Carolina, a co-owner in a partition case can usually ask the court for contribution for certain carrying costs tied to the property, including mortgage loan payments made to acquire the property,…
Read moreCan I agree to sell a jointly owned house even if I cannot afford to buy out the other owners? – NC Short Answer Yes. In North Carolina, a co-owner does not have to buy out the other owners to agree to a sale in a partition case. If the court orders a partition sale,…
Read moreCan I use a quitclaim deed to put the whole house in my name after a co-owner passes away? – NC Short Answer Usually not by itself. In North Carolina, if a deed did not create a valid right of survivorship, a deceased co-owner’s share does not pass automatically to the surviving co-owner. That share…
Read moreDoes having power of attorney or being named in the will let me sign a deed after the person has passed away? – NC Short Answer No. In North Carolina, a power of attorney usually ends at death, so the agent cannot sign a new deed for the deceased person after death. Being named in…
Read moreWhat happens if I try to sell or borrow against a house before the deceased co-owner’s interest is properly transferred? – NC Short Answer In North Carolina, trying to sell or mortgage a house before the deceased co-owner’s interest is properly transferred can create a title problem that delays or blocks the deal. If the…
Read moreDo I need to open an estate if a will leaves the deceased co-owner’s property to me? – NC Short Answer Usually, yes at least to the extent of probating the will. In North Carolina, if a deed did not create a right of survivorship, the deceased co-owner’s share does not pass automatically to the…
Read moreHow do I transfer a deceased grandparent’s share of a house into my name if the deed did not include right of survivorship? – NC Short Answer In North Carolina, if a deed did not create a right of survivorship, the deceased co-owner’s share usually does not pass automatically to the surviving co-owner. Instead, that…
Read moreHow do I handle medical and financial decisions for a family member if no estate planning documents were completed in time? – NC Short Answer In North Carolina, if an adult still has capacity before surgery, that person can usually sign a health care power of attorney and a financial power of attorney right away…
Read moreCan someone in the hospital sign a medical power of attorney and financial power of attorney if nothing is already in place? – NC Short Answer Yes. In North Carolina, a hospitalized adult can usually sign a health care power of attorney and a financial power of attorney if that person still has the mental…
Read moreWhat happens if my parent-in-law loses capacity after surgery and does not have a power of attorney? – NC Short Answer In North Carolina, if an adult loses capacity after surgery and did not sign valid power of attorney documents while still able to understand and decide, family members usually cannot simply step in to…
Read moreHow can I get a will and power of attorney signed for a hospitalized family member before emergency surgery? – NC Short Answer In North Carolina, a hospitalized adult can still sign a will, a financial power of attorney, and a health care power of attorney before emergency surgery if the person still has legal…
Read moreCan a guardianship be used if a hospitalized relative can no longer make decisions after surgery? – NC Short Answer Yes. In North Carolina, guardianship can be used when an adult can no longer make personal, medical, or financial decisions and no valid decision-making documents are available or enough for the situation. But guardianship is…
Read moreHow do I document permission to live in a relative’s house so another family member cannot later claim I had no right to be there? – NC Short Answer In North Carolina, the safest way to document permission to live in a relative’s house is a written occupancy agreement signed by the person who currently…
Read moreCan a power of attorney holder make decisions about who lives in a house subject to a life estate? – NC Short Answer Usually, only to the extent the life tenant could make that decision in the first place. In North Carolina, a life tenant generally has the present right to possess and use the…
Read moreDo all co-owners have to agree before inherited property can be sold when someone else still has lifetime living rights? – NC Short Answer No. In North Carolina, all co-owners do not always have to agree before inherited property is sold. If the home passed to multiple children as co-owners, one co-owner can ask the…
Read moreCan I keep living in a house I inherited with my siblings if another relative has lifetime living rights and gave me permission to stay there? – NC Short Answer Usually, maybe for now, but not with full ownership control. In North Carolina, a person with lifetime living rights in a house generally keeps the…
Read moreWhat happens if one sibling wants to be bought out of inherited property before the relative with living rights passes away? – NC Short Answer In North Carolina, a sibling who inherited a remainder interest in a house may be able to sell or be bought out of that remainder interest before the person with…
Read moreCan one sibling force the sale of an inherited house or demand a buyout when the property is still subject to someone else’s lifetime living rights? – NC Short Answer Usually not as to the whole property while the lifetime living rights are still in place. In North Carolina, co-owner siblings who hold the remainder…
Read moreShould permission to live in an inherited home be put in writing if family members may later dispute it? – NC Short Answer Yes. In North Carolina, if family members may later dispute who can live in an inherited home, the permission should be put in writing. A written occupancy agreement cannot override the will,…
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Articles are a starting point, not legal advice. Talk through the specifics of your case with a North Carolina attorney — the case evaluation is always free.
