Explore our informative articles, insights, and updates focused on North Carolina Estate Administration, Estate Planning, Partition Actions, and Surplus Fund cases. Our goal is to make these complex topics accessible, offering you guidance and understanding at each step of the legal process. Whether you’re looking to navigate probate administration, protect your assets through careful planning, understand partition actions, or resolve issues with surplus funds, our articles are designed to empower you with practical advice, legal insights, and actionable steps. Stay informed and feel confident as you make decisions about your estate and legal matters.
Can I request a continuance for the partition hearing while we work toward closing? – North Carolina Short Answer Yes. In North Carolina partition cases, you may ask the Clerk of Superior Court to continue a hearing for good cause. If the property has been sold through the judicial sale and upset bid process and…
Can an upset bidder choose a different title attorney after the initial sale is confirmed? – North Carolina Short Answer Usually yes for title review, but not if it conflicts with the court’s orders. In a North Carolina judicial partition sale, the buyer may hire their own North Carolina lawyer to examine title. However, the…
What happens if a buyer keeps extending the closing date after a partition sale? – North Carolina Short Answer In North Carolina, once a partition sale survives the upset-bid period and is confirmed, the purchaser must pay the balance and close by the deadline set in the sale or confirmation order. If the buyer does…
How do I request an extension of time to respond to a partition petition? – North Carolina Short Answer In North Carolina partition cases, you generally have 10 days after service of the special proceeding summons and petition to file a written answer with the Clerk of Superior Court. To get more time, file a…
How can I find out the outstanding mortgage balance when the servicer won’t share details? – North Carolina Short Answer In North Carolina, heirs who inherit real estate take it subject to any existing mortgage, and lenders usually will not discuss payoff figures without proper authority. You can get that authority by having a personal…
How do I calculate the equity in co-owned property before paying off a mortgage? – North Carolina Short Answer In North Carolina, start with the property’s fair market value, subtract all liens (like the mortgage payoff and taxes) and expected sale costs to get total equity. Then divide the net equity by each co-owner’s percentage…
How can I get the trustee of the co-owner’s trust to sign a satisfaction of deed of trust? – North Carolina Short Answer In North Carolina, the recorded lien can be cleared by a satisfaction signed and recorded by the secured creditor of record (here, the trust acting through its trustee) or by using the…
Can I file a motion in the partition proceeding to hold sale proceeds and force release of the lien? – North Carolina Short Answer Yes. In a North Carolina partition case, you can ask the Clerk of Superior Court to order a judicial sale free and clear of liens, with any disputed lien attaching to…
How do I verify whether the recorded deed of trust is valid and properly enforceable? – North Carolina Short Answer In North Carolina, start by confirming that the deed of trust was properly executed (signed and notarized), correctly recorded and indexed, and that the co-owner had legal authority to encumber only their interest. Next, check…
Can I challenge a quitclaim deed my ex-spouse signed without my consent? – North Carolina Short Answer Yes. In North Carolina, surplus funds from a foreclosure are paid to the person legally entitled to them, and the Clerk of Superior Court can decide competing claims. A quitclaim deed only transfers whatever the signer owned at…
How do I prove my share of home equity if my name remains on title? – North Carolina Short Answer In North Carolina, surplus funds from a foreclosure go first to junior lienholders of record and then to the property owner(s) of record at the time of the sale. To prove your share, file a…
Will filing bankruptcy affect my ability to recover surplus funds? – North Carolina Short Answer Yes, filing bankruptcy can pause or change how foreclosure surplus funds are paid out in North Carolina. The surplus is generally paid through the Clerk of Superior Court to junior lienholders first and then to the homeowner, but a bankruptcy…
Do I need separate attorneys in each state to add properties to my trust? – North Carolina Short Answer Usually, no. Under North Carolina law, you generally need your estate planning attorney to coordinate the funding of your revocable trust, and a local real estate lawyer or title professional in the state where the out-of-state…
Can we use medical evaluations retroactively to show incompetence at signing? – North Carolina Short Answer Yes. In North Carolina, you may use medical records and later medical opinions to help show the signer lacked capacity at the moment a durable power of attorney (POA) was executed. The court will weigh all evidence—medical, notarization, and…
What kind of evidence is needed to prove undue influence in a POA case? – North Carolina Short Answer In North Carolina, undue influence in a power of attorney (POA) case is usually proved with circumstantial evidence showing four things: the signer was vulnerable, the agent had the opportunity and a disposition to influence, and…
What powers should I include in my durable power of attorney? – North Carolina Short Answer In North Carolina, a financial power of attorney is durable by default and takes effect as your document states. To be most useful, it should expressly grant any “special” powers you want your agent to have (for example, making…
How do I choose the right agent for my durable power of attorney? – North Carolina Short Answer In North Carolina, your agent under a durable power of attorney should be a trustworthy person or institution willing and able to manage your finances, follow your wishes, and keep records. Pick someone who understands your priorities…
What remedies are available if someone records a deed but never pays for it? – North Carolina Short Answer In North Carolina, a seller can file a civil action in Superior Court to either cancel (rescind) the deed for failure of consideration or force the buyer to pay (specific performance). Courts can also impose a…
Can a paralegal prepare and record a deed in an attorney state or does it have to be an attorney? – North Carolina Short Answer In North Carolina, drafting a deed for someone else is the practice of law and must be done by a North Carolina-licensed attorney. A paralegal may help only under the…
How do I prove breach of contract for the sale of my home interest and recover damages? – North Carolina Short Answer In North Carolina, you prove breach of a real estate sales contract by showing: a valid written contract, your performance (or tender), the buyer’s nonpayment, and resulting damages. With a deed already delivered,…