A partition of property occurs when the property owners cannot agree. Finally, one says "that's enough, I want out" or "I want my 1/2, you can have your 1/2". If the other side won't buy the other out, then one files a partition action with the court. The clerk of court (in North Carolina cases) will determine if the property can be divided equally or needs to be sold.
A by-the-slice pizza joint just opened in Downtown Winston-Salem in December of 2016. Twin-City Slice opened at the former Kabob's on the 200 block of West Fourth Street. For more see:
If you need legal assistance with your restaurant or bar, call the attorneys at Hendrick Bryant.
If you are in a situation where you question whether the estate was administered properly by the personal representative (executor or administrator) or whether the last will and testament was executed properly, then let it be known: once you sign the release for your estate proceeds you are waiving further right to challenge the estate or will. for more, go to my companion site at www.willcaveat.com
One way to prevent estate litigation is to discuss it with your heirs. Sure, it's none of their business, if you want it to be that way. However, believe me when I say that I've seen heirs fight over pieces of personal property worth hundreds of dollars when the estate was worth millions of dollars.
Here are some suggestions that may help you in your estate planning & possibly in preventing estate litigation from my willcaveat.com site:
In NC Lis Pendens are effective ways to preserve real estate assets that are involved in the litigation of a case. This is particularly useful when contesting a will or contesting a trust. If not filed, then the assets could be sold or transferrred to a third party or bona fide purchaser, the sales proceeds get squandered, and the plaintiff in the case ends up with a paper judgment instead of cash on the barrel head.
September 2016: After a week and a half trial in Dobson, Surry County, the jury came back with a unanimous verdict in favor of the contractor.
The above link includes the North Carolina Supreme Court's 15 page opinion that ruled that the NCDOT took property owners property in the Northern Beltway of Winston-Salem, Forsyth County. This has a similar effect for property owners in the Raleigh 540 Southern Expressway, Fayetteville Outerloop, Shelby 74 Bypass, and Greensboro Outerloop.
A short discussion about using Charging Orders after the creditor has a judgment against the debtor. In NC the court can issue a charging order so that any disbursements from the LLC for the debtor have to be directed to pay the creditor. Can be very effective at shutting down the cash flow for a debtor. It helps get the debtor more incentivized to settle the debt and provides money to the creditor to be used to help satisfy the judgment owed to the creditor.
A lot of times so much energy is spent getting a judgment at court whether by motion or by trial. But how do you collect on that judgment if the debtor doesn't turn around a pay?
North Carolina has archaic post-judgment collection laws that date back to the 1800's. It's a maze to get through the process of exemptions and executions.
Here is a blog where I discuss some of the basics of the process: http://hendricklawfirm.com/post-judgment-collection-attorneys-north-carolina/