with Jason Cline & Scott Donaldson (Cline Donaldson) · Part 3 of 3
Heirs property in North Carolina is one of those problems nobody sees coming, because it starts with something kind — Grandma left the house to the family. Two generations later there are forty-two legal owners, nobody can sell, nobody can refinance, and the taxes still have to be paid by somebody. In Episode 013, attorneys Jason Cline and Scott Donaldson of Cline Donaldson walk me through how ownership actually goes sideways — and how to set yours up so it doesn’t.
You signed the papers. You got the keys. You moved in. You did it — you’re a homeowner. But what happens next? That question is exactly where Jason and Scott from Cline Donaldson come in.
This is part three of our three-part series with the team at Cline Donaldson (and if you haven’t heard parts one and two yet, go do that first). Today we brought both worlds together — real estate and estate planning, colliding in the most important ways. Buckle up, because this one is equal parts educational and absolutely wild.
Hey friend — I’m Tabetha (Tabi) Klein, aka theILMrealtor. I help people buy and sell homes in Wilmington, North Carolina (and all over New Hanover, Brunswick, and Pender). This is the finale of our Cline Donaldson series — the stuff that doesn’t get talked about at dinner parties.
Watch or listen: YouTube · Spotify · makingilmhome.com · @theILMrealtor
In this episode
You signed the papers. You got the keys. You moved in. You did it, you’re a homeowner. But what happens next?
Tabi Klein, host
The biggest mistake people make in real estate
I expected two very different answers, and I got them. Jason’s take? It starts with the people you work with. A wrong realtor steering you into the wrong house, a loan officer putting you in the wrong program, an attorney who drops the ball at closing — these can cost you thousands (or way more) down the road. Scott’s answer hit differently: the biggest mistake is simply not understanding the effect of not doing things. Not planning. Assuming things will just work out. Because — spoiler — they don’t always.
Should you buy a house with your boyfriend or girlfriend?
Jason’s answer was refreshingly direct: he tries to steer people away from it — not because love isn’t real, but because the legal system is built for married couples. If things go sideways and one person stops paying the mortgage, you can’t just walk away. The legal process to force a sale — a partition action — can take 8 to 12 months and cost a small fortune, all while you’re also dealing with a breakup. The good news, per Scott: it doesn’t have to be doom and gloom. Trusts, LLCs, and co-ownership agreements can protect you both — the key is doing it intentionally, with the right people, before something goes wrong.
The LLC trap the internet gurus won’t tell you about
You’ve seen it on real estate TikTok: “Put your property in an LLC to protect yourself!” Here’s what the gurus leave out: almost every mortgage has a due-on-sale clause. Transfer the property into an LLC without your mortgage company’s consent and they can legally call your entire loan due — immediately. How do they find out? You update your homeowners insurance to list the LLC, your mortgage company is a named beneficiary on that policy, and they get an automatic notification. You can absolutely put property into an LLC — but you have to do it with your mortgage company’s knowledge and consent. That’s the step the 60-second video always skips.
Mortgage fraud is more common than you think
Occupancy fraud is the most common form of mortgage fraud in the United States. It happens when someone declares a property as a primary residence to get better loan terms — lower rates, lower down payment — and then rents it out or uses it as an investment. The FBI investigates this; it’s federal. While fraud requires intent, the line between “life changed my plans” and “I never planned to live there” matters enormously. Jason’s advice: if you’re thinking about doing it, stop — before you sign anything.
Horror story: heirs property in North Carolina, 42 owners deep
A woman passed away in Wilmington with no will and no estate plan. Her only heir — her son — had predeceased her. Her parents were gone. No siblings, no children. So the state went looking further up the family tree. On the paternal side they traced back to a grandfather who died in 1962, who had seven children born in the 1930s. By the time you trace every branch forward to today, they had found 42 heirs — and still couldn’t account for all of them. A simple will, even one leaving everything to a local charity, would have prevented the whole thing.
The fertile octogenarian (yes, this is a real legal concept)
In property law, there’s a concept called the “fertile octogenarian”: legally, no matter how old a person is, the law considers them capable of having more children until they’re deceased. Jason had a real case where a deed left property to a daughter, then to “her children.” The daughter was 60 with adult children, but because the deed didn’t say “children now living,” the class was still technically open — so they couldn’t close on the property until the daughter died. The fix is four words: the deed should have said “to her children now living.” That’s the difference between a clean title and a legal standstill that could last decades.
AI, voice cloning, and deed fraud
Scott spent time in law enforcement and helped build a deed fraud unit in New York City, so when he says this is getting scarier, I believe him. With AI voice cloning, bad actors can capture five seconds of your voice and use it to impersonate you on a phone call — convincing family members to sign off on a reverse mortgage or transfer a deed under false pretenses. The protection? Incapacity provisions in your estate plan. A properly structured trust with clear directives for who can act on your behalf can be the guardrail that keeps your home safe even if someone tries to use your own voice against you.
Bottom line: what to take away
- Work with professionals you trust at every step — realtor, lender, attorney. The wrong ones can cost you six figures.
- An estate plan isn’t just for wealthy people. It’s for anyone who owns anything and wants to decide where it goes.
- Buying property unmarried? Plan for it intentionally — partition actions are expensive, slow, and emotionally brutal.
- Don’t put your home in an LLC without your mortgage company’s consent. Your due-on-sale clause is real.
- Occupancy fraud is federal. Don’t do it.
- Probate is a mess. A trust, properly funded, is almost always worth the upfront cost.
- Estate planning documents need to be precise. “Her children” and “her children now living” are legally very different sentences.
- AI voice cloning is a real threat to property owners. Incapacity provisions are becoming essential.
As always — I’m not an attorney and I can’t give you legal advice, but I can point you in the right direction. If anything here made you pause and think “wait, do I need to look into this?” — the answer is probably yes. Reach out to the team at Cline Donaldson. They’re local, they’re brilliant, and they’re genuinely passionate about helping Wilmington families protect what they’ve worked for.
Connect with Cline Donaldson
Website: clinedonaldson.com — three offices across coastal Carolina, all staffed with dedicated attorneys and closers.
Wilmington · Oleander — Mike Ankrum, 5725 Oleander Drive, Suite G-3, Wilmington, NC 28403 · 910-834-8167
Hampstead — Jessica Bertovich, 14889 US-17, Suite 108, Hampstead, NC 28443 · 910-834-7688
Shallotte — Amber Ray, 117 Holden Beach Rd SW, Suite 103, Shallotte, NC 28470 · 910-661-2012
What to actually do about it
- If you own property with someone you aren’t married to, decide deliberately how title is held and put it in writing. The default is rarely what people assume.
- If you expect to inherit family land, find out now how it is titled and whether an estate was ever properly administered. NC State Extension’s explainer on heirs property in North Carolina is a genuinely good starting read.
- If you already own family land with relatives, talk to a real estate attorney before a sale is on the table, not after. Options narrow fast once there’s a buyer waiting.
- If someone is telling you to put your house in an LLC, ask what it does to your mortgage, your insurance, and your taxes first.
- Protect the deed itself. Most county Registers of Deeds offer free property fraud alerts — Episode 012 on real estate wire fraud covers how to set one up and why deed fraud is getting easier.
This episode pairs naturally with two others: Episode 011 on what happens to your house if you die without a will in NC, and Episode 008 on owner’s title insurance, which is the safety net for a lot of what goes wrong here.
Questions about family property
What is heirs property in North Carolina?
Land passed down without a will or a properly administered estate, so ownership splits among heirs by statute. Each generation multiplies the number of co-owners, and none of them individually controls the property.
Can heirs property be sold if not every owner agrees?
It gets complicated fast and can end up in a partition action. Talk to a real estate attorney before a sale is on the table, because options narrow once a buyer is waiting.
Should I put my house in an LLC?
Ask what it does to your mortgage, your insurance, and your taxes before you do it. The internet version of this advice usually skips all three.
About our guests: Cline Donaldson
Jason Cline is an attorney with Cline Donaldson PLLC in Wilmington. He completed high school and his undergraduate studies in Alaska before attending law school in Arkansas, and is admitted to practice in both Arkansas and North Carolina, as well as the Middle and Eastern District Federal Courts. His practice is heavily focused on real estate and business development, and he has handled thousands of real estate transactions ranging from small land deals to multi-million dollar development projects. He is a member of the New Hanover County Bar Association and the North Carolina Bar Association. Before practicing law he served as a Senior Adviser to the Arkansas Secretary of State. He is also a Captain in the North Carolina Army National Guard, currently serving as a company commander. Outside of work he runs, does CrossFit, and is a certified yoga instructor.
Scott Donaldson is an attorney with Cline Donaldson PLLC, where his work covers estate planning and real estate. He is also the guest on Episode 011.
Between them the firm handles real estate, estate planning, and litigation. Website: clinedonaldson.com
Buying, selling, or untangling family property in Wilmington?
I’m not an attorney and this isn’t legal advice — but I can tell you when something looks like a conversation you need to have with one, and I can point you to people who handle it well. Call or text me at 910-983-8963, or start with my guide to buying a home in Wilmington, NC.
Tabetha Klein, REALTOR® | Coldwell Banker Sea Coast Advantage | 910-983-8963 | makingilmhome.com | @theILMrealtor
This episode is for general education and local insight, not legal or tax advice. Property law, titling, and estate administration are fact-specific — always consult a licensed North Carolina attorney about your own situation. Guest appearances are editorial and are not paid endorsements. Coldwell Banker Sea Coast Advantage. Each office is independently owned and operated. Equal Housing Opportunity.