North Carolina doesn't recognize transfer upon death instruments, so how can I claim the house left to me?
answered on Oct 3, 2022
When it comes to real property, the law that governs it is almost always the law of the state in which it lies. So in this scenario, you need to be talking to an IL lawyer and see what needs to be done.
My father is a cosigner and wants to be removed from my FHA loan. I was not employed at the time of purchase but am now. I checked my closing disclosure and it states that my loan is assumable. Do I need an attorney to do this? If possible, how do I get this process started?
answered on Oct 3, 2022
Unless the new lender allows it, the cosigner would still be liable if someone else assumed the Note. Check with various lenders for their policies. You might find one that allows his removal, but it is doubtful. Only a refinance will probably result.
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answered on Oct 3, 2022
Until the divorce is finalized your wife has an interest in the property and would have to sign any deed.
answered on Sep 30, 2022
A North Carolina attorney could advise best, but your question remains open for four weeks. An attorney is likely going to want to see more details about the policy. If you could arrange a brief initial consult, an attorney might be able to outline the best options here, such as litigation or... Read more »
My mom died and left her residual estate to 14 (4 children and 10 grandchildren). Some heirs are ex-pats. It will be easier to handle the sale of a rental property if it is first titled to the estate and then sold - and all heirs agree this can happen. While the will gives the executor (my... Read more »
answered on Sep 29, 2022
The Residuary Estate Clause of the Will disposes of the rest and residue of any property not already bequeathed or devised in the Will. So, depending on the Title, it appears the rental property can also be sold for the benefit of Estate Beneficiaries. Hire a competent NC lawyer to examine the... Read more »
Closed July 2021.
Sellers hid major damage, real estate agent was a young kid, making millions in a crazy market and largely uninterested n unresponsive to us small potatoes. He recommended we go with his inspector friend. We trusted all parties at the time. We discovered immediately... Read more »
answered on Sep 29, 2022
Attorneys are not allowed to say "I'll take your case" on this forum. It's not allowed. Start with local attorneys and gradually move further away. I must warn you that you have a duty to mitigate your damages. You have to pay for the repairs yourself, and then sue to get... Read more »
I was in a very high corporate position but did not sign a contract beyond the handbook. I had no formal documentations in my year at the company. I started as a VP, and he changed my title and responsibilities to a higher role, without changing my pay.
Was the company required to pay my... Read more »
answered on Sep 27, 2022
If you were an at-will employee, then the company (assuming it is not a state agency) had no obligation to pay the notice period. The organization was free to terminate your employment absent an agreement stating otherwise.
It seems as though you are suggesting that a contract was... Read more »
The buyer had him sign some papers and the made a legal description of the land himself and had it recorded in the GIS. The property is now recorded under his name. He has not paid my fiance the balance and this recording of the land was done after the 60 days agreed apon. What does he need to do
answered on Sep 26, 2022
Hire a NC attorney to sue for Breach of Contract. Then levy Execution upon the real property you just conveyed to him. Always hire an attorney to represent you in a real estate transaction (search title, draft deed, note, deed of trust, etc.)
we’ve been separated 12 years. not divorced. she went to the registrar of deeds with a new deed with his and her name on it. my name is there without a signature. they recorded it. is it legal? did i lose my land?
answered on Sep 23, 2022
I would have to review the deed. He may have just conveyed his portion, but if he also tried to convey your portion then fraud was committed, and you should contact the local law enforcement.
answered on Sep 22, 2022
Yes, this work should already be considered as in public domain as it was published in 1920.
answered on Sep 20, 2022
Unfortunately, you likely aren't going to get a clear answer on this type of forum. I would highly suggest that you DON'T try and handle your pre-nup on your own, and instead at least consult with a local family law attorney. I will say that the pre-nup might not have much that is... Read more »
All debt in my wife’s name and we are divorcing. If I am responsible for 50% of marital debt and she is filing bankruptcy, how do I file for my half of the debt if it’s not in my name?
answered on Sep 19, 2022
I had this issue in a case in Oklahoma, involving a Colorado bankruptcy, and a Florida divorce.
Your divorce decree/property settlement agreement most probably allocates responsibility for the marital debts, and that is what includes you as a responsible party to the debt. But your... Read more »
As I don’t dispose of the proceeds?
answered on Sep 19, 2022
Without seeing the order, I doubt any lawyer would be able to advise you on how to proceed. You are likely going to have to pay someone to review it and give you specific advice.
The debt is only in her name.
Also,, She gets a paper check and has no bank account. I cash the check for her through my bank. We have very little equity in a jointly owned car. My major concern is the house but I think she is practically, "judgement proof."am I wrong? Thanks
answered on Sep 15, 2022
North Carolina has long recognized the common law creation and enforcement of the tenancy by entirety concept. Here's a good UNC law review article tracing its history.... Read more »
answered on Sep 14, 2022
It sounds like a scam. A typical loan requires NO "up front" payments. Do NOT send any money without receiving, reviewing and signing a complete promissory note or loan agreement that describes how much the payments are, the interest rate, and the total amount to be paid back. This is... Read more »
We bought a home for cash in NC 7 years ago with proceeds from sale of home in VA, paid off by my husband’s parents estate. Separated since January when I left for a job across the country. He listed the house in late July and we have a buyer and contract, which he just decided not to honor.... Read more »
answered on Sep 14, 2022
I would need to review the deed to the house to give a definite answer.
However, it is likely that the house is in both your names and you and he own it as tenants in common. He is allowed to live there rent-free, but he is responsible for 50% of all expenses, taxes, utilities, hoa fees,... Read more »
The WC doctor ordered an EMG/NCS test (#1) in September, 2020 with an abnormal study indicating minimal nerve damage at my L5 nerve root which suggested a possible recovery time of 8 weeks from a slip & fall injury.
WC doctor ordered PT in October 2020 where I was placed on a Lumbar... Read more »
answered on Sep 14, 2022
Yes, an injured worker can file a separate medical malpractice claim when the doctor is not an employee of the same company. While often referred to as “WC” doctors, they usually are not employed by the company where the worker was injured or the workers’ compensation carrier.... Read more »
answered on Sep 12, 2022
There is no specific exemption for a health savings account under Federal or State law. North Carolina residents must use the $5,000.00 "wild card" exemption to cover HSA balances - assuming that the "wild card" is available. If a debtor uses up their $35,000.00 residential... Read more »
On the order filed against us, they crossed out where the plaintiff, defendant and her attorney would have signed. Are they not required to sign the “motion” that was filed? My husband had primary custody of my stepdaughter that I have raised for the last 8 years and BM moved to NC when she... Read more »
answered on Sep 12, 2022
A custody agreement may be formed between parties without the involvement of a court, but it carries no enforcement mechanism if a court is not involved. When co-parents are getting along, these are routinely formed without a court's involvement. In some cases the agreement is entered as a... Read more »
The settlement came in my name but went through bankruptcy court to pay both our debts. The rest comes to me. But has both our names on it. Husband had no assets of value. Never opened probate estate I just pay his bills as they came in. Now what do I do
answered on Sep 12, 2022
It sounds like the check came from the bankruptcy trustee. Contact the trustee and ask to re-issue the check in your name only. Be prepared to submit the certificate of death for the Trustee's due diligence.
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