In NC as long as the first will or estate was properly probated, the property passed to the now-deceased individual. If the second will or intestacy proceeding names the husband as the sole beneficiary of the property, it is now in his name.

Without reviewing both estates and the original... Read more »

I would have to check to make sure that your brother didn't add his wife to the deed before he passed, before giving my full legal opinion. But in the scenario you outlined, since the ownership was joint with the right of survivorship between you and your brother, once your brother passed,... Read more »

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 »

Any owner of the house can use it as they see fit as long as they don't prohibit the other owners from accessing the house as well and don't intentionally damage the value of the house.

As to the business, I or any other lawyer would need to read the documents pertaining to how... Read more »

If you and your husband were both listed on the deed as husband and wife, then you own the entirety of the house; there is no need to calculate shares. If the two of you were not listed as husband and wife, then I would advise you to file a year's allowance in the estate and use it to increase... Read more »

When you get a final court order, it will likely contain a judgment against your tenant for the amount owed. If they are living in a different county, you will need to transfer that judgment to the new county.

With that being said, the overwhelming majority of tenant judgments never get... Read more »

Get your entire contract and as much information in front of a local lawyer as soon as possible. While it is likely too late to utilize the home warranty, if it exists, you can likely still file a lawsuit against some party to the matter.

This situation is difficult to determine, and I would have to review all documents to give you a complete answer. However, legalistically, it sounds like you are the only property owner, which would make the other "owner" a tenant or guest on the property. Where it goes from there, I... Read more »

The inmate may have their PoA on file at the local register of deeds, however, most PoAs are not recorded unless necessary. Additionally, it is very likely that no PoA exists for the inmate. The only way to know for sure is to ask the inmate themselves.

Without seeing your grandparents will and getting a full timeline together of when the events took place I can't answer your question with any specificity.

However, my thoughts are that you should probably try and get everyone to sign.

You can do several things; you can sue to have an injunction issued that would prevent you from being evicted. You would have to convince the judge that you were told this by one of the owners.

The second thing you can do is sue for unjust enrichment, basically saying that you have... Read more »

If you want your name on a deed, you will have to file one at the register of deeds. You can do this, but I advise you get a lawyer to draw up the document.

The actual legal transference happens when you probate a copy of her estate in the county where the property is located.

What the County told you is correct, currently, even though there is no road on your lot, every owner in the subdivision has an interest in that .2 acres. You will need to have someone draw up a deed from all other owners and get them to sign to remove that right of way.

Depending on the wording of the will, any portion that mentions her ex may be void. However, the best resolution for both of you is that you have new wills drafted. The new will would override the older one and you should be advised on how best to protect your assets going forward.

Unfortunately in this scenario, all of your husband's biological children as well as yourself are heirs. However, there are some options available to you as the spouse that may cause all of the assets to pass directly to you rather than to all of the heirs.

Contact myself or another... Read more »

Short answer, yes. For the longer answer, the DoR has to complete a couple of steps to attach them, but once those steps have been completed, the liens attach. Consult a local attorney to see if the lien has been attached.

Unless the house is specifically mentioned in the will that it is to become part of the estate it does not automatically become part of the estate. The executor of the estate will likely have to join in the sale to release any potential interest the estate has but you should do everything in your... Read more »

When your step-mother passed, this cabin went to the heirs automatically. I do not know FL estate laws, but in this case, NC laws govern the transfer of the cabin. A certified copy of the will and some other documents have to be filed in the county where the cabin is located, and from there, the... Read more »

Depends on the ownership type, but highly likely that it would pass to your children. There are two types of ownership that the land could be under the most common are tenants in common and under that, your kids would inherit. The second is joint with the right of survivorship and in that, your... Read more »

Without seeing the deed it is hard to know for sure, but he does not likely have any real claim to it.

Generally speaking, should you die before him, he can assert some claims under NC law and he would have to sign any deed should you sell the property. And in a divorce, his claims would... Read more »