answered on Apr 11, 2023
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 »
the home which I had the right to do as executor of estate, we agreed that brother would live in home paying for all upkeep.Brother has a spouse. (whom he married after we became joint owners) Brother has passed away. Spouse is making a claim for property. Does spouse have any legal rights to... Read more »
answered on Jan 31, 2023
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 »
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 estate constitutes a house and a business. The deceased wanted her brother to live in the house until he decided not to and own the business. However, this wish was never legalized in a revised will. So, based on a 2009 will, all assets are divided amongst the 4 siblings, who are not all on... Read more »
answered on Aug 19, 2022
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 »
My husband just passed away and both our name are on the deed. We dont have children together but we both have from previous mariage.
I use money from my personal account( have proof) to finance the down payment and the renovation 2 years ago, because he wasnt work.
Because of the... Read more »
answered on Aug 8, 2022
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 »
non payment of rent totaling $4650. What legal steps do I have to take in NC in order to collect the past due rent, $4650, they owe me ? Am I correct in saying that I need to know their current home address in order to pursue these legal steps ? I have thier phone numbers, email addresses, and... Read more »
answered on Aug 8, 2022
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 »
The area in question was purposely covered by a piece of furniture that fit exactly inside a closet. The end of month we'll be here 1 yr. We just moved this furniture and saw a nightmare. We had an inspection done and he never even checked. The home was built in 2019. We are 3rd owners. DR... Read more »
answered on Jul 28, 2022
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.
Party A, and B.
Party A lives on property, gave monetary value, during closing, to own 25% of the property. There is no writing in place. Their name is not recorded on the deed. Credit was not pulled. Verbal agreement was : to help pay half of the mortgage and other costs. Take care of... Read more »
answered on Jul 19, 2022
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 »
answered on Jun 29, 2022
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.
My parents are one of the original 2 first lien holders . Can they release the title back to me or do my parents plus all of the deceased grandfathers beneficiaries which consist of 5 individuals & his church have to all complete the Affidavit of North Carolina Lienholder form MVR-46D in order... Read more »
answered on Jun 27, 2022
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.
And I have put 15,000 into this home and now a year later my dad's cousin is telling me I have to end of year to be out like is there anything I can do
answered on Jun 27, 2022
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 »
sister had no will. not married and no children.
answered on Jun 23, 2022
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.
We found out .2 acres of our lot was not ours. We bought from the owner for a small amount, plus legal fees. The sellers were the developer who sold to individual lots to a construction company. The construction company refused to buy the lot I am writing about. The county required the... Read more »
answered on Jun 13, 2022
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.
Wife has a will that involves others including her ex husband. We have been married for a few years and recently came across this will. As we are married and have been so for 8 years, is this will automatically null and void or does she need to do through something else in order to cancel it. And... Read more »
answered on Jun 9, 2022
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.
My husband and I were married 21 years. During that time he had children with other women out of wedlock. What constitutes those children being legitimate to inherit from him? He isn't on either of their birth certificates. He did pay child support and signed an affidavit while legally still... Read more »
answered on Jun 7, 2022
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 »
answered on May 17, 2022
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.
To go through probate or can I continue with the home loan through the bank?
answered on May 12, 2022
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 »
Her will says everything is to be divided amongst the heir according to certain percentages. The heirs have agreed to sell the cabin to me one of the heirs. Is it possible to have the property transferred to the heirs, then I buy it from the heirs? Paying them the percentage that they own based on... Read more »
answered on May 11, 2022
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 »
answered on May 11, 2022
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 »
answered on May 18, 2023
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 »
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