Mr. Avery is not entirely correct here. I would not be surprised to see either type of ownership. It is very common to have a joint tenancy created among family members to avoid probate. In joint tenancy, everything would have passed to your sister the second your mother passed. To confirm this,... View More

If your dad was of sound mind when he did this, then there is little you can do. If it was done using a power of attorney, then the transfer is presumed void. You should probably pay for a consultation with an attorney to see what they think of this before proceeding.

It sounds like you are not currently divorced. If you sell the house, only half of it should go to your husband.

I would advise paying for specific legal advice as, depending on the current relationship, it may be in your best interests to hold onto the house.

Right now, based on your fact pattern, the house is owned by your father, your sister, and you. Even though there is no deed stating as much, that is still the case. You should be able to sell the property, but all three people and their spouses will have to sign the new deed.

After the sheriff has evicted the person, the soonest that the personal possessions can be presumed to be abandoned is 10 days after a notice has been posted. Generally speaking, the tenant is allowed to come back onto the property under supervision and retrieve their belongings. The landlord... View More

Unless the roommate is able to provide proof that satisfies the court of his ownership, the small claims eviction should be sufficient to remove the roommate.

But until he actually tries to challenge your probate authority, ignore his claim of the will. Make him prove that he has a valid... View More

I would have to review your old lease, but that is likely the one that is now in effect. The bill could be construed as notice, but once again, I would have to review the lease. I would probably sue in small claims court but understand that you will likely never see any of the money.

I would have to look at the specifics here, but all but certainly, if the judgment is only against one party, then the house is exempt from the judgment.

You will likely be able to sell without paying off the judgment. The final decision will ultimately come down to the title company.... View More

While the landlord is allowed to inspect the property, they are not supposed to use the property while you possess it via the lease. I would have to review the lease to ensure it is not allowed, but I don't think they should do this.

When the hedges grow and cross your line technically, it is a trespass.

That being said, I would advise you to tell your neighbor that as long as they maintain the hedges, you don't care, but if they fail to do so, you will cut all the portions of the hedge that trespass on your... View More

There are no late fees, the fee is 4 cents for every $10 in assets of the estate. I would generally advise to ask the clerk to tell you how much you owe.

It depends on the trust document. Each trust has its own methods of changing trustees. The document should detail the process for transferring the trusteeship to a new party somewhere.

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... View More

By going through probate, you will transfer the title to the house. There is no need to draft a new deed in NC to transfer the title.

You can likely get this downgraded to a charge of improper equipment, which will have minimal effects on you. However, it is at the local DA's description to do so.

Not likely the financial institution will all but certainly follow the beneficiary designation. However, you can make a personal gift if you want to after the distribution.

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... View More

You can file a quitclaim deed which would transfer any interest you have to your sister. Your sister would not have to agree or even know about this deed. Contact any attorney in NC, and they can assist with this.

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,... View More

Normally the interest of your deceased siblings would pass to their children. However, in order to verify that, I would have to review the will and make sure it didn't specify a method for determining the heirs.