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My adopted dad signed over the house and land to my sister which was his biological child and she didn't even tell me that my dad passed away and she told family it was because she didn't want to have to go through anything with me for the home and land is there anything I can do
answered on Jun 22, 2023
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.
If I sell house am I entitled to half the profit or does all have to go to assisted living facility
answered on Jun 22, 2023
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.
My sister and I would like to sell the property, but we aren’t sure how to get it in our name. My mother was married to our father when she deceased, but his name isn’t listed on the deed. (They were married for 16 years, then they divorced and she purchased property… then remarried 20 years... View More
answered on Jun 22, 2023
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.
The roommate will not give me the keys or access to the house or car. He states he has a holographic will but will not give me a copy. I filed a Small Claims to make him leave and sent him a demand eviction letter. He refuses to leave. He is a career criminal out of jail on a secured bond.
answered on Jun 16, 2023
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 rented unit about 15y ago. Storage facility has been sold twice to new companies. Neither owner had me sign a new contract. Does the originally contract stand? Also, they've raised the rent 3x in last 2 years with NO 30 days notice like before. Contracts states 30 day notice must be... View More
answered on Jun 13, 2023
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.
we are private people. I don't want this guy to come to my house every day and use our water and water the grass and our flowers?? I am so very unvomnfortable. Do I have any rights?
answered on Jun 7, 2023
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.
answered on Jun 6, 2023
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.
About 10 years ago my 85 year old widowed aunt created a living trust for her special needs granddaughter. My aunt is of sound mind, but her physical health is now declining. She wants to transfer control of the trust to the successor trustee. How does she do this, and does she need to retain an... View More
answered on May 30, 2023
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.
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... View More
answered on May 16, 2023
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.
answered on May 8, 2023
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.
If I am a beneficiary on an IRA but also the executor of the estate with a will that wants everything split 3 ways, will I be able to direct the IRA asset holder to disburse to the 3 people in the will (myself and two siblings) instead of just the beneficiary (me)? Thank you
answered on May 8, 2023
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.
My sister and I inherited my parents’ Chapel Hill home in 2020. My sister, who resides in Chapel Hill, took care of the estate sale, and we agreed she would become sole owner of the house. When she closed the estate, she directed the estate lawyer to include my name as co-owner on the house. My... View More
answered on Mar 16, 2023
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'm the executor and just need to know because she only stated in her will that the sale of home be divided among the children and no one else was listed.
answered on Jan 13, 2023
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.
My biological father never changed deed to property nor did my mom who has rights to property
answered on Oct 6, 2022
I believe you are asking who now owns the property, and I couldn't answer that without seeing the deed.
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.
I
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.
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.
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.
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.... View 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,... View More
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