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A family member forged signatures and/ or lied claiming to be sole heir and took possession of property deeds. Now, all land and money matters have been placed on hold but currently, no lawyer is involved to help resolve matter so I'm not sure why matters are on hold or cannot be touched or... View More 
answered on Mar 24, 2022
Hire a local lawyer to assist you, this sounds like a very complex issue that will need the specific knowledge that a lawyer will provide.
Mom only one living. there are no wills. can she sign over land to her son
answered on Mar 21, 2022
It sounds like both your stepfather and stepfather's mother are deceased. If so, then the land is likely now owned solely by your mother, and she has the authority to convey the land as she sees fit.
Without reviewing the deed and seeing documentation regarding the status of all... View More
It is a yearly lease.
answered on Mar 8, 2022
Without reading your lease specifically I can not answer your question, it is not within the 30-day window but given that your lease actually expires there may be an exception in the lease.
There is a simple family structure:
* two grandparents, both alive, still married, no prior marriages
* two children, both alive and both married, no prior marriages
* The older child has no children
* The younger child has one issue (the grandchild), alive,... View More
answered on Mar 7, 2022
In this scenario, because the grandchild is the deceased child's issue, they would likely take their parent's full share, giving them a 55% share of the estate. However, it would be difficult to give a firm legal opinion on this matter without reading the document.
A first & second was deeded in 2007. The loan was modified in 2008. Unknown to Mortgagee, second was not modified. The primary was sold many times in past fifthteen years. No collections or Credit Bureau etc on second. Now attempting to refinance. Current mortgage has no record of 2nd, but... View More
answered on Feb 22, 2022
The only way to clear the issue is to contact the original lienholder or the collection agency and see if they are willing to release the lien. If they are not, the closing attorney will have to attempt to get a title insurance company to insure over the issue.
Buyer chose to go through with the sell. Who is responsible for handling the new meter issue, the buyer or the seller?
answered on Feb 21, 2022
Without reviewing the contract I can not tell you who is responsible, take all the documents to a local attorney and have them give you their opinion on the matter.
The Mortgage company would not allow me to purchase the property under my LLC. But I want to keep expenses and income in the account attached to the LLC to keep things separate from personal income/expenses
answered on Feb 18, 2022
My advice is to make a lease from you to your LLC specifically allowing subleasing and then lease the property under your LLC. This keeps the layer of formality between you and your LLC to reduce your legal liability.
does it need to be included under- Property which can be added to estate if needed to pay claims?"
answered on Feb 17, 2022
It depends on how the property was held before the deceased passed. There are several methods of ownership that exclude real property from the probate process. Talk to a local lawyer to get an opinion as to what your options are in this specific scenario.
if he fails to do so he must surrender the house back to the estate for it to be sold and the money to be divided between the grandchildren. He did not pay the taxes and refuses to move out. I filed for an eviction, under the advisement of the lawyer that wrote the will, but when it went to court... View More
answered on Feb 16, 2022
I am guessing that your filing was rejected because the estate did not own the property when you filed the eviction. By default, real property is not in the probate process unless specifically instructed to be under the will. You will need a lawyer to draft a special proceeding to bring the... View More
We live in NC. I never knew that tenants by the entirety existed until after we executed the deed. I added her name because I'm significantly older than her and thought it was probably a good idea. We were dating when I bought the house. We have had a joint bank account since before the... View More
answered on Feb 15, 2022
Without more information, I cannot give a definitive answer, but unless you had actual knowledge that the lawsuit was imminent you are likely okay.
I am selling a piece of land to a relative and would like to add a restriction to the deed before selling to prohibit mobile homes on the property. I have already received the offer to purchase contract from him. Does the deed restriction need to be in place before this contract is accepted, or can... View More
answered on Feb 14, 2022
Without seeing the contract in question I can't give you a solid answer but the actual restriction is put in the deed. But the contract may prevent you from adding the restriction.
My Fathers Will did not Itemize but said "Everything to my Children" He has a house. Question - Should the house be included on the form ?
answered on Feb 14, 2022
No, real estate only goes into probate if it is specifically mentioned in the will or if a special proceeding is initiated to bring it in to pay debts.
My elderly parents own 2 lots in unicorporated Columbus county. They have a mortgage on the property. A neighbor built multiple structures that clearly encroached on my parent’s land. They told the neighbor this but the neighbor claimed my parents were wrong. To make sure, I had a survey done... View More
answered on Feb 14, 2022
There is nothing preventing the sale of a mortgaged property; it just frequently triggers a due on sale provision in the mortgage. Without seeing all the paperwork, I could not tell you if what was done was legal or not. My advice is to speak to a local lawyer who can pull all the files, review the... View More
Sibling transferred property to them as parent was dying and couldn’t speak I assume to avoid probate. Also sibling had apparently gamed the system by purchasing property in my parents and his name do wife couldn’t get it as inherited property can’t be taken. Is this not fraud? Tax fraud?... View More
answered on Feb 2, 2022
If someone transfers real property to themselves using a POA it is voidable, contact an attorney local to the area and ask them to assist you with having everything undone.
My name is Keshia.
answered on Jan 27, 2022
Talk to the bank normally mortgages are not assignable and you will have to enter into a new mortgage with the bank.
I was designated as the executor of my grandmother's will. In her will she left her home to her surviving children (my mother, aunt and two uncles) who wishes to quick claim deed the house to me.
answered on Jan 27, 2022
I would advise having an attorney draw up the deed just to make sure everything is done properly but yes you can draw up the deed and it should be signed in front of a notary. All spouses will have to sign as well.
What is the least expensive loan option for him? Can he get a loan to pay off the current mortgage that includes a construction loan?
answered on Jan 25, 2022
Talk to the bank; this is not a legal matter. It is strictly a financial decision by the bank.
I have a property in NC that was managed by a property manager. The previous tenant had to be evicted, and has a debt of $10,000. I'm no longer working with that property manager, and would like to send the debt for collections. The property manager refuses to disclose with me any personal... View More
answered on Jan 21, 2022
Generally speaking, most of your tenant's information should have been in the eviction file at the courthouse, which is public record. If your tenant was a business then their information should be on the NC secretary of states webpage. I would advise hiring an attorney in the county where the... View More
Removed effective immediately. Handbook states non refundable. But she is refusing services so shouldn’t I be entitled to refund of tuition paid?
answered on Jan 21, 2022
Without seeing the entire contract, I could not speculate on the legality of the non-refundable clause. It will also depend on whether or not the dance studio is alleging that you breached one of their terms. I would advise sitting down with a local attorney and seeing what they think of the case... View More
Had contact to build fence. Made payment. Contractor died. Wife said she would include our claim. Numerous text messages. Finally I called courts. No probate case filed in his county of residence. Inform wife and now she isn’t responding. Can I sue his unfurled estate for my deposit?
answered on Jan 21, 2022
Once 90 days since the death has passed, any interested party can open the estate and apply to be the administrator. However, you will likely have to post a bond, and the wife can claim the first $60,000 in the estate before any creditors get paid. I don't know how much your deposit was, but... View More
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