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Questions Answered by Rachel Lea Hunter
1 Answer | Asked in Divorce for North Carolina on
Q: If divorce papers were created in Georgia but we moved to NC 10 months ago, can we still get divorced in Georgia?

Doesn't North Carolina have a 1 year waiting period? I do not think GA does and would rather file in Georgia and have this divorce done quickly. We both live in an apartment and do not own a home in NC. However, our car tags expired and we did get NC licenses and tags for our cars.

Rachel Lea Hunter
Rachel Lea Hunter
answered on May 9, 2014

NO. GA has a 90-day waiting period once you file for divorce. NC requires you and your spouse to live separate and apart for one year. Have you been separated from your spouse for one year or more? If the answer is yes, then you can file for a divorce now.

Neither you nor your spouse...
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1 Answer | Asked in Real Estate Law for North Carolina on
Q: I am on the mortgage and deed for a home here in NC but am not married to this man. What happens if he wants out?

I want to remain in the house. What rights do I have?

Rachel Lea Hunter
Rachel Lea Hunter
answered on May 9, 2014

Who else is on the mortgage and deed?

I don't understand your question. If man decides to call off the relationship and moves out, then can you afford the property on your own? If the answer is yes, you keep paying the mortgage because your name is on it if you still want to live...
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1 Answer | Asked in Divorce for North Carolina on
Q: If divorce papers were created in georgia but not signed and we moved to North Carolina, can we still file in georgia?
Rachel Lea Hunter
Rachel Lea Hunter
answered on May 9, 2014

How long have you lived in NC? If the answer is 6 months or more, then you can file in NC. I don't know what these "papers" are. If this is just a marital settlement agreement and its signed by both and notarized its valid, but you would need the NC divorce papers.

If you...
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2 Answers | Asked in Probate for North Carolina on
Q: Do we need a probate lawyer if there was no will,but everyone agrees we get the personal property? We live in NC.

Husband and I lived with his dad for several years. He has bought things through the years that he says is for us (our household.) Example: dishes,furniture,computer,outdoor tools,his car...mainly stuff to run our home. He stated several times these things were for us as the other siblings could... View More

Rachel Lea Hunter
Rachel Lea Hunter
answered on May 9, 2014

It depends. Did the father-in-law make gifts to you and your husband during his lifetime of dishes, furniture and so on? It does not matter who paid for it but whether the property was given to you or not. If the father-in-law has bought things and given them to you for use, then a gift is a... View More

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2 Answers | Asked in Real Estate Law for North Carolina on
Q: If Property was not brought into a Divorce, and Husband lives there til Death, does it still go to me?

I am still listed on the Property at the tax office. As far as I can tell, no will has been done on his part. The lady at the tax office told me a Will might override me having the property if he passed. What do I need to do? His health is failing, and I am afraid it will fall into the wrong hands.... View More

Rachel Lea Hunter
Rachel Lea Hunter
answered on May 9, 2014

Question does not make sense as phrased. Since you have the deed, there should be two columns under the headings of grantor on the left and grantee on the right. The grantee is the person who has title to the property. Whatever the tax office has is irrelevant for ownership of land purposes.... View More

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1 Answer | Asked in Real Estate Law for North Carolina on
Q: Can i sue a person that I purchased land from? It was sold to me as one parcel, I had it surveyed because I wanted to

Put a home on the land, the surveyer said one piece of land was not included in the deed. Now we can't put a home on the land

Rachel Lea Hunter
Rachel Lea Hunter
answered on Apr 26, 2014

See a real estate lawyer now. I have not seen the deed but there sounds like there is a big big problem. The real estate lawyer who did the closing would be most familiar with this.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Does the seller of a house have to legally disclose to you that there is a unresolved road maintenance issue?
Rachel Lea Hunter
Rachel Lea Hunter
answered on Apr 26, 2014

How does the road issue relate to the house/property being sold? Is this a private road or a public road? And what exactly do you mean by an "unresolved road maintenance issue?"

There is a residential real property disclosure form - these are the minimum required...
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2 Answers | Asked in Real Estate Law for North Carolina on
Q: Can you sale a mobile park without letting tenants know that is for sale it is sold,
Rachel Lea Hunter
Rachel Lea Hunter
answered on Apr 26, 2014

The tenants of the mobile home park usually get notified after the sale occurs so that they can remit their lot rent to the new owner. Why would the tenants need to know before the sale and why is it any of their concern? The new mobile home park owner has to honor any existing leases.

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1 Answer | Asked in Real Estate Law for North Carolina on
Q: Who pays the home buyer's agent's commission? In this case the seller has no agent.
Rachel Lea Hunter
Rachel Lea Hunter
answered on Apr 26, 2014

Depends on how you want to look at it but the commissions are paid out of the sale proceeds. In essence they get paid by the buyer and the seller walks away with a little less.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: My landlord is selling the house i live in. Does the realtors have to give me 24 hours notice before a showing?
Rachel Lea Hunter
Rachel Lea Hunter
answered on Apr 26, 2014

What does your lease say? You have a right to quiet enjoyment of the property but the landlord can show it. Generally 24 hours notice is required unless some other time is agreed on.

2 Answers | Asked in Real Estate Law for North Carolina on
Q: Can i escape a real estate contract if the home inspection noted a structural flaw? What are the rules?

We signed a contract with a builder for an inventory home (new and never lived in); however our home inspection noted a structural flaw with the roof and flashing that cause water to leak down a wall. Concerned about this, we would like to know our options if we wanted to pull out of the deal.... View More

Rachel Lea Hunter
Rachel Lea Hunter
answered on Apr 26, 2014

What does the contract say? Is it contingent on you doing an inspection and the repairs of any problems exceeding a certain amount?

Although new and never lived in homes should not have structural flaws. Have you discussed this with the seller/builder? The time to get him to fix these...
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1 Answer | Asked in Real Estate Law for North Carolina on
Q: If a person is countersued over a property dispute ,how long does that person have to respond?
Rachel Lea Hunter
Rachel Lea Hunter
answered on Apr 26, 2014

If you are sued, you have 30 days to respond. If you are the person suing and counter-claims are raised in an answer then you have 30 days to respond to the counterclaims.

This begs the question of why you are worried about it. Its for your lawyer. If you do not have a lawyer then you need one.

1 Answer | Asked in Foreclosure for North Carolina on
Q: I owe $102,000 if the morgage co. sales my home for $80,000 do they hold me accountable for he difference?

Am I held responsible for the balance of what is owed on my home if it sales for less then what is owed? example; I owe $102,000 if they sale it for 85,000 do I owe the difference?

Rachel Lea Hunter
Rachel Lea Hunter
answered on Apr 26, 2014

It depends. Was the mortgage through a traditional bank or third-party or did the seller provide financing? If the latter, then no, you do not owe a deficiency. If this was through a regular third-party lender, then you do owe a deficiency but that does not mean that a bank will seek a... View More

1 Answer | Asked in Estate Planning for North Carolina on
Q: My Grandmother signed house & land to me 6 yrs ago. She has lifetime rights (thru attorney) No will. She gave me....

Durable power of attorney & signed a document as to who will inherit her car. Do I need to have these 2 recorded at courthouse?

Rachel Lea Hunter
Rachel Lea Hunter
answered on Apr 26, 2014

What all does your grandmother own?

If the house was deeded over to you with a life estate (check the real estate records to make sure) that is ok.

Was the durable power of attorney drafted by an attorney? Read the power of attorney. If it was properly drafted, you may not have to...
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1 Answer | Asked in Elder Law for North Carolina on
Q: Can my mother give her house to one of her children when she comes out of the nursing home?

My mother is on medicade and medicare and is in the nursing home for rehab. she is getting out dec. we don't won't her to loose her house to keep the state from getting it.

Rachel Lea Hunter
Rachel Lea Hunter
answered on Apr 26, 2014

Nope. Medicaid by law is mandated to seek recovery from your mother's estate when she dies. If she gives the house away now then she will not be eligible for Medicaid.

The time for planning was long ago before your mother started receiving Medicaid. However, your mother should see an...
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1 Answer | Asked in Consumer Law for North Carolina on
Q: If I have a personal unsecured loan with a Bank. For any reason if I lose my job and cannot repay the loan can the Bank

File a lien against my residence or land I own free and clear or would the Bank file a judgement against me which would follow me, so if I sold a property or my residence the Bank get paid first?

Rachel Lea Hunter
Rachel Lea Hunter
answered on Apr 26, 2014

Banks do not file liens. If you owe money to the bank and don't pay the bank may turn over the debt to a debt collector. Eventually, the bank may sue you and if they do, they will probably recover a judgment unless you have some sort of valid defense. If and when that happens, then the... View More

1 Answer | Asked in Probate for Georgia on
Q: WHAT DOES BALANCE REVOKED STATE SYSTEM MEAN IN THE STATE OF GEORGIA
Rachel Lea Hunter
Rachel Lea Hunter
answered on Apr 25, 2014

I don't know because you provide no details. This does not sound like a probate issue though.

Balance of what? This sounds like it relates to something criminal - either a sentence or probation or maybe bail. Revoked means whatever happened before is gone and something else is in its...
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1 Answer | Asked in Probate for Georgia on
Q: Father's will in GA stated no acct, no returns to any court. 2 years later very little info from executor. What can I do

All 4 beneficiaries agreed to executor and will. Had no reason to believe executor who is a beneficiary would not share information and make all decisions. He has been asked many times and refuses to share info. What can I do independently to force him to share. I would rather not force... View More

Rachel Lea Hunter
Rachel Lea Hunter
answered on Apr 25, 2014

See the Georgia statute below (assuming the estate is pending in Georgia). There is no requirement that an executor share information the executor's job is to figure out what the deceased owned and owed, pay the debts and distribute what is left to the beneficiaries.

I don't...
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1 Answer | Asked in Probate for Georgia on
Q: In a plea bargaining/agreement can you ask for diversion?
Rachel Lea Hunter
Rachel Lea Hunter
answered on Apr 25, 2014

Probate deals with estates of dead people. You mean probation which is a criminal law issue. You should direct this question to your criminal law attorney.

You post no details and I don't want to know them because you may incriminate yourself and you don't want to post...
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1 Answer | Asked in Consumer Law for Pennsylvania on
Q: If your child is 17 can the custodial parent file a petition for support?
Rachel Lea Hunter
Rachel Lea Hunter
answered on Apr 25, 2014

Yes, child support continues until the child is 18 or graduates high school whichever is later. So a petition for support can be filed at any time before the duty to pay support would be at an end.

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