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My father and uncle are the sole survivors of my grandparents' estate. My uncle continued to live in the home after my grandparents passed away, but he died a couple of years ago. Since my husband's death, I have been residing in the home. My father said he wants to quitclaim deed the... View More 
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answered on Mar 17, 2025
Hire a NC attorney to search the title, determine heirship and draft a Deed from the heirs over to you individually.
My husband owns a property in North Carolina where his step-dad holds a life estate. When my husband's mother passed away, his step-dad took over the house and allowed a friend to live there rent-free for years. The house has now been vacant for over a year, and it's falling into... View More
My siblings and I are selling my mother's house in North Carolina, and we plan to split the proceeds. Will any money I receive be withheld to pay my personal debts, such as a car repossession and a loan that appear on my credit report?
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answered on Mar 13, 2025
There is a good chance that your share will be used to payoff any judgment liens against your interest of record. Then you covey free and clear of encumbrances which is a covenant of title.
I bought a home in North Carolina two years ago, and the previous owner assured us there were no issues with the septic tank. However, upon selling the home, the new buyers' inspection revealed major septic system issues. We did not have a septic inspection during our purchase because our... View More
I want to start an RV park on land that I acquired upon the death of the holder of a life estate. The land currently has no structures on it. However, someone has recently destroyed about 2 acres of it without my permission. I have photographs documenting the damage and I know who is responsible.... View More
I was injured on a private property and had to undergo surgery. I hired a lawyer and obtained a judgment in my favor in early September 2024. Shortly after, the property was sold at the end of September 2024. We filed a writ of execution and attached the owner's bank account, but the funds... View More
answered on Feb 25, 2025
Your lawyer (or another lawyer if yours is not interested in pursuing the matter) needs to pursue "Supplemental Proceedings In Aid of Execution" and have the owner of the company set up for questioning about the extent and location of assets, any pending sales, income, and so forth. These... View More
I have lived in my current home for over a year, and my neighbors have recently claimed that my driveway is entirely on their property, based on a survey they conducted. They have not shared the survey details with me. The driveway has been in place and used by the previous owner of my home for... View More
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answered on Feb 24, 2025
You might own a prescriptive use easement. But it will take a declaratory judgment action in Court to enter such an order. It might be easier to hire a NC lawyer to offer a purchase of a joint easement with recordation against both adjacent properties than litigate.
I am obligated to pay for closing costs when my ex-wife and I sell our home outside the country. She claims I should pay for her power of attorney because she won't fly in to sign at closing. I believe this responsibility is hers and not part of closing costs. Our agreement only states I must... View More
I recently purchased a house in North Carolina about nine months ago, and I've discovered that there are additions to the house that were not disclosed. These additions have foundation issues, lack crawl space access, and I’m unsure if they are permitted. I have not spoken to the seller or... View More
I recently discovered that my great-grandparents had patents, trademarks, and owned over 160 acres of land across 31 states, as per wills, pensions, probate, and land records I have. The inheritance documents state that these assets should be left to all heirs to have and to hold together forever.... View More
The property was inherited from their parents.
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answered on Feb 2, 2025
You will need to hire a NC attorney to search the title and determine ownership. You might own it in fee or only be an heir.
Real Estate Partnership formed to own and manage our medical building. I moved to another state, but did not require immediate re-fi to buy me out…We have just completed a very favorable mortgage and fixed rate LOC package 6 months earlier. I never, ever thought they would behave in such a way as... View More
answered on Jan 31, 2025
Michael, I recommend you hire an attorney. This is a very complex and serious matter. This forum is for general questions.
answered on Jan 29, 2025
If she has no will, when she dies $120K will to to him plus 1/3 of the remainder. The other remainder to her children. If she has a will, then it will be followed, but a spouse cannot be disinherited under NC law unless a Spousal Waiver has been entered into. In that case, the spousal right depends... View More
My grandmother passed away and had a notarized will leaving everything to me. My grandfather is in a nursing home and is aware of the will and the reasoning behind it. He agreed to deed the house to me, we had the same notary come to the nursing home with all necessary paperwork and he signed. The... View More
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answered on Dec 30, 2024
There may be grounds to set aside the Deed but you probably will not know until sued. Was GM's Will probated? If not, it means nothing. Hire a NC to search the title and determine the present estate, which will be scrutinized if you are sued. Do not hire notaries to draft deeds.
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answered on Dec 16, 2024
That will be a property tort action. You will need an attorney and some type of expert witness as to causation and damages. It will be expensive and difficult. Be certain of your tortious defendant, or at least sue all interested parties.
answered on Dec 3, 2024
What are you asking? I'd contact the closing attorney and find out what is going on.
I am looking to make an offer on a house in Alamance County, NC. The house has a sizable addition that is only half built. That is, the addition still needs all the finishing work completed, i.e., insulation, drywall, flooring, trim, painting, and HVAC including duct work.
I am... View More
answered on Nov 26, 2024
1. You would become liable for any resulting injuries or harm due to the code violations, and the work done without a permit. Further, you may be subject to inspection and requirement to correct by the governing bodies.
2. It may be difficult to sell the house. Your liabilities may extend... View More
My father died without a will and his wife(StepMom) passed 3 years later. The Deed states that it was Joint Tenancy with Rights of Survivorship.
answered on Nov 18, 2024
When property is purchased by a married couple in NC, it is assumed they own it as Tenants by the Entirety. Based on your representations, it would appear that when your father died, the property would pass to his surviving wife. When she died, it would go to her heirs, and you would not inherit.
We no longer wish to continue paying the annual maintenance fee and membership dues. Time share cancellation companies cost too much to bother with. Can we simply stop paying the annual fee and dues without serious legal ramifications? Please advise ASAP? Thank you.
answered on Dec 3, 2024
My assumption is that the contract that you have entered into is valid. Review the document to see if there are any cancellation provisions. If so, that may give you a way out or some severance agreement/process. Call the company and see if they have a way out. If not, you are bound to the... View More
One child is still living. One child is now deceased with one heir. The other child is deceased with 3 heirs. How is the property ownership allocated today?
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answered on Nov 15, 2024
3/6, 1/6, 1/6, 1/6 If GF had a surviving spouse, then heirship will be different.
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