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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.
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.
Background
I live in Canterfield Estates, Harrisburg, NC (Cabarrus County) and recently sought approval from the HOA to operate a licensed in-home daycare for a small group of children. We provided the HOA with a zoning permit from the Town of Harrisburg, which allows this use for... View More 
My son and daughter in law have since proven not stable and are desperate now to make me sell etc and take my home and money it seems lately. Would a judge rule in my favor if he is a threat to my situation as an elder?
My fiance got a better interest rate on the land so he got the loan. I have paid every payment on the land but when we got married the mortgage bank refused to put my name on the deed. Is there a way I can get my name on the deed. it is just land no house.
We have proof that we paid our contractor for the services.
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answered on Oct 8, 2024
If the summary judgment has already been entered, you must immediately hire a NC attorney to file a Rule 59 Motion, or some other Motions, to try to keep the house. Claiming exemptions or filing bankruptcy may be necessary.
Can we claim rights to part of property we have kept up if in fact it is on her land? Can we sue for cost of having to take house off market?
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answered on Oct 2, 2024
Hire a NC attorney to search both titles. Hire Surveyor to give his opinion of boundary line corners. Then you may need to file a Boundary Dispute action unless you and the other landowner can agree to a recorded boundary agreement. It does not sound like damages can be sought.
Hi, i bought a new house from a builder, after 2 months we noticed there was a leak in the kitchen with no visible signs from day one, which caused significant damage to the home( upto the floor joist, sub floor with mold all over ) so while they were fixing we moved out and rented a temp... View More
answered on Oct 16, 2024
A North Carolina attorney could advise best, but your question remains open for almost a month. It could depend on what the warranty outlines in its protections and remedies, and an impartial opinion as to the hazard presented by the water damage. An option that might be worth exploring is whether... View More
are no will or papers for the land in Yauco, P.R however, there is only a document signed by lawyer with my moms signature on it. My mother currently lives in NYC. Can she still claim the land as the only heir?
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answered on Sep 24, 2024
You will need to hire a PR attorney. Start checking with those here on Justia.
I am 13 and looking to get into real estate to make a steady income but don't know we're to start or if I can get into investing in property's right now or if I have to wait.
answered on Sep 21, 2024
There is no age requirement for owning property in NC. To enter a binding contract to purchase or sell property, the minimum age requirement is 18. Similarly, banks require you to be 18 to sign a mortgage, again, because it is a contract.
He was originally from North Carolina but had to come to MD when my grandmother became ill and remained here in MD until his death. He was in a nursing home in MD at the time of his death and owned no property here. I was told to open and close an estate in MD. Now I need to have my name placed on... View More
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answered on Sep 4, 2024
You need a MD attorney to determine heirship and prepare an Affidavit of Heirship, if he lived any MD more than a month or so. Then get a NC attorney to record the Affidavit (or do it yourself properly) to show the world you are the sole heir and owner. Taxes need to be paid in your name. If... View More
He has made a drain field (capital improvement (?)) in the area that would be on my property if the fence was moved. The fence has been in the wrong place for 15 years (at least).
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answered on Aug 30, 2024
Unfortunately you have probably acquiesced to the ascertainable boundary line. You can sue for ejectment, boundary dispute, trespass, etc., but the defendant may prevail. You will need a surveyor as your witness.
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answered on Aug 29, 2024
Hello and thanks for your question. The duration of a partition action in North Carolina can vary based on several procedural steps and statutory requirements. Initially, if the court determines that the petitioner is entitled to relief, it will appoint three disinterested commissioners who must... View More
I purchased a home 1990. Granted my mother life rights 1992.
The specific wording on the North Carolina Warranty Deed is:
“GRANTORS convey to GRANTEE a Life Estate in the tract herein described.”
There are no liens on the property and no disputes.
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answered on Aug 21, 2024
You as the remainderman will probably be alright. But if the Government wants to lease it for the rest of her life, it is possible you will be out of possession for awhile. If so, you will have to sue for possession, ejectment, etc. at her death. Hire a NC attorney to consult with, but there... View More
I have lived in in the house for 11 years, six of those caretaking my mother who had dementia before she passed.
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answered on Jun 18, 2024
Hire a competent NC attorney to search the title, determine heirship, and draft an Affidavit of Heirship to record. The heirs are tenants in common and each have a right of possession.
Me and my ex girlfriend bought a house together bout 4 years ago. We split up after 4 months. I'm the only one on mortgage and we're both on the deed. I have been paying all the bills including property tax. I have completely remodeled the house and looking to make money on it but I was... View More
answered on Jun 13, 2024
You have a very strong case and it would be worth paying a lawyer to get a judgment against her interest in the house before selling. But it would be simplest to get a signed agreement from her that she will only take a lesser amount.
Also one of them comes on to my property to attack my dogs threw my fence, which is 25 feet from my property line. I've talked to them and nothing has changed and the police haven't done anything also..Is there a way to sue them or the homeowners to put up a fence at the property line?
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answered on Jun 21, 2024
I understand you're dealing with a frustrating situation with your neighbors' dogs. Let me break down the legal aspects of your question:
1. Barking dogs:
Excessive dog barking can often be considered a nuisance under local noise ordinances. Since you've already... View More
area in which we have our home rented. The home is in NC. Our rental agreement states that the early termination fee is their monthly fee for an early termination with legal cause. Is orders on our end as the owners legal cause? Our PM is insisting we need to offer monetary incentives as well.
answered on May 29, 2024
I would have to read your contract to give a definitive answer, but likely not. The PM is probably correct in their advice to you.
It was mind brother trying to take mom got all timer and brother making decisions for her
answered on May 20, 2024
Your brother can only sell what he owns, so if someone is willing to buy his interest, he can sell it, but he cannot sell your portion. Since he is a part owner, your brother can get a court-ordered sale in which the whole property would be sold. You need to speak with a local attorney for further... View More
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