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North Carolina Real Estate Law Questions & Answers
0 Answers | Asked in Real Estate Law and Land Use & Zoning for North Carolina on
Q: i have an easement where my neighbor can use my driveway that goes around to the back of my house to access their barn.

this easement is for personal use only. i have on my ring camera where they use it for his metal business, customers pick up stuff, they get uber deliveries there, the let their friends access it. and they have their own driveway to their house. it states the easement is void if anything is used... View More

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for North Carolina on
Q: My husband wants to remove my name from the deed of our home for his Last Will purposes.

He asked me to meet with his Estate planner regarding the plans for his will. He mentioned on having the deed solely under his name so it wont be hard to divide his estate between me, his kids, grandkids and great grandkids. We've been married for 9 years and we are living in a $600,000k... View More

Anthony M. Avery
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answered on Mar 19, 2024

Hire your own attorney for advice. The titles to all real properties need to be searched. More than likely you will not want convey away your estate in the house.

0 Answers | Asked in Estate Planning, Family Law and Real Estate Law for North Carolina on
Q: My husband wants to remove my name from the deed of our home for his Last Will purposes.

He asked me to meet with his Estate planner regarding the plans for his will. He mentioned on having the deed solely under his name so it wont be hard to divide his estate between me, his kids, grandkids and great grandkids. We've been married for 9 years and we are living in a $600,000k... View More

0 Answers | Asked in Real Estate Law, Land Use & Zoning, Landlord - Tenant and Probate for North Carolina on
Q: PLEASE HELP: i am being sued for "greater than $10k bc my husband & myself moved in a place, turns out it was a lie & we

have documents proving that his cousin Matt Adair told us about this place (said it was his property) we paid him rent in the amount of $250 a month. it is a !br mobile home....very small. it wasnt livable when we first looked at it in febuary 2023 , but with a lot of hard work & will to do it... View More

0 Answers | Asked in Estate Planning, Real Estate Law and Probate for North Carolina on
Q: My dad passed away without a will. I am an only child and parents divorced. How do I get the deed transferred to me?

My dad passed away over a year ago and I’ve been doing the probate myself. I am disabled and cannot drive, which has lead to the extended amount of time to complete. The probate is completed and I did not have to sell his house to close. My question now is how do I get the deed over into my name... View More

0 Answers | Asked in Real Estate Law for North Carolina on
Q: Can walk in a Lawyers office for scheduling?

We won in small claims court and now the landlord make an appeal. In small claims I have represent myself without lawyers. Should I have a lawyer when they made an appeal.? Thanks

Q: Am I covered

I put mobile home under contract with a rent to own buyer with owner financing agreement. Contract states (as is) what you see or don't see is what you get. Buyer calls me and says the electric is not working in the living room & 1 of bedrooms as they were operating during and after Reno... View More

0 Answers | Asked in Real Estate Law for North Carolina on
Q: does a person who buys property surrounding a family cemetery that doesnt mentioned the cemetery own the cemetery.

Was it legal for him to sale the cemetery after he had a deed made for it and that deed doesnt even mention the cemetery.

0 Answers | Asked in Divorce and Real Estate Law for North Carolina on
Q: I inherited a home from my father in 2015 after he passed away my husband and I have been separated and got back togethe

He got a mortgage on the home my credit was not good enough for my name to be on there but I own the home so I had the home that I inherited from my dad and he had the credit for the mortgage we were going to build a house Well we got the money been separated again before building the house, so... View More

1 Answer | Asked in Probate and Real Estate Law for North Carolina on
Q: My father recently died. His wife died a year ago. He never removed her name from the deed. Will her kids be entitled to

the proceeds from the sale of the house?

James L. Arrasmith
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answered on Feb 27, 2024

When a property is co-owned and one of the owners passes away, the distribution of their interest in the property depends on how the deed is titled and the laws of the state in which the property is located. If the deed was held as "joint tenants with right of survivorship," then upon the... View More

0 Answers | Asked in Criminal Law, Estate Planning, Family Law and Real Estate Law for North Carolina on
Q: I’ve asked my lawyer three times to get the paperwork filed for a petition against my stepdad but she’s not done that or

Contacted me back. Her assistance office person said that she was on the phone today and that she would have her call me back. I never heard nothing yesterday on the phone. She knows we’ve had a hard time with lawyers anyways she knows that we’ve been through several and for her to do and... View More

1 Answer | Asked in Real Estate Law, Business Law and Gov & Administrative Law for North Carolina on
Q: If I wanted to dropship manufactured houses that were expandable and are a resident of Nevada, what certs do i need

I want to start dropshipping cheap manufactured homes from chinese websites but I wonder if I need a liscense, LLC, ect to legally operate the buisness. Any insight?

Ben Corcoran
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Ben Corcoran
answered on Feb 12, 2024

You can likely do this as a private individual. However, I would highly recommend forming an LLC to give you some legal cover. You should also have an attorney draft a contract that makes it very clear you are disclaiming as many warranties as possible regarding the condition of the homes. There... View More

1 Answer | Asked in Contracts, Family Law, Real Estate Law and Appeals / Appellate Law for North Carolina on
Q: The judge has made his ruling. Husband has no claims to wife's house. During appeal, can husband file a Lis Pendens?

Ex husband and wife completed a bench trial for a Breach of Contract Suit. The contract was an executed notarized separation and property settlement agreement. In the agreement, wife received the house (was quitclaim deeded to wife and notarized). In exchange, the husband received all the... View More

Ben Corcoran
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Ben Corcoran
answered on Feb 12, 2024

I don't see a reason why not; a sale would likely be held up regardless if the closing attorney is doing their job properly. But a list pendens seems proper here.

1 Answer | Asked in Tax Law and Real Estate Law for North Carolina on
Q: What is the easiest way to determine the value of a property that I gave my daughter, to report on a 709 tax form?

I gave my married daughter a rental property that I owned for 45years…will the IRS accept a real estate market analysis as the value on a 709 form? Can the tax value be used?

James L. Arrasmith
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answered on Feb 5, 2024

When determining the value of a property you gave to your daughter for reporting on a 709 tax form, it's important to follow IRS guidelines accurately. While a real estate market analysis can be a helpful reference, it might not be sufficient on its own.

The IRS typically requires a...
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1 Answer | Asked in Real Estate Law and Estate Planning for North Carolina on
Q: How can I leave my property to my married daughter and if she dies before her husband, have the property go to My sis?

I would like to keep my property in my family. If my daughter dies and the property goes to her husband he could leave it to his family in Australia.

Anthony M. Avery
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answered on Feb 5, 2024

There are several options. You could make a life estate/remainder deed to your daughter for life, then to someone else at her death. Deeds take effect now with no probate involvement. Contact a competent NC attorney to search the title and execute a transfer to suit you.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for North Carolina on
Q: If 2 people live in the same house and are both equal owners of the house, can one of them cut off sections of the house

If 2 people live in the same house and are both equal owners of the house, can one of them cut off sections of the house so the other cant access that part of the house?

T. Augustus Claus
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answered on Feb 1, 2024

In North Carolina, if two individuals co-own a house as equal owners, typically neither party has the unilateral right to restrict access to specific sections of the property without the consent of the other owner. Co-ownership typically entails both parties sharing equal rights to access and use... View More

1 Answer | Asked in Real Estate Law, Civil Litigation and Probate for North Carolina on
Q: If u and ur sister inherite a house she living in it I'm not can I move in it or can I make her leave it's her and 3 kid

It's her and her oldest kids that think everything is theirs

Nina Whitehurst
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answered on Jan 28, 2024

If you are now a co-owner you do have the right to live in the house. If you cannot cohabit with your sister peacefully then you have the right to petition a court to force the sale of the house and split the proceeds. That threat might be enough to convince her to buy you out because litigation... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for North Carolina on
Q: Why would my stepsister send me and my siblings a personal property exemption form ....keep all his personal stuff

My father passed in 2021& his wife last year . My siblings and I Were not even notified of my father's passing until he was buried and gone even his brother wasn't notified.im afraid she is up to something

Ethan A. Trice
Ethan A. Trice
answered on Jan 31, 2024

There are a couple forms she could be trying to get you to sign. It sounds like she's trying to get you to waive your inheritance rights. If your father's wife never adopted you and never made a will, realistically the stepsister gets her property. Why she's trying to get you to... View More

1 Answer | Asked in Real Estate Law for North Carolina on
Q: House for mother prior to her dad I had lots of survivorship does a lifetime trust deed still apply after her death or d

The last time the trust was to my sister but I had so I had rights to survivorship when she passed does her lifetime trust still stand

Anthony M. Avery
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answered on Jan 26, 2024

Your question makes no sense.. You will need to either resubmit it or consult with a NC attorney. A title search will be in order.

1 Answer | Asked in Real Estate Law and Tax Law for North Carolina on
Q: Is it illegal for my neighbor to use my mailing address to recieve mail from the tax administration?

I was recently sent mail from my county's tax administration in North Carolina which had the names from my neighbor's that lived across the street. I never gave them permission to use my mailing address.

James L. Arrasmith
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answered on Jan 23, 2024

Yes, it is generally illegal for someone to use another person's mailing address to receive mail from the tax administration or other entities without their consent. A few key points on this issue:

- Federal law prohibits falsely representing one's identity or address in matters...
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