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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.
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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.
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?
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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 
It's her and her oldest kids that think everything is theirs
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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
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
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
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
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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.
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.
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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... View More
Can a county tax office go back and backdate taxes 3 years later? There was a senior citizens exemption on the account, she passed at the end of 2020. they were informed. They wait until 2023 to go back and remove the exemption causing taxes to double.
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answered on Jan 22, 2024
In North Carolina, county tax offices have the authority to reassess property tax exemptions and make adjustments, even retroactively, if they determine that the conditions for the exemption no longer apply. In the case you described, where a senior citizen's exemption was in place and the... View More
I'm selling my house in AZ and plan on moving to North Carolina, within an hour drive of Charlotte. If I buy a house on 6 acres can I build other houses on the land and rent them out?
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answered on Jan 12, 2024
The ability to add additional properties on a 6-acre parcel and rent them out depends on the specific zoning regulations and land use restrictions imposed by the local jurisdiction in North Carolina. Zoning laws vary between municipalities, and they dictate how land can be used, including whether... View More
North Carolina Planned Community. Final plat is recorded with tennis courts (currently not built). There was a quitclaim transfer and assignment of Declarant rights (to several limited liability companies, around 7). Are new Declarants responsible/liable to build amenities recorded on initial... View More
answered on Jan 10, 2024
Based solely on the plat, it is unlikely, but there may be other contracts that the business signed that would require it.
I am from CA and am investing in rental property in North Carolina. We have a living trust established few years back and to which our existing home was added. I was told to add any future property (in CA or out of state) to the trust. As I purchase this new property, is it better to assign the... View More
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answered on Jan 3, 2024
It is doubtful that the lender will take a deed of trust and note with only the trustee's name and signature. They will want the trustee to sign individually. And this is at closing. If transferred to the trust later, it might violate a due on sales clause, but will definitely still... View More
The widow or kids name are not mentioned in the deed by name. The widow has been living in the house on the property since sister passed. The deed doesn’t say a life estate was left to widow. There was no will either.
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answered on Dec 26, 2023
Obviously the deceased Sister's heirs at law will take as tenants in common.. Hire a competent NC attorney to determine heirship and possibly file an Affidavit of Heirship.
Entitled to any of the land
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answered on Dec 26, 2023
The Father's heirs will still take unless there is a probated Will. Father's heirs will include all issue as tenants in common.
City is selling property, I'm buying. What are the limits on what I can ask for?
answered on Dec 22, 2023
You can ask for anything but will all but certainly get nothing.
Looking to buy my husbands grandmas house, she may eventually need to go into assisted living due to dementia
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answered on Dec 12, 2023
In North Carolina, a nursing home itself typically does not have the authority to "take" a family member's house. However, if your husband's grandmother eventually requires Medicaid to pay for her long-term care, there could be implications for her estate, including her house.... View More
My wife and I divorced 8 years ago and my name is still on the house mortgage that her and her husband of 5 years lives in. I gave her the house and have not lived there for 10 years.
answered on Oct 30, 2023
Your divorce proceedings should have included an agreement for her to refinance the property, but they may not have. If they didn't you can request the bank remove you but they will likely refuse to do so.
A property owner owns a house in severalty prior to marriage. After marriage, the owner's new spouse moves into the house and pays half of the mortgage payment monthly. The ownership structure is now what?
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answered on Oct 27, 2023
Paying a secured debt does not gain title of the collateral. Hire a NC attorney to search the title and determine ownership.
I wanted to know if a single person owns their own home and a year or two later, they meet someone and get married. Are they considered tenants in common or tenants by the entirety?
answered on Oct 23, 2023
The person who owned the home prior to the marriage still is the sole owner, however, the spouse gains the right to claim a life estate on the house should the owner die.
Prior to marriage I did not sign free trader agreement or prenuptial agreement. The sell of the house took place in 2020 was undisclosed to me during that time. We are now divorced as of April 2023.
answered on Oct 19, 2023
All that you would have been signing away was your right to claim a life estate on the property in the event of his passing. That right was extinguished upon divorce.
I cannot speak to the laws of other states regarding marital property but the money he made from the sale might have become... View More
our primary residence siting "mailboxes are a significant cost to the HOA" Now I cant receive my mail. Is this legal?
answered on Oct 5, 2023
Unfortunately it is not possible to answer this question in an online forum like this with certainty. An attorney would have to review the covenants and rules of your HOA, which you agreed to be bound by when you purchased the home. We cannot review documents through an online forum. My general... View More
answered on Oct 2, 2023
You can request that the bank remove the spouse but it will probably not happen until after the ownership is transferred into your name.
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