Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 31, 2022

It sounds like the Life Tenant's Estate has terminated. A recorded Affidavit of Heirship would help establish your Title, but it must be recited in the Derivation of Title Clause. Hire a competent NC attorney to draft the Deed, etc.

There are some facts missing from your description. Were foreclosure notices posted on the door and/or received in the mail? Did you attend the hearings and let the Clerk know you had an HAF application pending? Typically, the Clerk will grant an continuance of a foreclosure hearing if he/she knew... View More

Short answer, yes. For the longer answer, the DoR has to complete a couple of steps to attach them, but once those steps have been completed, the liens attach. Consult a local attorney to see if the lien has been attached.

Unless the house is specifically mentioned in the will that it is to become part of the estate it does not automatically become part of the estate. The executor of the estate will likely have to join in the sale to release any potential interest the estate has but you should do everything in your... View More

Depends on the ownership type, but highly likely that it would pass to your children. There are two types of ownership that the land could be under the most common are tenants in common and under that, your kids would inherit. The second is joint with the right of survivorship and in that, your... View More

When your step-mother passed, this cabin went to the heirs automatically. I do not know FL estate laws, but in this case, NC laws govern the transfer of the cabin. A certified copy of the will and some other documents have to be filed in the county where the cabin is located, and from there, the... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 25, 2022

If there is no Probated Will then you are not the Executor. You are probably the Administrator and I would advise the purchaser to require the Deed to be executed by all Heirs (who actually own the real property).

If there is no will, anyone can apply to be an Administrator; there is only an Executor if there is a will. But the son will be notified and can object to it.

Without research into your local ordinances and codes, I can't answer whether or not a fence is required. But I would be surprised if it was. However, failure to keep the dogs on their property would likely be considered a trespass and could be punished under criminal or civil sanctions.

Did your father leave a will or not? You need to go open an estate for your father if one has not already been opened. If the deed was only in your father's name, the house passes to whomever he left it to in his will, or if there was no will, it passes to his heirs. If there is no will and... View More

A bond for this small of an estate would be pretty small, additionally, if you are on good terms with your family they can waive the bond. This may be the best way to handle the matter as it will be quicker. Alternatively, you can apply for an abandoned title. Most scrapyards require you to show... View More

Without seeing your lease, I cannot say whether or not your landlord is allowed to terminate your lease. Retain an attorney to review the lease and advise you on your options.

Without reviewing the documents I cannot give a definitive answer, but as a general rule, a claim against only one party is ineffective against TBE in NC.

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 28, 2022

Have a NC attorney draft a Deed from her to you and her as Tenants In Common. Not marital property without marriage.

It sounds like both your stepfather and stepfather's mother are deceased. If so, then the land is likely now owned solely by your mother, and she has the authority to convey the land as she sees fit.

Without reviewing the deed and seeing documentation regarding the status of all... View More

Without reading your lease specifically I can not answer your question, it is not within the 30-day window but given that your lease actually expires there may be an exception in the lease.

The only way to clear the issue is to contact the original lienholder or the collection agency and see if they are willing to release the lien. If they are not, the closing attorney will have to attempt to get a title insurance company to insure over the issue.

Without reviewing the contract I can not tell you who is responsible, take all the documents to a local attorney and have them give you their opinion on the matter.

My advice is to make a lease from you to your LLC specifically allowing subleasing and then lease the property under your LLC. This keeps the layer of formality between you and your LLC to reduce your legal liability.

Without more information, I cannot give a definitive answer, but unless you had actual knowledge that the lawsuit was imminent you are likely okay.