the proceeds from the sale of the house?
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
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?
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
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?
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... View More
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.
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?
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
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
It's her and her oldest kids that think everything is theirs
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
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.
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.
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?
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
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
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
Looking to buy my husbands grandmas house, she may eventually need to go into assisted living due to dementia
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
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 Sep 18, 2023
Addressing ineffective HOA management companies and incompetent HOA boards in North Carolina involves a systematic approach. Begin by thoroughly reviewing the HOA's governing documents to understand the roles and responsibilities of the board and management company. Attend meetings to voice... View More
He left. I've filed for divorce and he's aware. He Kept asking me to move or sell, I said no. Someone told me my house just sold per Redfin. I checked and owner changed.
answered on Sep 6, 2023
If you are actually an owner, then confirm it by searching the title. You may have to sue any new grantees. Husband's alienation of marital property should be brought up in the Divorce, possibly as grounds for contempt. Someone has to pay taxes and any note debt.
answered on Aug 29, 2023
Do you have a Note and a recorded Deed of Trust? If you do, hire a NC attorney to accelerate the note and foreclose. If not, all you might do is sue for the note balance, then possibly collect against the land. Either way hire a NC attorney as you will get nowhere by yourself.
answered on Aug 25, 2023
If there are 3 owners then 1 cannot convey the fee but only his interest. Hire a SC attorney to search the title, determine ownership, and draft an enforceable deed.
He refused to sell or refinance the house at the time of the divorce. Now his plan is to stop paying the mortgage but continue to live in the house for a few months then move to another state. Is there anything I can do in this situation?
answered on Aug 21, 2023
In North Carolina, if your ex-husband plans to stop paying the mortgage on your jointly owned house and subsequently move, there are several actions to consider. Begin by reviewing your divorce agreement for any relevant clauses. Consulting a North Carolina attorney skilled in property and family... View More
HOA members make decisions behind closed doors on what is allowed within the community, such as building. Do members have the right to view documents associated with these decisions?
answered on Aug 11, 2023
In North Carolina, homeowners association (HOA) members typically have the right to access certain documents related to the actions and decisions of the HOA and its committees. The North Carolina Planned Community Act and Condominium Act generally require HOAs to provide access to various records... View More
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