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The land is in NC but we lived in SC. She didn’t want to sign due to losing her state benefits so no deeds were ever signed before she passed.
answered on Feb 8, 2021
her portion of the propety would pass under SC law, you will have to speak to a SC lawyer to know what happens to it.
Not on deed No will I paid 71,000, 30,000 we paid for do I own the home
answered on Feb 8, 2021
You could file as a creditor to his estate estate, and claim that he was holding it in trust for you, pro-rated to take into account the amount you contributed.
In the divorce decree it states, she will sign over at will. No where in the decree that it states is she entitled to or awarded to the estate. She doesn't live in the country and she's not a citizen of the United States.
answered on Feb 3, 2021
This is a cop-out of an answer, but you would need to speak to local real estate attorney on this issue, as they would need to look at the specific language on the deed and the divorce filings. I'm not sure there is an easy answer with mom being out of the country (her citizenship status... View More 
I have been living in the home since 2009 and my daughter and I took care of them until they passed away my mom passed 11/2015 my dad 12/2015 and I just started receiving disability in the summer of 2016. I have been paying the property taxes but now they are saying I owe more money for... View More
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answered on Feb 2, 2021
The former owner is deceased, so he cannot convey. Hire a competent attorney to search the title, determine heirship, and draft an Affidavit of Heirship to be recorded. That Affidavit becomes your recorded source of title. The taxes sound serious. Taxes are a lien against the land, and might... View More
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answered on Jan 30, 2021
You haven't provided much detail so we really can't provide you with a meaningful answer - especially in a limited forum like this however, a sibling can not change your mother's will - only your mother could do that. Your best bet is to consult with a local wills and estates... View More
Neighbor did not survey property before they bought it. Did not get amount of property they payed for, so they came over on our land the amount of property they payed for and placed marker and called it theirs. They had me arrested on 1/15/2009 for third degree trespassing. Had to hire 2 different... View More
answered on Jan 25, 2021
Without reading the judge's decision, I can not answer this question. I suggest you go back to your lawyer, they can better answer this question.
We bought a house and a few days before closing, we were offered the lot behind the house for an extra price. We bought both and had septic problems a few months later. Found out that our leach field is on that extra lot we bought. I was under the impression that by law the extra lot would have to... View More
answered on Jan 20, 2021
If you had not purchased the lot, then you should have been given an easement over the lot for the leach field. When you purchased the lot, that easement became a moot point. You still purchased rights on that lot that you wouldn't have had even if you got the easement.
We want to be sure land does not get tied up in probate court when she dies.
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answered on Jan 18, 2021
Mother can convey now, but it is remotely possible some creditor could try subject the real property to debts. She can convey to each issue member as tenants in common, possibly subject to her Estate For Life. She should hire a competent NC attorney to search the title and draft/ record the... View More
"This property does not include the primary residence of the Grantor". I was deeded some land with mobile home from my mother. She gave herself a life estate in this deed. As far as I know, she was living in this mobile home. I was wondering why this phrase was included in the... View More
answered on Jan 18, 2021
NC law requires it, it should not change the validity of the deed, however.
Is it legal to lie on the listing? The listing agent claimed they saw someone on the roof one day and assumed it was new. They are offering $1,000 of the $3,500 DD money. The contract has been terminated and they returned the $5,000 earnest monies.
answered on Jan 18, 2021
Your location is listed as PA, but this is posted in NC. If your question is not about an NC property, then most of the lawyers seeing this will not be able to help you properly.
Generally speaking, this can be characterized as false representation, and the courts would make an effort to... View More
answered on Jan 18, 2021
Insurance is a choice unless the land is mortgaged and then it is normally contractually required. As to who may be responsible, this sounds like you do not have a formal lease in place. I highly recommend having the church sign a formal lease and specifying in that lease the parties'... View More
I am receiving Social Security retirement benefits. I have a rental property that nets about $4000.00 per year. If I put this property into an LLC (North Carolina), will I have to pay FICA? Will it affect the benefit I currently receive?
answered on Jan 17, 2021
Once you reach full retirement age, there is no limit on how much you can earn and still receive your Social Security retirement benefits without any reduction.
If you began receiving Social Security retirement benefits before your full retirement age, Social Security will deduct $1 in... View More
answered on Jan 12, 2021
Depends on the ownership interest of each seller, the proceeds are divided between the owners per their respective interest in the property. Look to the deed or will to determine ownership interest if there is none specified then it is equal ownership.
My mother deeded a tract of land to me in 2015, keeping a life estate for herself. She died in 2019. The tract includes a double wide mobile home, valued at $90,000.00. The deed does not mention the mobile home.
MY MOTHER LEFT NO WILL, and the title to the mobile home is lost. The title... View More
answered on Jan 11, 2021
If the mobile home is still titled, and your mothers will left everything 50/50, then yes, your sister owns half the mobile home.
I signed paperwork online but tole my realtor to hold the papers til I could come in and review what I signed and possibly remove a signature or revise what I signed. I also held my earnest money (but was willing to pay) and hold my due diligence until paperwork was reviewed (also willing to pay).... View More
answered on Jan 6, 2021
Since you instructed your realtor not to send the signed papers over, and they did, then you likely have a case against them. I would advise that you speak to a local real estate lawyer, preferably one who also does some civil litigation. They can give you a better idea of your options. I suspect... View More
LLC (real estate, bank deposits) be seized? Or are only assets inside the LLC at risk?
answered on Jan 5, 2021
Generally, this depends on how you have treated your bank accounts. Many owners of LLCs use the LLC account as a personal account as well. If you have done this, it is possible to "pierce the corporate veil" and go after personal assets.
There are other ways to accomplish this as... View More
In 2015, without my knowledge or permission, my mother transferred a tract of land with mobile home to my name. I did not learn of this until late September, 2020, a year after my mother's death. I do not want this land, and do not want to go through the hassles of selling it.
The... View More
answered on Jan 4, 2021
I would personally contact a local realtor and sell the property; this will be the simplest way to get this property out of your name. While you could probably roll back the transfer, it would cost a fair amount and be much more complicated than selling the property.
A third option is to... View More
My mother passed. According to two surveys Her 30+ year old home sits 2-3 feet from property line. Small porch sits 2-3 feet over property line. Watauga County building department says state law calls for a five foot setback. If I acquire the property can I remove the current home and build back... View More
answered on Jan 4, 2021
Without looking at the Watauga County Codes, I can say that you will almost certainly not be allowed to rebuild the house. However, you may be able to claim adverse possession on the area that you thought was owned, but the surveys show was not. Speak to a local real estate lawyer and see what your... View More
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answered on Dec 30, 2020
Land Contracts are Leases with an Option To Purchase. You as a renter own nothing except temporary possession and a possible option to purchase. With no Deed ownership you are subject to a Unlawful Detainer Action at any time. It usually happens just before you are supposed to buy the... View More
my brother, sister and i were left a house in nc by my dad who passed away in nov 2019. my sister had a 1/3 share. my brother bought my sister out. he now owns 2/3 of the house and i own the other 1/3. i'm getting ready to graduate shortly and want to sell my 1/3 of the estate.
my... View More
answered on Dec 29, 2020
You can absolutely force a sale, also your brother has an obligation to you to not damage the house. You have all the rights that your sister had, the fact that he now owns 2/3 has no bearing on your rights. Speak to a local lawyer to see about starting the process for both of these issues.
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