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My husband passed away in 2018 in Colorado. He had a will that was prepared in Colorado that I have not submitted for probate. Now I’m ready to sell the house in NC. Do I have to probate the will first, or is his will sufficient?
answered on Sep 4, 2018
It depends on how you and your late husband owned the house. If you held title as, for example, "A and B, husband and wife, as joint tenants with right of survivorship and not as tenants in common", you will not have to probate your husband's Will just to sell that property. The... View More 
She has tried to buy back her property and he has refused, does she have any rights to get her property back
. She lives in harnett county.
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answered on Aug 29, 2018
She has a lifetime of rights. Anything more than that, she apparently sold and is no longer hers to get back.
My Grandmother inherited some land many years ago. She gave the land to my father (never wanted his name on the deed) and now both of them have decided to pass it to me. I would like to be listed on the deed as a CoOwner.
answered on Jul 3, 2018
If your father was never added to the deed and your grandmother did not give your father an interest in real estate. Therefore, only your grandmother can convey an interest in the real estate to you.
answered on Jun 3, 2018
You do not need a lawyer to prepare the deed, or to record it, if you competently know how to do it yourself.
My grandmother owns property downtown, but passed away. She told me that after I finish school, she would give me the lease and do whatever I seem fit with it, but currently someone is leasing the property. She passed before she could put it in writing and one of her kids might want to take over... View More
answered on May 31, 2018
Chances are pretty slim that you'll be able to do anything about it. In North Carolina, conveyances of real property have to be in writing in order to be effective, with some limited exceptions. To get a definitive answer this question you should contact a lawyer with experience in real... View More
can she sell it without my permission we are in NC
answered on Apr 19, 2018
First, let me state that you should absolutely consult a competent and experienced real estate attorney in order to get certainty on this matter surrounding your particular deed and circumstances. My recollection from law school is that generally someone with a joint tenancy with rights of... View More
answered on Apr 15, 2018
Either Co-Owner can force a sale of the property by means of bringing an Action in Partition.
I have renter's insurance bundled with my auto insurance policy. I informed the property company of this and they requested that I add them to the policy as a condition to removing the fee
Ex wife's aunt and uncle passed on with no will or children. They have custody papers for my ex as they raised her. But they never adopted her. After she left I continued to live on the property for nearly 2 years until they passed away. It's been 1 year since both passed and I still live... View More
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answered on Mar 26, 2018
Likely not - you need to talk to a local property law attorney ASAP.
I own one-third of property with brother owning one-third. Final third is owned by 7 of our mother's grandchildren.
answered on Mar 20, 2018
You need to repost this question under the North Carolina tab.
In Florida the answer is yes. It is called partition. Partition is not a forced buyout but it results in the parties no longer being joint owners.
We are interested in a new home, but need to sell our current home 1st. Builder offered us 100k to pay off our home(we owe 83k) so that we can get the loan to buy the house he’s building. We would still have to sell our current home within 1 year, and give him 100k plus 3900 when ours sells, or... View More
answered on Mar 6, 2018
It's possible that this is not a scam; ensure you have your own attorney review all of the documents associated with the transaction.
Her name is on the deed under my father's for the condo. He purchased the condo directly from his retirement account so he did pay for it himself. She is under the impression that it's hers now and she wants to sell it and leave us with nothing from the condo.
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answered on Mar 1, 2018
If the will established a proper life estate - she should not be able to sell. You may need to talk to an attorney to protect your interests.
The deed was never changed to give ownership to either party prior to the divorce. The mortgage on the unit has been satisfied. Who is responsible for accrued maintenance fees?
answered on Feb 21, 2018
As it stands right now, you are both owners and both are therefore liable for the ongoing maintenance fees. If you don't want it, you could offer it to your ex-wife. In many cases I've had, I usually help communicate with the ex-spouse to determine who will take ownership. In the... View More
but because my credentials were not good enough to get the loan, she wanted to help me out. So I gave her ALL FEES and paid the full mortgage on time religously, with the agreement that once I got my credit score up and stabilized my job I would take possession of the house by either assuming the... View More
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answered on Feb 14, 2018
Who is on the mortgage is irrelevant, if she is on the deed and you are not and there is no formal written agreement in place - it is likely her house not your house. You need to consult with a local attorney but there is likely not much you can do. This is a prime example of why this type of... View More
There was an agreement between one owner (president of Inc.) to sign property over after I sold property and gave them funds from sell to invest in the Inc.
answered on Feb 9, 2018
North Carolina General Statute § 22-2. Contract for sale of land; leases.
All contracts to sell or convey any lands, ... or any interest in or concerning them, ... shall be void unless said contract, or some memorandum or note thereof, be put in writing and signed by the party to be... View More
I currently owe 150k on my house. I have an interested buyer at 500k. At closing the buyer will put down 150k to pay off existing mortgage and I will carry the loan of 350k@4% for 30 years. My question is if for some reason the buyer at some point gets a second mortgage/equity loan from a separate... View More
answered on Feb 9, 2018
The answers to those questions will depend on what's in the written agreement between you and the interested buyer.
Contact an attorney directly to assist drafting or reviewing any lending agreement that exchanges $350,000.00 of value. You have valid concerns which should be addressed... View More
I own some land. I know someone that has promised to buy it. Is there any type of document that could be drawn up that allows me an advance of the price the buyer has promised before time of sale so that at time of sale the amount would be less en bloc. E.g. promised 30,000. I ask to have 5,000... View More
answered on Feb 5, 2018
Probably. Have you already entered into a written sales contract? You state that the potential buyer "promised to buy it." In North Carolina, all contracts or agreements to sell or convey land must be in writing to be enforceable.
There are a few ways to accomplish your goal... View More
We were scheduled to close on the home on Jan. 26th but was advised my a realtor friend to get an inspection and appraisal before we sign the contract.
answered on Feb 5, 2018
What does the sales contract say?
By down payment, do you mean due diligence fee or earnest money or both?
Is the money being held in escrow or by the owner?
Contact a NC attorney with the answers to these questions ready to find out the answer to your question.
How would the assets be divided among the remaining spouse and the 4 children?
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answered on Feb 2, 2018
With no will, the spouse will receive the first $30,000.00 of personal property, one-third of the remaining personal property and one-third of all real property. Her children will evenly split the remaining two-thirds (2/3) of personal property and real estate. So if the estate is small enough,... View More
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