An estate file is the collection of documents filed with the Clerk of Court (in the city in which the deceased individual lived or owned real estate) in reference to the administration or probate of the deceased person's estate. These files are kept in a separate area from civil or criminal files....Read more »
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?
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 joint tenancy...Read more »
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.
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... Read more »
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 property...Read more »
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...Read more »
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 on the... Read more »
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... Read more »
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.
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 alternative, I've...Read 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... Read more »
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...Read more »
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...Read 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... Read 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... Read more »
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 and...Read more »
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