the home which I had the right to do as executor of estate, we agreed that brother would live in home paying for all upkeep.Brother has a spouse. (whom he married after we became joint owners) Brother has passed away. Spouse is making a claim for property. Does spouse have any legal rights to... View More 
answered on Jan 31, 2023
I would have to check to make sure that your brother didn't add his wife to the deed before he passed, before giving my full legal opinion. But in the scenario you outlined, since the ownership was joint with the right of survivorship between you and your brother, once your brother passed,... View More
If two landowners have a disagreement on a property line, and #1 is destroying a property line fence should #2 file a lawsuit against #1 or wait for #2 to file one first?
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answered on Jan 9, 2023
The adjoining landowner should sue for a Boundary Line Dispute, Trespass, Damages, etc. quickly, as otherwise the one tearing down the fence will start claiming more land as his. After awhile, both owners acquiesce to a new boundary. Hire a NC real property litigator now.
Have tried several times to get neighbor to meet and agree on boundary. We cannot proceed with our home.
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answered on Dec 20, 2022
You will probably have to sue the other adjoining landowner for a Boundary Line Dispute. It will be difficult and expensive. It does sound like you have an expert witness, and I hope he can persuade the Judge. Quiet Title, Ejectment and Trespass may be additional causes of actions. Hire a NC... View More
According to a recent will, I am a remainderman and my brother is a life tenant for a home in North Carolina. Am I responsible for paying the mortgage principal, homeowners insurance and for major repairs? What does my brother pay for? Do I have to reimburse my brother for improvements to the... View More
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answered on Nov 7, 2022
Consult with a competent NC attorney. Remaindermen do not have to pay on the Note, Taxes or Insurance. But if not paid, the real property will be taken away from all grantees/devisees. Your Estate has not vested in possession yet, and you are not personally responsible for anything.
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answered on Oct 18, 2022
An attorney in fact transferring his principal's land to himself is presumptively fraudulent. If the principal wants to sell it, then the attorney in fact should have the power to convey it. Usually an original POA should be recorded first in the County prior to the transfer.
Both my Federal and NC state tax is zero AGI. Can anyone help with ???
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answered on Apr 18, 2024
It's best to consult with a local tax attorney or the Iredell County Tax Assessor's office.
In North Carolina, the elderly or disabled property tax exemption (also known as the Homestead Exemption) is available to qualifying homeowners aged 65 or older, or those who are totally... View More
Under the HOA Declaration/Covenants/Bylaws an HOA is responsible for maintenance, repair and replacement of roofing. An owner is responsible for the walls inside their unit (Sheetrock, Paint etc). It rains and the roof leaks and the leak damages the drywall. It needs to be replaced and... View More
answered on Apr 17, 2024
I can't render a legal opinion on this without a full review of the bylaws and covenants, but your logic is sound.
The living seller had the title notarized that he had a copy of her death certificate. DMV said I needed to have her sign the title. She died in 2007.
answered on Apr 11, 2024
You will need proof that the deceased seller left their interest in the mobile home to the living seller. Such proof might come in the form of a right of survivorship, or a probated will, or a declaration of heirship, etc.
The service took place several years ago and I cannot locate my spouse (somewhere in NY, I think)
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answered on Apr 9, 2024
You may need to hire a NC attorney to file a Partition Action. The other owner's money might be held by the
Court until he claims it, and withdraws it by Order of the Court.
Mother and her daughter had joint ownership of a parcel of land in Swain County,NC. The deed states Daughters name "AND" the Mothers name as owners. The Daughter as passed away but has children. Would the Daughters 50% portion of the land ownership automatically go to her living children... View More
answered on Apr 1, 2024
Unless the deed specified the mother-daughter ownership as joint ownership with rights of survival, the daughter's children should own the daughter's 50% interest in the property.
We have contracts in place and she hasn’t done anything to the project for over a year. I’ve requested my money back but she keeps avoiding me telling me she’s busy and she’ll get to it later on. Am I able to sue her for my money back plus the potential loss of revenue and my time being... View More
answered on Apr 1, 2024
I would have to review the contracts to advise you on your options, but I suspect that you have a case to force her to do something. Please get in touch with an attorney and have them review your contract.
Typically, you cannot get reimbursed for "sweat equity," but you should have other options.
Mother and her daughter had joint ownership of a parcel of land in Swain County,NC. The deed states Daughters name "AND" the Mothers name as owners. The Daughter as passed away but has children. Would the Daughters 50% portion of the land ownership automatically go to her living children... View More
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answered on Mar 30, 2024
You have not stated the exact granting and habendum clauses, and have not searched the title. But assuming only what you stated, the Daughter's issue take her issue as tenants in common with the Mother. Have a NC check the title to determine ownership and encumbrances.
He asked me to meet with his Estate planner regarding the plans for his will. He mentioned on having the deed solely under his name so it wont be hard to divide his estate between me, his kids, grandkids and great grandkids. We've been married for 9 years and we are living in a $600,000k... View More
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answered on Mar 19, 2024
Hire your own attorney for advice. The titles to all real properties need to be searched. More than likely you will not want convey away your estate in the house.
Ex husband and wife completed a bench trial for a Breach of Contract Suit. The contract was an executed notarized separation and property settlement agreement. In the agreement, wife received the house (was quitclaim deeded to wife and notarized). In exchange, the husband received all the... View More
answered on Feb 12, 2024
I don't see a reason why not; a sale would likely be held up regardless if the closing attorney is doing their job properly. But a list pendens seems proper here.
The last time the trust was to my sister but I had so I had rights to survivorship when she passed does her lifetime trust still stand
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answered on Jan 26, 2024
Your question makes no sense.. You will need to either resubmit it or consult with a NC attorney. A title search will be in order.
North Carolina Planned Community. Final plat is recorded with tennis courts (currently not built). There was a quitclaim transfer and assignment of Declarant rights (to several limited liability companies, around 7). Are new Declarants responsible/liable to build amenities recorded on initial... View More
answered on Jan 10, 2024
Based solely on the plat, it is unlikely, but there may be other contracts that the business signed that would require it.
Entitled to any of the land
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answered on Dec 26, 2023
The Father's heirs will still take unless there is a probated Will. Father's heirs will include all issue as tenants in common.
The widow or kids name are not mentioned in the deed by name. The widow has been living in the house on the property since sister passed. The deed doesn’t say a life estate was left to widow. There was no will either.
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answered on Dec 26, 2023
Obviously the deceased Sister's heirs at law will take as tenants in common.. Hire a competent NC attorney to determine heirship and possibly file an Affidavit of Heirship.
City is selling property, I'm buying. What are the limits on what I can ask for?
answered on Dec 22, 2023
You can ask for anything but will all but certainly get nothing.
My wife and I divorced 8 years ago and my name is still on the house mortgage that her and her husband of 5 years lives in. I gave her the house and have not lived there for 10 years.
answered on Oct 30, 2023
Your divorce proceedings should have included an agreement for her to refinance the property, but they may not have. If they didn't you can request the bank remove you but they will likely refuse to do so.
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