What evidence is used to prove undue influence or lack of capacity when a sibling was present during the attorney meeting where the deed was signed? NC

Real Estate Q&A Series

What evidence is used to prove undue influence or lack of capacity when a sibling was present during the attorney meeting where the deed was signed? – North Carolina Short Answer In North Carolina, courts usually look for a combination of medical evidence (dementia diagnosis, records, and provider testimony) and “circumstantial” evidence about how the…

What documents are required to record this change in ownership, like a death certificate, trust certificates, and the prior deed? NC

Real Estate Q&A Series

What documents are required to record this change in ownership, like a death certificate, trust certificates, and the prior deed? – North Carolina Short Answer In North Carolina, the documents needed to record a change in ownership depend on why ownership changed (death, trust transfer, entity name change/merger, or a standard deed transfer). Most of…

What steps should I take if someone breaks into my vacant property before closing and steals my belongings? NC

Real Estate Q&A Series

What steps should I take if someone breaks into my vacant property before closing and steals my belongings? – North Carolina Short Answer In North Carolina, treat a break-in at a vacant property before closing as both a criminal matter (report it and preserve evidence) and a closing-risk issue (notify the buyer, agents, and closing…

Does receiving the home by a Lady Bird deed affect whether the solar debt sticks to the equipment or the real property? NC

Real Estate Q&A Series

Does receiving the home by a Lady Bird deed affect whether the solar debt sticks to the equipment or the real property? – North Carolina Short Answer In North Carolina, receiving a home through a “Lady Bird deed” style transfer generally does not change whether a solar lender’s rights attach to the real property or…