Can a deed be prepared or signed using a power of attorney, and what paperwork is needed if it was already recorded? – North Carolina Short Answer Yes. In North Carolina, an agent (attorney-in-fact) can sign a deed for the property owner if the power of attorney actually grants authority to convey real estate and…
Can I use a recorded power of attorney from my ex-spouse to sign a new deed transferring their interest to me? – North Carolina Short Answer Yes, in many North Carolina cases an agent can sign a deed for an ex-spouse using a valid power of attorney that authorizes real estate transfers, as long as…
What documents will the county recording office require, like a death certificate and marriage certificate, to complete this transfer? – North Carolina Short Answer In North Carolina, the county Register of Deeds typically records (1) an attorney-prepared instrument that explains how title passes after the owner’s death under the deed, and (2) supporting proof such…
Will transferring the property from two trusts into my single trust cause transfer taxes, reassessment, or issues with a mortgage lender? – North Carolina Short Answer In North Carolina, moving real estate from one trust to another can trigger the state excise tax (often called a “transfer tax”) if the deed is treated as a…
How can I legally transfer a decedent’s timeshare interest into my name after probate? – North Carolina Short Answer In North Carolina, the legal way to move a decedent’s timeshare into an heir’s name after probate is to make sure the heir has a recordable transfer document and then record it in the correct place…
What do I do if the original deed or will is lost when trying to change title? – North Carolina Short Answer In North Carolina, changing title usually does not require the original paper deed or the original will. For a deed, the common fix is to get a certified copy of the recorded deed…
What process is used to calculate life estate and remainder values using IRS tables and age factors? – North Carolina Short Answer In North Carolina, the standard process is to value the whole property (usually the net sale proceeds or fair market value), then apply an actuarial “life estate factor” and a matching “remainder factor”…
What should I watch for in the listing or purchase contract before I sign to protect myself as the seller? – North Carolina Short Answer In North Carolina, a home seller should closely review the listing agreement and the purchase contract for (1) what is being promised about the property’s condition, (2) how and when…
How do I transfer a mobile home into my name if the title was lost and a duplicate title is being requested? – North Carolina Short Answer In North Carolina, a mobile (manufactured) home is usually transferred by getting a replacement (duplicate) title from the N.C. Division of Motor Vehicles (DMV) and then submitting the…
What deadlines apply for bringing claims related to home inspection, appraisal errors, or nondisclosure after a home purchase? – North Carolina Short Answer In North Carolina, the deadlines depend on the type of claim and the legal theory. Many post-closing claims tied to defects, misstatements, or professional errors must be filed within 3 years, but…
