How can I be appointed executor for an ancestor’s estate when everyone named in the will has passed away? – North Carolina Short Answer In North Carolina, when all named executors and primary beneficiaries in a will have died, an interested heir or creditor can ask the clerk of superior court to open the estate…
How can I find out exactly what real estate my parent and late relative owned and whether it is still in the family’s name? – North Carolina Short Answer In North Carolina, the only reliable way to confirm what real estate a deceased parent or relative owned, and who owns it now, is to trace…
If we want to view or sell any remaining property, what steps are needed to clear title when former owners are deceased? – North Carolina Short Answer Under North Carolina law, clearing title on real estate owned by deceased persons usually requires (1) confirming what property they owned, (2) determining who inherited it, (3) resolving…
What happens to a home sale or transfer if a second mortgage shows up during the title search? – North Carolina Short Answer In North Carolina, if a previously unknown second mortgage or deed of trust appears in the title search, the closing attorney and settlement agent generally cannot complete the sale or transfer until…
Can the title company obtain payoff statements directly from the lenders, or do I need to request them myself? – North Carolina Short Answer In North Carolina, a title company or closing attorney can usually obtain payoff or short-pay statements directly from mortgage lenders if the property owner signs a written authorization naming them as…
Do I have to pay any part of the buyer’s agent commission under current practices, and how can that be negotiated to help the sale? – North Carolina Short Answer In North Carolina, there is no automatic legal requirement that a seller or trustee must pay a buyer’s agent commission; it is a contract term…
What happens after my attorney reviews the appraisal with me—do we negotiate, list the property, or take other steps? – North Carolina Short Answer After a North Carolina real estate attorney reviews an appraisal with a client, the usual next steps are to (1) compare the appraised value to goals and other pricing information, (2)…
How is a home appraisal used in a real estate case my attorney is handling? – North Carolina Short Answer In a North Carolina real estate matter, a home appraisal is usually used as important evidence of the property’s fair market value. The attorney may rely on it to negotiate, decide whether to settle or…
Do all co-owners have to sign the acceptance and sales contract, or can one person authorize it on behalf of everyone? – North Carolina Short Answer Under North Carolina law, every property owner whose interest is being sold generally must sign the real estate sales contract and the later deed, unless a valid written power…
How do I handle multiple or backup offers without violating an agreement I’ve already signed? – North Carolina Short Answer Under North Carolina law, once a seller signs a binding purchase contract, that seller must honor it and cannot simply accept a better offer for the same property without risking breach of contract. Additional offers…
