Do I need to open probate to transfer the house to me if records still show my grandparent as the owner? – North Carolina Short Answer In North Carolina, some form of estate or probate process is usually required before a house titled in a deceased grandparent’s name can be put into a single heir’s…
How should we handle earnest money, inspection, financing, and closing timelines to minimize risk? – North Carolina Short Answer In North Carolina residential purchases, risk is managed mainly by how the contract sets the due diligence fee, earnest money deposit, inspection (due diligence) period, financing deadlines, and firm closing date. The safest approach is to…
What is your role in title review and closing, and how will you coordinate with the real estate agent and the closing company? – North Carolina Short Answer In a North Carolina residential real estate transaction, a licensed North Carolina attorney must supervise the closing and perform the legal work involved in title review and…
Can a Chapter 13 bankruptcy filed by the heir living on the property halt a pending tax sale, and what are the risks? – North Carolina Short Answer Under North Carolina law and federal bankruptcy law, a properly filed Chapter 13 case by an heir with a real ownership interest in the property will usually…
How can we stop or postpone a tax foreclosure sale on inherited property if the heirs weren’t correctly listed? – North Carolina Short Answer Under North Carolina law, a pending tax foreclosure sale on inherited property can sometimes be delayed or challenged, but missing or misnamed heirs usually does not automatically void the sale. Tax…
Can the other heirs disclaim their interest so one heir can take responsibility for the taxes and keep the property? – North Carolina Short Answer Under North Carolina law, heirs may renounce (disclaim) their inherited interest in real property by filing and recording a proper renunciation. If the other heirs validly renounce, the interest they…
If the property is sold anyway, how do we claim any surplus funds from the tax foreclosure sale? – North Carolina Short Answer Under North Carolina law, if a tax foreclosure sale brings in more money than is needed to pay taxes, interest, costs, and any ordered assessments, the extra money (the “surplus”) is held…
What is the fastest way to correct title or heirship on a property when no probate was opened? – North Carolina Short Answer Under North Carolina law, the fastest way to correct title or heirship on real estate when no probate was opened is usually to open a limited estate or heirship proceeding with the…
Can you handle the closing and coordinate with the title company, escrow, and the buyer’s lender? – North Carolina Short Answer In North Carolina, a licensed real estate attorney can handle a seller’s closing and serve as the settlement agent, which includes coordinating with the title company, any escrow holder, and the buyer’s lender. State…
How can I confirm a law firm actually received my deed and land documents if my emails may not be going through? – North Carolina Short Answer In North Carolina, the safest way to confirm a law firm received deed and land documents is to use a method that creates a clear record of delivery,…
