How do I prove my heir status when the spouse falsely claimed there were no children? – North Carolina Short Answer In North Carolina, heir status is usually proved by showing the family relationship to the decedent and the order of inheritance under intestacy (no-will) rules. When a surviving spouse opened an estate and falsely…
How can a power of attorney sign a home sale contract and deed on behalf of a seller who can’t sign in person? – North Carolina Short Answer In North Carolina, an attorney-in-fact (agent) can sign a home sale contract and the deed for a seller if the power of attorney (POA) actually grants authority…
Do I need to file a quiet title action after a tax foreclosure to deliver clear title to a buyer? – North Carolina Short Answer Not always. In North Carolina, a properly completed county tax foreclosure can transfer title by court order and commissioner’s deed, and state law limits most challenges to that tax-foreclosure title…
How can I confirm the property is truly free and clear if there was prior foreclosure activity? – North Carolina Short Answer In North Carolina, confirming that land is “free and clear” after prior foreclosure activity usually means confirming (1) who holds title today, (2) whether any deed of trust or judgment still encumbers the…
Can I sign a deed of trust to pledge my property for someone else’s bond, and what are the risks? – North Carolina Short Answer In North Carolina, it is sometimes possible to pledge real property to help secure someone else’s release by signing documents that create a lien on the property, such as a…
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…
Is it appropriate to select “no representation” on the property disclosure if I’m unsure about the home’s condition, and what are the risks if problems are found later? – North Carolina Short Answer In North Carolina, the residential property disclosure law generally allows an owner to choose “no representation” instead of answering each condition question,…
What steps do I need to take to challenge or block an unauthorized easement application? – North Carolina Short Answer In North Carolina, an easement across private land usually cannot be created or recorded without a valid legal basis, such as the owner signing a properly executed easement deed or a court order in a…
How do I verify that a power of attorney document authorizes property sales? – North Carolina Short Answer In North Carolina, verifying that a power of attorney (POA) authorizes a property sale usually means confirming three things: (1) the POA is valid and in effect, (2) it grants the agent authority to sell or otherwise…
Can a quitclaim deed handle this transfer, or do we have to open an estate first? – North Carolina Short Answer In North Carolina, a quitclaim deed can only transfer whatever interest the signer actually owns. If the current record owner is deceased, a co-parent (or anyone else) generally cannot fix the title problem with…