In today’s real estate climate, we, as closing attorneys field multiple calls a week from real estate agents and sellers asking us if we think selling a home to a buyer and financing that transaction is a good idea. Seller financing usually occurs when a buyer cannot get financing from a lender (Red Flag Number…
As real estate attorneys, we have fielded numerous calls from a recent buyer of a home that go something like this “I just bought a house and now I find out that the window sill is falling apart, the crawl space has mold in it and the attic door does not work!” The first question…
Anyone who has an interest in your estate may contest your Will, however he or she would need to prove one of the following: a) That you were not of sound mind (that you lacked sufficient mental capacity when you signed your will) b) That you were subject to undue influence or were under duress…
Here are some of the more common reasons to consider revising your Will, Trust, Power of Attorney, Health Care Power of Attorney, and other estate planning documents: • Change in your marital status – marriage, separation, divorce, or death of a spouse. • Birth or adoption of a child unless your Will already provides for…
It may be – only an attorney can give a legal opinion on the legality of the document. Every state has its own laws governing what constitutes a valid Will. Even if the out-of-state Will is valid, a North Carolina attorney could include special provisions under North Carolina law in your Will which could save…
It may be – only an attorney can give a legal opinion on the legality of the document. With these types of Wills, there is a greater risk that unintended mistakes could occur on how the Will was prepared or executed (signed). The language in the Will could be ambiguous or incomplete, or may not…
When a person dies without a Will, it is said that he or she dies “intestate.” In that case, the North Carolina Intestate Succession Laws govern who will inherit your property. Who inherits your property depends on your marital and family status at the time of your death. Here are some examples: • Married with…
Almost everyone owns assets, such as bank accounts, automobiles, tangible personal property, stocks, bonds, mutual funds, or real property. Without a Will, the State determines who inherits your property and who administers your estate. With a valid Will, you can do the following: > Designate who receives your property when you die. You can also…
The North Carolina laws are very clear about child support. A summary of the North Carolina Child Support Guidelines can be found here. The family law Judge assigned to your child support case will follow these guidelines with respect to the amount of child support to be paid unless the Judge determines that the guideline…
Fortunately, many of the claims in a divorce or family law case in North Carolina allow for the person who has less income to receive attorney’s fees from their spouse. You may not receive attorney’s fees from the other party in a property division case (Equitable Distribution) or in an absolute divorce case. However, for…