Legal Question in Real Estate Law in North Carolina

what type of legal advice can I get about property in my name that Im trying to get out of my name


Asked on 11/13/12, 4:10 pm

1 Answer from Attorneys

That is not the question you should be asking nor is this the proper forum for a question like this. No attorney can possibly advise without knowing more details.

What is your age? Do you wish to convey your home because you might need Medicaid? If so, then this has to be done in a certain way at a certain time or you will risk being ineligible for Medicaid. In such case, see an elder care attorney about creating a plan for you which can address the land and anything else.

Are you being sued? Then its a fraudulent conveyance for you to transfer land to anyone. In such case, you need to talk to a bankruptcy or debt resolution attorney, depending on what you want to do. Conveying the land will have consequences and if the creditor finds out, they can undo the transaction. The bankruptcy court can also undo the transaction or deny you a discharge and dismiss the bankruptcy if the transfer was made to insiders one year or less before the bankruptcy petition was filed.

Do you just want to convey the land to someone else? Then see a real estate attorney. This can be done by using a deed. Deeds are not all that expensive. The only caveat is that the land must be owned free and clear.

Are you trying to create a revocable living trust? Then maybe see an estate planning lawyer.

You either need to re-post your question with more details or you need to see an attorney for one of the situations I outlined if applicable.

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Answered on 11/25/12, 7:21 pm


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