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Question & Answer with Josh & Joe and We have some good ones!

Outlaw Lawyer / Josh Whitaker & Joe Hamer
The Truth Network Radio
April 1, 2022 5:00 pm

Question & Answer with Josh & Joe and We have some good ones!

Outlaw Lawyer / Josh Whitaker & Joe Hamer

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April 1, 2022 5:00 pm

This week show is dedicated to listener questions. Questions range from blended families and Legacy questions, to Homeowners Association's threatening liens on property. A grandfather passes and the family is dividing up land and a multitude of issues can arise. Attorneys Josh Whitaker & Joe Hamer serve up the answers to these legal questions on this week's edition of The Outlaw Lawyer.

If you are facing your own legal situation and need answers call Whitaker & Hamer 800-659-1186.

Legal, Attorney, Case, HOA, Legacy, 

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This week on our lawyer, Joe and I answered your questions got a whole show. Just listener questions ranging from estate administration real estate, homeowners associations, we run the gamut listener questions all now you're locked into the monologue Josh Whitaker and Joe Hamer managing partners at Whitaker and Haber law firm practicing attorneys here in North Carolina offices in Raleigh Garner Clayton Goldsboro Fuquay Marina and Gastonia hi Morgan Patrick consumer advocate. We talk legal topics each and every week, and it's question and answer on the program today. If you've got some questions legally that you're dealing with and you need some answers. I got a phone number for you 800-659-1186. That's 800-659-1186. You can also email your questions to Just leave your contact information. Briefly, what the call or email is about an attorney with Whitaker and Hamer will be in touch.

And as always, check out the website is a great one. The outlaw Gentlemen, welcome man, hope you had a great week. More Morgan. So far so good can complain I'm getting tired. You know as NC State fan. We can't week. He did not as bad news, if something happened I don't understand we lost we lost a couple of kids via the transfer portal and you know is bad news and then on the other side I like about this disdained final four game is driving me nuts that the other two programs in the triangle ACC programs I should say that there can be dancing but it's never happened before North Carolina and Duke meeting. It's hard to believe but meeting in the NCAA for the very first time and it just happens to be for a ticket to the national title game. So yeah stakes are high. It's terrible band play.

I would again just now, I know, I think, ain't exactly.

I think both fan bases organ agonize and then the losing fan base and I tell you that's will be tough. Yes, you be if your neutral fan like if you don't care then did yoga me yeah you go enjoy the game.

If you grew up in it. Especially if you grew up in North Carolina as a Duke or Carolina fan anger like a true light scream at the TV get irrationally angry at the result of games type of fan urinate you to be miserable throughout the game unless it's like clearly decided in one know either direction and one team like jumps out to an insurmountable lead. It's good to be back any man be in misery. I it's terrible, I thought I got it.

I think a lot of fans dreaded the possibility of this happening and now it's now it's happening and yet something like this shouldn't have any effect on anyone's life, but for whatever reason, and it really it's it stresses you out as a as a fan now where everybody's like yeah just enjoy it now.

Now you can enjoy it. I was really rude part for Miami. I had all my eggs in the Miami basket. So I was gonna regret the letter would great yeah that's a good team good team when I was a terrible man. That's all I got. It's it's really bad and you know you always, if you put together bracket at the beginning the year your degree Carolina fan you can see that the potentiality for this to occur. You know, we come close. A couple of times 91 was the last time that it was really a possibility.

They were both in the final four. Too young to really remember that, but this is it's bad man it's really really bad hand and it's good to be one of those things where I don't know that if you're if you're a big fan of either team that you get much and you just to be stressed out there in the game, but it's good to be a really really fantastic feeling for one side and it's good to be an absolutely horrible feeling for the other side. I tell you what man it's you know you you can say the pressures not on either side, if not more so, on either side and that's debatable. You can give reasons for why there's more pressure on one team or the other but you know Carolina fans.

In particular, they've really clung to that the fact that they be, you know, coach K in his final home game and they were sending them out on Michael.

One game losing streak, and that was the last time they played each other not be a lasting memory. And that's a man. If Duke beats Carolina the final four act that's irrelevant like no one's going to care about that ever again replies trumped by if it goes the other way how it's terrible. It's doubly terrible right you're in the year ending in of the most historic, most successful coaching career in history. Your Hannemann L and now the final and you're on our way to the national title game.

It's really bad it's really bad and I don't take an emotional toll on both teams.

A way to where you gotta think it's can be difficult for whoever wins the strength to pick it back up and perform well in the national championship game. I wish there was ever a waiver by Toulouse. I wish there could just be to two losers maybe some sort of as a big Duke fan. If you tell me right now, we could guarantee that Carolina would also lose I take a Duke loss if not disqualify, both omitted to Carolina losing means that much to me. In the end. In the end we just need to, take a big deep breath and say you know what it's just a basketball game.

I'm not gonna watch I'm in a wrestlemania zone Saturday sound. I'm going all in on wrestlemania number pretend like it's not even on TV dated to try on watch and its entrainment, you've really the things that bring you joy, Josh. I just don't get it man, I just don't you really changed a lot in since your days of being my wrinkly basket. Love the game is really taken a hit.

I can do it man college basketball and the state of NC State basketball's kids play hard and I want to be a complainer but I just can't. You can't exist as a true state fan. You cannot garner there's no bright side from anything is happening right now like you just agreeing in Colorado doesn't even exist as a true state fan.

A true life true to life state fan. I think your your hatred of Carolina should should win out over your your hatred of Duke and you should be pulling for Duke. In this game. All I've I've not yet I can't root can't physically root for Carolina in the situation, but I don't Duke when is only slightly slightly better, slightly more I don't I don't what you know we watched the Wolfpack women. We watch the women games here in the tournament. What I mean what I got game you come game was of the big game does the girls played hard and that was my boys were all into it like we were all in on on Wolfpack women as we had a lot of fun watching women's basketball, but but that's about all measures. We have kids is because I spent some time with your kids watching the Duke Michigan State NCAA term again. I had a great time watching the game and I saw it in their eyes. I saw the hope in their eyes they don't generally get when they want to college basketball team was like you my kids you know nothing of Mitchell Mr. before I'm I'm raised here in Raleigh. I married into a family.

Western New Yorkers, and so we get we have. We watch the bills in our house and the boys were at a very impressionable, personable age. The past couple years and the Panthers of just you know.out and so the bills have won them over. So I've got three lifelong bills fans who will only marginally care about Carolina. The Carolina Panthers is on board as can happen.

State basketball is hard to give myself man I could speak I can see the transition. Yeah, your your oldest boy man I could see him wanting. He want better for his life.

You can't.

You can't make that kid root for root first. Emily got football so get the ball coming up. We had to get our season to get the football we had to make a decision on state basketball tickets this week and that I can think that a man made that decision yesterday so but anyway I'm glad other people in the triangle have things they can enjoy it and watch statement no one can enjoy. If you're in the triangle in your true fan of either team. You are no one's going to enjoy watching the game. Josh date that the result will be enjoyable for one side of the other, but the actual physical process watching the game for a true fan is going to be painful. I think the only thing the only way state fan come out a winner and this is if Carolina state play like a crazy record-breaking 10 overtime game, barely wins vanquishes Carolina Duke is so exhausted their like to run over and massacred in the championship game. I think that's the only way the state fan's cleavage remotely are there to other teams in the final four. No one's talking about it to get the benefit of playing an emotionally draining team potentially and that I maintain the Sigma sound crazy national champs again as a matter remotely as much to either of these teams after this game you know whichever team wins this game is more important. Yeah well it is and it isn't, you know they that you are both coaches that that's what they're stressing is were here to win a championship. I get that but for fan base purposes like it's gonna make losing a national championship much more palatable to whoever wins this game well I hope it goes horribly somehow and I'll be watching wrestlemania and I'll check in on twitter and see what's happening.

If he gets close. Maybe I'll flip over button but it wasn't up to him like it's just wrestlemania. You I do not, I don't watch award shows jazz watch the Oscars sale that happen. I gotta be totally honest with you guys. I thought it was this upcoming week and I totally missed the Sunday night thing because we're watching you as watching golf and doing other things. And I totally forgot about it and watch it.

I wouldn't watch it if I knew it was on. I did know was hot, but I still would've washed it if I knew was on, but it is soon as I saw social media blowing up with with reports of what happened.

I didn't watch the actual show, but I watch like every clip imaginable and really dissected it like as if it was some huge like conspiracy thing very very got me to pay attention what's good that's good. I don't know much about it. Besides, you know what I've seen on on social media have an early dug deep into it and as some people think it was fake some people it was a real Chris Ruxton to be in town in April. He's an uneasy B.

Everett and Deepak some show that my MIB. I wonder how much is going to go now with all this on this controversy, but he's gotta be staged really how Yankee I initially thought stage like my initial reaction was staged, and then I watched like 700 clip sounded different ways and I don't man on stage then bolus the angle what you mean, you could say note no presses is bad but you know any press is good press. But what I just don't see the angle I have it. They have strict rules about conduct and the Academy may take the Oscar away and I know there thing that but they let them get it and then you know you gets the standing of I don't have to still see them doing that now. This was the point now and then is that that it the following year, he asked, present, or will he minutes. They say they can take a couple weeks to make some kind of decision, but it certainly, it rocked everybody's world specially sought management sand it was and say utter insanity, assuming it was real. I just complete insanity. While I see Chris rock followed like you know assault charges. That's what I might need to eat.

He declined to initially had hits and it was insanity man.

Like I said it was, if nothing else it. It made me at least pay attention to that aspect of it and it was very interesting to say, to say the least, very interesting lot a means to came from this lot a very funny man has a good development. I think that's how I knew it happen.

I think I saw a couple means like with this madness and that's the way we get a lot of our a lot of our news about popular culture these days. As you'll see, like 700 means you have to go look into. So you can understand what's actually being made fun of Will Smith just did a big interview on CBS Sunday morning Morgan out a couple weeks back at and watch it skip ahead is boring me know. Up and up until this incident I mean, Will Smith, arguably one of the most popular actors on the planet. People just like me he's a likable guys, is gone. On that same level as a Tom Hanks if he's done so many memorable movies. So this was kind of a shock to everybody that's a fan of Will Smith, so I assume he is to just watch the fallout. I know he's apologizes very tearful. He and his wife had know their issues and there's new and there's talk of the they've got somewhat of an open relationship and you know he felt like Chris rock overstepped with the joke, but it certainly look like early on Will Smith was enjoying the joke and yeah and in his apology. That's that's another issue I had with you know he he he. Since issued more of a formal written apology that, read like it came from his publicist, but if you watch like his acceptance speech and you hear him after the fact he really wasn't apologetic.

He kinda defended it had they try to say you do crazy things for love things like that and I is to me personally was a bad look for Will Smith. I'm in your public figure you go to when award show you.

Sit in the front row. You understand what's coming, you're going at your going to you know get roasted essentially and you never want to make light of an illness, and I don't know that Chris rock was even aware that you know Will Smith's wife had alopecia and had issues with that, but at the at the same time, and you can't we can't, as a society condone open hand face slapping maybe maybe that's a bend that managing which make a big shift and that you know that's acceptable. Now, under certain circumstances, folks, the allies Josh Whitaker and Joe Hamer we are going to get into listener questions that's coming up. Looking forward to this again you can get in touch with Whitaker and Hamer.

If you got any legal situation you're dealing with.

I got a phone number for you 800-659-1186 again 800-659-1186 leave your name and contact information briefly what the call is about an attorney with Whitaker and Hamer will be in touch. You can also email your questions to the show that's will use them on future programs and just a reminder, Josh and Joe are practicing attorneys here in North Carolina and the managing partners at Whitaker and Hamer law firm offices in Raleigh Garner Clayton Goldsboro Rena and Gastonia were back right after this, Clayton, Goldsboro, Fuquay Green and Gastonia. I Morgan Patrick consumer advocate we get into legal topics.

Each and every week and you probably got questions of your own if you want to get in touch with the firm get some answers number to call 800-659-1186. That's 800-659-1186 leave your contact information.

Briefly, what the calls about an attorney with Whitaker and Hamer will be in touch and you can always email your questions to the show guys we got questions. I love this part of the show so let's get into it will morning. We got we had a couple questions.

The first one I want to tackle here the firm here Whitaker name or we do a lot of estate planning for clients and we do a lot of estate administration says, two sides of the same coin.

So we help people get their wills squared away power of attorney's kind of plan where their assets going to go trust. Things like that. It's all estate planning and estate administration is once the client we don't want any of our clients to pass away. Once the client passes away a lot of times will handle the estate administration so we take that plan. They put in place for their assets when they passed away and we help execute that plan.

When that day comes, and so the first question we have this week is kind of an and estate planning question. I kinda rephrased it.

Always paraphrase these things to take out names and and things like that. But here's here's how I'm in a phrase this question so we get a list reset. I am remarried I have kids with my first spouse.

How do I make sure my kids and step kids are all treated equally. When I die, so in this in this fact pattern attorneys always make things fact patterns in this fact pattern. We have a client I'm in a make my guy. He's he he was married.

He had some kids that didn't work out. Sounds like he's divorced and he is remarried and has calls watch steps that kids so he's got his new wife has has some kids and so they all lived together and so he's taking care of his guy next Powell sees God is and give us a number but will say he's got two kids from a prior marriage and he's got is to step kids and I want to mimic another assumption in this fact pattern. We were using the term step kids that children, so he has it adopted.

These are his kids.

You know he's not the father of these children. He sees helping to take care of them were also missing is not adopted these children. So these children are not met his laws very clear on on who your heirs are.

If you don't do something if you don't plan accordingly and so this is that blended we call this a blended family estate planning.

These these can be. This can be tricky. They can be tricky Josh, you said one thing that really stuck with me early on when you're setting this up and that's we don't want our clients to.I think we can all the Cree Hollywood can all agree that's the case, that should be the tagline for our firm's role on advertising.

Whitaker and Hamer wheat we don't want you to talk but yet you know this is a tricky situation.

Josh and you said it. We've got we've got what we would call.

I guess your your your biological blood children that you know you you that were born of the first marriage. They are the kids and then you've got, you get the remarriage you get the step kids and this individual in this fact pattern could very much love the step kids and and treat them treat the kids like they are his his own children, but you know the amount of love he has in his heart for the him and the way that he treats them and no matter what he does, there's gonna be a legal barrier in the event that he passes away in the absence of some some careful strategic estate planning.

Yeah, that's the thing, assess the situation. A look at.

So if he doesn't do anything right so this gentleman a valued listener and potential client Whitaker Hamer if he does nothing and passes away and and everyone survives him also make some more assumptions and are fact pattern here so we always have to kill these guys often make our fact pattern works or something happens to him. His the laws of North Carolina. It's called intestate succession. Since he is does not have a will has not put an estate plan together the laws of intestate succession organ to determine where his assets go after his death and then and so here what Sam say he has two kids from a previous marriage and he's got a current spouse finances can inherit everything right. The current spouses is going to technically inherit a decent chunk of his of his assets by the law is is always must protect the with the widow and of course his children will will inherit percentages. These are all percentages.

These are specific assets you know two kids and and a wife they're going to split everything out, you know, thirds, right. So if you have a house everybody gets 1/3 right, that's not always easy to hand out to people in and so that's, that's kind of default and the default the step kids stepchildren would would not receive anything no matter how are deceased husband felt about them or cared for them. You know they're not his children and the laws very very clear about what happens in this case.

If he doesn't do anything is step kids will not receive anything in this situation, and so that's that's kind of the default and so to prevent that he would go to an attorney and he would set up in a an estate plan and and Joe and I case what would he think you'd be what would your advice to them is to take care of the stepchildren just like his own. And that's it. You know that's the thing. The drawback to failing to have any kind of an estate plan in place or having you know an outdated estate plan that doesn't account for your current circumstances.

Because this this guy could have an estate plan in place, but it could be you know it's likely that's gonna be something what's not likely it's a it's a certainty.

You know he's prepared an estate plan. During the time that he was initially married a second have made any kind of arrangements for these for the step kids that he doesn't even know what can exist in the future so and you mention the fact that you know you know you can't have those specific what we call specific bequests to individuals when in the absence of of a well-crafted estate plan in absence of a will, stating otherwise the statutes that dictate how your assets are to be distributed. This can be very generalized. It's good to be percentages and you just lose every aspect of control after your death. If you fail to account for you don't you don't put that into writing in the proper way so you know my recommendation year. There's a lot of recommendations as far as you can keep it very very simple.

Or you can make it far more complicated but just as a is a very simple recommendation that the like baseline. What I would recommend is draft either revise or drafter that all new estate plan that accounts for the step kids and you know whether you craft a will that's going to leave them a percentage or some specific items that you would like to have, or whether you wanted to create a trust that's going to establish a trustee that's going to you know operate for that. The benefit of those step kids. You need to have something some kind of concrete and tangible estate plan. It's going to account for the step kids otherwise they're gonna take not taking this a step further than question you in our fact pattern we killed off our our loyal listener here and then were looking at how his assets would be would be divvied up under the law, then of course you make a will. Things really get divvied up. However, you won't within within reason or something she can't do.

But if you draft a will and you can do everything you need and you want so you can say hey my, you know, I've taken care of my spouse and she has assets in her name now all the kids despite certain things are you now wants it to go to trial so make sure schools paid for it is your estate plan is wide open. If you sit down attorney and you you draft the relevant documents that you need to make your plan happen if if you if you don't do that and you and you die without that place in the state has no seven-page statute. That statute is determine you know where things go and there's not anything you do about it when she went to gone but John point out you know we were killing off her listener's got a surviving spouse. Usually when we talk about estate plans. We usually cracked it so that your surviving spouse doesn't really have to do anything right so you are creating. This will sing-along all the kids in my step kids to share and share alike.

But if we done your estate plan properly. There's not really anything in your state your wills kind of catchall and so you may have to think about other ways to provide for your for your children. You know, life insurance policies, setting up a trust as real property, and under some asked that you and make sure he goes to them and sometimes we have to create assets so that when you pass away. There are things in place for your for your kids at your surviving spouse on usually don't share some bank accounts, your residence may be you and your your current spouse and so that'll just automatically go to your spouse. There's a lot of things just when you die by operation of law. If you set up your spouse is just going to keep on moving right so you may not even have a lot of estate assets if you're the first spouse to pass away, so there's always some thought you like that life insurance or trust or something create why you're alive. That'll make sure your your kids are taking care of. When you pass away. Just something to keep in mind of my appointed family discussion got a lot of questions to go guys to really get to it. Your listing to the outlier's Josh Whitaker and Joe Hamer.

You can find them at Whitaker and Hamer law firm to the managing partners there.

They are practicing attorneys here in North Carolina. If you got a legal situation your face and you got questions, it can be about really anything you can call this number 800-659-1186. That's 800-659-1186 and just leave you a brief message, but it's about contact information and attorney with Whitaker and Hamer will return your call. You can also email your questions to the show questions at the outlaw.

Love is a short break for back more questions from our listeners right after this, and Gastonia and again the fellas practicing attorneys here in the great state of North Carolina. If you got a legal question of your own, you can get an answer. Here's a number for you 800-659-1186. That's 800-659-1186 leave your name, contact information briefly with calls about an attorney with Whitaker and Hamer will be in touch. You can always email your questions to the show and will answer him on the air on future programs. what's up next, fellas mordant the next question I have from we get a lot of this we do what we we get this question in a lot of different ways is what I want to say comes up in different ways.

The paraphrased version of the question I menus for today is basically what is the difference between a healthcare power of attorney and a power of attorney and the answers they are in the in the in the name but this still causes a lot of confusion for folks Joe what's the what's the difference they answer the answers right there. The name Jeff is a very simplified way to put it but you know there's a few key differences and there's a few different ways that these two things operate in the way that that had it, you know, encourage you to look at it just for the purpose of simplifying what could be a more complex answer is you've got the healthcare power of attorney and you what you got what we would call just more of a general power of attorney and that that general power of attorney is good to be used more for day-to-day type of activities you know cutting checks, making decisions, things that aren't you know it's tough to to just you like you said that the exact wording of that the two types of POA's but things that are healthcare related decisions. These are more just general day-to-day type of operations and decisions, whether they involve money or assets or whatever they may be conducting your day-to-day business.

That's what that general power of attorney is a plot. The healthcare power of attorney just like the name implies, is going to be more specific to healthcare related matters.

It's going to apply where it's it's a it's a concern of of an individual's health, and generally speaking that's can be something that's going to take effect in the event of an individual's incapacity. When that person is incapacitated and and can't make those decisions themselves.

That is when that that healthcare power of attorney can become extremely valuable because if you got a situation where you know something happens to you.

You are in your right mind, you can't communicate what you want to happen with yourself. You could have a person that's got a general power of attorney and if that general power of attorney doesn't specifically address the healthcare related matters that are at issue, you have the outlook and in that power of attorney to be essentially worthless for that purpose. Yet the two very different documents to their brother both given life by different statutes in the North Carolina Gen. statutes and so I just said healthcare power of attorney is something everybody should have is Ms. become real popular over the past decade or so. Especially with kids. You turn 18 and are going off to college and and still probably rely on their parents for for help and and maybe call the doctor and you do and doing whatever needs to be done medically get medical records things like that so you know most everybody who's an adult should should have a healthcare power of attorney.

It's very easy form.

It is not overly complicated. It speaks to be some forms of life ending treatment you may or may not want. But basically you're appointing someone for your doctor to ask questions to if you're unconscious you been in an accident are your not of sound mind and you can't make your own medical or healthcare decisions. The doctor needs as files we can ask you and I would argue even a spouse or if you want a child or if you will multiple people I usually don't recommend that my consults but anyway that's weird that's your treating physician is get a look to a medical emergency. Were you can't make your own medical decisions. That's handy to have an angelic. He said that the general power of attorney is more complex. You know that's that's one that obviously you can give somebody a child of a friend or family member, a professional, your CPA or or your attorney or whatever you can make someone your attorney in fact they can act on your behalf to take care of daily business specific business a specific piece of real property. It can be drafted as general you deal with everything or is are is as a singular is again just dealing with what I need you, I will be out of country. I need you to take care of selling 123 Fake St., you know, 123 Fake St. N. came from no job and I guess the Simpson episode happened to come from the Simpson if you go back there's an episode where Bart I don't number it was. This was the B plot owner with a plot was a Bart is strolling through like a courthouse and are having an auction and no one's betting three bins and he bids a dollar answers old warehouse falling down is 123 Fake St. anyway. They could take care of just this Bart could appoint and I think he does pretty much any puts Millhouse in charge and Millhouse is a break in the factory, it all falls down. It's very comical in this situation Millhouse is the attorney-in-fact for Bart legally said I think that's right yet. I had that I had a lot I can't on my essays name, I will put them out there, but at a law professor, law professors. This is what we do in law school to give us fact patterns and we take case law and statutes and we try to analyze these fact patterns and sometimes are fact patterns from cases right really famous cases and sometimes they make up names you know and and sometimes you have a law professor just six cartoon characters just puts those in your very serious legal fact patterns are trying to analyze. I have a feeling files, law professor and spyware go to Bill and The Simpsons characters names, and that in our fact patterns.

But any who is very sick. Powers of attorney, very serious lot to trust their rights as if you're giving someone the power to do something on your behalf.

They can do it, and people can rely on it in their protected Creek creates a fiduciary relationship so that person has very strict legal duties to do what's best for you. Power of attorney's can take effect immediately right so as soon as you sign it. It can be set up to be effective. That person go do whatever you authorize them to do on your behalf or he can take effect later single and sign it, but in the body of the document.

We can say hey this will take effect until a doctor decides I'm not competent to handle my own affairs rights. He could have one that will spring into existence until it until a doctor says a Josh's done right. Just can't make you can't make his decisions anymore. This person is going to be there. There, POA and so when you when you doing the estate plan is that so that's the hardest part for some people write when I'm doing an estate plan with folks. One of the hardest things for them do is figure out who's going to be the guardian of my minor minor children something happens to both me and my spouse right as one of the hardest questions people have is is deciding on who that should be the second hardest thing is is is deciding who should act as my attorney-in-fact notes, usually in a be a spouse, and if something happens that spouse get a name up number two that's hard for folks. It's it's hard to know, especially as people get older is very hard for them to turn over that kind of decision-making to someone else matter how much trust is there. It's just not always easy.

It's tough man and that's it.

Like you said a lot of trust is required and that's why think it we as inter attorneys we would encourage you know, very careful drafting of these documents and and making sure that your specifying that you know each and everything you want these individuals to to be able to handle because you know you mentioned the fact that a general power of attorney is a very complex document that can be true, and I think it will drafted general power of attorney is something that's very complex, but you've also got what's called a statutory short form general POA which is just literally it's defined by statute or just list out the things you go when you initial beside it so they can always get you know they can be fairly straightforward as well.

You can just give blanket authority to somebody to do pretty much anything as far as that POA goes, I think I would encourage and we would encourage our clients to carefully consider exactly what authority there given out and and again that trust piece is essential. So have people you trust.

It does, it does make a difference a week. We know we sing and we been at this for a while now, so the front you know I I have seen people abuse these right side I've seen the id. The people who appoint their kids or you know someone attorney-in-fact, and yet I attorney-in-fact tries to make self gives gifts, you know you make make deals that benefit them more than the person they're acting for basically violating these fiduciary duties that existence so that that definitely happens and and so does necessitate some thought and usually people have that one person write people like a some happens to me I will just make those decisions you will do what is in my best interest, and they feel real good about that and we start lying about what you want to name a backup community what names they have. Josh passes a lady when I have someone else there there like that. That's usually talking but less to think about very important documents.

Very central pieces to any estate plan, but Dixon thought question and answer continue with the lawyers Josh Whitaker, Joe Hamer. Stay tuned.

You can find them at Whitaker and Hamer law firm. If you're going through a legal situation.

If you got questions. We got a phone number for you 800-659-1186. That's 800-659-1186 leave your contact information.

Briefly, what the calls about an attorney with Twitter can Hamer will be in touch.

You can always email your questions to the shelf and will use them in upcoming programs back with more questions and answers right after this new quavering Gastonia.

They are practicing attorneys here in North Carolina. If you got a legal situation you're facing.

We have a phone number for you 800-659-1186 at 800-659-1186 leave your contact information. Briefly, what the calls about an attorney, Whitaker and Hamer will be in touch and you can always email your questions to the program will answer those on future programs. Always check out the website great one for your great resource. D. Outlaw John take away so our next question I get this morning I get this question a couple different ways. Some people really like their homeowners association right major way some people really like their HOA in what it does for keeping certain standards up and in a community protecting resale values and whatever everything homeowners associations do. It's good, there's people like them and there's people out there that avoid them like the plague right they don't want to buy anything that subject to covenants that creates an HOA and so we we see both sides of that come through our office, but I've had a couple times and this listener question. I've kind, added this in your this the situation I say but basically this question is you start out. I didn't know I had an HOA when I bought my house so basically these folks bought a house they were not informed by the sellers that there was a homeowners association and so they've they've closed their closing attorney failed and that I should probably come up at a closing and the seller certainly failed them.

But we'll get into that Dave there in a house they didn't know they had an HOA.

They do HOA saying I owe HOA dues and are threatening to file a lien can the HOA do that and so the short answer is yes right you don't have to have personal notice right when you know we do a lot of real estate closings at Whitaker name are Joe and I spent a lot of time dealing with real estate closings in litigation and basically you know when a developer starts a neighborhood subdivision bill record covenants protective covenants and most most of the times in an hour in our day and age is covenants will authorize, or you call for nature way to be set up and that HOA can have further rules and things that it does. But so you can get these folks is unfortunate, especially their trying to dodge nature way but they got one and they owe as long as the dues comport to the covenants, and in the rules of the subdivision. They can be levied and if you refuse to pay them. HOA's get a few things they can do to get Joe.

I don't know if you've seen this one before that.

Yeah, I've seen it. It's not super common just to see this. You do see it but just as a general this is a general principle that you know it's important understand your notice of any kind of any kind of real estate title related issue at defect.

It can have very little effect on the fact that that issue is gonna be a problem for you because these are things that are there and so that you can't use as a defense to nonpayment of of HOA dues.

The fact that you didn't understand or realize that there was an HOA because if you could most likely that's what everyone say right out. It was HOA and I can pay you any money and that's it's really irrelevant because it's a public record issue and this is something that's on record so using that is is knocking to be any kind of a defense and I think it's also just as again a general principle.

If you're buying a house you're buying a house in a subdivision.

I think you just assume that you got an HOA. Nothing that needs to be your assumption. That's not always the case. There are exceptions to that you got some your there's a threshold of homework you got a smaller subdivision. You may not be required to have an HOA you could have a larger subdivision where everyone can come together after the fact decided we were the one have a formal HOA or have HOA dues. Yes, there are exceptions to that.

I think it's just a safe, just as a general assumption just assume you're going to have HOA dues you seek out that information and understand you know what's gonna be due from you, but another thing that that Plays into this is the fact that your your coming to an attorney to handle your closing and it can be hard to be surprised by this because your attorneys get to be doing their due diligence negative people that information and note 99.9% of the time is if you got an HOA is going to be some money that's gonna be due from you at closing. This can be some information that has to be provided that it to that HOA. So you're gonna see these things on the closing disclosure when you come to the closing table so you really should not necessarily be surprised by this, but you know, assuming that you are surprised by this HOA's do exist. HOA dues also exist and if you don't pay those dues, you can absolutely have a lien filed on you.

The these are all things this authority that's giving that's given to these HOA's just by virtue of law and you can avoid it by just saying hey man, I didn't realize this was the thing you notice notice in the real estate world is not is not personal notice rightists is notice. You know, at the register deeds of the clerk's office are our recorded registered documents at the courthouse. That's how you get constructive notice of these things.

And if you're one of those people that really want to avoid in nature way you know when you taught your real estate agent when you're looking you know that you need to be very vocal about that you know something we can look at anything that has an HOA assuming the sellers of been forthright and you know the kind of thing and you need to let your closing attorney notes, closing attorneys, we do searches will find HOA's will find covenants but we need to know if if that something you would object to. We need to have a conversation in the closing timelines always pretty sure right world were always you know to do for 3 to 5 weeks away from closing. Once you go under contract and and so things move pretty fast and set something you need to let everybody know right because if you get something you need to be upfront with but initially can deftly follow lien right now follow lien and that lien will set their nettle be something has it paid off. If you sell the house for your refinance and there's all kinds of ways that can affect you negatively and at some point if there's an upload. The HOA could decide to foreclose on.

That's one of their remedies that that law is a US $5000 in dues and finds in attorneys fees and all kinds of stuff and were to foreclose and sell your house at auction right and and that's kind of their big this that that's the big stick that HOA holds as they can foreclose on you and sell the house and course River buys it at auction would own it. Subject if you have a first mortgage or in equity line never did. Whatever that still they are not still in your name but you no longer in our own own your house so HOA can do a lot of stuff. Good and bad, depending on on how you view them but yeah for this for this question. I would pay those dues lickety-split and make sure you were on good footing with your with your HOA because you know they can be got in some ways to make your life a little more complicated I guess is the easy way to say it, the outlaw lawyers Josh Whitaker and Joe Hamer, the area growing in in such a fashion that there are the a lot of neighborhoods and they got me a lot HOA. So if you got any questions about your situation. We got a phone number for you 800-659-1186. That's 800-659-1186 and just leave your contact information briefly with calls about an attorney with Whitaker Hamer will be in touch. You can always email your questions to the program and we will feature those questions in an upcoming show got a few more questions for you that's coming up on the other side. Stay tuned for more. The outlaw life back into the outlaw lawyers you have Josh Whitaker and Joe Hamer partners Whitaker him a lot from your post of the program each and every week getting legalese they are practicing attorneys here in North Carolina have offices conveniently located in Raleigh, Garner Clayton, Goldsboro, Fuquay Marina and Gastonia you're facing the legal situation you got questions.

We got a phone number for you 800-659-1186 at 800-659-1186.

You can leave your contact information. Briefly, what the calls about an attorney with Whitaker Hamer will be in touch.

And as always email your questions to the program will use my future shows will answer them for your guys got time for at least one more question were gone, so are our next question I get this a lot and so we we can paraphrase it to include the most common situations we we see but in this listener question, we guide we were selling family lands were seen that a lot right now.

We talked about that how everything is kind of like picking up a notch in the real estate market in almost anything that can be on the market here in Waco and in Johnston and Harnett and surrounding counties is is getting sold so these folks are's side is time to sell the family informed the family land so they they went out and sold it semi-agreed to buy it and others closing attorney involved in the closing attorney won't close this because we didn't open estate for my grandfather.

What now and so did Joseph. I know you see this one a lot. We do see it out. I was actually just talking to to a client about this. Basically this exact issue the other day so it's it's a thing man. It's a common it's a potentially common thing and you know we talk about you know a grandfather or great-grandfather you to talk about an older generation you know it we always stress very careful estate planning avoiding probate, avoiding these exact type of issues, but you get a lot of folks who were who were little more old-school in their approach and and then these men might not of been things that they necessarily take care.

They may have not cared at all like like as in this situation where there was just never in a state open and so as to the what now you know it really depends.

It depends on the exact situation. It depends on how your grandfather own title. It depends on who their heirs are and you can get into some some pretty complex situations. Just based on note family structure, number of children that were were or had where those kids are at this point, you know, we, as attorneys we work in a search title working to find as much as we can, and in we get into a situation where there's an issue like this on the seller side. It can frustrate our buyers. A lot of times, but we represent the buyer were conducting the title search on behalf of of that buyer and we can't really assist with seller-based estate issue. So what work in a likely tell the seller to do is to to go and hire independent counsel hire an attorney to assist you with resolving this issue and kinda put the burden back on that seller that that that upsets a lot of people, but it it's basically the way we have to do to just due to bar rules in general.

Yeah, we represent a buyer. We do that title search. That's all we got rights.

If you're selling the family farm is been the family for years and years and years we have to do we have to do a certain search we I we going right now are back in the 1860s because it was it was family land and and you know there's not a lot of deeds right you normally if I go if I decide to buy something from Joe we have a closing on have a deed recorded energy evidence that I bought this property and have my deed and so when you inherit property. The only way 1/3 party. A buyer at closing attorney someone else looking at it would know that you bought it as if an estate had been open because if in this situation, the grandfather when he passed up an estate have been open, it would list all the heirs. What shares 1/8, 1/16, 1/32 or whatever share they got the land the estate itself acts like, like a deed. It's a public record that this man is past where he lived, and whose heirs were and we can work with that. But when you take that out, we'll know your family history right will know that you had an uncle who died early in his two nephews. One is illegitimate ones legitimate and weak. We can't figure it out. Without these, you know, this estate is there some workarounds, but you know I think the long and short of it is this person has a a problem that's going to take an attorney or multiple attorneys to fit to figure out and so you always hear real estate is a nonprobate asset thing that confuses a lot of people, but even though it may not pass through an estate. The estate is a good record of who it did pass to and if you don't do it and people die. It gets inherited again, but we got one now where you went uncles and have an estate is his kid. God doesn't have the states are like four generations down now with no public record of who the owner is so deftly some something that takes an attorney spend some time with it it it exactly it's good it's going to take some time and I think the important thing for if you're in the situation there's a few things that you need to keep in mind a few things need to do. Step one is you get on resolving the issue as quickly as possible so the sooner you can you know retain an attorney or start doing the leg work on getting that estate filed, the sooner you're gonna be able to resolve it and get to the closing table, but that being said these things, they can take time and they generally do take time, so you don't need to expect this to be a quick or easy fix that. You need to plan on it taking a decent amount of time you need is you know you are your real estate agent needs to set the buyer's expectations that you know this is an issue that's going to do to take a little while resolve and depending on what your contract says you know you could be in a situation where your unit, you can end up basically either being in breach or having to seek some kind of termination of that contract yourself or your to be in a situation where the buyers cannot going to give you some leniency you may come to one agreement to take to get an extension on the amount of time, but you need to plan on it. Taking a decent amount of time and it just the quicker you can jump on it, the quicker you can get it resolved, but it is good to be a thing that is going take some time. Well, speaking of time guys were out of it the lawyers. This addition in the books guys have a great week and will see on the radio next week. This is Josh Whitaker and Joe Hamer Whitaker Hamer law firm pricing attorneys here in North Toronto managing partners firm offices in Raleigh Garner Clayton Goldsboro Fuquay Marina and Gastonia. If you got a legal question that you have. You get an answer 800-659-1186. That's 800-659-1186 of your contact information briefly with calls about attorney with Whitaker Hamer will be in touch. And as always you can email the questions to the show will answer them back on the radio next week is attorney licensed to practice law in North Carolina because appearing on the show. Maybe license North Carolina attorneys discussion of the chosen to be general in nature and in no way should the discussion be interpreted as legal advice, legal advice can only be rendered once an attorney licensed in the state in which you live. Have the opportunity to discuss the backs of your case with you. The attorneys appearing on the show are speaking in generalities about the law, North Carolina, and how these laws affect average North Carolinian. If you have any questions about the content of the show, contact us directly

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