Client Resources, Ronald E. Sneed, attorney at law, in Black Mountain, NC

Buying a Home?

Estate Planning Brochure

Landlord - Tenant Brochure

2009 Billing Policy for Sneed Law

Client Satisfaction Survey

The Law Library:

Myth: After seven years, my partner and I are married by common law.
FALSE: North Carolina does not recognize common law marriage.

Myth: The nursing home or state can take my home if I can’t pay my bill.
PARTIALLY TRUE. Neither the state nor the nursing home can “take” a person’s home. However, in North Carolina, if you die leaving a debt to be paid to a nursing home, or after receiving Medicaid to pay for your nursing home care, a claim may be filed against your estate as part of the probate process. This claim will have to be paid before your heirs can inherit from you. If your estate has no other assets to pay the claim, the house may have to be sold to satisfy the debt. You should contact an attorney to help plan for your future long term care needs. If a loved one has passed and you believe a claim against the estate is possible, please contact our office to discuss how we can help.

Myth: If I purchase property that has been in the family for many years, I don’t need a title search or title insurance.
FALSE. Actually, properties that have been owned by a single family for many generations frequently have the most serious title problems. These might include heirs whose interest was never conveyed, estates that were not administered, judgments filed against family members, access problems and survey errors. These problems often occur without the family even being aware of them. Any time you take title to a piece of property, you should have a licensed attorney examine title and purchase title insurance for your protection.

Myth: Property in North Carolina cannot be landlocked.
FALSE. There is no legal requirement that a parcel of land be given legal access when it is sold. In fact, improper documentation of easements and rights of way are the most common title defects we see. Especially in what was historically a farming community, it was not unusual for neighbors to cross each others’ property without requiring a formal written agreement. Unfortunately, generations later, this may mean that a parcel of land as large as several hundred acres has no legal means of access.

Myth: If I pay taxes on a piece of property for many years, I become the owner.
FALSE: Ownership of real property is not determined by who pays the
property taxes.

Frequently Asked Questions

Q. Do I need a Living Trust to avoid the expense of probate?

In Mr. Sneed’s experience, most people do not have the amount of assets that would justify setting up a living trust. Living trusts can cost several thousand dollars initially and require that you file separate annual federal and state tax returns. Any future changes to your estate plan may be cumbersome and expensive. There are some who need this type of extensive estate planning, but for many people a complex estate plan is unnecessary.

Never allow a financial planner or tax professional to prepare estate planning documents for you. The only person qualified to advise you and prepare these important documents is a licensed North Carolina attorney.

Q. I sold my property this year, so why have I received the property tax bill?

The tax department is required to issue a bill to the person who owned the property on January 1st of the current year. If you sold your entire piece of property, you likely paid your portion of the taxes to the Buyer at closing. You should forward the tax bill on to the Buyer so that they may pay the bill. If you sold only a portion of your property, the Buyer likely paid you for their share of the tax bill at closing. In this case, it is your responsibility to pay the full bill. Next year, each of you will receive a separate bill showing the revised acreage.

Q. Can I access information about my property online?
You can access all documents recorded in your name by visiting the Register of Deeds’ website. In Buncombe County this service is free and can be accessed at Register of Deeds. McDowell County requires you to subscribe for this service, which you can do at titlesearcher.com.

You can access your property tax records in Buncombe County by visiting the Buncombe County Tax Collector. In McDowell County, you can access this information by visiting the McDowell County Tax Collector;

Each county also maintains a GIS website that will show lots of different information about your property. You can view an aerial photograph, see how flood zones and zoning laws affect your property, view approximate locations of streams, MSD sewer lines, streets, etc. Be advised that the county maps may slightly skew property lines and should not be relied on in the same manner as a survey prepared by a licensed surveyor.
In Buncombe County, you can view the GIS map by visiting
Buncombe County GIS. In McDowell County visit the McDowell County GIS.

IN THE LEGAL NEWS

December 15, 2010: Congress’s tax package reinstates the federal estate tax. The new law will make estates valued at more than $5 million subject to tax.

June 30, 2010: SL 2010-31 changes the annual report due date for corporations and limited liability companies. Corporation’s annual reports are now due on April 15th, rather than March 25th. LLC’s were formerly required to file an annual report for the calendar year in which they were created. The first annual report is now due in the year following the filing of the articles of organization.

March 15, 2010: The Town of Black Mountain has adopted a completely rewritten Land Use Code which became effective on March 14, 2010. There are many changes in the new code that may impact your plans to develop or use your property. You can read a copy of the new code at Land Use Code.

January 1, 2010: The Federal Estate Tax was repealed effective January 1, 2010. As a result, North Carolina’s Estate Tax, which is tied to the Federal tax, was also repealed. It is still unclear how this issue will be addressed by Congress. There are several proposals currently being considered, some of which may result in a tax that is applicable retroactively to persons dying after January 1, 2010. Please check back periodically for updates on this important issue. Once a new law is adopted it will be important for all of our clients to review their estate plans to make sure they still accomplish the proper goals.