12/6/2010 - Derek, I finally have some time now and will help in the farm matter as much as possible (as needed, of course). Below this correspondence are some links to some very general but pertinent info and summaries of the principle statutes involved in your case (NC specific of course). I have to go to Charlotte next week about some legal work with my relatives (click here for their firm's website) on a development and shopping center/business complex in north Wake county and a business park in Charlotte and will further discuss your situation and its present progress with Little (well I call him "little" because I helped raise him but he is actually about 6'7" ... LOL) Lou Trosch (my cousin the district court judge ... he is principally involved in family law cases these days but he had extensive experience in family property matters years back) and my uncle and aunt and other cousins who have the family/estate/probate firm in Charlotte. Elizabeth Trosch (who is also a district court judge ... click here for a Charlotte community show about domestic law that features her) will also be there but her expertise lies more in divorce and domestic abuse cases so I will primarily discuss the matter again with Lou and my relatives in the firm and get their slant on things after I update them on the new developments that we discussed on the phone last night after your recent conversation with Flebotte. I am anxious to see what their take is on these new developments. I will be staying with the Trosches (the lawyers and judges) while in Charlotte so we should be able to cover recent updates very thoroughly ... probably between arguments about politics and law (it will be me against the whole gang of them so I will probably be thinking in legalese and Latin by the time I leave Charlotte and I will probably take all sorts of grief about going into business after school and not becoming a lawyer myself as everyone had planned for me to do ... I did take some years of Latin when I was in pre-law so all was not lost ... LOL) and full contact basketball games which are the favorite activities at all family get togethers ... LOL. I talked with my other uncle and cousins that have the firm in Spartanburg yesterday but your case is under the statutes of North Carolina law and such statutes vary from state to state and even they use the Troch's firm for any North Carolina matters ... plus their expertise is in tax and contractual law (like my Grandfather) and not estate, probate, wills etc. They actually may be in Charlotte next week as well (my cousin's daughter has an opera performance there) and most likely our whole hee-haw branch of the family from the Charlotte-Spartanburg neck of the woods will get together to argue (hopefully fisticuffs will be kept to a minimum as there is quite a lively lifelong rivalry between the Charlotte and Spartanburg firms ... LOL)
Perhaps we can set up a video conference as I am going to propose upgrading my relatives in the Charlotte's firm video conferencing capabilities (like I upgraded the Spartanburg gang's systems last year) as a "horse trade" for their services on some other matters (full contact "knock down drag out" horse trading being another favorite family activity ... LOL) ... I could demonstrate the new video conference system by initially conferencing with you on your system as I installed the latest version of the system on your computer setup at your house and it will be very convenient to demonstrate the capabilities of the system by my having a conference with you. We'll see how it goes and I will definitely keep in touch in any case. After I get back I have plenty of free time so I will plan on making it down for an extended visit and we can thoroughly go over any recent developments then. I would love to be able to fill Flebotte in on all the things that your Dad and Mark and Harold and I went over in years past and all the documents that I have accumulated concerning the farm (along with J.G.'s many other shenanagans and rude misadventures and scams). If you want, you can give him my personal cell # (not my Skype system numbers as I will be out of town and not on my home system) or I could call him at his convenience.
Man, it is freezing down here, even right here on the beach !!! It must be quite like the Arctic Tundra up there at your place. Check into those earth based HVAC systems for your heating and cooling. After state and federal tax credits they end up costing about the same as a conventional system and after that you can heat and cool your house for a fraction of what a conventional system costs. I will make a page with links to sites about those systems and call you in a day or two.
Here are some links to pertinent sites with info and statutes that I think you will find useful ... North Carolina General Statutes of Interest Regarding Partition of Property (highlights) (Entire Statute) Article About Petition to Partition in North Carolina (Rice Family Law Site) Clark's Code of Civil Procedure - North Carolina Petetion to Partition Sale in Lieu of Partition and Mediation Burden of Proving Depreciation on the Party Seeking Sale NC General Statute 1-7 - When Court Means Clerk Clerk Sets the Fee of Appraisers Copy of NC Partition Proceedings Summons NC Court System Site Search on Partition Justia Site Search on Petition to Partition Administration of Decedents Estate - NC Statutes NC Court of Appeals Case Overturning a Denial of Partition by Lower Court My Relatives in Charlottes Law Firm (Family, Estate, Probate, and other) |