Advanced planning can help you avoid many common legal issues following a natural disaster. To avoid a situation where people inheriting your property have difficulty proving their ownership, it is a good idea to prepare a will stating who you want to inherit your property. After a relative who owns property has died, it is important for a family member to have the estate administered through the courts to ensure that all legal requirements are met. Additionally, preparing powers of attorney before you need them can ensure that someone you trust is available to handle financial matters or make medical decisions for you when you need it.
Essential documents such as wills and powers of attorney may be lost or damaged after a natural disaster. You should verify that your documents are intact, and if not, contact Legal Aid NC or another attorney to help you create new versions of your documents.
Legal Aid of North Carolina can assist in preparing several types of documents:
Last Will and Testament: In your will, you decide who will inherit your property after you die, including land, cars, bank accounts, jewelry and other items. If you do not have a will, then the law decides which of your closest relatives will inherit your property, without regard to your specific family situation.
Power of Attorney: A power of attorney allows another person to handle financial and business matters for you, including accessing bank accounts, paying bills, buying or selling property, hiring attorneys or accountants, etc. You can choose to allow someone else to begin handling these matters immediately, or only if you are medically unable to do so yourself. After signing a power of attorney, you still have the authority to handle your own business as well as allow the other person to handle it for you.
Health Care Power of Attorney: A health care power of attorney tells your doctors who you want to make medical decisions for you if you are unable to make them for yourself. This document can also put limits on the types of decisions the person is able to make for you.
Living Will: A living will states your end of life wishes about what should happen if you are unable to make medical decisions for yourself, for instance, if you are in a coma or suffering from dementia.
There are legal requirements these documents need to meet in order to be valid. An attorney can help you prepare these documents to ensure that your wishes are known and respected.
Many organizations that provide free home repair assistance after a disaster will require you to prove that you own your home before they can assist you. However, you are not required by law to prove that you own your home in order to authorize repairs. For instance, you can hire a contractor yourself without proving ownership to your contractor. Organizations providing assistance may set their own requirements, which often include proof of ownership.
In some cases, proving ownership of your home is straightforward. For instance, you may be able to provide:
A deed to the home with your name on it
A title, if your home is a mobile home, with your name on it
Proof that you have a mortgage on the home
A will from the last person holding a deed to the home, showing that that person left the property to you, accompanied by proof that the will has been administered through the courts
Some people have inherited property without a will, and/or the property is shared by many relatives. Lawyers often call this “heir property.” You may also know this as “family land.”
People who inherited their property without a will are legal owners of the property. However, proving your ownership may be challenging. You may need to prepare a family tree and verify whether other heirs who have died since inheriting the property had wills themselves. If you are in this situation, you should contact Legal Aid NC, or another attorney, to assist you in proving ownership of your property. Some organizations may only provide assistance if all owners of the property, including all heirs, agree to the repairs. An attorney can help you identify all owners of your property. Depending on your circumstances, a family tree can be more complex than the example provided below so it is a good idea to get assistance.
Property Ownership Example
Michael Donna John Ryan Nicole Betsy Ben Sara Alex Erica (Living Deceased)
In this example, Michael and Donna’s son(Ryan) and grandchildren (Alex, Sara and Erica) would all own the property together.
If you have been affected by a federally declared disaster, you may qualify for disaster assistance through FEMA’s Individuals and Households Program. You should apply to FEMA as soon after the disaster as possible, and generally, you must apply within 60 days of the disaster.
FEMA can provide money for home repairs; temporary rental assistance; medical, dental and funeral expenses; vehicle repair or replacement; repair or replacement of essential household items; and other essential expenses related to the disaster.
To apply for FEMA assistance, you can:
Go to www.DisasterAssistance.gov
Call 1-800-621-3362 or TTY 1-800-462-7585
Apply in person at a FEMA Disaster Recovery Center
FEMA will send you a letter either approving or denying your request. If you are approved, FEMA will send you a letter explaining the purpose of the money. It is important that you only use FEMA money for its intended purpose. For instance, if FEMA’s letter explains that funding is intended for home repair, you should not spend it on rent or food. FEMA may provide you with money for more than one purpose at the same time.
You should save receipts showing how you spent the money for at least three years after you receive it. FEMA may ask you for proof that the money was spent as intended. If you receive money for home repair, but it is not enough to complete all repairs on your home, you should keep your receipts until all repairs are completed so that you can show proof of how you spent the FEMA money to any other organizations assisting you.
If you are unable to use the funding for the intended purpose, you should return it to FEMA. If you spend the money for another purpose, you may be required to repay FEMA in the future.
If FEMA approves you for rental assistance, you will receive two months’ rent upfront, which you may also use to pay a security deposit and your first month’s rent. If you need continuing rental assistance after that, you will need to turn in additional documentation to FEMA, including information about your income and expenses.
FEMA Home Repair Assistance
If your home was damaged by a major disaster, you may be eligible for repair assistance from FEMA. FEMA repair assistance is only intended to help you with basic repairs to make it safe to return to your home. FEMA is not intended to assist with all repairs or result in your home returning to its pre-disaster condition.
FEMA also expects that you will soon return to your home and take steps to prevent further damage. For instance, if you have a hole in your roof, FEMA expects that you will place a tarp over it to prevent interior damage to your home.
You may be eligible for home repair assistance if:
You or a household member is a U.S. citizen, non‐citizen national, or qualified alien
Your home is in a declared disaster area
You own your home
Your home is uninhabitable or inaccessible due to the disaster
Your home is not covered by insurance, or your insurance does not cover all your damage
You were occupying your home as your primary residence at the time of the disaster
You may NOT be eligible if:
You have other, adequate, rent-free housing available
You refused assistance from your insurance
You were required to maintain flood insurance after a previous disaster, but did not do so
Common issues that can cause FEMA to deny a homeowner’s claim include proving ownership and proving that the disaster has caused so much damage to the home that it is not currently habitable.
If FEMA denies your application for assistance or does not grant you enough money for your needs, you have 60 days to appeal. You can appeal on your own, or Legal Aid NC or another attorney can help you with your appeal.
If your home is damaged to the point that it is not habitable, you have the right to terminate your lease. You must notify your landlord, in writing, within ten (10) days of the damage of your intent to terminate the lease, unless your lease provides otherwise, and pay rent through the date you end the lease. Please review your lease and contact Legal Aid of North Carolina if you have questions. (NCGS 42-12)
Landlord Don’t Have the Same Right
Nothing in NC law creates any special right for a landlord to terminate the lease before the end of the lease term due to damage from a natural disaster, unless the home has been destroyed in a fire. (NCGS 42-9) At the end of the lease period, your landlord must give notice to terminate your lease pursuant to the lease or law (NCGS 42-14), whichever notice period is greater. Remember to check your lease for the lease term and notice requirements; it is common for leases that had a one-year initial term to renew as “month-to-month,” which may only require a week’s notice to terminate.
If your home is condemned by a city or county housing inspector, you may be required to vacate your home. A landlord does not have the authority to decide that a home is uninhabitable.
Landlord’s Duty to Repair
If you continue to live in the home, the landlord is required to make repairs so the home is safe, decent and sanitary. The landlord must do this within a reasonable time. However, the repairs are only legally required if the landlord is aware of the damage. Make sure you inform the landlord about needed repairs right away, and that you keep a record of the date and your conversation. It is best to make your repair requests in writing, which may include handwritten, email, text message, or social media message. A landlord’s duty to provide fit and habitable housing is not waived simply because the damage was caused by a natural disaster. (NCGS 42-42)
If Your Home is Seriously Damaged
In general, North Carolina law requires tenants to continue paying rent even if the home is damaged, unless you have an agreement with your landlord or a court order. A tenant may be able to sue the landlord for rent paid beyond the value of the home in its current condition. For this reason, landlords and tenants should come to an agreement on reduced rent until the home is repaired. If a landlord continues to demand rent for a property that is seriously damaged, or during a time when the tenant is required to be out of the home for repairs, tenants may have legal claims. Please contact Legal Aid of North Carolina.
Personal Property
In general, your landlord is not responsible for damage to your belongings caused by the natural disaster. You should file a claim with your renters’ insurance and/or FEMA. You should also take pictures of all damaged property.
Scammers and fraudsters often target people after natural disasters. Real contractors or handymen may also accept your money and then fail to do the work. These tips can help you avoid losing money after a disaster.
It is best to…
Ask for an official ID from anyone claiming to be from the government, power company or insurance company.
Contact your insurance company first if your property has been damaged by a disaster. Some insurance companies require the adjuster’s approval before work can be done.
Shop around and compare estimates for any major repairs. Legitimate contractors will also provide written estimates for home repairs.
Avoid sharing personal information, such as social security numbers or bank account numbers, with anyone who contacts you first. If someone contacts you claiming to be from a government agency or organization, look up the number for that organization online and call to verify that the person is really an employee.
Remember that you should not be asked to pay to file any disaster assistance applications.
When hiring a contractor…
Beware of contractors who knock on your door offering services because they noticed your home is damaged or are already working in your area. This is a common tactic of scam artists.
FEMA does not approve, endorse, certify, or recommend any contractors, individuals, or firms.
Do not hire a contractor who does not have a physical address or refuses to show ID.
Use a contractor who is backed by reliable references. The most reputable contractors have liability insurance, workers’ compensation and are bonded.
Perform a quick Google search before hiring any contractor. Do they have a website? Have they scammed previous clients? Read any reviews.
Get a copy of your contract in writing from the contractor that includes the work to be done and, ideally, a completion date.
Check credentials with the North Carolina Licensing Board for General Contractors. Any contractor taking jobs costing $30,000 is required to be licensed in North Carolina.
You may wish to request a copy of your contractor’s Certificate of Insurance before they begin work, to ensure that the contractor is legitimate and that you will be covered if the contractor causes any damage to your home.
When making a payment…
Be cautious about paying contractors before they begin work. If possible, wait until the work is finished and you are satisfied before paying. Reputable contractors generally do not expect customers to pay the entire price upfront.
Pay contractors by credit card if you can, so that you can request a chargeback from your credit card company if they fail to do the work or if the work is unsatisfactory.
If you cannot pay by credit card, pay by check or get a written receipt from the contractor – anything to keep a paper trail proving your payments.
If you have been affected by a scam or fraud, you should contact the North Carolina Attorney General’s Office at 1-877-566-7226. Under many circumstances, scams and frauds are a crime. You may wish to contact local law enforcement. You can also contact an attorney to assist you. Call Legal Aid NC to learn if you qualify for free help.
