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Questions Answered by Ben Corcoran
2 Answers | Asked in Real Estate Law for North Carolina on
Q: Do I need an attorney to force a land sale co-owned by me and 3 siblings in North Carolina.

.363 a. Carteret County, NC, house $10,669, land value $246,017. 4 siblings inherited land from their parents. The 4 live in Moore County, NC. No one lives in house. It has been damaged over the years by storms as it is located on Bogue Sound.

Ben Corcoran
Ben Corcoran answered on May 10, 2021

You never NEED an attorney to handle legal processes however, it is highly advisable in situations such as this to hire an attorney to make sure that everything is done properly.

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1 Answer | Asked in Real Estate Law for North Carolina on
Q: I am a part owner of a property that is owned through a trust and I was told by one of the other co-owners

That I need to vacate by 5/31/21.

Said that if we don’t leave they will take legal actions to have me removed.

Is this legal?

Ben Corcoran
Ben Corcoran answered on May 10, 2021

Without being able to read your trust documents I can't tell you what your options are. My advice is that you take a copy of the trust documents to a local lawyer and have them review them. Generally, a part-owner is not allowed to evict another part-owner, however, since the owner is actually... Read more »

2 Answers | Asked in Estate Planning, Tax Law and Probate for North Carolina on
Q: I have a will. Is it also necessary to have a beneficiary designation on file with the manager of my IRA account?

My will covers all of my assets and is not very complex, but the investment company that manages my IRA account has a beneficiary form which doesn't allow the same amount of detail. Upon my death, is it likely that there will be financial, e.g. tax, implications if no beneficiary designation... Read more »

Ben Corcoran
Ben Corcoran answered on May 7, 2021

It will save your heirs some money if you do so. If there is no beneficiary, all of the assets in the IRA will be subject to the audit fees from the Clerk's Office.

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1 Answer | Asked in Real Estate Law for North Carolina on
Q: If a person wanted to apply for a lease but didn't make the minimum income requirement, what could they do?

What would the consequences be for lying about their income to qualify for a place to live, as long as they didn't miss any rent payments going forward. In this situation they don't have any beneficiary that could co-sign the lease.

Ben Corcoran
Ben Corcoran answered on May 6, 2021

Probably the worst that could happen is that the misrepresentation is a breach of the lease and they can be evicted. From there it depends on the lease terms, potentially having to pay court costs and attorney fees.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: I am in contract since February 9th 2021 with a possession before closing contract.

We were supposed to close March 10, then he delayed to March 31, then again to April 6, 9th, 16, and now may 10. We signed the possession before closing and we paid him $2000 for that month of rent his contract never stated rent afterwards and we would have paid had he asked or it had been in a... Read more »

Ben Corcoran
Ben Corcoran answered on May 6, 2021

Without reviewing your contract no lawyer will be able to advise you on whether or not you have a case. You likely have one of two cases here. The first demand performance under the contract (sell you the house) and the second unjust enrichment, for the $30,000 you spent on the kitchen. Take all... Read more »

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: My father passed away. He had nothing except a vehicle worth around $3500. He lived in Florida. Me is NC. I want to se

Car is registered in Florida. I have the title. I keep reading about probate? But there is no estate.

Ben Corcoran
Ben Corcoran answered on May 5, 2021

You would have to probate in FL, and while there may be some lawyers on here that can practice in NC and FL you will have better luck posting in the FL section.

2 Answers | Asked in Real Estate Law for North Carolina on
Q: I have been financially responsible for a home that I am listed on the deed as owner with the right of survivorship.

The co-owner now wants me to sign a quit claim and give her the house with no remuneration. She is in ill health and needs the money and wants to sell but not split the $. I have refused. I currently live in this house with my wife. Is there anything she can do to legally force me out of this house... Read more »

Ben Corcoran
Ben Corcoran answered on May 4, 2021

While Mr. Stanger's answer is specific to California, the law is not that much different in NC. A partition motion can be filed and a court can force a sale, likely you would get 50% of the proceeds but potentially more or less. Should a partition motion be filed it is in your best interest to... Read more »

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1 Answer | Asked in Probate for North Carolina on
Q: how difficult is it to probate my neighbors very small estate, had revies mortage and $800.00 in checking account. with

with out a lawyer she has nothing of value in her home. I want to buy the house for rental. and at this time I do not have money for a lawyer

Ben Corcoran
Ben Corcoran answered on May 3, 2021

For small estates, it is very common for the clerks to assist the administrator with getting everything filed. Talk to the local clerk's office and see if you can open the estate.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: My home builder hasn't started home and is now demanding us to agree to a $50,000 price increase. What should I do?
Ben Corcoran
Ben Corcoran answered on May 3, 2021

I see that you are posting from NV, but in NC, is this correct? If not, you may be getting incorrect advice.

What you should do depends on whether or not you have signed a contract with the builder. If you have a contract in place, then I suggest you demand performance under the contract....
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1 Answer | Asked in Traffic Tickets for North Carolina on
Q: I was going 56 in a 35 after missing signs that speed reduced along a major road. My ticket requires court appearance.

Should I hire a lawyer? How much will that cost? What is the chance that I can get points reduced? What is the chance that I can avoid going to court?

Ben Corcoran
Ben Corcoran answered on Apr 23, 2021

Most lawyers charge around $100 for traffic matters, a lawyer can likely get this reduced to a charge of improper equipment depending on your record. Should you hire a lawyer you will likely not have to go to court.

1 Answer | Asked in Traffic Tickets for North Carolina on
Q: When is it too late to hire a lawyer for a speeding ticket?

I received a speeding ticket in December going 22 miles over and I haven't been able to call a lawyer because the times I am off work, their business hours are closed. I have a little more than a month left before the court date in June.

I don't want it to affect my insurance... Read more »

Ben Corcoran
Ben Corcoran answered on Apr 23, 2021

One day after the court date.

In most counties, this can be reduced to a 9 over, which, if it is your first and you are the only person on your insurance, will not affect your insurance.

1 Answer | Asked in Estate Planning and Real Estate Law for North Carolina on
Q: What happens to vehicles, when land, Inherited in 2011, with said vehicles still on county tax roll, is sold?

The court appointed administrator has not processed the vehicles listed in the estate with the NCDMV. The heirs do not have legal authority to settle the vehicles. They do have ownership of the tract of land and have a contract to sell the land.

Ben Corcoran
Ben Corcoran answered on Apr 23, 2021

You need to talk to the administrator, it is their responsibility to transfer ownership of the vehicles to the heirs. If you do not want to go through the hassle you can leave them there and let the new owner deal with the problem.

1 Answer | Asked in Child Custody and Divorce for North Carolina on
Q: I’m in Nc. I’m trying to buy a house so I can leave my husband, how does that work when your trying to leave to divorce?

I know you have to live apart for a year to file for a divorce and live apart to file for custody of children. I’ve been trying for over a year to find someplace to move to, but because of the size of my family no one wants to rent to us, so I’m trying to buy a house but because I’m still... Read more »

Ben Corcoran
Ben Corcoran answered on Apr 22, 2021

You can buy a house in your name only, your marital status has nothing to do with it. A bank may not lend you money without your spouse joining but that is completely up to the bank.

1 Answer | Asked in Real Estate Law and Probate for North Carolina on
Q: My husband passed away eight months ago before we titled vehicles in my name. They are tagged in MN and we live NC now

We were living in MN and moving to NC when my husband passed away in WI, eight months ago . We didn't have a will and before we could transfer the MN vehicle's to NC he passed away. We no longer have a MN address and our permanent address is in NC. North Carolina said I need MN to tell... Read more »

Ben Corcoran
Ben Corcoran answered on Apr 22, 2021

You and your husband likely became domiciled in NC when you left MN. As such your need to open a probate in NC, you do this by talking to the clerk's office in the county you intended on living in. Once you accomplish this you can transfer the titles to your name. You will have to notify any... Read more »

2 Answers | Asked in Estate Planning for North Carolina on
Q: Deceased lives in different county than said property but same state do I have to file probate in both counties
Ben Corcoran
Ben Corcoran answered on Apr 21, 2021

Talk to the clerk of the county in which you are handling the closing, tell them you need to transcribe the will over to the other county. They will know what you are talking about and help you through the process.

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1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for North Carolina on
Q: Is my landlord allowed to double lease part of our land to another party without notice?

We have lived in our current home for 6 years, recently an acre of our property has been leased out to another party for their horse. We didn't find out intil there were already fence posts in, when asked, the people putting up the fence said that our landlady was leasing the property to them... Read more »

Ben Corcoran
Ben Corcoran answered on Apr 19, 2021

I or any of the lawyers on here would have to read your contract to be able to advise you on this matter.

1 Answer | Asked in Civil Litigation and Real Estate Law for North Carolina on
Q: Can I be evicted before June 30, 2021 under the CDC Care Act, after receiving a notice of non-renewal of lease in March?

Vacate date April 30, 2021.

Ben Corcoran
Ben Corcoran answered on Apr 19, 2021

depends on what they are trying to evict you for, the only evictions that cannot happen right now are for non-payment of rent or fees. If they are evicting you based on the theory that your lease term expired then yes you can be evicted.

1 Answer | Asked in Estate Planning and Family Law for North Carolina on
Q: How would a postnuptial work exactly with a home my grandmother wants to sign over to me?

My grandmother wants to sign over her home to me that is paid for but she wants my husband and I to agree to a postnuptial agreement before she does so because she would not want my husband to touch it in the future. She said she would have to agree to what the postnuptial insisted of exactly... Read more »

Ben Corcoran
Ben Corcoran answered on Apr 15, 2021

You can do a postnuptial if that is what your grandmother requires, or during the conveyance of the property your spouse can join your grandmother and waive all spousal rights to the property. But if those are your grandmother's conditions you can't force her to give you the property.... Read more »

1 Answer | Asked in Construction Law for North Carolina on
Q: How do we pursue a settlement against Lowes for kitchen remodel valued at over $30,000 paid for in full 8 months ago

Lowes sent an unlicensed installer to our house to rip out and install new kitchen cabinets and hood vent system. Various breaches of contract including massively subpar work, theft from our home, dangerous living conditions, multiple violations of code, all needs be ripped out and start over . It... Read more »

Ben Corcoran
Ben Corcoran answered on Apr 13, 2021

Talk to a local lawyer and start the process of filing a lawsuit, this will have to be in superior court and I would not attempt this without professional legal representation.

1 Answer | Asked in Family Law, Estate Planning and Probate for North Carolina on
Q: Mother has dementia, I’m hcpoa, brother named executor upon my dad’s recent death...

My question is does my brother legally control all assets and funds due to my mother having dementia?

Ben Corcoran
Ben Corcoran answered on Apr 13, 2021

Depends on the will or lack thereof, also you are the HCPOA but is there a durable POA also in place for your mother? You probably need to take all your documents to a local attorney and get a more tailored opinion.

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