Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Ben Corcoran
1 Answer | Asked in Real Estate Law for North Carolina on
Q: Do NC Dept of Revenue tax liens attach to real property?
Ben Corcoran
PREMIUM
Ben Corcoran
answered on May 17, 2022

Short answer, yes. For the longer answer, the DoR has to complete a couple of steps to attach them, but once those steps have been completed, the liens attach. Consult a local attorney to see if the lien has been attached.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for North Carolina on
Q: My Godmother passed away and Me and her niece are in the will for the house. I want to buy her half does the house have

To go through probate or can I continue with the home loan through the bank?

Ben Corcoran
PREMIUM
Ben Corcoran
answered on May 12, 2022

Unless the house is specifically mentioned in the will that it is to become part of the estate it does not automatically become part of the estate. The executor of the estate will likely have to join in the sale to release any potential interest the estate has but you should do everything in your... Read more »

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: In NC My landlord is requesting I not be home while he walks through and inspects. Do I not have a right to be present?
Ben Corcoran
PREMIUM
Ben Corcoran
answered on May 11, 2022

You have possession of the home, without reading your lease I strongly suspect that you have the right to be there whenever you want.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Can landlord start preparing a house to sell while lease is still valid and active?

Landlord told us May 1st they’re not renewing our lease and we have 30 days to vacate the property so they can put it on the market. They want the house cleaned and ready to list June 1st. Can they start the listing process while we’re still in the home with a valid lease? What rights do we... Read more »

Ben Corcoran
PREMIUM
Ben Corcoran
answered on May 11, 2022

They can start the process whenever they want, but you likely have possession through May 31st at 11:59. They could have sold the house with you still having a valid lease, and all that would have happened was that you changed landlords.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: My step mom passed property in NC (vacation cabin) and her will was in Florida

Her will says everything is to be divided amongst the heir according to certain percentages. The heirs have agreed to sell the cabin to me one of the heirs. Is it possible to have the property transferred to the heirs, then I buy it from the heirs? Paying them the percentage that they own based on... Read more »

Ben Corcoran
PREMIUM
Ben Corcoran
answered on May 11, 2022

When your step-mother passed, this cabin went to the heirs automatically. I do not know FL estate laws, but in this case, NC laws govern the transfer of the cabin. A certified copy of the will and some other documents have to be filed in the county where the cabin is located, and from there, the... Read more »

1 Answer | Asked in Family Law for North Carolina on
Q: What legal rights do I have when it comes to my disabled mother refusing to eat, drink, or take meds?

I believe she is either severely depressed or has the beginnings of dementia

Ben Corcoran
PREMIUM
Ben Corcoran
answered on May 11, 2022

If you think that your mother can no longer care for herself, then you need to file for guardianship of your mother. This is not a simple process and I would encourage you to get the help of a local attorney.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: I co own a paid off property with my sister, will my kids automatically inherit my half when i die?
Ben Corcoran
PREMIUM
Ben Corcoran
answered on May 11, 2022

Depends on the ownership type, but highly likely that it would pass to your children. There are two types of ownership that the land could be under the most common are tenants in common and under that, your kids would inherit. The second is joint with the right of survivorship and in that, your... Read more »

1 Answer | Asked in Estate Planning for North Carolina on
Q: My father passed away and left a will. My sister and I are co-executers. Will states we splint everything 50%.

My sister took a large sum of cash out of a safe after my father’s death. Am I entitled to the 50%?

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Apr 21, 2022

Yes and no, the cash would have been an asset of the estate, and you would have to pay an audit fee on it. But that fee is relatively minimal, so you are entitled to almost 50% of the cash.

2 Answers | Asked in Estate Planning and Real Estate Law for North Carolina on
Q: If a parent dies and has no will and her only son is incarcerated can the sons wife become the executor of the estate?

His aunt is trying to do it but has not gotten the paperwork done yet

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Apr 20, 2022

In the first 90 days after death, it is open to heirs only. After 90 days, any interested person can apply to administer the estate. Because the son is incarcerated, he would be disqualified from acting as the administrator, and if an objection is raised, the estate will likely be given to the... Read more »

View More Answers

1 Answer | Asked in Family Law and Probate for North Carolina on
Q: How to 'fix' transferring funds from deceased checking account? (North Carolina)

Just before my father passed, he and I set up a savings account online with me as a joint owner.

We neglected to add me on the checking account.

The day after he passed, a check auto-deposited in the checking account. Thinking I was joint on both, I transferred the money to the... Read more »

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Apr 18, 2022

The funds in the checking account at the time of death are part of your father's estate. Because this money was transferred after death, it becomes much harder to determine the ownership. To access the account, you will have to go through the probate process and be appointed the personal... Read more »

1 Answer | Asked in Adoption, Family Law, Estate Planning and Probate for North Carolina on
Q: My grandfather died without a will and I was adopted, do I need the adoption papers?

My grandfather died without a will and he owns the house and has a sizable bank account not in my name. He has no heirs other than me. What do I need to do to get them in my name. I was adopted by my biological grandma and he was married to her the moment she passed away and continued to raise me.... Read more »

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Apr 14, 2022

There are a couple of questions that will need to be answered before I can give you specific advice. Did your grandfather adopt you as well? And second, are you biologically related to your grandfather? If you can answer yes to either of those questions, you can likely get his assets transferred to... Read more »

1 Answer | Asked in Real Estate Law and Construction Law for North Carolina on
Q: If a home has 2 dogs which are constantly outside, do they need a fence between our houses? Legally speaking.

We have issues with our new neighbors as their fence is between our properties and its in a very bad shape, their dogs constantly pushing the boards towards our yard and we're worried they will end up yet again in our yard as they already did before. No civilized communication is possible with... Read more »

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Apr 11, 2022

Without research into your local ordinances and codes, I can't answer whether or not a fence is required. But I would be surprised if it was. However, failure to keep the dogs on their property would likely be considered a trespass and could be punished under criminal or civil sanctions.

1 Answer | Asked in Uncategorized for North Carolina on
Q: Wife died months ago. The house we purchased together. I just paid it off. Her daughter claims she is going to take it

I recently told her I wanted her out of the house. She says that she can take it from because I signed a paper stating when me and her mom died she got the house. I just want her and her man out of my house so I can have some peace.

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Apr 5, 2022

Without seeing the documents in question I don't know for sure, but it sounds like you are likely the sole owner of the house and you can evict your daughter whenever you want.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for North Carolina on
Q: My father died last year and assigned his house over to me legally before he died. However, he did not leave a will

How can I get the vehicles off my property with out trying to take claim of them through becoming an administrator of his estate or possibly doing an mvr-317? Can I try to get an abandoned title since they have been on my property longer than 30 days? Can I just have them hauled off at worst? What... Read more »

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Apr 5, 2022

A bond for this small of an estate would be pretty small, additionally, if you are on good terms with your family they can waive the bond. This may be the best way to handle the matter as it will be quicker. Alternatively, you can apply for an abandoned title. Most scrapyards require you to show... Read more »

1 Answer | Asked in Traffic Tickets for North Carolina on
Q: Got pulled over doing 71 in a 55, can i appeal for a reduction?

Hi, i was pulled over doing 71 in a 55. When his lights turned on i immediately looked at my speedomte and mine said 69. He was also hidden, it was a back road that was pitch black that i have only ever driven on once before, and in the pitch dark out of nowhere his lights turned on and he pulled... Read more »

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Apr 5, 2022

While I don't know what Wiliminton's DA's policy is, it is highly likely that if you hire a local attorney they can plea the ticket down to a level that will not affect your insurance. Generally speaking this costs somewhere between 100-150 and then you have fines and court costs on top of that.

1 Answer | Asked in Estate Planning for North Carolina on
Q: I thought a widow of someone who dies would be apart of that persons estate.

was told today that the children are the only Heir.

In 2019 the elderly mother died with out a will, then in 2020 the adult son, of the mother, died with out a will and in 2021 the elderly father died without a will. there is a surviving widow to the son, and three adult children to the... Read more »

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Apr 1, 2022

Without seeing everything, it is possible that the son did not inherit anything. All of the mother's assets may have passed outside of probate to the father, so the son would not have received anything. Then when the father passed, the widow was not part of the father's estate. The three... Read more »

1 Answer | Asked in Real Estate Law for North Carolina on
Q: I had my apartment management tell me I can leave in 30 days and my lease isn't up, is this possible?

I never cause legal problems and I never missed a rent payment. he got mad because I told them they was rude and don't let people talk because they talk all over you. I never cursed at them because they are older. how can someone do this. he is allowing me to stay until the end of my... Read more »

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Mar 31, 2022

Without seeing your lease, I cannot say whether or not your landlord is allowed to terminate your lease. Retain an attorney to review the lease and advise you on your options.

1 Answer | Asked in Bankruptcy, Foreclosure, Real Estate Law and Collections for North Carolina on
Q: I added wife's name to deed in NC a year ago. Can an unsecured creditor of my wife attach a lien or sever TBE.
Ben Corcoran
PREMIUM
Ben Corcoran
answered on Mar 30, 2022

Without reviewing the documents I cannot give a definitive answer, but as a general rule, a claim against only one party is ineffective against TBE in NC.

1 Answer | Asked in Civil Litigation, Gov & Administrative Law and Probate for North Carolina on
Q: Our 100+ yrs old family cemetery is kept by our assoc. What are rights re sale of property it's on?

We have a nonprofit family association. Land doesn't have deed. Widow of property wants to sell. What are our rights? Cemetery is in NC

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Mar 28, 2022

Without reviewing the documents, I couldn't advise you on your options. Please contact a local lawyer to the property and have them review all the documents and give you a full legal opinion.

1 Answer | Asked in Probate for North Carolina on
Q: I am now an heir to grandparents property and assets, however, deeds may have been mishandled. How can I recv my share?

A family member forged signatures and/ or lied claiming to be sole heir and took possession of property deeds. Now, all land and money matters have been placed on hold but currently, no lawyer is involved to help resolve matter so I'm not sure why matters are on hold or cannot be touched or... Read more »

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Mar 24, 2022

Hire a local lawyer to assist you, this sounds like a very complex issue that will need the specific knowledge that a lawyer will provide.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.