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North Carolina Questions & Answers
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
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.

2 Answers | Asked in Bankruptcy and Tax Law for North Carolina on
Q: In nc I owe state taxes and federal taxes back from 2016 & 2017 can I file bankruptcy for these back taxes and all my db
W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on May 16, 2022

Certain types of taxes are dischargeable in bankruptcy, IF you have filed a tax return showing those taxes as due longer than two years and four months prior to the date you file for bankruptcy relief.

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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
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
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
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
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
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
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 Divorce for North Carolina on
Q: I am currently trying to settle equitable distribution on my divorce. Our major asset is the home.

My husband is allowing me to buy him out. All assets, including the home, value was determined based on date of separation. I paid for the date of separation home appraisal, as instructed to by my lawyer. Now with the home prices fluctuating, the value of the home is being challenged by my... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on May 2, 2022

It would seem that these questions should be directed to your current attorney. That said, if I was representing your husband I would certainly make sure that your buyout reflected the current value of the home.

The gain in value of the home since the date of separation (through passive...
Read more »

2 Answers | Asked in Family Law and Probate for North Carolina on
Q: My sister and I own a house in North Carolina. My sister passed away. Do her children have any ownership in house.
Anthony M. Avery
Anthony M. Avery answered on Apr 29, 2022

Hire a NC attorney to search the title. It is very possible that both of you owned as Tenants In Common, such that her issue take her one/half interest as Heirs.

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1 Answer | Asked in Immigration Law and Divorce for North Carolina on
Q: Divorce during a conditional GC

My conditional GC expires in December this year and I would need to remove the conditions 90 days before it. We have been married since almost 3 years and the marriage certainly was in good faith and we both hoped this will last forever.

However, since past year the marriage has been going... Read more »

Agnes Jury
Agnes Jury answered on Apr 28, 2022

It would be best if you were divorced by the time you have to apply to remove the condition or soon thereafter. There is language that can be used as part of the divorce to improve the chances of your removal of condition being granted so I would recommend you consult with a family law attorney who... Read more »

1 Answer | Asked in Consumer Law for North Carolina on
Q: I’m trying to refinance my car loan and the person that co-signed for me will not sign the release form
Lynn Ellen Coleman
Lynn Ellen Coleman answered on Apr 27, 2022

Unfortunately, you cannot compel your co-borrower to cooperate with refinancing the car. I assume their name is also on the title. This means they own half of the car, and are equally liable for the loan payments. You also cannot compel them to sign any paperwork to sell the car if they do not want... Read more »

1 Answer | Asked in Divorce for North Carolina on
Q: If in my divorce decree if it states , plantiff understands that she is forever discharging any claim against defendant

Or any equitable distribution or martial property by obtaining the divorce prayed herein, can she come back now and make me sale my house and give her half?

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Apr 27, 2022

They shouldn't be able to, unless her name is also on the deed. From your question, you indicate that is it "my" house so it doesn't seem like she is an actual owner.

1 Answer | Asked in Consumer Law and Collections for North Carolina on
Q: I'm being sued by a debt coll There is one account# on the complaint and An alternate account # was used as evidence.

The file from orig creditor has the account# in the complaint & an alternate account#. There are statements attached for each account. Can I be sued for both accounts if only one is named in the complaint? There is no evidence on how the other account# came about and the credit card agreement... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Apr 26, 2022

You can be sued for anything - the question is, how much do you really owe? An attorney definitely needs to review your paperwork. The difference in account numbers and incorrect credit card agreement may give you legal defenses. It is the creditor's burden to prove that you owe a certain... Read more »

1 Answer | Asked in Consumer Law and Small Claims for North Carolina on
Q: If someone received a mislabeled package that was intended for someone else in a different state, is it larceny?

Sold an item on eBay to a recipient in Ohio, but the item was mislabeled and sent to a previous customer (Facebook marketplace) in North Carolina. The NC person reached out to me over facebook messenger stating they have the package. They initially agreed to send it out to the correct person... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Apr 26, 2022

If the name on the label was theirs, this is most likely not a crime. You mistakenly labeled the package. You could always try and file a police report, Depending upon the value of the item you may choose to sue the party in small claims court. The lawsuit would have to be filed in the county where... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for North Carolina on
Q: I am the executor of my fathers estate, in process of selling his house. Have received offer

Full asking price at over 90% tax value. Do I need all 6 heirs permission to accept? There was no will and there are no liens. Correction: administrator, not executor

Anthony M. Avery
Anthony M. Avery answered on Apr 25, 2022

If there is no Probated Will then you are not the Executor. You are probably the Administrator and I would advise the purchaser to require the Deed to be executed by all Heirs (who actually own the real property).

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
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

Beverly A Stull
Beverly A Stull answered on Apr 20, 2022

If there is no will, anyone can apply to be an Administrator; there is only an Executor if there is a will. But the son will be notified and can object to it.

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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
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
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 »

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