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Questions Answered by Ben Corcoran
1 Answer | Asked in Criminal Law for North Carolina on
Q: There is a video of me shoplifting. They know who I . I have a felony larceny conviction from 2017. What do I do
Ben Corcoran
Ben Corcoran answered on Oct 27, 2020

Stop posting what can be seen as admissions on public forums, and hope that they do not press charges if they do get an experienced defense attorney.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: My boyfriend owned land in NC left no will deed In his name only. The children do not want the land or pay the delinquen

My boyfriend owned land in NC left no will. The deed In his name only. I have talked to the children and they do not want the land or pay the delinquent taxes due? The city is going to foreclose on the land. If they are willing to gift or sell the land to me what do I need to do to own the land?

Ben Corcoran
Ben Corcoran answered on Oct 27, 2020

You need a deed from all the children and their spouses, and to pay the back taxes, probably to both the city and county. Any NC lawyer can draw up the deed, but it would be advisable to get one more local to ensure that foreclosure proceedings haven't been initiated.

1 Answer | Asked in Probate for North Carolina on
Q: A question on State of North Carolina form AOC-E-204, AFFIDAVIT OF COLLECTION, DISBURSEMENT AND DISTRIBUTION

I am completing State of North Carolina form AOC-E-204, AFFIDAVIT OF COLLECTION, DISBURSEMENT AND DISTRIBUTION. I retrieved a car and household furnishings from my deceased son's apartment the week after he died. The form asks who I received those items from. How should I answer that?

Ben Corcoran
Ben Corcoran answered on Oct 26, 2020

Sorry to hear about your loss, the entity you received those from was the Estate of your late son

1 Answer | Asked in Land Use & Zoning for North Carolina on
Q: Can a landowner who has a easement through my land, to access his land, grant a hunt club permission to use that easeme?

If a landowner has an easement through my land, to access his land; can that landowner grant a hunt club permission to use that easement as they please to hunt his land?

Ben Corcoran
Ben Corcoran answered on Oct 20, 2020

I would have to read the easement in question to be able to answer this. Take what you have to a local lawyer and have them look it over.

1 Answer | Asked in Estate Planning for North Carolina on
Q: Does a will have to be notarized in NC if it has 2 witnesses when signed?
Ben Corcoran
Ben Corcoran answered on Oct 20, 2020

For it to be self-proving, then yes, it must be notarized. I highly recommend that you make your will self-proving as it saves time for your family when something happens to you. I also recommend that you employ an attorney to draft the will as many online versions are minimally sufficient at best... Read more »

1 Answer | Asked in Contracts and Real Estate Law for North Carolina on
Q: My family's home deed has deceased names on it. Does their children inherit their rights to the home?
Ben Corcoran
Ben Corcoran answered on Oct 19, 2020

It depends on many factors, whether or not the deceased had wills, how the property was titled, what the marital status of the deceased was at their death, and who their legal heirs were. I would hire a local NC attorney to answer these questions, and from there, you can proceed forward.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for North Carolina on
Q: Recently, my father granted a 1-acre lot with a house to myself and my two siblings. We learned that my father made a

verbal agreement with our cousin over five-plus years ago to live in the (questionable habitable) house rent-free. We are not interested in being landlords and very concerned about the habitability of the property. We would like assistance with the rights of both parties.

Ben Corcoran
Ben Corcoran answered on Oct 17, 2020

Under your scenario, provided that you are now the owners of the property you have the right to revoke your cousin's ability to live there. There is likely a very minimal landlord-tenant relationship, so I would give at least a 7-day notice and hope that your cousin agrees to moe out otherwise... Read more »

2 Answers | Asked in Estate Planning and Probate for North Carolina on
Q: My parents died within 24 hours, my dad first my mom 2nd. Which will do we abide by? Also one of my siblings

Is deceased and our parents wills only name each other as heirs. Does estate flow to living siblings equally?

Ben Corcoran
Ben Corcoran answered on Oct 17, 2020

In NC, when two people die with 120 hours of each other, they are treated as dying at the same time as each other. Any joint property would pass 50% under one will and 50% under the other will, and any individually owned property would pass per the will. I highly recommend that you hire an attorney... Read more »

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1 Answer | Asked in Banking for North Carolina on
Q: In NC, does it require both signatures to add a 3rd person to a joint account?

I was added to the account in 2017. In 2019, a 3rd party was added but I did not sign to add them.

Ben Corcoran
Ben Corcoran answered on Oct 15, 2020

Depends on the bank's policies, if you are uncomfortable with this, you can withdraw all the money from the account and move it elsewhere. I would talk to the bank about this and see what they say happened.

2 Answers | Asked in Traffic Tickets for North Carolina on
Q: I got a ticket for going 25 miles over the speed limit.

and it says that I have a court date, but am I able to pay it off, and will I get insurance points

Ben Corcoran
Ben Corcoran answered on Oct 15, 2020

You should contact a local traffic lawyer, as you can likely get this plead down to 9 over which will not affect your insurance as long as you have not had any moving violations in the past 3 years. Each county has its own procedures and may or may not plead this down.

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1 Answer | Asked in Tax Law for North Carolina on
Q: I owe 17,000 in back taxes for my county, what can I do to keep from losing my home?
Ben Corcoran
Ben Corcoran answered on Oct 15, 2020

Speak to the county and see if they are willing to set up a payment plan. If foreclosure proceedings have begun, it is likely too late for you to do anything.

1 Answer | Asked in Elder Law for North Carolina on
Q: My house was in reverse mortgage. My daughter & husband moved in with me. Daughter was to inherit the house.

Daughter wanted it out of reverse mortgage.

Asked me to sign a paper to do so. I did,after much

Badgering! Only to find out later it was a quit claim deed that I signed!

Her husband has now evicted me! Do l have any rights ?

They have all household goods also.

Ben Corcoran
Ben Corcoran answered on Oct 15, 2020

You probably have a good argument that the quitclaim deed was signed either under fraudulent circumstances or duress. Either way, you need to contact a local attorney as this is going to take a lawsuit to get fixed. Your lawyer will need to sit down and discuss all of the details to determine what... Read more »

1 Answer | Asked in Estate Planning for North Carolina on
Q: Does the executor have to be a resident of NC, if the will is in NC
Ben Corcoran
Ben Corcoran answered on Oct 15, 2020

No, but you will likely have to post a bond. Many clerks require bonds from out of state executors. If you are planning on doing this, I highly recommend hiring a probate attorney to handle the case as it will greatly reduce the amount of work you would have to do.

1 Answer | Asked in Estate Planning for North Carolina on
Q: My mother has 12 children we all signed to close her estate except 1 child. What happens, Can the estate still be close?

All 12 children signed to opened estate n my brother is the executive. Only 1 Sibling refuse to sign the closing document of the estate because things didnt go their way... What happens

Ben Corcoran
Ben Corcoran answered on Oct 13, 2020

Talk to the clerk; they have likely handled this situation many times before and would be willing to close the estate or do something else to allow you to close the estate. They don't want the estate open any longer than you do.

1 Answer | Asked in Probate for North Carolina on
Q: Grandma just passed. No living children or spouse. Power of Attorney deceased (daughter)

Grandmother just passed and has no living spouse or children left. Her last living daughter was her power of Attorney over her money but she passed away several months ago. Her son I believe was given the role of power of Attorney? when she became ill! As far as I know there is no will. There are... Read more »

Ben Corcoran
Ben Corcoran answered on Oct 9, 2020

I am answering these questions as if your grandmother was residing in NC when she passed, I see you are in TX so I want to make sure that this is correct.

Given the facts you laid out, that your grandmother was not married and all her children predeceased her, then yes the estate would be...
Read more »

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Is a Right of First Refusal Agreement assignable without Grantors approval
Ben Corcoran
Ben Corcoran answered on Oct 8, 2020

Depends on the agreement, most agreements have the ability to assign spelled out inside the agreement.

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: My brother passed away this year, I’m his only sibling, I had the power disconnected, refund check was mailed can I cah

Can I cash it legally?? No will was left, all the mess has been dumped on me to handle. No lawyers are involved either

Ben Corcoran
Ben Corcoran answered on Oct 8, 2020

If you have living parents, and he had not children then all the money would go to your parents before it went to you. Normally you would be required to put the money in an account for the estate and the clerk would oversee it. Contact the local clerk's office as they are the ones that oversee... Read more »

1 Answer | Asked in Employment Law and Military Law for North Carolina on
Q: Am I protected under USERRA?

I am prior service. I met with a national guard recruiter 2 weeks ago and was informed I need to go to meps to swear in. I gave my boss verbal and written notice for both Monday and Tuesday that day and again that following Monday. I worked half a day on Tuesday and went to meps and came back to... Read more »

Ben Corcoran
Ben Corcoran answered on Oct 8, 2020

It is my understanding that you are not protected by USERRA for your trip to MEPS. Unfortunately, you are only protected for the time you are actually serving. I would look at this as a good thing, your employer was probably going to be very difficult once it came time to fulfill your guard... Read more »

1 Answer | Asked in Criminal Law for North Carolina on
Q: Is it illegal to google what the punishment will be for a crime?
Ben Corcoran
Ben Corcoran answered on Oct 8, 2020

No, but should you be charged with the crime, and the search is found it may be used against you as evidence.

1 Answer | Asked in Copyright for North Carolina on
Q: My sister died, without a will, I am her next of kin. How do I acquire the copyrights she had?

She lived and died in MD however she was living in CA when she had materials copyrighted.

Ben Corcoran
Ben Corcoran answered on Oct 6, 2020

The estate will likely be handled in CA and you should post your question there rather than under the NC section of this site.

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