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Questions Answered by Ben Corcoran
1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: We've sub-let part of our rented home to another person, can we evict her if she refuse to vacate when contract ends?
Ben Corcoran
Ben Corcoran answered on Jan 13, 2021

Provided that you were allowed to sub-let in your contract with your landlord, then yes, once your lease with your tenant expires, you can evict her.

1 Answer | Asked in Estate Planning and Tax Law for North Carolina on
Q: Executor will not release fed and state tax returns from estate to heirs. Deceased died august 2016 and estate 5

heirs all related to deceased and estate no settled estate and trust raleigh nc

Ben Corcoran
Ben Corcoran answered on Jan 13, 2021

If you are unsatisfied with how the administrator is handling the estate, you need to speak to the clerk's office. The clerk's office would probably like to close this estate and will be willing to lean on the administrator some to assist you.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: If there are 3 sellers on a property in N. Carolina and it sells who decides how the money is divided?
Ben Corcoran
Ben Corcoran answered on Jan 12, 2021

Depends on the ownership interest of each seller, the proceeds are divided between the owners per their respective interest in the property. Look to the deed or will to determine ownership interest if there is none specified then it is equal ownership.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Does my sister co-own a mobile home on my property in North Carolina?

My mother deeded a tract of land to me in 2015, keeping a life estate for herself. She died in 2019. The tract includes a double wide mobile home, valued at $90,000.00. The deed does not mention the mobile home.

MY MOTHER LEFT NO WILL, and the title to the mobile home is lost. The title... Read more »

Ben Corcoran
Ben Corcoran answered on Jan 11, 2021

If the mobile home is still titled, and your mothers will left everything 50/50, then yes, your sister owns half the mobile home.

1 Answer | Asked in Estate Planning for North Carolina on
Q: Hello, I just turned in my 90 day inventory to my local NC clerk of court;

They advised i wait for a few months to see if any debits or credits come in. I did the 90 day notice to creditors.I didnt mail or hand deliver any notices but i did call local social services and sent the Social Security admin a copy of the death certificate. My question is is there a certain... Read more »

Ben Corcoran
Ben Corcoran answered on Jan 8, 2021

As the administrator of an estate, you have a duty to notify any known creditors of the deceased passing and if you fail to do so they can ignore the 90-day notice. The 90-day notice is only for unknown creditors. I would not close the estate until you have notified any known creditors.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: I recently backed out of a purchase of a condo in the State of North Carolina.

I signed paperwork online but tole my realtor to hold the papers til I could come in and review what I signed and possibly remove a signature or revise what I signed. I also held my earnest money (but was willing to pay) and hold my due diligence until paperwork was reviewed (also willing to pay).... Read more »

Ben Corcoran
Ben Corcoran answered on Jan 6, 2021

Since you instructed your realtor not to send the signed papers over, and they did, then you likely have a case against them. I would advise that you speak to a local real estate lawyer, preferably one who also does some civil litigation. They can give you a better idea of your options. I suspect... Read more »

1 Answer | Asked in Estate Planning for North Carolina on
Q: Can court appointed administrator of estate have a judicial sale

I inherited land and house from a neighbor. Clerk of Court appointed administrator. Property is paid in full.. no mortgage. I know debt is minimal compared to value of estate. Can administrator have a judicial sale of whole estate? Could a couple acres be sold instead to cover debt? I'm in... Read more »

Ben Corcoran
Ben Corcoran answered on Jan 6, 2021

Yes, both options are possibilities. My advice is to speak to the administrator and see what they are planning on doing and see if they are willing to take your wishes into account.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: If I put a parcel of real estate in an LLC in North Carolina, and fail to pay property taxes, can assets outside the

LLC (real estate, bank deposits) be seized? Or are only assets inside the LLC at risk?

Ben Corcoran
Ben Corcoran answered on Jan 5, 2021

Generally, this depends on how you have treated your bank accounts. Many owners of LLCs use the LLC account as a personal account as well. If you have done this, it is possible to "pierce the corporate veil" and go after personal assets.

There are other ways to accomplish this as...
Read more »

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Can I be forced to accept real estate transferred to my name without my permission?

In 2015, without my knowledge or permission, my mother transferred a tract of land with mobile home to my name. I did not learn of this until late September, 2020, a year after my mother's death. I do not want this land, and do not want to go through the hassles of selling it.

The... Read more »

Ben Corcoran
Ben Corcoran answered on Jan 4, 2021

I would personally contact a local realtor and sell the property; this will be the simplest way to get this property out of your name. While you could probably roll back the transfer, it would cost a fair amount and be much more complicated than selling the property.

A third option is to...
Read more »

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: I got an email stating my lease will not be renewed and I must be out in 30 days. They want to remodel.

Is the legal during the pandemic?

They still expect me to pay this month's rent and have a deposit & first months rent in 30 days for another place. Is there any protection during COVID-19 at this time for tenants?

Ben Corcoran
Ben Corcoran answered on Jan 4, 2021

There is nothing that requires your landlord to renew your lease in any of the pandemic laws. Unfortunately, there are little to no protections for tenants whose lease has expired.

1 Answer | Asked in Small Claims for North Carolina on
Q: The person sold me a trailer and failed to transfer the title and won't pay the fees to send it in. This is in NC.

I bought a boat and trailer in NC. The person who sold me the boat and trailer failed to send in the trailer title to be transferred to his name. When he sold me the boat he gave me a bill of sale and said that was enough to get the title under my name. When I went to the DMV they said that they... Read more »

Ben Corcoran
Ben Corcoran answered on Jan 4, 2021

You can threaten to sue or actually sue. Both of these actions might induce him to act as he should.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for North Carolina on
Q: A home in Watauga County NC. House was built within 2-3 feet of the property line.

My mother passed. According to two surveys Her 30+ year old home sits 2-3 feet from property line. Small porch sits 2-3 feet over property line. Watauga County building department says state law calls for a five foot setback. If I acquire the property can I remove the current home and build back... Read more »

Ben Corcoran
Ben Corcoran answered on Jan 4, 2021

Without looking at the Watauga County Codes, I can say that you will almost certainly not be allowed to rebuild the house. However, you may be able to claim adverse possession on the area that you thought was owned, but the surveys show was not. Speak to a local real estate lawyer and see what your... Read more »

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: When landlord sales property and has given tenant written notice to vacate (30) days,and tenant refuses to vacate what

What can be done

Ben Corcoran
Ben Corcoran answered on Dec 30, 2020

Depending on the lease, the new Landlord can then file for eviction after the 30 days expires. I would have to review the lease to answer this question with more specificity.

1 Answer | Asked in Estate Planning for North Carolina on
Q: Does the Alabama Trust Code Section 19-3B-402 A.(5) preclude the Settlors of an Alabama revocable trust from being the

trustees and the beneficiaries of the trust during their lives and their children from being the trustees and beneficiaries of the trust after the death of the Settlors? If not, explain why.

Ben Corcoran
Ben Corcoran answered on Dec 30, 2020

This is posted under the NC section and you might get a response from a lawyer barred in Alabama but most of the view will be from NC lawyers who likely cannot legally answer the question.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: How do I evict my nephew from my home for not paying rent in a year?

He was wanting to purchase the property and at one time I had considered it but have changed my mind it is the only thing I own. He is aggressive and says we had a verbal agreement. Is that a binding agreement I never gave him exact amount or had it appraised.

Ben Corcoran
Ben Corcoran answered on Dec 29, 2020

I would have to speak with you about what the verbal agreement may have been, but if you want to evict go down to the local magistrate's office and file an eviction. Speak to a local lawyer to get a better answer about the verbal agreement and eviction options.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: My landlord won’t renew my lease and tryin to bribe me with a uhaul and hotel to move in two days

I have it on recording wat do I do

Ben Corcoran
Ben Corcoran answered on Dec 29, 2020

Your landlord is likely under no obligation to renew your lease. If they are unwilling to renew I would probably accept the offer of a Uhaul and hotel and find a new place to live.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: i live in nc. a home was left to my brother and i. can i force my brother to sell as i don't want to live there.

my brother, sister and i were left a house in nc by my dad who passed away in nov 2019. my sister had a 1/3 share. my brother bought my sister out. he now owns 2/3 of the house and i own the other 1/3. i'm getting ready to graduate shortly and want to sell my 1/3 of the estate.

my... Read more »

Ben Corcoran
Ben Corcoran answered on Dec 29, 2020

You can absolutely force a sale, also your brother has an obligation to you to not damage the house. You have all the rights that your sister had, the fact that he now owns 2/3 has no bearing on your rights. Speak to a local lawyer to see about starting the process for both of these issues.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Lot in NC is in name of deceased person in Germany. In will she bequeathed property to sole heir, her daughter.

Will her German will need to be probated in NC or can a deed be done to place property in name of daughter without probate? The daughter lives in Germany. Can the daughter just convey the property to a third party without having it go to her name first? What steps should be taken?

Ben Corcoran
Ben Corcoran answered on Dec 11, 2020

Under NC law a will can transfer property and foreign wills are valid. What you will likely need to do is get a copy of the will formally transferred to the County where the land is located. From there a deed can be drawn from the daughter to a third party. Speak with a local lawyer in that county... Read more »

1 Answer | Asked in Real Estate Law for North Carolina on
Q: I want to gift a Property with a mobile hone on it . What do I need to do?
Ben Corcoran
Ben Corcoran answered on Dec 9, 2020

If all you want to do is transfer the property, talk to a lawyer, and have them draw up a gift deed.

However, if you also intend to transfer the mobile home, it gets more complicated. Most mobile homes are still legally classified as personal property. To transfer the mobile home, you...
Read more »

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: I.rent a house that has a storage building about 50 yards from the house my landlord want 200 extra dollars for rent so

I cannot afford 1000 rent fir the house and 200 for the building my problem is he and his friend hang out in the building almost everyday its drug u g me crazy is this legal

Ben Corcoran
Ben Corcoran answered on Dec 3, 2020

It depends on your lease, but it definitely sounds like your landlord may be violating your right to quiet enjoyment. Go see a local lawyer and have them review the paperwork and give you their opinion of your options.

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