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Questions Answered by Ben Corcoran
1 Answer | Asked in Real Estate Law and Landlord - Tenant for North Carolina on
Q: How do I find out the P.oA of an inmate? The inmate is detained in Anson Correctional
Ben Corcoran
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Ben Corcoran
answered on Jun 29, 2022

The inmate may have their PoA on file at the local register of deeds, however, most PoAs are not recorded unless necessary. Additionally, it is very likely that no PoA exists for the inmate. The only way to know for sure is to ask the inmate themselves.

1 Answer | Asked in Estate Planning and Elder Law for North Carolina on
Q: 1: I want estate ownership moved to a relative

1: I want estate ownership moved to a relative (great nephew). Estate (house and 9 acres).

2: I want to live in house and maintain yard (1 acre) as it is mine.

3: I want not to show any income increase (capital gain, other).

4: Inheritance Will with rights of ownership at... Read more »

Ben Corcoran
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Ben Corcoran
answered on Jun 27, 2022

It sounds like you need to have a consultation with a lawyer to explain what you want to do and why you are doing it. Because while everything you asked is possible it may not have the effects you intend.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Is my NC filed and registered Power of Attorney valid in Maryland?
Ben Corcoran
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Ben Corcoran
answered on Jun 27, 2022

It should be valid, however, you may need to take additional steps to use it in MD. Ask this on the MD boards rather than the NC board you will get a better answer.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: NC registered mobile home has 2 -1st lien holders on title. 1 died. Will this add his 6 beneficiaries as additl 1st LH

My parents are one of the original 2 first lien holders . Can they release the title back to me or do my parents plus all of the deceased grandfathers beneficiaries which consist of 5 individuals & his church have to all complete the Affidavit of North Carolina Lienholder form MVR-46D in order... Read more »

Ben Corcoran
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Ben Corcoran
answered on Jun 27, 2022

Without seeing your grandparents will and getting a full timeline together of when the events took place I can't answer your question with any specificity.

However, my thoughts are that you should probably try and get everyone to sign.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: If you was given a home to stay in and they said they could never give you the land but I would never be put out

And I have put 15,000 into this home and now a year later my dad's cousin is telling me I have to end of year to be out like is there anything I can do

Ben Corcoran
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Ben Corcoran
answered on Jun 27, 2022

You can do several things; you can sue to have an injunction issued that would prevent you from being evicted. You would have to convince the judge that you were told this by one of the owners.

The second thing you can do is sue for unjust enrichment, basically saying that you have...
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1 Answer | Asked in Probate for North Carolina on
Q: how can i get my name on deed on house inherited after sister passed. nc law says i dont need name on deed

sister had no will. not married and no children.

Ben Corcoran
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Ben Corcoran
answered on Jun 23, 2022

If you want your name on a deed, you will have to file one at the register of deeds. You can do this, but I advise you get a lawyer to draw up the document.

The actual legal transference happens when you probate a copy of her estate in the county where the property is located.

1 Answer | Asked in Estate Planning and Traffic Tickets for North Carolina on
Q: An organization refuses to admit not seeing a sticker on my car for parking, forcing me to pay a “discount”. Legal/Sue?

My apartment complex put a tire clamp on my vehicle because they thought they didn’t see a sticker. I had talked to them about overriding it because it’s there but they claimed the sticker needed to be placed in the front. No instruction was given to me and nowhere on the lease does it... Read more »

Ben Corcoran
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Ben Corcoran
answered on Jun 13, 2022

Send them a copy of your lease, you are not bound by a term that is not contained in your lease. Politely ask them to remove the jack and waive the fine. If they refuse then threaten legal action.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Right of Way on Plat

We found out .2 acres of our lot was not ours. We bought from the owner for a small amount, plus legal fees. The sellers were the developer who sold to individual lots to a construction company. The construction company refused to buy the lot I am writing about. The county required the... Read more »

Ben Corcoran
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Ben Corcoran
answered on Jun 13, 2022

What the County told you is correct, currently, even though there is no road on your lot, every owner in the subdivision has an interest in that .2 acres. You will need to have someone draw up a deed from all other owners and get them to sign to remove that right of way.

1 Answer | Asked in Estate Planning for North Carolina on
Q: If my wife had a will prior to our marriage that involved her ex husband, is it now null and void automatically?

Wife has a will that involves others including her ex husband. We have been married for a few years and recently came across this will. As we are married and have been so for 8 years, is this will automatically null and void or does she need to do through something else in order to cancel it. And... Read more »

Ben Corcoran
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Ben Corcoran
answered on Jun 9, 2022

Depending on the wording of the will, any portion that mentions her ex may be void. However, the best resolution for both of you is that you have new wills drafted. The new will would override the older one and you should be advised on how best to protect your assets going forward.

1 Answer | Asked in Real Estate Law and Municipal Law for North Carolina on
Q: During our appraisal it came to light that there will need to be a few repairs done to the house is the sellers liable?
Ben Corcoran
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Ben Corcoran
answered on Jun 8, 2022

No, the sellers do not have to fix anything, but you have the ability to renegotiate the contract anytime during the due diligence period.

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: When someone dies Intestate and there were children out of wedlock, do they inherit?

My husband and I were married 21 years. During that time he had children with other women out of wedlock. What constitutes those children being legitimate to inherit from him? He isn't on either of their birth certificates. He did pay child support and signed an affidavit while legally still... Read more »

Ben Corcoran
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Ben Corcoran
answered on Jun 7, 2022

Unfortunately in this scenario, all of your husband's biological children as well as yourself are heirs. However, there are some options available to you as the spouse that may cause all of the assets to pass directly to you rather than to all of the heirs.

Contact myself or another...
Read more »

1 Answer | Asked in Real Estate Law for North Carolina on
Q: When both spouses die in a TBE marriage, no will The wife had nothing. Who’s heirs are entitled?

The land came from my grandmother, brought in 1949. Grandmother died with no will and my father inherited all her property, then signed a Tenants By Entirety on the property with his 2nd wife(not my mother)

He died first with no will, then she died later on with no will and, the property... Read more »

Ben Corcoran
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Ben Corcoran
answered on Jun 6, 2022

The biological/adopted children of the wife would be the new owners in the scenario you laid out.

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: Can the Attorney create a original from a copy if witness will sign it again even though Testor is deceased?

We can only find a copy of my grandfather's Will. His attorney has a copy as well but the original was given back to him

Ben Corcoran
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Ben Corcoran
answered on Jun 2, 2022

Without your grandfather's original signature any copy is just that a copy.

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: Dying without a will in North Carolina

If there is no will and the only major asset was a primary residence owned jointly with the surviving spouse, will the surviving spouse be eligible for 100% of the real estate simply because they were jointly on title? All other assets probably worth under $20K.

Ben Corcoran
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Ben Corcoran
answered on Jun 2, 2022

Without seeing the deed I cant say for certain but I would be very surprised if the estate did not pass exactly as you describe.

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: My Mother left 4 burial plots (bought in the 50s) when she passed, which were deeded and registered with the registrar

of deeds. Probate rep agreed these were real estate and not included in probate. Final Accting probate rep says they are included since my Mom's will says executor must liquidate remainder of estate, both real and personal, and distribute assets. If they aren't part of probate, then how... Read more »

Ben Corcoran
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Ben Corcoran
answered on May 31, 2022

Without seeing the will, I can't give a definite opinion on the status of the plots. However, generally speaking, real property will always pass outside of probate unless it is either brought back into the estate to pay bills or left explicitly to the executor in trust.

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
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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
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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
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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
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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
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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 »

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