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Questions Answered by Ben Corcoran
1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: My dad passed away recently. My mom filed out Application & Assignment of Year's Allowance.

This has been granted through the courts. How does she access this money & what can it be used for?

I don't understand where the money comes from (all that we have listed on the form is cars/boat/personal property). All bank accounts were joint. Is this money that she can get to... Read more »

Ben Corcoran
Ben Corcoran answered on Jan 14, 2022

Without seeing the actual order, I cant tell you how to access it. Generally speaking, you would take a certified copy of the order to the bank or other entity and that would allow her to withdraw the money or transfer the interest. But once she has the money it is her money.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: husband & brother inherited beach property at Ocean Lakes in SC one wants to sell the other wants to buy him out.

husband & brother inherited beach property at Ocean Lakes in SC one wants to sell the other wants to buy him out. we lease the land so it's not real estate because it's a camper with an addition built on to it (house) and a golf cart/storage building. It's worth $170,000.... Read more »

Ben Corcoran
Ben Corcoran answered on Jan 4, 2022

I suggest that you post this in the SC section of the site, right now you are in the NC section and most lawyers cannot legally give advice outside of their state.

1 Answer | Asked in Estate Planning for North Carolina on
Q: Moms estate she passed . In nc do I have to have an estate account opened to pay off mtg

Also what can I do to have funds of proceeds to where I can use for other living arrangements without hurting my disability benefits? With times now can’t afford to loose them. It is in probate now I am the administrator.

Ben Corcoran
Ben Corcoran answered on Dec 9, 2021

You have touched on multiple different topics that would need specific information from you to answer. My advice is to find a local estate planning attorney and talk to them so that they can provide you with a more complete answer that this board could not.

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for North Carolina on
Q: I’m in need of a lawyer that handles family estates, but I’m unsure of what type of lawyer I would need please advise?
Ben Corcoran
Ben Corcoran answered on Dec 6, 2021

Any lawyer can assist with an estate, however, I would advise hiring one that specializes in estate planning/probate.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: I live in NC and I owned my house before I was married. Can I sell it without her permission?
Ben Corcoran
Ben Corcoran answered on Dec 6, 2021

If you are currently married, unless you signed a free trader agreement or some other form of prenup, no you cannot sell the property without your spouse joining the sale.

1 Answer | Asked in Probate for North Carolina on
Q: If a beneficiary is married and dies before they inherite, does the spouse inherite. They have no children.
Ben Corcoran
Ben Corcoran answered on Dec 2, 2021

Depends on how close together the deaths are, and whether or not wills are in place for both parties. Bring everything to a local estate planning attorney and ask them for their opinion on how to proceed.

1 Answer | Asked in Estate Planning for North Carolina on
Q: I am an Executrix over my brother’s will but he resided in Virginia and I live here in North Carolina.

How do I decline Executrix because of my health and the will was done in 1998. At the time his daughter was a minor but she is an adult and her name is on the will as well. My oldest sister was the actual Executrix but she passed away and then I was next. What do I need to do to decline being... Read more »

Ben Corcoran
Ben Corcoran answered on Nov 29, 2021

You will likely have to post this question in the Virginia section of this site to get an answer. While some attorneys here may be authorized to practice law in both states most are NC only.

1 Answer | Asked in Contracts and Real Estate Law for North Carolina on
Q: In 2017 owner financing documents were drawn up for of property. Both Grantors passed away. Now what happens?

In 2010 my husband moved here with his girlfriend and they signed a hand written owner financing agreement with her parents. They married in 2013. She passed in 2015 and he adopted her girls which wasn't finalized until 2016. In 2017 they drew up legal documents on the purchase and owner... Read more »

Ben Corcoran
Ben Corcoran answered on Nov 29, 2021

Without seeing the recorded documents, I couldn't give any opinion as to what could happen. But I suspect that they cannot void the contract, and your husband can refinance. My advice is to have a local real estate attorney look at the documents and give you a formal opinion.

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: How do we handle creditors who want the inventory information in order to settle accounts for less than 50%?

We have about 23,000 in the estate account to pay creditors. We are not selling the house willed to us because my husband and I live their with our kids. There is about 53,000 worth of debt. Medical, 1 credit card, and 2 home improvement loans. Some of the creditors wants a debt to asset ratio in... Read more »

Ben Corcoran
Ben Corcoran answered on Nov 15, 2021

This sounds like a very technical question that I couldn't answer without seeing all of the paperwork. My advice is that you get all the paperwork in front of an attorney and let them advise you more completely.

1 Answer | Asked in Family Law for North Carolina on
Q: my grandfather left me a handgun when he died but it's not in writing and my aunt won't give it to me. How can I get it?

My father, grandmother, and a few other family members heard him say first hand it was meant for me before he died

Ben Corcoran
Ben Corcoran answered on Nov 15, 2021

Unfortunately what you are describing is a gift and a gift is not complete until you receive it. Since the handgun was never transferred over to you you never received the gift. If there are no other facts this is how a court would view this matter.

1 Answer | Asked in Estate Planning and Civil Rights for North Carolina on
Q: My grandfather wanted me to have his truck when he past away. And now my grandmother will not give it to me.

He called me to his house about two months before he past away. My grandmother was in the same room in heard the conversation. He wrote out a letter in everything explaining where the truck goes to. So when he past away she put the title in her name, and will not let me have it knowing where her... Read more »

Ben Corcoran
Ben Corcoran answered on Nov 15, 2021

Unfortunately what you are describing is a gift and a gift is not complete until you receive it. Since the title was never transferred over to you you never received the gift. If there are no other facts this is how a court would view this matter.

If your grandfather had left it to you in...
Read more »

1 Answer | Asked in Real Estate Law for North Carolina on
Q: If the buyer’s agent didn’t turn in amendment changing purchase price and the seller received more at closing, who owes

Each party received a HUD prior to closing. Buyer’s agent never submitted amendment to attorney changing the purchase price. The amendment was signed by seller and buyer. The seller received more proceeds at closing than they should have. Who would owe the buyer?

Ben Corcoran
Ben Corcoran answered on Nov 4, 2021

If the Buyer's agent was responsible for turning in the amendment then my first response would be them, with a secondary responsibility to the seller. However, I can see several scenarios where the buyer and seller signed documents that assented to the unamended contract again.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: If 2 houses are one one lot and someone is buying both houses should there be 1 offer to purchase contract?

Buyer wants to treat the houses separately but I don't think that is possible without subdividing the lots.

Ben Corcoran
Ben Corcoran answered on Nov 1, 2021

You are correct you must subdivide if they insist on buying them separately.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: I have one lot with two houses, buyer gave me an offer to purchase on each house, it is not subdivided, should it be 1?

What are the ramifications of selling each house separately on the same lot? I do not plan to subdivide the lots.

Ben Corcoran
Ben Corcoran answered on Nov 1, 2021

You do not sell houses you sell the land that they are affixed to, so in this case, you would be selling one tract that has two houses on it.

Ask for them to give you an offer for both houses and they can subdivide if they so choose.

1 Answer | Asked in Construction Law, Contracts, Consumer Law and Real Estate Law for North Carolina on
Q: In NC is it a Breach of Contract if your home Builder building on your lot, stops building, and extorts you for money?

Builder has provably breached contract multiple ways & attempting to now extort us by stopping work & attempting to bilk us out of money for materials purchased to FIX their negligece. They are doing so under the false pretense that this is lumber covered in the contract as "lumber... Read more »

Ben Corcoran
Ben Corcoran answered on Nov 1, 2021

Without seeing all of your paperwork, no lawyer is going to be able to give you an informed opinion. Take everything to a local lawyer and have them look it over.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: My Sister and I inherited a farm. She has aquired medical bills due to cancer. If she passes can they take her part?

Can she put it in her Sons name, or sell it to him for $10.00?

Ben Corcoran
Ben Corcoran answered on Nov 1, 2021

Depends on how the land is currently owned, without seeing the current deed or will that left it to you I couldn't answer whether or not the estate could force a sale.

As to the part about her gifting it to her son or selling it for far below market value, once again I would have to...
Read more »

2 Answers | Asked in Real Estate Law for North Carolina on
Q: I need know what options a house that is jointly owned with an ex-fiance now. Neither of us can buy each out

been separated for 2 years now, she continued in the house, moved in a guy and now is married. Neither one of us has established great credit and she no longer works. She is getting behind on payments and its dragging my credit down

Ben Corcoran
Ben Corcoran answered on Oct 28, 2021

You can file for a partition sale, speak to a local attorney about doing that and bring them as much documentation as possible.

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2 Answers | Asked in Real Estate Law for North Carolina on
Q: My Ex owes me 25% of property value. It has been over 7 years and he has not sold it. How can I get my money?

My Ex and I split up and put 24 acres in his name. The Lawyer wrote a promissory note stating that he would pay me 25% of the proceeds when sold. At the time we already had an offer on the land. He found that the IRS put a lean on land once it went in his name and he decided not to sell it.... Read more »

Ben Corcoran
Ben Corcoran answered on Oct 26, 2021

Without seeing your promissory note I cannot offer specific advice but, you may be able to foreclose on the note and get your money. Take all documentation to a local real estate attorney and have them look at everything and give your more specific advice.

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2 Answers | Asked in Divorce and Estate Planning for North Carolina on
Q: Divorced 2 years ago, wife awarded home in divorce -she never took the house out of my name-she died…no will. Is it stil
Ben Corcoran
Ben Corcoran answered on Oct 21, 2021

Without seeing the divorce decree and your deed I cannot give specific advice. You and your ex-wife likely owned the land in tenancy by the entireties in the deed. And when the divorce was finalized that was automatically converted into tenants in common. So you may be a 50% owner of the property... Read more »

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2 Answers | Asked in Probate for North Carolina on
Q: A woman I know is getting inheritance and her lawyer is telling her she has to have beneficiary to be able to get her.

He want my Social Security number .I don't want to do that.Can you advise me?

Ben Corcoran
Ben Corcoran answered on Oct 20, 2021

Ms. Whitehurst is correct and this does sound suspicious. The only thing that I would say is that setting up a beneficiary to an inherited IRA or stocks is part of the normal setup process, but absolutely can be skipped.

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