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Questions Answered by Ben Corcoran
1 Answer | Asked in Real Estate Law for North Carolina on
Q: what if a minor turns 18 while family is renting? I live in a apt complex and my son will be 18 in August

He is still in school. He is a senior now. My landlord told me when he turns 18 they need to run his credit etc to see if he qualifies to put him on the lease but he is already on the lease

Ben Corcoran
Ben Corcoran answered on Jun 11, 2021

I advise my landlord clients to put any person residing in the home over the age of 18 on the lease. I think this is what your landlord should do to protect themselves.

1 Answer | Asked in Estate Planning and Civil Litigation for North Carolina on
Q: My stepdad died last year, he did not have a will. Can his two sons taker her to court and sue her?

He left her the money and the cars. One son took her to court already, can he do it again? Also, the middle son is threatening to taker her to court as well. What can she do?

Ben Corcoran
Ben Corcoran answered on Jun 2, 2021

Without seeing the bank account information and car titles I can't guess as to the ultimate outcome of the suits, but you can sue anyone for anything. I am guessing that the bank accounts were joint with right of survivorship accounts and if so then they pass outside of the estate, the car is... Read more »

1 Answer | Asked in Real Estate Law and Land Use & Zoning for North Carolina on
Q: Do i have rights to stay on land?

My father passed away. I have a home in front of his and have been living here for 25 years. My stepmom still lives behind me in their home, and now the land is in her name. Can she make me move or do I have rights to part of the land that my home is setting on?

Ben Corcoran
Ben Corcoran answered on May 27, 2021

Without looking at the deeds, I cannot give you a definitive answer, but based on what you said, I suspect that you have no right to live on the property should your stepmother revoke permission.

1 Answer | Asked in Estate Planning and Real Estate Law for North Carolina on
Q: My father died in 2018 and had a will. I am executor of the estate. I'm still paying the mortgage for the house.

How do I get the mortgage in my name?

Ben Corcoran
Ben Corcoran answered on May 17, 2021

Talk to the bank and get it refinanced into your name, unfortunately, this will cost some money but the bank will likely eventually force you to do this or pay it off fully.

1 Answer | Asked in Probate for North Carolina on
Q: In NC can a girlfriend of over 20yrs inherit anything from partner who has died? He had property and has a bank account.

His sister has taken over the house and everything. The car was to go to me and my name is on title. There is no will. It is like I don't or never existed. They have been using his money.

Ben Corcoran
Ben Corcoran answered on May 17, 2021

Without seeing the car title and bank information, I cannot answer your question fully. However, the likely answer is that no, you will not inherit anything. Since the car was at least partially titled to you should still have an interest in that. The bank accounts ownership depends on how they... Read more »

2 Answers | Asked in Estate Planning and Real Estate Law for North Carolina on
Q: I own 1% of my father's house for tax purposes upon death. He wants to transfer house to me now.

Is this allowed? Is there a certain number of years that have to pass for this to be legal and the nursing home not get to claim his house?

Ben Corcoran
Ben Corcoran answered on May 13, 2021

I agree with Ms. Whitehurst and would add that unless your family is prepared to pay out of pocket for a nursing home for your father, I would not recommend transferring the remainder of the property now. Provided the deed granting you 1% was done correctly, you should be listed as joint owner with... Read more »

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1 Answer | Asked in Real Estate Law for North Carolina on
Q: If a tree on your property falls on someones house are you responsible?
Ben Corcoran
Ben Corcoran answered on May 12, 2021

You are generally only liable if you had prior knowledge that the tree was in danger of falling. This could be knowing that it was dead or leaning. If it was a perfectly healthy tree that a storm knocked down, then generally no, you are not liable.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: I was over my mothers finances while she was alive. Sold her house in july 2015. She died in oct if 2020. Signed money

To me. Does my siblings have any claim on the money. Will says estate to be divided between us kids. In the state if ohio

Ben Corcoran
Ben Corcoran answered on May 12, 2021

If your mother died in Ohio, then Ohio law controls and this board would not be able to answer your question unless someone on here is licensed in both states.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Does the Sellers Obligation to remove all property before closing on house include tenants property?

Currently under contract to buy a house. It is occupied by a renter (tenant). Concerned that we do not have a legally binding guarantee that the renter will vacate the property by closing. There is a clause in our contract about the sellers obligation to remove all personal property from the... Read more »

Ben Corcoran
Ben Corcoran answered on May 12, 2021

When you purchase a property, generally, you take it subject to any lease on the property. I would have to read your contract to tell you specifics. The seller may not be able to evict the tenant at this time due to their existing lease.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: landlord refused to fix a leak. now there is black mould everywhere. What can I do other than taking him to court

He threatened to kick me out cuz I keep asking him to take care of it.

Ben Corcoran
Ben Corcoran answered on May 11, 2021

In NC you can talk to the local housing authority, and as long as you have properly notified your landlord of the issues they can step in. And your landlord is walking a fine line if they try and evict you after you reported issues to them.

2 Answers | Asked in Real Estate Law for North Carolina on
Q: Do I need an attorney to force a land sale co-owned by me and 3 siblings in North Carolina.

.363 a. Carteret County, NC, house $10,669, land value $246,017. 4 siblings inherited land from their parents. The 4 live in Moore County, NC. No one lives in house. It has been damaged over the years by storms as it is located on Bogue Sound.

Ben Corcoran
Ben Corcoran answered on May 10, 2021

You never NEED an attorney to handle legal processes however, it is highly advisable in situations such as this to hire an attorney to make sure that everything is done properly.

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1 Answer | Asked in Real Estate Law for North Carolina on
Q: I am a part owner of a property that is owned through a trust and I was told by one of the other co-owners

That I need to vacate by 5/31/21.

Said that if we don’t leave they will take legal actions to have me removed.

Is this legal?

Ben Corcoran
Ben Corcoran answered on May 10, 2021

Without being able to read your trust documents I can't tell you what your options are. My advice is that you take a copy of the trust documents to a local lawyer and have them review them. Generally, a part-owner is not allowed to evict another part-owner, however, since the owner is actually... Read more »

2 Answers | Asked in Estate Planning, Tax Law and Probate for North Carolina on
Q: I have a will. Is it also necessary to have a beneficiary designation on file with the manager of my IRA account?

My will covers all of my assets and is not very complex, but the investment company that manages my IRA account has a beneficiary form which doesn't allow the same amount of detail. Upon my death, is it likely that there will be financial, e.g. tax, implications if no beneficiary designation... Read more »

Ben Corcoran
Ben Corcoran answered on May 7, 2021

It will save your heirs some money if you do so. If there is no beneficiary, all of the assets in the IRA will be subject to the audit fees from the Clerk's Office.

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1 Answer | Asked in Real Estate Law for North Carolina on
Q: If a person wanted to apply for a lease but didn't make the minimum income requirement, what could they do?

What would the consequences be for lying about their income to qualify for a place to live, as long as they didn't miss any rent payments going forward. In this situation they don't have any beneficiary that could co-sign the lease.

Ben Corcoran
Ben Corcoran answered on May 6, 2021

Probably the worst that could happen is that the misrepresentation is a breach of the lease and they can be evicted. From there it depends on the lease terms, potentially having to pay court costs and attorney fees.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: I am in contract since February 9th 2021 with a possession before closing contract.

We were supposed to close March 10, then he delayed to March 31, then again to April 6, 9th, 16, and now may 10. We signed the possession before closing and we paid him $2000 for that month of rent his contract never stated rent afterwards and we would have paid had he asked or it had been in a... Read more »

Ben Corcoran
Ben Corcoran answered on May 6, 2021

Without reviewing your contract no lawyer will be able to advise you on whether or not you have a case. You likely have one of two cases here. The first demand performance under the contract (sell you the house) and the second unjust enrichment, for the $30,000 you spent on the kitchen. Take all... Read more »

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: My father passed away. He had nothing except a vehicle worth around $3500. He lived in Florida. Me is NC. I want to se

Car is registered in Florida. I have the title. I keep reading about probate? But there is no estate.

Ben Corcoran
Ben Corcoran answered on May 5, 2021

You would have to probate in FL, and while there may be some lawyers on here that can practice in NC and FL you will have better luck posting in the FL section.

2 Answers | Asked in Real Estate Law for North Carolina on
Q: I have been financially responsible for a home that I am listed on the deed as owner with the right of survivorship.

The co-owner now wants me to sign a quit claim and give her the house with no remuneration. She is in ill health and needs the money and wants to sell but not split the $. I have refused. I currently live in this house with my wife. Is there anything she can do to legally force me out of this house... Read more »

Ben Corcoran
Ben Corcoran answered on May 4, 2021

While Mr. Stanger's answer is specific to California, the law is not that much different in NC. A partition motion can be filed and a court can force a sale, likely you would get 50% of the proceeds but potentially more or less. Should a partition motion be filed it is in your best interest to... Read more »

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1 Answer | Asked in Probate for North Carolina on
Q: how difficult is it to probate my neighbors very small estate, had revies mortage and $800.00 in checking account. with

with out a lawyer she has nothing of value in her home. I want to buy the house for rental. and at this time I do not have money for a lawyer

Ben Corcoran
Ben Corcoran answered on May 3, 2021

For small estates, it is very common for the clerks to assist the administrator with getting everything filed. Talk to the local clerk's office and see if you can open the estate.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: My home builder hasn't started home and is now demanding us to agree to a $50,000 price increase. What should I do?
Ben Corcoran
Ben Corcoran answered on May 3, 2021

I see that you are posting from NV, but in NC, is this correct? If not, you may be getting incorrect advice.

What you should do depends on whether or not you have signed a contract with the builder. If you have a contract in place, then I suggest you demand performance under the contract....
Read more »

1 Answer | Asked in Traffic Tickets for North Carolina on
Q: I was going 56 in a 35 after missing signs that speed reduced along a major road. My ticket requires court appearance.

Should I hire a lawyer? How much will that cost? What is the chance that I can get points reduced? What is the chance that I can avoid going to court?

Ben Corcoran
Ben Corcoran answered on Apr 23, 2021

Most lawyers charge around $100 for traffic matters, a lawyer can likely get this reduced to a charge of improper equipment depending on your record. Should you hire a lawyer you will likely not have to go to court.

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