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Questions Answered by Ben Corcoran
1 Answer | Asked in Real Estate Law for North Carolina on
Q: In the state of North Carolina is it illegal for a landlord to cut off your water and you're on a well
Ben Corcoran
Ben Corcoran answered on Sep 8, 2021

If a landlord cuts off the water it would likely be considered placing the property in an imminently dangerous condition and would likely be a breach of the landlord's statutory duties.

1 Answer | Asked in Construction Law for North Carolina on
Q: Can I sue my builder for not repairing the stairs before closing? He refuses to redo the stairs and seed the acre like

The contract states. He says it was seeded but me or my realtor do not see it was done. The stairs were not properly stained. How can I sue him. It took him 13 months to finish our build.

Ben Corcoran
Ben Corcoran answered on Sep 2, 2021

Without reading the contract, I cannot give you specific advice, but it does sound like you have a case, call a local lawyer and see if you can set up a consultation.

1 Answer | Asked in Probate for North Carolina on
Q: Mom and brother lived in VA while I live in NC. I was their Executor. Why was there a Bond when both Wills said NO bond.
Ben Corcoran
Ben Corcoran answered on Sep 2, 2021

This is actually a question for VA lawyers and any answer you get from an NC lawyer is likely pure speculation.

I do know that if you lived in VA and the estate was in NC you would be required to post bond because you are out of state.

1 Answer | Asked in Civil Rights for North Carolina on
Q: If I am a widow,do I have to changed my married name before I remarry?
Ben Corcoran
Ben Corcoran answered on Sep 1, 2021

You never have to change your name if you don't want to. I would actually advise against it. I have seen how much paperwork you have to go through, and unless you really want to change your name, I wouldn't do it.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Eviction was executed today, only my husbands name is listed does the landlord need a separate eviction for me?
Ben Corcoran
Ben Corcoran answered on Sep 1, 2021

If both of you are on the lease then the likely answer is yes the landlord would have to evict you as well. As always you should take your documents to a local lawyer and have them review the documents to get a more complete answer.

1 Answer | Asked in Estate Planning for North Carolina on
Q: If owner of a real estate property in NC lives in India . How the property owner can sell the property from India?
Ben Corcoran
Ben Corcoran answered on Sep 1, 2021

The simplest method would be using a limited power of attorney authorizing someone local to sell the property in their name.

1 Answer | Asked in Probate for North Carolina on
Q: Can a beneficiary sue a trustee for embezzlement of deceased assets, if they have proof of their wrong doings?

Bank, mortgage insurance and tax fraud against deceased and beneficiaries.

Ben Corcoran
Ben Corcoran answered on Aug 26, 2021

Almost certainly you can sue, I highly advise that you find a lawyer who practices in this area and talk to them to get a better idea of what your options are.

1 Answer | Asked in Business Law, Legal Malpractice, Securities Law and Small Claims for North Carolina on
Q: A grooming company strangled and killed my dog (Vet confirmed). The company refuses to show video proving they didn’t..

We have been going to them for over a year with zero complaints. The manager says my dog hurt himself. They were rude and refuse to help me understand. We took him to a vet and the vet confirmed he was strangled to death. The company refuses to show me the video footage from today that would prove... Read more »

Ben Corcoran
Ben Corcoran answered on Aug 17, 2021

You would need to sue them and then as part of the suit demand to see all videos that they took of your dog that day.

1 Answer | Asked in Contracts for North Carolina on
Q: I am selling my house in NC and the agent and the boss and owner

I am selling my house in NC and the agent and the boss and owner planned to keep the sale and the purchase of the my house on the second day of the house being for sale an interested person went to the house tried to make an appointment they informed him that the house is no longer for sale and he... Read more »

Ben Corcoran
Ben Corcoran answered on Aug 17, 2021

Without reading your contract with the realtor no lawyer is going to be able to advise you on how to cancel the contract.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Who pays for damages when a rotten tree falls on a neighbor's property?

A rotten tree fell on our house from the wooded lot adjoining our property. Since the damage was minimal, a little over $400, we did not make a claim with our insurance company and paid for the tree removal and gutter repair out of pocket. Can we receive compensation from the owner of the property... Read more »

Ben Corcoran
Ben Corcoran answered on Aug 17, 2021

Depends on whether or not the owner of the land had actual knowledge of the rotten tree. In NC you are only responsible for a tree falling if you knew that there was a likelihood of it falling, for example, it was leaning or rotten.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: My husband passed away in June. Both of our names are on the deed to our home and I am the sole heir.

If I decide to sell do I need to update the deed first to just list my name? There is no mortgage.

Ben Corcoran
Ben Corcoran answered on Aug 5, 2021

Without seeing the deed, my suspicion is that the property passed automatically to you upon his passing. If you want to you can update the deed, however, it is not necessary.

Additionally I advise you to fully probate your late husband's will or if he didn't have one go through...
Read more »

1 Answer | Asked in Real Estate Law for North Carolina on
Q: My brother and I owned a house/property as joint tentants with right of survivorship. He lived on the property.

Four months ago the house burned down and he was killed. The fire Dept ruled it an accident but an autopsy was performed and I had to give DNA to identify his body.

He is still in the morgue and the Medical Examiner has said it could take up to a year to get the report and death... Read more »

Ben Corcoran
Ben Corcoran answered on Aug 2, 2021

Not likely without a death certificate, ownership is presumed to still be in both names.

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: First cousin died intestate.I responded.Lawyer wants response stricken cause I'm adopted child of uncle

1st cousin (child of her uncle)

Ben Corcoran
Ben Corcoran answered on Aug 2, 2021

If they legally adopted you, you are treated no differently than a biological member of the family under the law. Whether or not you have any rights to your cousin's estate is a separate matter and would turn on how many surviving family members your cousin had.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: If a landlord sells a property, and the tenant is allowed to stay, can they collect their original security deposit?

I purchased a home in NC from a property management company. The house is rented and I’m allowing the tenant to stay. She informed me that the previous landlord will not return her security deposit. She is elderly and doesn’t seem able to navigate this issue herself. I’d like to know what... Read more »

Ben Corcoran
Ben Corcoran answered on Aug 2, 2021

The security deposit should have followed the lease, and since you purchased it subject to the lease then they should have transferred it to you. I would pursue it with the management company and demand that they turn over the deposit to you.

Even if that is not the case they have 30 days...
Read more »

1 Answer | Asked in Real Estate Law and Land Use & Zoning for North Carolina on
Q: I have been paying the taxes and maintenance for land for over 10 years straight. Can I seek full ownership?

I have been paying the taxes and maintenance for land for over 10 years straight. Land is currently owned by me, my mom, and brother. Legally I am 66.66 owner the remainder is split between my mom and brother. Can I seek fully ownership in the state of North Carolina since I have been fully paying... Read more »

Ben Corcoran
Ben Corcoran answered on Jul 12, 2021

No, but you can demand that your family pay their portion of the taxes going forward and ask for back taxes. If you do this they may be willing to sell/give you their interest in the land.

1 Answer | Asked in Probate for North Carolina on
Q: Good morning is there a way to become executor of estate if others will not released other sign. In the state of NC
Ben Corcoran
Ben Corcoran answered on Jul 8, 2021

Depends on whether or not someone was named in the will if there even is a will. If no one has come forward within 90 days from the death then anyone interested can serve as executor provided the clerk approves them.

1 Answer | Asked in Uncategorized for North Carolina on
Q: If there is a private cemetery and people live above the cemetery road can they put a gate up that is locked?

My family cemetery is on a dirt road and people bought the land above it and have now put a gate up that is locked and says we have to call before we can enter and I was wondering if that's legal?

Ben Corcoran
Ben Corcoran answered on Jul 7, 2021

The property owners have the right to restrict access to their land, but you also have a right to visit the graves of your ancestors. I would advise trying to work out a more long-term solution before bringing this all before the court. You can file a motion before the clerk to have a more... Read more »

1 Answer | Asked in Real Estate Law for North Carolina on
Q: My son e-signed a lease for an apt near college. Not going back. Never paid deposit. They wont let him out of lease.

Our financial situation changed. And can’t afford college. Is there any escape for him? They r going to report him to credit agency and make him liable for money. He has never lived in this apt- it was for August. By not giving a deposit-does it make the lease null?

Ben Corcoran
Ben Corcoran answered on Jul 7, 2021

They may file an eviction against him, which is supposed to hit his credit but doesn't always. But since he is no longer living there they may decide that he has abandoned the property and not sue him to evict. Without personal knowledge of the apartment and the lease, I can't offer more... Read more »

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: landlord just put a for sale sign in yard with no reason never late

dont have anything never late in 5 yrs and she was helping find a home cause has restate company and we were just looking noe she putting house up for sale

Ben Corcoran
Ben Corcoran answered on Jul 7, 2021

The landlord can sell the home at any time during the lease, however, the new owners would be buying the home subject to the lease. I advise talking to your landlord about what is happening and seeing what sort of protections they are willing to offer you.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: My gf and I bought a house last July. We are both on the deed. I pay everything else and the only one on the mortgage.

If no compromise can be made and both want the house who gets it and what kind of lawyer do I have to go through?

Ben Corcoran
Ben Corcoran answered on Jun 22, 2021

You are both owners of the property, however, it sounds like you are no longer in the relationship. If neither party can agree to who gets the house then you will have to file a partition motion and ask that the property be sold. I would talk to a local attorney who specializes in real property or... Read more »

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