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Questions Answered by Ben Corcoran
2 Answers | Asked in Civil Litigation, Real Estate Law and Civil Rights for North Carolina on
Q: Me and ex girlfriend on deed of house. Bout to sell and she wants 50 percent profit

Me and my ex girlfriend bought a house together bout 4 years ago. We split up after 4 months. I'm the only one on mortgage and we're both on the deed. I have been paying all the bills including property tax. I have completely remodeled the house and looking to make money on it but I was... View More

Ben Corcoran
Ben Corcoran
answered on Jun 13, 2024

You have a very strong case and it would be worth paying a lawyer to get a judgment against her interest in the house before selling. But it would be simplest to get a signed agreement from her that she will only take a lesser amount.

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1 Answer | Asked in Estate Planning and Real Estate Law for North Carolina on
Q: I live on acre land for 12 years it's in my and brother name now brother trying to sell is he allowed too I verbaly told

It was mind brother trying to take mom got all timer and brother making decisions for her

Ben Corcoran
Ben Corcoran
answered on May 20, 2024

Your brother can only sell what he owns, so if someone is willing to buy his interest, he can sell it, but he cannot sell your portion. Since he is a part owner, your brother can get a court-ordered sale in which the whole property would be sold. You need to speak with a local attorney for further... View More

1 Answer | Asked in Estate Planning for North Carolina on
Q: How do I determine how the unsecured creditors are paid if there’s more debt than assets in NC small estate?

Given it is a small estate I don’t have to do notice, but I have received notice/bills from more creditors than is money to pay. Do I pay pro rata? What happens if more creditors show up after I have closed the estate? Who is liable?

Ben Corcoran
Ben Corcoran
answered on May 13, 2024

I don't know who told you that you do not have to publish a notice, but the notice is very important in estates with very little assets but lots of debt. The order in which you pay debts is determined by statute, and each class of debt is paid out pro-rata if there isn't enough to pay the... View More

2 Answers | Asked in Real Estate Law for North Carolina on
Q: H&w own home joint tenets by the entirety. Wife solely has judgment. Can title pass?

Wife bought house individually, but they were married. Several years later they executed a quit claim deed transferring title to joint tenets by the entirety; now, roughly 10 years after the quit claim deed they are selling. This Judgement is new. In order for new buyers to secure title insurance;... View More

Ben Corcoran
Ben Corcoran
answered on May 6, 2024

If I were the closing attorney, I would disclose the judgment to the title company, but I am very confident that the title company would not have any issues with it. A judgment against only one spouse in a tenancy by entireties ownership does not place a lien against the property in NC. This... View More

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1 Answer | Asked in Contracts and Landlord - Tenant for North Carolina on
Q: what is the eviction process for a no lease, no payment agreement between family? located in NC.

my husband, child, soon to be second child, and 3 pets live with my FIL&MIL. we have lived here since prior to the birth of our first child in 2022. we do not have a written contract or agreement stating we can live here, nor do we pay rent, as it hasn’t been asked or required of us. in 2023,... View More

Ben Corcoran
Ben Corcoran
answered on Apr 8, 2024

You would be classified as guests since you cannot prove that a landlord/tenant relationship exists. However, if you claim a lease exists they would have to go through the eviction process. The law looks down on landlords changing the locks, but since your FIL is not a landlord, he would likely be... View More

2 Answers | Asked in Contracts, Divorce, Real Estate Law, Civil Litigation and Family Law for North Carolina on
Q: Dispute over property sale agreement

My ex-husband and I share ownership of a property in Wake County, North Carolina, which serves as a secondary residence for both of us. Following our divorce, we had a signed agreement stipulating that he would buy out my share within two years for much less than it was worth. However, it's... View More

Ben Corcoran
Ben Corcoran
answered on Apr 1, 2024

Contact an attorney and ask about a "Petition to Partition"; be sure to show them a copy of the agreement. Hopefully, the agreement will no longer be enforceable, and you can get half of your interest out of the property, especially since real estate values have significantly increased... View More

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1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: Am I responsible for my deceased mother's Medical debt? Can they take her home, deed is in my name, mortgage is in hers

My mother recently passed away. We transferred her home and car into my name a few months before her death, but the mortgage is still in her name which I have been paying. She did not have any estate. Am I responsible for paying her Medical bills prior to her passing and can they take the house... View More

Ben Corcoran
Ben Corcoran
answered on Feb 15, 2024

Without seeing the actual bills and the deed transferring the property to you, I can't give you an answer. I suggest taking all the paperwork to a local attorney and having them give you specific advice.

The mortgage company will likely require you to get a new mortgage or, if you are...
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1 Answer | Asked in Real Estate Law, Business Law and Gov & Administrative Law for North Carolina on
Q: If I wanted to dropship manufactured houses that were expandable and are a resident of Nevada, what certs do i need

I want to start dropshipping cheap manufactured homes from chinese websites but I wonder if I need a liscense, LLC, ect to legally operate the buisness. Any insight?

Ben Corcoran
Ben Corcoran
answered on Feb 12, 2024

You can likely do this as a private individual. However, I would highly recommend forming an LLC to give you some legal cover. You should also have an attorney draft a contract that makes it very clear you are disclaiming as many warranties as possible regarding the condition of the homes. There... View More

2 Answers | Asked in Small Claims, Contracts and Landlord - Tenant for North Carolina on
Q: Is it illegal for a property management company to send a repair technician out to the property without prior notice?

Especially when the technician was taking photos and videos of our belongings? The homeowner now wants us evicted and gone by the 29th and we were never given a chance to remedy the issue or a written notice of the eviction.

Ben Corcoran
Ben Corcoran
answered on Feb 12, 2024

It depends on the circumstances of the needed repairs and your specific lease agreement, but most lease agreements do have provisions detailing inspections/repairs.

NC does not require notice by statute, and in emergency situations, the landlord is all but certainly allowed entry without...
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1 Answer | Asked in Business Law and Contracts for North Carolina on
Q: I sell solar and management is really bad and I want to leave but still make sure I’m getting properly paid for my deals

15. Term and Termination. This Agreement takes effect immediately as of the Effective Date, and remains in full force and effect until the Contractor has completed the Services (the "Term"), unless earlier terminated under this Section

This Agreement may be terminated by either... View More

Ben Corcoran
Ben Corcoran
answered on Jun 13, 2024

You will have to speak with an employment lawyer and show them your full employment contract; any advice based on one clause of a contract is all but useless.

1 Answer | Asked in Probate for North Carolina on
Q: Q: Can you move into a deceased home before probate
Ben Corcoran
Ben Corcoran
answered on Jun 11, 2024

In NC, real estate passes outside of probate unless it is needed to pay the estate's debts. Without seeing the estate, I cannot tell who owns the property, but if you are an heir, you can move in. Just know that the other heirs have equal rights to the property.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: I have a question about early termination of a rental agreement. We are the owners and just received PCS orders back to

area in which we have our home rented. The home is in NC. Our rental agreement states that the early termination fee is their monthly fee for an early termination with legal cause. Is orders on our end as the owners legal cause? Our PM is insisting we need to offer monetary incentives as well.

Ben Corcoran
Ben Corcoran
answered on May 29, 2024

I would have to read your contract to give a definitive answer, but likely not. The PM is probably correct in their advice to you.

2 Answers | Asked in Civil Rights, Elder Law and Landlord - Tenant for North Carolina on
Q: Can a landlord require you to let certain people live with you, who can and can’t live there? I’m permanently disabled

My landlord sent an email saying my child must live with me or I have to move out. She stated that I couldn’t do anything to move any of her property but I must repair her house and improve her land. She also states that I must replace her appliances that have wore out over the 11 years I have... View More

Ben Corcoran
Ben Corcoran
answered on May 21, 2024

Your location reads NY, but this is posted in the NC section; I will presume it is posted correctly. Very little, if any, of what you have said is legal for your landlord to do in NC. Contact your local legal aid office and get them to assist you.

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1 Answer | Asked in Divorce and Real Estate Law for North Carolina on
Q: My girl friend is trying to file for an absolute divorce against her ex in NC, does she have to mention the house?

She owned the house before she got married to the man, and they were only married for 3 weeks before separating. So the question is, if filing for absolute divorce, does she have to mention the house that she owns solely and has owned since before the marriage? It’s definitely separate property I... View More

Ben Corcoran
Ben Corcoran
answered on May 14, 2024

This is a question for her divorce attorney, but from a real estate perspective, yes, she is the sole owner of the house.

2 Answers | Asked in Real Estate Law, Civil Litigation and Construction Law for North Carolina on
Q: Can I sue the developer that sold me a building lot with poor soil?

I purchased a building lot in a known subdivision from the developer of the subdivision in the City of WinstonSalem(North Carolina). After the contractor dug for the footing , the footing city inspector asked for a soil test. We hired a soil test engineer and we discovered the soil was not suitable... View More

Ben Corcoran
Ben Corcoran
answered on May 13, 2024

Without reading the contract, I can't answer this, but it will likely not be easy to prove. You must prove that the seller knew of the condition and had a duty to disclose it.

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1 Answer | Asked in Animal / Dog Law for North Carolina on
Q: If your dog wanders into someone’s yard can they shoot it
Ben Corcoran
Ben Corcoran
answered on May 13, 2024

It depends on several factors, but commonly, yes.

1 Answer | Asked in Estate Planning for North Carolina on
Q: I'm sole beneficiary to my brothers estate I am a half brother would my aunt have equal rights as sole benefiary in nc
Ben Corcoran
Ben Corcoran
answered on May 7, 2024

Without seeing the will or lack thereof, I cannot give any legal opinion as to who your brother's heirs may be. Please contact a local attorney for more specific advice.

2 Answers | Asked in Divorce, Family Law and Real Estate Law for North Carolina on
Q: Can I enter my house as I wish, if I own the house and have owned the house long before my marriage.
Ben Corcoran
Ben Corcoran
answered on May 7, 2024

From a real estate perspective, if you own the house, then yes, you have every right to use it. However, other factors may prevent you from doing this, such as court orders. I would advise speaking with a local attorney since this appears to be related to a divorce.

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1 Answer | Asked in Foreclosure and Real Estate Law for North Carolina on
Q: I need to foreclose on a home mortgage I hold. I hope to get a deed in lieu of rather than have them go through the for

closure process. The deed says that the trustee will get a 5% commission on the proceeds of a foreclosure sale. What will he be entitled to if I do get the deed in lieu of?

Ben Corcoran
Ben Corcoran
answered on May 3, 2024

By doing a deed in lieu, you are releasing your lien and will have to file a release with the register of deeds.

No foreclosure proceedings will commence, so the trustee will not be compensated.

1 Answer | Asked in Probate for North Carolina on
Q: I have been paying on a piece of property and it was in probate . I have been paying the heir of the property can I take

Possession of property

Ben Corcoran
Ben Corcoran
answered on Apr 17, 2024

You cannot take possession of the property unless the heir(s) execute a deed to you.

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