Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Ben Corcoran
1 Answer | Asked in Real Estate Law for North Carolina on
Q: I live in north carolina and was left a house in illinois in a transfer on death instrument. How can I get the deed?

North Carolina doesn't recognize transfer upon death instruments, so how can I claim the house left to me?

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Oct 3, 2022

When it comes to real property, the law that governs it is almost always the law of the state in which it lies. So in this scenario, you need to be talking to an IL lawyer and see what needs to be done.

2 Answers | Asked in Divorce, Family Law, Immigration Law and Real Estate Law for North Carolina on
Q: my wife is registered in India, we are getting divorce in india, can i sell my home on my name without her signature ?

I

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Oct 3, 2022

Until the divorce is finalized your wife has an interest in the property and would have to sign any deed.

View More Answers

1 Answer | Asked in Divorce and Real Estate Law for North Carolina on
Q: Can my husband take my name off property we own together and put his sister on it without my agreement? we are married.

we’ve been separated 12 years. not divorced. she went to the registrar of deeds with a new deed with his and her name on it. my name is there without a signature. they recorded it. is it legal? did i lose my land?

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Sep 23, 2022

I would have to review the deed. He may have just conveyed his portion, but if he also tried to convey your portion then fraud was committed, and you should contact the local law enforcement.

1 Answer | Asked in Civil Litigation and Estate Planning for North Carolina on
Q: I am in NC and executrix of my father’s will. I inherited a home. Can I sell it while under a standstill order as long

As I don’t dispose of the proceeds?

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Sep 19, 2022

Without seeing the order, I doubt any lawyer would be able to advise you on how to proceed. You are likely going to have to pay someone to review it and give you specific advice.

1 Answer | Asked in Real Estate Law and Divorce for North Carolina on
Q: How is a house bought with inheritance money settled in divorce in NC?

We bought a home for cash in NC 7 years ago with proceeds from sale of home in VA, paid off by my husband’s parents estate. Separated since January when I left for a job across the country. He listed the house in late July and we have a buyer and contract, which he just decided not to honor.... Read more »

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Sep 14, 2022

I would need to review the deed to the house to give a definite answer.

However, it is likely that the house is in both your names and you and he own it as tenants in common. He is allowed to live there rent-free, but he is responsible for 50% of all expenses, taxes, utilities, hoa fees,...
Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for North Carolina on
Q: I purchased a hous with my parent and sister. All four of our names are on the Deed. My parents and sister and now dead.

None of them left a will. Can I have the Deed changed to just my name? I need to make repairs to the house and I would like to get a home equity loan. I paid off the house several years ago.

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Sep 6, 2022

The ownership depends on the language located in the deed, the language in any wills, and the order in which your family members passed. Without all that information, a lawyer will not be able to give you specific answers to your questions.

1 Answer | Asked in Contracts for North Carolina on
Q: Tenant laws in NC

My husband and I renewed our lease on June 20th 2022 for 13 months. The apartment complex manager signed off on our renewal on June 21st 2022. The apartment complex and manager and the apartment complex owner as contacted us serval times that our lease needs to be renewed. We have talk to the... Read more »

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Aug 19, 2022

If they try and evict, bring the signed agreement and emails to court, and it will likely be thrown out.

1 Answer | Asked in Animal / Dog Law for North Carolina on
Q: Someone sold a dog to my wife through Facebook, and now wants the dog back after 1 day.

My wife has all the messages saved. Can the previous owners do this?

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Aug 19, 2022

If she paid for the dog and it was delivered to her, then they have almost no chance of being able to force you to return the dog.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Landlord in Salisbury, NC. Tenant 5 months behind on rent in Supply, NC

This involves a verbal rent agreement with Landlords wife, who died in January 2020. Need advice on eviction.

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Aug 19, 2022

Go to the magistrate/clerk's office and file for summary ejectment. This is a very common fact pattern.

1 Answer | Asked in Estate Planning for North Carolina on
Q: DO YOU HAVE TO LIST ANY CLOSED BENEFICIARY ACCOUNTS ON AOC-E-505 FOR ESTATE?

I WAS THE BENEFICIARY TO MY DADS ACCOUNTS AND CLOSED THEM OUT AND HE OWNED A HOUSE THAT IS NOW GOING TO AN ESTATE BECAUSE THERE WAS NO WILL. DO I HAVE TO LIST THOSE ACCOUNTS THAT I CLOSED?

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Aug 19, 2022

The house should not be part of the estate unless there are debts to be paid, and yes, you have to list all accounts that were open as of the date of his death.

1 Answer | Asked in Probate for North Carolina on
Q: What happens when the heirs of a will, who are named as equal shares, do not agree on the division of assets?

The estate constitutes a house and a business. The deceased wanted her brother to live in the house until he decided not to and own the business. However, this wish was never legalized in a revised will. So, based on a 2009 will, all assets are divided amongst the 4 siblings, who are not all on... Read more »

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Aug 19, 2022

Any owner of the house can use it as they see fit as long as they don't prohibit the other owners from accessing the house as well and don't intentionally damage the value of the house.

As to the business, I or any other lawyer would need to read the documents pertaining to how...
Read more »

1 Answer | Asked in Estate Planning for North Carolina on
Q: Late husband and I,both names on deed but I used money from my personal acct for reno. Can I deduct cost from estate?

My husband just passed away and both our name are on the deed. We dont have children together but we both have from previous mariage.

I use money from my personal account( have proof) to finance the down payment and the renovation 2 years ago, because he wasnt work.

Because of the... Read more »

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Aug 8, 2022

If you and your husband were both listed on the deed as husband and wife, then you own the entirety of the house; there is no need to calculate shares. If the two of you were not listed as husband and wife, then I would advise you to file a year's allowance in the estate and use it to increase... Read more »

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: In 2021 I filed a writ of possession with the Lincolnton County NC courts. Having my tenant evicted in 11/2021. Due to

non payment of rent totaling $4650. What legal steps do I have to take in NC in order to collect the past due rent, $4650, they owe me ? Am I correct in saying that I need to know their current home address in order to pursue these legal steps ? I have thier phone numbers, email addresses, and... Read more »

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Aug 8, 2022

When you get a final court order, it will likely contain a judgment against your tenant for the amount owed. If they are living in a different county, you will need to transfer that judgment to the new county.

With that being said, the overwhelming majority of tenant judgments never get...
Read more »

1 Answer | Asked in Real Estate Law and Land Use & Zoning for North Carolina on
Q: Can I live in an RV temporarily on my own farmland until I can build my home?

Over 10 acre property is designated farmland and holds cattle

Zoned RA

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Aug 8, 2022

I would have to review your local County codes to give you accurate advice. My suggestion is to call the County offices and see if you can get confirmation that this is allowable.

1 Answer | Asked in Real Estate Law and Civil Litigation for North Carolina on
Q: What are the steps for filing for a partition sale of a house co-owned with an ex spouse?

I know I need to file a complaint first. What is involved in this step? What else is filed with the complaint and what are the subsequent steps to follow?

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Aug 3, 2022

This is not a simple process and not one that I advise you to attempt on your own. My advice is to find a local attorney and let them handle the filing and subsequent sale of the property.

1 Answer | Asked in Legal Malpractice and Real Estate Law for North Carolina on
Q: Do I have legal recourse for a just discovered leak and damage inside walls, for a home I purchased 11.5 mos ago.

The area in question was purposely covered by a piece of furniture that fit exactly inside a closet. The end of month we'll be here 1 yr. We just moved this furniture and saw a nightmare. We had an inspection done and he never even checked. The home was built in 2019. We are 3rd owners. DR... Read more »

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Jul 28, 2022

Get your entire contract and as much information in front of a local lawyer as soon as possible. While it is likely too late to utilize the home warranty, if it exists, you can likely still file a lawsuit against some party to the matter.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: I have 6 months left on my lease. The landlord is selling the house.

There is multiple people walking around the property taking pictures of the house knocking on the door consistently parking in the driveway. They are also wanting to do viewings starting Monday and throughout the work week is there anything that we can do about this

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Jul 26, 2022

A lawyer would need to review your lease before they can give you advice on this issue.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: My landlord sold the house I was rentingI was given until July 29th before we new owner take over.

I was given 4 weeks to move after the sale. I asked if I can have one day since July 29th is on a Friday . Can the new owner file eviction charges.

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Jul 26, 2022

Without seeing you lease agreement, I cannot give you specific advice. You need to reach out to the new owner(s) and see what they are willing to allow.

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: Do I have any rights to my grandma's estate?

Do I have any rights to my grandma's estate? Everything was left to her 3 kids with the intention of them including the 3 grandchildren. 2 of the grandchildren are underage so they are automatically included with their respective parent. I'm the only adult grandchild and my parent has not... Read more »

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Jul 26, 2022

Unless you are specifically named in the will, the fact that your parent is still alive means that you likely do not have any right to your grandmother's estate.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for North Carolina on
Q: I need to break my commercial business lease agreement for a building, how do I do this I’m in Nc

Landlord is in Texas

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Jul 20, 2022

The simplest method is contacting your landlord and asking them to release you.

If that doesn't work, contact a lawyer and have them review your lease and situation and see what options are available.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.