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Questions Answered by Ben Corcoran
1 Answer | Asked in Real Estate Law, Divorce and Family Law for North Carolina on
Q: Husband in North Carolina sold property in 2020 without my consent. He owned the property prior to marriage.

Prior to marriage I did not sign free trader agreement or prenuptial agreement. The sell of the house took place in 2020 was undisclosed to me during that time. We are now divorced as of April 2023.

Ben Corcoran
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Ben Corcoran
answered on Oct 19, 2023

All that you would have been signing away was your right to claim a life estate on the property in the event of his passing. That right was extinguished upon divorce.

I cannot speak to the laws of other states regarding marital property but the money he made from the sale might have become...
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1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: My lease expired 4 years ago. I gave 7 days notice I am moving. Do I owe 30 days notice.In North carolina
Ben Corcoran
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Ben Corcoran
answered on Sep 25, 2023

Depends on several factors if your prior lease was written then it was renewed on a month-to-month basis using the same terms as your prior lease and if it required 30 days then you would likely be bound by it. If it was oral then your 7-day notice was fine.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: The check they sent for my rental deposit bounced and I accrued a bank fee. When should a lawyer get involved?

It took three months after I moved out to get the original check (supposedly due to change of management). After that check bounced, they claimed they were sending a replacement. It has now been another two months without my deposit.

Ben Corcoran
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Ben Corcoran
answered on Aug 11, 2023

Your lease agreement should anticipate bounced checks and specify how it is cured. If it doesn't, you should probably have a lawyer look over your lease and explore drafting a new one.

For the present situation, I would send the tenants a bill for the deposit plus the amount of bank...
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1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: My husband passed away with a lot of credit card debt and medical debt. Am I responsible to pay off that debt?

I was not on any of the credit accounts, nor did I sign anything for the medical procedures. There is no estate. House was in both our names.

Ben Corcoran
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Ben Corcoran
answered on Jul 26, 2023

I highly advise you to hire an attorney and have them assist you in probating the estate. The credit card debt can likely be wiped out by opening the estate. The medical debt will unfortunately likely follow you since spouses are normally liable for the medical debts incurred by their spouse.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: The city demolished my home. Do I need to continue to make payments on it?

I am reaching out to you in hopes that you can help me. I just found out that my house in NC got demolished. No one notified me. I found out about it due to HomeGo sending me something in the mail stating I could sell my house in as little as seven days. They included a picture of the property and... View More

Ben Corcoran
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Ben Corcoran
answered on Jul 18, 2023

First, you need to contact your insurance carrier, they will likely cover the costs for an attorney and pay off your mortgage. You also need to contact an attorney in the area near where the house was and get them to find out exactly what happened. You may have a substantial claim against whoever... View More

2 Answers | Asked in Real Estate Law and Probate for North Carolina on
Q: My mother passed in March. She and my sister own a house as joint tenancy. Is my sister now the sole owner?

I have been told thatI need to get an Attorney as administrator of the Estate due to their being 3 other heirs. I just want to know if that is necessary?

Ben Corcoran
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Ben Corcoran
answered on Jun 26, 2023

Mr. Avery is not entirely correct here. I would not be surprised to see either type of ownership. It is very common to have a joint tenancy created among family members to avoid probate. In joint tenancy, everything would have passed to your sister the second your mother passed. To confirm this,... View More

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1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: how long does someone have to move their stuff after eviction notice is issued
Ben Corcoran
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Ben Corcoran
answered on Jun 22, 2023

After the sheriff has evicted the person, the soonest that the personal possessions can be presumed to be abandoned is 10 days after a notice has been posted. Generally speaking, the tenant is allowed to come back onto the property under supervision and retrieve their belongings. The landlord... View More

3 Answers | Asked in Collections for North Carolina on
Q: My house is protected by tenants by the entirety. I have a civil judgement against only me from a creditor.

Can I sell the house without paying the judgement? Do most creditors renew judgement liens after 10 years?

Ben Corcoran
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Ben Corcoran
answered on Jun 13, 2023

I would have to look at the specifics here, but all but certainly, if the judgment is only against one party, then the house is exempt from the judgment.

You will likely be able to sell without paying off the judgment. The final decision will ultimately come down to the title company....
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2 Answers | Asked in Real Estate Law for North Carolina on
Q: How do I handle neighbor planting hedges on the property line? What do I do to protect my boundary?

Neighbor had paid a surveyor to locate property line after we installed a shop and he said it was on his property. After survey had proved we are not on his property. he planted bushes ( hedges) that are directly on the property line, these will grow and cross the line. What are my rights. and how... View More

Ben Corcoran
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Ben Corcoran
answered on Jun 7, 2023

When the hedges grow and cross your line technically, it is a trespass.

That being said, I would advise you to tell your neighbor that as long as they maintain the hedges, you don't care, but if they fail to do so, you will cut all the portions of the hedge that trespass on your...
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2 Answers | Asked in Real Estate Law for North Carolina on
Q: If someone dies before putting property inherited in their name what can her husband do to obtain property
Ben Corcoran
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Ben Corcoran
answered on Apr 11, 2023

In NC as long as the first will or estate was properly probated, the property passed to the now-deceased individual. If the second will or intestacy proceeding names the husband as the sole beneficiary of the property, it is now in his name.

Without reviewing both estates and the original...
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1 Answer | Asked in Civil Litigation and Real Estate Law for North Carolina on
Q: Brother and I own home titled joint tenants with rights of survivorship through inheritance. As I did not want to sell

the home which I had the right to do as executor of estate, we agreed that brother would live in home paying for all upkeep.Brother has a spouse. (whom he married after we became joint owners) Brother has passed away. Spouse is making a claim for property. Does spouse have any legal rights to... View More

Ben Corcoran
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Ben Corcoran
answered on Jan 31, 2023

I would have to check to make sure that your brother didn't add his wife to the deed before he passed, before giving my full legal opinion. But in the scenario you outlined, since the ownership was joint with the right of survivorship between you and your brother, once your brother passed,... View More

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: Unmarried couple both with adult children couples from previous marriages. Who gets home if we die simultaneously.

I purchased a home in NC with cash and had it titled JTROS with long term partner. At the time (about 6 years ago), it didn't seem like a QTIP was an option since we were not married. I have 2 adult children and she has one adult child from our prior marriages.

My estate package... View More

Ben Corcoran
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Ben Corcoran
answered on Nov 9, 2023

In the event that you die within 120 hours of your partner. Both of you are deemed to have survived the other and your respective interest in the property would pass to your respective beneficiaries. There are exceptions to this rule but that is the basic premise.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Can I get my name off a mortgage without refinancing?

My wife and I divorced 8 years ago and my name is still on the house mortgage that her and her husband of 5 years lives in. I gave her the house and have not lived there for 10 years.

Ben Corcoran
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Ben Corcoran
answered on Oct 30, 2023

Your divorce proceedings should have included an agreement for her to refinance the property, but they may not have. If they didn't you can request the bank remove you but they will likely refuse to do so.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: In NC, if someone owns their home, before getting married. After getting married, are they tenants in common or entire?

I wanted to know if a single person owns their own home and a year or two later, they meet someone and get married. Are they considered tenants in common or tenants by the entirety?

Ben Corcoran
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Ben Corcoran
answered on Oct 23, 2023

The person who owned the home prior to the marriage still is the sole owner, however, the spouse gains the right to claim a life estate on the house should the owner die.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Without selling, if my spouse is on the mortgage and wants to separate, what is the my advantageous routes of action?
Ben Corcoran
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Ben Corcoran
answered on Oct 2, 2023

You can request that the bank remove the spouse but it will probably not happen until after the ownership is transferred into your name.

1 Answer | Asked in Land Use & Zoning for North Carolina on
Q: I was buying land for 5 yrs got behind during covid and the company then decided not to work with me. They made a 5,000

Offer paying 2000 cash & then 3,000. I deposited the check into my account later that week discovering they had put a stop/ cancelled the check they refuse answer or respond to my calls or texts..it's been a year and still nothing. What are my rights and what should I do to retain my... View More

Ben Corcoran
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Ben Corcoran
answered on Sep 18, 2023

I do not fully understand what you are asking, but if the deed is still in your name then you still own the property.

2 Answers | Asked in Estate Planning for North Carolina on
Q: I want to put in place a Power of Attorney that gives my designated agent power only if I become incapacitated.
Ben Corcoran
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Ben Corcoran
answered on Aug 21, 2023

This is called a springing power of attorney and any lawyer who drafts durable POAs will also be able to draft this.

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1 Answer | Asked in Estate Planning for North Carolina on
Q: I've been an administrator of my husband estate for 2 years but now there's a will what do I do

My husband told me he destroyed the will and also revoked their poa which I do have proof of

Ben Corcoran
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Ben Corcoran
answered on Aug 21, 2023

File the will and abide by its provisions.

1 Answer | Asked in Employment Law for North Carolina on
Q: Do I have any rights after I signed a bonus clause to pay back 50% within 2 years? I left 2 weeks before my start date.

I started my job on 8/23/21 and my last day was 8/11/23. I know that I signed an agreement stating that I would have to pay back 50% of my bonus if I left within 2 years. They have withheld that amount from my last paycheck, but I did not receive a copy of my payroll or how much would be deducted.... View More

Ben Corcoran
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Ben Corcoran
answered on Aug 21, 2023

Send a demand letter requesting that they produce the information, or you will file a lawsuit and will be entitled to see it during the discovery process.

1 Answer | Asked in Contracts, Real Estate Law and Civil Litigation for North Carolina on
Q: There's a discrepancy between what my lease requires me to pay and what I'm asked to pay, and I need advice.

My lease implies that electricity is not paid for directly by the tenant (in the utility addendum, electricity is not checked off, whereas the other utilities that I do have to pay are. Further, the "Special Provisions" section of that addendum reads, "If electric account rolls to... View More

Ben Corcoran
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Ben Corcoran
answered on Aug 21, 2023

Hire an attorney to review your lease in full and they can give you specific advice.

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