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2 Answers | Asked in Real Estate Law for North Carolina on
Q: My Ex owes me 25% of property value. It has been over 7 years and he has not sold it. How can I get my money?

My Ex and I split up and put 24 acres in his name. The Lawyer wrote a promissory note stating that he would pay me 25% of the proceeds when sold. At the time we already had an offer on the land. He found that the IRS put a lean on land once it went in his name and he decided not to sell it.... View More

Ben Corcoran
Ben Corcoran
answered on Oct 26, 2021

Without seeing your promissory note I cannot offer specific advice but, you may be able to foreclose on the note and get your money. Take all documentation to a local real estate attorney and have them look at everything and give your more specific advice.

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2 Answers | Asked in Divorce and Estate Planning for North Carolina on
Q: Divorced 2 years ago, wife awarded home in divorce -she never took the house out of my name-she died…no will. Is it stil
Ben Corcoran
Ben Corcoran
answered on Oct 21, 2021

Without seeing the divorce decree and your deed I cannot give specific advice. You and your ex-wife likely owned the land in tenancy by the entireties in the deed. And when the divorce was finalized that was automatically converted into tenants in common. So you may be a 50% owner of the property... View More

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2 Answers | Asked in Probate for North Carolina on
Q: A woman I know is getting inheritance and her lawyer is telling her she has to have beneficiary to be able to get her.

He want my Social Security number .I don't want to do that.Can you advise me?

Ben Corcoran
Ben Corcoran
answered on Oct 20, 2021

Ms. Whitehurst is correct and this does sound suspicious. The only thing that I would say is that setting up a beneficiary to an inherited IRA or stocks is part of the normal setup process, but absolutely can be skipped.

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1 Answer | Asked in Family Law, Real Estate Law and Landlord - Tenant for North Carolina on
Q: How do we get my brother in law to move out of our house? He never signed a lease. He's been with us 5 years.

He has paid rent the last two years. We told him last November that his deadline was August 2021. He hasn't left yet. We live in Florida.

Ben Corcoran
Ben Corcoran
answered on Oct 18, 2021

You are going to have to file a motion for summary ejectment, and one of you is going to have to come up to NC for the court date.

1 Answer | Asked in Small Claims for North Carolina on
Q: Can my uncle quit claim his deed to me even if it is a Va loan home
Ben Corcoran
Ben Corcoran
answered on Sep 29, 2021

Most mortgages have a due on transfer clause in the contract, which means that they could require full payment of the remaining balance of the loan. You should contact the mortgage provider to see what your options are.

1 Answer | Asked in Estate Planning and Real Estate Law for North Carolina on
Q: What is the best way to handle a home that needs major repairs in an estate?

My father died 08/2018. He left behind a home that was not well taken care of. He owed money on it, and i paid what i could on it from his bank account, but once that ran out, my sister and I paid it off. We have not tried to sell previously because our disabled brother was living there and had... View More

Ben Corcoran
Ben Corcoran
answered on Sep 29, 2021

It sounds like you and your siblings can agree to sell the house and divide the profits from the sale as you see fit. My guess is also that your role as executor has been completed but I do not know that for certain.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: In SC does a landlord have to give a reason to the tenant to move if the lease is up if he wants his property back
Ben Corcoran
Ben Corcoran
answered on Sep 29, 2021

This is the NC board, you will get a quicker answer posting this on the SC board. Most of the NC lawyers cannot answer your question.

1 Answer | Asked in Estate Planning for North Carolina on
Q: My ex-husband wants me to be executor of his will. Will he need to add a special amendment to his will?
Ben Corcoran
Ben Corcoran
answered on Sep 27, 2021

No, you can name anyone you choose to be your executor, it may be slightly out of the ordinary. However, your situation must be much better than many others.

1 Answer | Asked in Probate for North Carolina on
Q: My mom died 8 yrs ago. She lived in FL. still has bank accts. How do I gain control of them? I'm in NC.

I have her death certificate. I do not have her will. executor refuses to do anything about it.

Ben Corcoran
Ben Corcoran
answered on Sep 27, 2021

Ask this question on the FL boards, very few NC attorneys can offer legal advice regarding a FL matter.

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... View 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... View 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... View 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...
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