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Questions Answered by Ben Corcoran
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... View 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... View 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...
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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... View 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... View 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... View 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... View More

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: is it legal for my landlord to give me 30 days to find another place to live because she refuses t repair water damage

from a leak that happened last year August? My lease is set to renew July 1st. I’ve asked them to repair the damage in my kitchen and they’re ignoring my requests. Instead she wants me gone in 30 days and I’ve been a long time renter for 8 years!!

Ben Corcoran
Ben Corcoran
answered on Jun 22, 2021

Unless your lease contains a very unusual renewal provision they are absolutely within their rights to decline to renew the lease. Even with the facts you laid out, I would be very surprised if they would be required to renew your lease.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: We purchased our home in NC in 1996. At the time of purchase, the entire backyard was fenced in with a 6 ft stockade

A new neighbor moved in 3 weeks ago. He claims that the fence is encroaching on his property by 1.3' and would like us to remove it. We have lived here since 1996 and the fence was in place by the previous owners. In that time, 3 different people lived there over the course of 25 years and... View More

Ben Corcoran
Ben Corcoran
answered on Jun 22, 2021

You would have to file an action for adverse possession, you would likely succeed given the facts that you stated. I recommend finding a local lawyer to assist you in this as it is a complicated matter.

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: $83k value intestate estate, $23k to lawyer. Clerk of Court requested lawyer petition for fees. Why is this being done?

Closing out estate after almost 2 years. The overall estate value is $83k with $23k going to the lawyer. Now Clerk of Court is requesting lawyer petition the court for fees. I am supposed to sign a document agreeing to this. Why am I being asked to do this? Is this normal? Is Clerk questioning the... View More

Ben Corcoran
Ben Corcoran
answered on Jun 22, 2021

Some Clerks across the state require that lawyers petition to get fees paid, others view it as an issue between the executor and the lawyer. This sounds like an example of the first issue, and you have to comply with the Clerk's wishes.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: what if a minor turns 18 while family is renting? I live in a apt complex and my son will be 18 in August

He is still in school. He is a senior now. My landlord told me when he turns 18 they need to run his credit etc to see if he qualifies to put him on the lease but he is already on the lease

Ben Corcoran
Ben Corcoran
answered on Jun 11, 2021

I advise my landlord clients to put any person residing in the home over the age of 18 on the lease. I think this is what your landlord should do to protect themselves.

1 Answer | Asked in Estate Planning and Civil Litigation for North Carolina on
Q: My stepdad died last year, he did not have a will. Can his two sons taker her to court and sue her?

He left her the money and the cars. One son took her to court already, can he do it again? Also, the middle son is threatening to taker her to court as well. What can she do?

Ben Corcoran
Ben Corcoran
answered on Jun 2, 2021

Without seeing the bank account information and car titles I can't guess as to the ultimate outcome of the suits, but you can sue anyone for anything. I am guessing that the bank accounts were joint with right of survivorship accounts and if so then they pass outside of the estate, the car is... View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for North Carolina on
Q: Do i have rights to stay on land?

My father passed away. I have a home in front of his and have been living here for 25 years. My stepmom still lives behind me in their home, and now the land is in her name. Can she make me move or do I have rights to part of the land that my home is setting on?

Ben Corcoran
Ben Corcoran
answered on May 27, 2021

Without looking at the deeds, I cannot give you a definitive answer, but based on what you said, I suspect that you have no right to live on the property should your stepmother revoke permission.

1 Answer | Asked in Estate Planning and Real Estate Law for North Carolina on
Q: My father died in 2018 and had a will. I am executor of the estate. I'm still paying the mortgage for the house.

How do I get the mortgage in my name?

Ben Corcoran
Ben Corcoran
answered on May 17, 2021

Talk to the bank and get it refinanced into your name, unfortunately, this will cost some money but the bank will likely eventually force you to do this or pay it off fully.

1 Answer | Asked in Probate for North Carolina on
Q: In NC can a girlfriend of over 20yrs inherit anything from partner who has died? He had property and has a bank account.

His sister has taken over the house and everything. The car was to go to me and my name is on title. There is no will. It is like I don't or never existed. They have been using his money.

Ben Corcoran
Ben Corcoran
answered on May 17, 2021

Without seeing the car title and bank information, I cannot answer your question fully. However, the likely answer is that no, you will not inherit anything. Since the car was at least partially titled to you should still have an interest in that. The bank accounts ownership depends on how they... View More

2 Answers | Asked in Estate Planning and Real Estate Law for North Carolina on
Q: I own 1% of my father's house for tax purposes upon death. He wants to transfer house to me now.

Is this allowed? Is there a certain number of years that have to pass for this to be legal and the nursing home not get to claim his house?

Ben Corcoran
Ben Corcoran
answered on May 13, 2021

I agree with Ms. Whitehurst and would add that unless your family is prepared to pay out of pocket for a nursing home for your father, I would not recommend transferring the remainder of the property now. Provided the deed granting you 1% was done correctly, you should be listed as joint owner with... View More

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1 Answer | Asked in Real Estate Law for North Carolina on
Q: If a tree on your property falls on someones house are you responsible?
Ben Corcoran
Ben Corcoran
answered on May 12, 2021

You are generally only liable if you had prior knowledge that the tree was in danger of falling. This could be knowing that it was dead or leaning. If it was a perfectly healthy tree that a storm knocked down, then generally no, you are not liable.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: I was over my mothers finances while she was alive. Sold her house in july 2015. She died in oct if 2020. Signed money

To me. Does my siblings have any claim on the money. Will says estate to be divided between us kids. In the state if ohio

Ben Corcoran
Ben Corcoran
answered on May 12, 2021

If your mother died in Ohio, then Ohio law controls and this board would not be able to answer your question unless someone on here is licensed in both states.

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