Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Ben Corcoran
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.

1 Answer | Asked in Civil Litigation and Real Estate Law for North Carolina on
Q: Real Estate dispute: What recourse is there? one party gave a room for rent without informing the owner.

Party A, and B.

Party A lives on property, gave monetary value, during closing, to own 25% of the property. There is no writing in place. Their name is not recorded on the deed. Credit was not pulled. Verbal agreement was : to help pay half of the mortgage and other costs. Take care of... Read more »

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Jul 19, 2022

This situation is difficult to determine, and I would have to review all documents to give you a complete answer. However, legalistically, it sounds like you are the only property owner, which would make the other "owner" a tenant or guest on the property. Where it goes from there, I... Read more »

1 Answer | Asked in Real Estate Law for North Carolina on
Q: I have a contract to sell my house for cash. The company sent a termination letter today with no explanation. Help?

Can they do this with no explanation? We were set to close next Friday. We have refused to sign the termination agreement.

There is nothing in our contract stating anything about canceling the contract on either party.

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Jul 19, 2022

Without reading your contract, no lawyer is going to be able to give you advice on what your options are. My guess is that they had a clause in the contract that allows them to do this, but I don't know.

1 Answer | Asked in Estate Planning for North Carolina on
Q: My dad is 83 and fixing to married a 51 year old my mom died 3 yrs ago my parents own 6ac is step intilled if dad dies
Ben Corcoran
PREMIUM
Ben Corcoran
answered on Jul 14, 2022

Your dad's new wife would only be added to the property if he made a new deed. Alternatively, if he left her the property in his will, she would get it when he passes.

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: Do I have to pay back my aunt?

My grandmother passed away and will states everything divided between her 3 children. One is my father who died before she did, so I know I inherit his third. My aunt is asking for me to pay her back outside of the inheritance for groceries and household goods and transportation she paid for over... Read more »

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Jul 14, 2022

No, you do not have to pay her back. If she wants to be paid back, the proper channel is by making a claim against the estate.

1 Answer | Asked in Estate Planning for North Carolina on
Q: How long do I have to file after someone’s death for the executor of estate in nc?
Ben Corcoran
PREMIUM
Ben Corcoran
answered on Jul 11, 2022

There is no time limit, however, if you do not apply within 90 days of death then someone else may be able to step in your place.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for North Carolina on
Q: How do I find out the P.oA of an inmate? The inmate is detained in Anson Correctional
Ben Corcoran
PREMIUM
Ben Corcoran
answered on Jun 29, 2022

The inmate may have their PoA on file at the local register of deeds, however, most PoAs are not recorded unless necessary. Additionally, it is very likely that no PoA exists for the inmate. The only way to know for sure is to ask the inmate themselves.

1 Answer | Asked in Estate Planning and Elder Law for North Carolina on
Q: 1: I want estate ownership moved to a relative

1: I want estate ownership moved to a relative (great nephew). Estate (house and 9 acres).

2: I want to live in house and maintain yard (1 acre) as it is mine.

3: I want not to show any income increase (capital gain, other).

4: Inheritance Will with rights of ownership at... Read more »

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Jun 27, 2022

It sounds like you need to have a consultation with a lawyer to explain what you want to do and why you are doing it. Because while everything you asked is possible it may not have the effects you intend.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Is my NC filed and registered Power of Attorney valid in Maryland?
Ben Corcoran
PREMIUM
Ben Corcoran
answered on Jun 27, 2022

It should be valid, however, you may need to take additional steps to use it in MD. Ask this on the MD boards rather than the NC board you will get a better answer.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: NC registered mobile home has 2 -1st lien holders on title. 1 died. Will this add his 6 beneficiaries as additl 1st LH

My parents are one of the original 2 first lien holders . Can they release the title back to me or do my parents plus all of the deceased grandfathers beneficiaries which consist of 5 individuals & his church have to all complete the Affidavit of North Carolina Lienholder form MVR-46D in order... Read more »

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Jun 27, 2022

Without seeing your grandparents will and getting a full timeline together of when the events took place I can't answer your question with any specificity.

However, my thoughts are that you should probably try and get everyone to sign.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: If you was given a home to stay in and they said they could never give you the land but I would never be put out

And I have put 15,000 into this home and now a year later my dad's cousin is telling me I have to end of year to be out like is there anything I can do

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Jun 27, 2022

You can do several things; you can sue to have an injunction issued that would prevent you from being evicted. You would have to convince the judge that you were told this by one of the owners.

The second thing you can do is sue for unjust enrichment, basically saying that you have...
Read more »

1 Answer | Asked in Probate for North Carolina on
Q: how can i get my name on deed on house inherited after sister passed. nc law says i dont need name on deed

sister had no will. not married and no children.

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Jun 23, 2022

If you want your name on a deed, you will have to file one at the register of deeds. You can do this, but I advise you get a lawyer to draw up the document.

The actual legal transference happens when you probate a copy of her estate in the county where the property is located.

1 Answer | Asked in Estate Planning and Traffic Tickets for North Carolina on
Q: An organization refuses to admit not seeing a sticker on my car for parking, forcing me to pay a “discount”. Legal/Sue?

My apartment complex put a tire clamp on my vehicle because they thought they didn’t see a sticker. I had talked to them about overriding it because it’s there but they claimed the sticker needed to be placed in the front. No instruction was given to me and nowhere on the lease does it... Read more »

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Jun 13, 2022

Send them a copy of your lease, you are not bound by a term that is not contained in your lease. Politely ask them to remove the jack and waive the fine. If they refuse then threaten legal action.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Right of Way on Plat

We found out .2 acres of our lot was not ours. We bought from the owner for a small amount, plus legal fees. The sellers were the developer who sold to individual lots to a construction company. The construction company refused to buy the lot I am writing about. The county required the... Read more »

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Jun 13, 2022

What the County told you is correct, currently, even though there is no road on your lot, every owner in the subdivision has an interest in that .2 acres. You will need to have someone draw up a deed from all other owners and get them to sign to remove that right of way.

1 Answer | Asked in Estate Planning for North Carolina on
Q: If my wife had a will prior to our marriage that involved her ex husband, is it now null and void automatically?

Wife has a will that involves others including her ex husband. We have been married for a few years and recently came across this will. As we are married and have been so for 8 years, is this will automatically null and void or does she need to do through something else in order to cancel it. And... Read more »

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Jun 9, 2022

Depending on the wording of the will, any portion that mentions her ex may be void. However, the best resolution for both of you is that you have new wills drafted. The new will would override the older one and you should be advised on how best to protect your assets going forward.

1 Answer | Asked in Real Estate Law and Municipal Law for North Carolina on
Q: During our appraisal it came to light that there will need to be a few repairs done to the house is the sellers liable?
Ben Corcoran
PREMIUM
Ben Corcoran
answered on Jun 8, 2022

No, the sellers do not have to fix anything, but you have the ability to renegotiate the contract anytime during the due diligence period.

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: When someone dies Intestate and there were children out of wedlock, do they inherit?

My husband and I were married 21 years. During that time he had children with other women out of wedlock. What constitutes those children being legitimate to inherit from him? He isn't on either of their birth certificates. He did pay child support and signed an affidavit while legally still... Read more »

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Jun 7, 2022

Unfortunately in this scenario, all of your husband's biological children as well as yourself are heirs. However, there are some options available to you as the spouse that may cause all of the assets to pass directly to you rather than to all of the heirs.

Contact myself or another...
Read more »

1 Answer | Asked in Real Estate Law for North Carolina on
Q: When both spouses die in a TBE marriage, no will The wife had nothing. Who’s heirs are entitled?

The land came from my grandmother, brought in 1949. Grandmother died with no will and my father inherited all her property, then signed a Tenants By Entirety on the property with his 2nd wife(not my mother)

He died first with no will, then she died later on with no will and, the property... Read more »

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Jun 6, 2022

The biological/adopted children of the wife would be the new owners in the scenario you laid out.

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: Can the Attorney create a original from a copy if witness will sign it again even though Testor is deceased?

We can only find a copy of my grandfather's Will. His attorney has a copy as well but the original was given back to him

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Jun 2, 2022

Without your grandfather's original signature any copy is just that a copy.

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: Dying without a will in North Carolina

If there is no will and the only major asset was a primary residence owned jointly with the surviving spouse, will the surviving spouse be eligible for 100% of the real estate simply because they were jointly on title? All other assets probably worth under $20K.

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Jun 2, 2022

Without seeing the deed I cant say for certain but I would be very surprised if the estate did not pass exactly as you describe.

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.