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Questions Answered by Ben Corcoran
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
Ben Corcoran
answered on Aug 21, 2023

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

1 Answer | Asked in Real Estate Law and Landlord - Tenant for North Carolina on
Q: How do you sue a landlord for wrongful eviction in Mecklenburg County?

About $20,000 of business property has been removed from my rental space. I’m late on my July rent and only received a notice from the landlord’s attorney about paying the past due amount. A formal criminal police report was filed on 8/20/2023.

Ben Corcoran
Ben Corcoran
answered on Aug 21, 2023

Hire an attorney; this amount is too large for small claims court, and I would not recommend representing yourself in district court.

1 Answer | Asked in Criminal Law, Family Law, Real Estate Law and Elder Law for North Carolina on
Q: My father has dementia and my brother got him to sign a power of attorney. My brother has know claimed all his property.

Not legally as I have the deeds. Father is alive, Mother deceased. He is claiming squatters rights that he's living with my father over 2 months. Some lawyer told him can claim the property? Is this legal?

I have the deeds as my brother is an ex-con.

Ben Corcoran
Ben Corcoran
answered on Aug 17, 2023

You probably need to get an attorney to look at everything.

The physical deeds are just pieces of paper the only thing that matters is what is recorded in the register of deeds.

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
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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2 Answers | Asked in Personal Injury for North Carolina on
Q: Is there an agreement that I can have part time farm help sign so that they can't sue me if injured on the farm?

Employment agreement

Ben Corcoran
Ben Corcoran
answered on Aug 7, 2023

Your employment contract can limit your liability but likely cannot completely eliminate it. You can likely eliminate liability caused by the actions of the employee but not by other employees, yourself, or certain accidents.

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1 Answer | Asked in Probate for North Carolina on
Q: In probate how do kids sign off their part of house to mother? In husbands name only in SC.
Ben Corcoran
Ben Corcoran
answered on Aug 1, 2023

You should ask this in the SC section of these boards. You will get NC attorneys primarily here.

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
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
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

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: when someone dies what does the estate of mean

who is the representative of the estate. if no one was appointed in a will or POA

Ben Corcoran
Ben Corcoran
answered on Jul 12, 2023

The POA is void upon death, and the will is what controls who the clerk chooses to appoint. It is ultimately up to the clerk, but they almost always follow the will.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: In NC, can a property management co. (landlord) require renters to buy renters insurance from one & ONLY one ins. co.?
Ben Corcoran
Ben Corcoran
answered on Jul 12, 2023

No, they can recommend but not mandate.

1 Answer | Asked in Estate Planning and Elder Law for North Carolina on
Q: Is the Lady Bird deed still recommended in NC and is title insurance a problem?

Primary interest is nursing home protection

Ben Corcoran
Ben Corcoran
answered on Jul 12, 2023

It is one of the ways to protect the home from Medicaid claims currently. Without a more detailed consultation, I cannot recommend it over any of the other methods.

1 Answer | Asked in Estate Planning and Real Estate Law for North Carolina on
Q: My stepfather didn't put the house in a trust. Do I inherit the house even if the stepsister never lived here?

I'm in North Carolina, and the state only recognizes biological and adopted children unless otherwise noted on a will or trust. My stepfather's daughter lives out of state and has never lived here. The only time she ever visited was to ask for money. I find it worrisome that the... View More

Ben Corcoran
Ben Corcoran
answered on Jul 5, 2023

Take all the documents to a local lawyer and get their opinion. This question cannot be answered without a full understanding of all the facts and a review of the documents.

1 Answer | Asked in Contracts and Real Estate Law for North Carolina on
Q: Is a purchase agreement to sell legally binding if the owners did not sign but the spouse did (whose name isn't on it)
Ben Corcoran
Ben Corcoran
answered on Jul 5, 2023

It is only binding on the parties who actually signed the document.

1 Answer | Asked in Real Estate Law and Legal Malpractice for North Carolina on
Q: What is considered attorney malpractice in terms of real estate closings?

The attorney handling the sale of a purchase of a home in another state neglected to provide in a timely manner the wiring information needed to close on the sale of the home. He refused to accept a certified bank check. Our bank would not wire funds unless it was done in person, so not over the... View More

Ben Corcoran
Ben Corcoran
answered on Jul 3, 2023

It likely did not rise to the level of malpractice. However, it would likely be enough to collect any amount directly tied to the issue from the lawyer. I would start by asking the lawyer directly and escalate from there.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: I have been sharing a well since 1985. I have never had any problems with the previous owner., which has always rented .

The new property owner has turned water off. Do I have any rights

Ben Corcoran
Ben Corcoran
answered on Jul 3, 2023

Your rights depend on whether or not you had a formal lease in place, if you did not then your rights are pretty minimal. It would likely cover them not turning off the water without notice, but not much beyond that.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for North Carolina on
Q: I've had 2 vehicles in my yard for over a month. 1 does not run and doesn't have rear tires.

Is it legal or possible in NC to take ownership of vehicle so repairs can be made? The vehicles also need to be inspected, have insurance put on them, and tags and registration.

Ben Corcoran
Ben Corcoran
answered on Jul 3, 2023

You can apply for an abandoned vehicle title, this is done either by filling out the form found online or going to your local DMV office. It will take some time but is possible.

1 Answer | Asked in Contracts and Real Estate Law for North Carolina on
Q: Builder did not disclose that new HOA mgmt co would charge us fees for submitting requests, says unaware. Is this legal?

When we signed our contract there was nothing in there about additional HOA fees charged by management companies for submitting requests. We were only told about dues and other fees. Now they have handed it over to mgmt co who charges for requests and when I emailed the builder they said they... View More

Ben Corcoran
Ben Corcoran
answered on Jun 29, 2023

I would advise that the HOA hire an attorney to review the situation. There are too many unknown facts to be able to give you the answers you are looking for.

1 Answer | Asked in Traffic Tickets for North Carolina on
Q: Moved to NC 3 months ago. Get pulled over for speeding. My court date was yesterday and I missed it. What can I do now?

I was driving back from Maryland from picking up my son and I literally was going around someone slow in the left lane when I sped up to get past him and switch back into the left lane the cop was in front of me and said I came up on him too fast.

My fear is I’m going to go to jail for... View More

Ben Corcoran
Ben Corcoran
answered on Jun 29, 2023

Depending on the nature of the ticket, it could be a very simple fix or might involve slightly more money. Hire a local traffic attorney to assist you. You will generally get a better deal than negotiating yourself.

1 Answer | Asked in Foreclosure, Land Use & Zoning, Landlord - Tenant and Probate for North Carolina on
Q: Can I claim the more left of from foreclosure if the loan was in my husband's name but deed was in mine?

My husband took off in 2018 I paid the mortgage and went to nursing school. I was fine right up.until the pandemic. The mortgage was in his name but the deed in mine. I made the mortgage payments, am I entitled to and of the funds left over from the foreclosure sale? I looked online for some reason... View More

Ben Corcoran
Ben Corcoran
answered on Jun 29, 2023

Based on this fact pattern, you should be the recipient of any excess funds in the foreclosure process. I would advise that you hire an attorney to represent you during this process to ensure that your interests are heard in court.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: What is the Inheritance tax on real property laws in Puerto Rico for non residents?

I inherited a house in Puerto Rico from my mom after her passing. She was a resident of PR but I am not. What % do I have to pay for taxes? Is that percent on the net gains?

Can I reduce the tax by including improvements and mortgage payments that I made after her death?

Thank you!

Nancy

Ben Corcoran
Ben Corcoran
answered on Jun 27, 2023

While there are probably some attorneys barred in NC and Puerto Rico, there are not many. You will get much better advice posting this on the Puerto Rico portion of this page if one exists.

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