Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Ben Corcoran
1 Answer | Asked in Real Estate Law, Family Law and Adoption for North Carolina on
Q: I was adopted and my adopted parents are now both deceased am I entitled to the home and land

My adopted dad signed over the house and land to my sister which was his biological child and she didn't even tell me that my dad passed away and she told family it was because she didn't want to have to go through anything with me for the home and land is there anything I can do

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Jun 22, 2023

If your dad was of sound mind when he did this, then there is little you can do. If it was done using a power of attorney, then the transfer is presumed void. You should probably pay for a consultation with an attorney to see what they think of this before proceeding.

1 Answer | Asked in Uncategorized for North Carolina on
Q: My husband and I have been separated 5 years. He lives in a house in both our names. He needs to go into assisted living

If I sell house am I entitled to half the profit or does all have to go to assisted living facility

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Jun 22, 2023

It sounds like you are not currently divorced. If you sell the house, only half of it should go to your husband.

I would advise paying for specific legal advice as, depending on the current relationship, it may be in your best interests to hold onto the house.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: My mother passed away before making a will. She has house & land in her name. How do I get that in my name to sell?

My sister and I would like to sell the property, but we aren’t sure how to get it in our name. My mother was married to our father when she deceased, but his name isn’t listed on the deed. (They were married for 16 years, then they divorced and she purchased property… then remarried 20 years... View More

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Jun 22, 2023

Right now, based on your fact pattern, the house is owned by your father, your sister, and you. Even though there is no deed stating as much, that is still the case. You should be able to sell the property, but all three people and their spouses will have to sign the new deed.

1 Answer | Asked in Estate Planning for North Carolina on
Q: I am the Executor of my late sisters estate. She has a small home and a car. Her roommate refuses to leave the house

The roommate will not give me the keys or access to the house or car. He states he has a holographic will but will not give me a copy. I filed a Small Claims to make him leave and sent him a demand eviction letter. He refuses to leave. He is a career criminal out of jail on a secured bond.

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Jun 16, 2023

Unless the roommate is able to provide proof that satisfies the court of his ownership, the small claims eviction should be sufficient to remove the roommate.

But until he actually tries to challenge your probate authority, ignore his claim of the will. Make him prove that he has a valid...
View More

1 Answer | Asked in Contracts and Business Law for North Carolina on
Q: If a storage unit is purchased by a new company and they fail to have me sign a new contract, does the old still apply?

I rented unit about 15y ago. Storage facility has been sold twice to new companies. Neither owner had me sign a new contract. Does the originally contract stand? Also, they've raised the rent 3x in last 2 years with NO 30 days notice like before. Contracts states 30 day notice must be... View More

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Jun 13, 2023

I would have to review your old lease, but that is likely the one that is now in effect. The bill could be construed as notice, but once again, I would have to review the lease. I would probably sue in small claims court but understand that you will likely never see any of the money.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for North Carolina on
Q: Can our landlord coming to our rental every single day to use our water and invade our privacy?

we are private people. I don't want this guy to come to my house every day and use our water and water the grass and our flowers?? I am so very unvomnfortable. Do I have any rights?

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Jun 7, 2023

While the landlord is allowed to inspect the property, they are not supposed to use the property while you possess it via the lease. I would have to review the lease to ensure it is not allowed, but I don't think they should do this.

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: How much are services fees for filing inventory for decedents estate late?
Ben Corcoran
PREMIUM
Ben Corcoran
answered on Jun 6, 2023

There are no late fees, the fee is 4 cents for every $10 in assets of the estate. I would generally advise to ask the clerk to tell you how much you owe.

1 Answer | Asked in Estate Planning for North Carolina on
Q: How does a grantor of a living trust who is of sound mind but declining health transfer control to a successor trustee?

About 10 years ago my 85 year old widowed aunt created a living trust for her special needs granddaughter. My aunt is of sound mind, but her physical health is now declining. She wants to transfer control of the trust to the successor trustee. How does she do this, and does she need to retain an... View More

Ben Corcoran
PREMIUM
Ben Corcoran
answered on May 30, 2023

It depends on the trust document. Each trust has its own methods of changing trustees. The document should detail the process for transferring the trusteeship to a new party somewhere.

1 Answer | Asked in Divorce and Real Estate Law for North Carolina on
Q: I have land in North Carolina that was gift deeded to only me when married.Does my husband have any legal claim to it ?
Ben Corcoran
PREMIUM
Ben Corcoran
answered on May 18, 2023

Without seeing the deed it is hard to know for sure, but he does not likely have any real claim to it.

Generally speaking, should you die before him, he can assert some claims under NC law and he would have to sign any deed should you sell the property. And in a divorce, his claims would...
View More

2 Answers | Asked in Estate Planning and Probate for North Carolina on
Q: How to transfer title of house
Ben Corcoran
PREMIUM
Ben Corcoran
answered on May 16, 2023

By going through probate, you will transfer the title to the house. There is no need to draft a new deed in NC to transfer the title.

View More Answers

1 Answer | Asked in Traffic Tickets for North Carolina on
Q: i’m 21, just got my first speeding ticket and only ever ticket. He clocked me at 71 mph in a 55. what could happen?
Ben Corcoran
PREMIUM
Ben Corcoran
answered on May 8, 2023

You can likely get this downgraded to a charge of improper equipment, which will have minimal effects on you. However, it is at the local DA's description to do so.

1 Answer | Asked in Estate Planning for North Carolina on
Q: Can I override my status of being a beneficiary of an account, if I am also the executor of the estate?

If I am a beneficiary on an IRA but also the executor of the estate with a will that wants everything split 3 ways, will I be able to direct the IRA asset holder to disburse to the 3 people in the will (myself and two siblings) instead of just the beneficiary (me)? Thank you

Ben Corcoran
PREMIUM
Ben Corcoran
answered on May 8, 2023

Not likely the financial institution will all but certainly follow the beneficiary designation. However, you can make a personal gift if you want to after the distribution.

2 Answers | Asked in Real Estate Law and Arbitration / Mediation Law for North Carolina on
Q: How do I get my name removed from the deed of a house I co-own with my sister in North Carolina?

My sister and I inherited my parents’ Chapel Hill home in 2020. My sister, who resides in Chapel Hill, took care of the estate sale, and we agreed she would become sole owner of the house. When she closed the estate, she directed the estate lawyer to include my name as co-owner on the house. My... View More

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Mar 16, 2023

You can file a quitclaim deed which would transfer any interest you have to your sister. Your sister would not have to agree or even know about this deed. Contact any attorney in NC, and they can assist with this.

View More Answers

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: My Mother's will has 2 deceased children listed. Who is to be listed on the probate form other than the survivors.

I'm the executor and just need to know because she only stated in her will that the sale of home be divided among the children and no one else was listed.

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Jan 13, 2023

Normally the interest of your deceased siblings would pass to their children. However, in order to verify that, I would have to review the will and make sure it didn't specify a method for determining the heirs.

2 Answers | Asked in Estate Planning and Probate for North Carolina on
Q: Mom died with no legal will have half sister tht is not my biological father's daughter and she was never adopted intitl

My biological father never changed deed to property nor did my mom who has rights to property

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Oct 6, 2022

I believe you are asking who now owns the property, and I couldn't answer that without seeing the deed.

View More Answers

1 Answer | Asked in Real Estate Law for North Carolina on
Q: I live in north carolina and was left a house in illinois in a transfer on death instrument. How can I get the deed?

North Carolina doesn't recognize transfer upon death instruments, so how can I claim the house left to me?

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Oct 3, 2022

When it comes to real property, the law that governs it is almost always the law of the state in which it lies. So in this scenario, you need to be talking to an IL lawyer and see what needs to be done.

2 Answers | Asked in Divorce, Family Law, Immigration Law and Real Estate Law for North Carolina on
Q: my wife is registered in India, we are getting divorce in india, can i sell my home on my name without her signature ?

I

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Oct 3, 2022

Until the divorce is finalized your wife has an interest in the property and would have to sign any deed.

View More Answers

1 Answer | Asked in Divorce and Real Estate Law for North Carolina on
Q: Can my husband take my name off property we own together and put his sister on it without my agreement? we are married.

we’ve been separated 12 years. not divorced. she went to the registrar of deeds with a new deed with his and her name on it. my name is there without a signature. they recorded it. is it legal? did i lose my land?

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Sep 23, 2022

I would have to review the deed. He may have just conveyed his portion, but if he also tried to convey your portion then fraud was committed, and you should contact the local law enforcement.

1 Answer | Asked in Civil Litigation and Estate Planning for North Carolina on
Q: I am in NC and executrix of my father’s will. I inherited a home. Can I sell it while under a standstill order as long

As I don’t dispose of the proceeds?

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Sep 19, 2022

Without seeing the order, I doubt any lawyer would be able to advise you on how to proceed. You are likely going to have to pay someone to review it and give you specific advice.

1 Answer | Asked in Real Estate Law and Divorce for North Carolina on
Q: How is a house bought with inheritance money settled in divorce in NC?

We bought a home for cash in NC 7 years ago with proceeds from sale of home in VA, paid off by my husband’s parents estate. Separated since January when I left for a job across the country. He listed the house in late July and we have a buyer and contract, which he just decided not to honor.... View More

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Sep 14, 2022

I would need to review the deed to the house to give a definite answer.

However, it is likely that the house is in both your names and you and he own it as tenants in common. He is allowed to live there rent-free, but he is responsible for 50% of all expenses, taxes, utilities, hoa fees,...
View More

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.