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North Carolina Real Estate Law Questions & Answers
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, Real Estate Law, Elder Law and Probate for North Carolina on
Q: My Grandfather died in 2007, he was 92 yrs old. His step children took him to change his Will, shortly before his death

My Brother and I were his only Grandchildren. Our Father (his Son), was an only child, died in 1978.

His 1st Will had left his home to my brother and I, which had been that way his entire life!

He had a home, his 3rd wife had a home elsewhere. It was agreed, his property would go... View More

Nina Whitehurst
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answered on May 21, 2021

If the will the stepchildren obtained has been accepted by the probate court without challenge and if you were properly notified of the probate case at the time and given a copy of the will, chances are it is too late to contest it now. Contact a probate attorney in that county for a complete... View More

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.

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?

Nina Whitehurst
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answered on May 12, 2021

Yes, that is legal but it is either a good idea if done right or a disastrous idea if done wrong. If you try to do this yourself you will most likely do this the wrong way if you yourself are not an experienced elder law attorney.

Regardless of how you accomplish the transfer, this will...
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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.

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: Does the Sellers Obligation to remove all property before closing on house include tenants property?

Currently under contract to buy a house. It is occupied by a renter (tenant). Concerned that we do not have a legally binding guarantee that the renter will vacate the property by closing. There is a clause in our contract about the sellers obligation to remove all personal property from the... View More

Ben Corcoran
Ben Corcoran
answered on May 12, 2021

When you purchase a property, generally, you take it subject to any lease on the property. I would have to read your contract to tell you specifics. The seller may not be able to evict the tenant at this time due to their existing lease.

1 Answer | Asked in Real Estate Law and Collections for North Carolina on
Q: Does a judgment HAVE to remain in court records for 10 years in NC?

I had a lien on my property associated with a judgment. The lien was satisfied but the judgment remains in the court records. It expires in 5 months. Is there any way to have it removed immediately, or does it have to expire. The creditor said they will NOT extend the judgement.

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on May 10, 2021

If you paid the judgment directly to the creditor, send them a letter (use certified mail or priority mail so you have proof of delivery and save a copy of your letter) demanding that they advise the Clerk of Court about the payments you made and advise the Clerk that the judgment is fully... View More

2 Answers | Asked in Real Estate Law for North Carolina on
Q: Do I need an attorney to force a land sale co-owned by me and 3 siblings in North Carolina.

.363 a. Carteret County, NC, house $10,669, land value $246,017. 4 siblings inherited land from their parents. The 4 live in Moore County, NC. No one lives in house. It has been damaged over the years by storms as it is located on Bogue Sound.

Anthony M. Avery
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answered on May 10, 2021

I recommend a competent attorney to prosecute a Sale For Partition Action as soon as possible. Such a Case is usually complex and there is no room for error.

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1 Answer | Asked in Real Estate Law for North Carolina on
Q: I am a part owner of a property that is owned through a trust and I was told by one of the other co-owners

That I need to vacate by 5/31/21.

Said that if we don’t leave they will take legal actions to have me removed.

Is this legal?

Ben Corcoran
Ben Corcoran
answered on May 10, 2021

Without being able to read your trust documents I can't tell you what your options are. My advice is that you take a copy of the trust documents to a local lawyer and have them review them. Generally, a part-owner is not allowed to evict another part-owner, however, since the owner is actually... View More

1 Answer | Asked in Real Estate Law for North Carolina on
Q: I am in contract since February 9th 2021 with a possession before closing contract.

We were supposed to close March 10, then he delayed to March 31, then again to April 6, 9th, 16, and now may 10. We signed the possession before closing and we paid him $2000 for that month of rent his contract never stated rent afterwards and we would have paid had he asked or it had been in a... View More

Ben Corcoran
Ben Corcoran
answered on May 6, 2021

Without reviewing your contract no lawyer will be able to advise you on whether or not you have a case. You likely have one of two cases here. The first demand performance under the contract (sell you the house) and the second unjust enrichment, for the $30,000 you spent on the kitchen. Take all... View More

1 Answer | Asked in Real Estate Law for North Carolina on
Q: If a person wanted to apply for a lease but didn't make the minimum income requirement, what could they do?

What would the consequences be for lying about their income to qualify for a place to live, as long as they didn't miss any rent payments going forward. In this situation they don't have any beneficiary that could co-sign the lease.

Ben Corcoran
Ben Corcoran
answered on May 6, 2021

Probably the worst that could happen is that the misrepresentation is a breach of the lease and they can be evicted. From there it depends on the lease terms, potentially having to pay court costs and attorney fees.

2 Answers | Asked in Real Estate Law for North Carolina on
Q: I have been financially responsible for a home that I am listed on the deed as owner with the right of survivorship.

The co-owner now wants me to sign a quit claim and give her the house with no remuneration. She is in ill health and needs the money and wants to sell but not split the $. I have refused. I currently live in this house with my wife. Is there anything she can do to legally force me out of this house... View More

William Stanger
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William Stanger
answered on May 3, 2021

In California, one co-owner of a property can force another co-owner to sell by bringing a civil lawsuit for "partition." If the dead clearly shows that you both are co-owners of the property together and there is no dispute about that, then her right to partition is nearly absolute.... View More

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1 Answer | Asked in Real Estate Law for North Carolina on
Q: My home builder hasn't started home and is now demanding us to agree to a $50,000 price increase. What should I do?
Ben Corcoran
Ben Corcoran
answered on May 3, 2021

I see that you are posting from NV, but in NC, is this correct? If not, you may be getting incorrect advice.

What you should do depends on whether or not you have signed a contract with the builder. If you have a contract in place, then I suggest you demand performance under the contract....
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1 Answer | Asked in Estate Planning and Real Estate Law for North Carolina on
Q: What happens to vehicles, when land, Inherited in 2011, with said vehicles still on county tax roll, is sold?

The court appointed administrator has not processed the vehicles listed in the estate with the NCDMV. The heirs do not have legal authority to settle the vehicles. They do have ownership of the tract of land and have a contract to sell the land.

Ben Corcoran
Ben Corcoran
answered on Apr 23, 2021

You need to talk to the administrator, it is their responsibility to transfer ownership of the vehicles to the heirs. If you do not want to go through the hassle you can leave them there and let the new owner deal with the problem.

1 Answer | Asked in Real Estate Law and Probate for North Carolina on
Q: My husband passed away eight months ago before we titled vehicles in my name. They are tagged in MN and we live NC now

We were living in MN and moving to NC when my husband passed away in WI, eight months ago . We didn't have a will and before we could transfer the MN vehicle's to NC he passed away. We no longer have a MN address and our permanent address is in NC. North Carolina said I need MN to tell... View More

Ben Corcoran
Ben Corcoran
answered on Apr 22, 2021

You and your husband likely became domiciled in NC when you left MN. As such your need to open a probate in NC, you do this by talking to the clerk's office in the county you intended on living in. Once you accomplish this you can transfer the titles to your name. You will have to notify any... View More

1 Answer | Asked in Civil Litigation and Real Estate Law for North Carolina on
Q: Can I be evicted before June 30, 2021 under the CDC Care Act, after receiving a notice of non-renewal of lease in March?

Vacate date April 30, 2021.

Ben Corcoran
Ben Corcoran
answered on Apr 19, 2021

depends on what they are trying to evict you for, the only evictions that cannot happen right now are for non-payment of rent or fees. If they are evicting you based on the theory that your lease term expired then yes you can be evicted.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: I want to create a joint tenancy on my home with my sister. What kind of lawyer do I need and what will it cost?
Ben Corcoran
Ben Corcoran
answered on Apr 7, 2021

I notice that you are in Chicago; if the property is in NC, then this forum is the correct place, but if not, you will likely need to post it in the state where the property is located.

If the property is in NC, any lawyer can do this, but real estate attorneys have more experience in the...
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2 Answers | Asked in Real Estate Law, Estate Planning and Probate for North Carolina on
Q: My father passed away last yr. I have a question about the estate and my rights. Can I make my sister move off property

the property was willed to the 3 of us. however my sister has moved into home not paid rent to me or my brother, nor paid the property taxes.

She wont let myself nor my brother on property unless she is there and we still have personal items to be devided between us. She told me I have to... View More

Anthony M. Avery
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answered on Apr 2, 2021

It appears no Probate has occurred, and this might be a good candidate for such a procedure. Probate Administration is expensive and lengthy, but that is probably the only way to really resolve the situation. Hire a competent attorney and do not forget about the taxes, which might be construed... View More

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1 Answer | Asked in Contracts and Real Estate Law for North Carolina on
Q: Good Morning, I am seeking legal advice on how to get the earnest money that is owed to my wife and I.

THe first Buyers that we were under contract with backed out of the contract 14 days after the contracted settlement date and weeks after Due Dilligence had expired. The closing attorney that represented the, last I heard because the attorney no longer responds to my emails or calls, has the money... View More

Ben Corcoran
Ben Corcoran
answered on Apr 1, 2021

I would have to review the contract to see what you are entitled to. There is a big difference between earnest money and a due diligence fee.

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