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North Carolina Questions & Answers
1 Answer | Asked in Real Estate Law for North Carolina on
Q: Hello. My mother passed away last year. She has a mortgage and I’m the executor. I want to keep the house. What do I do?

My name is Keshia.

Ben Corcoran
Ben Corcoran answered on Jan 27, 2022

Talk to the bank normally mortgages are not assignable and you will have to enter into a new mortgage with the bank.

1 Answer | Asked in Estate Planning and Real Estate Law for North Carolina on
Q: Can I prepare the quick claim deed? Can all parties sign one document? Does a notary have to be present during signing?

I was designated as the executor of my grandmother's will. In her will she left her home to her surviving children (my mother, aunt and two uncles) who wishes to quick claim deed the house to me.

Ben Corcoran
Ben Corcoran answered on Jan 27, 2022

I would advise having an attorney draw up the deed just to make sure everything is done properly but yes you can draw up the deed and it should be signed in front of a notary. All spouses will have to sign as well.

1 Answer | Asked in Banking and Real Estate Law for North Carolina on
Q: I want to sell my house to my son for the cost of the current mortgage. He will live here and remodel.

What is the least expensive loan option for him? Can he get a loan to pay off the current mortgage that includes a construction loan?

Ben Corcoran
Ben Corcoran answered on Jan 25, 2022

Talk to the bank; this is not a legal matter. It is strictly a financial decision by the bank.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: What are steps taken to secure will property in your name?

My mother left 63 acres to my sister and I but failed to divide it. What steps do i take to secure my share of acres in my name and how do I request the acres I prefer. Do I need a attorney to represent me in this matter?

Anthony M. Avery
Anthony M. Avery answered on Jan 24, 2022

Hire a NC attorney to search the title and determine ownership. It may be easy to draft two legal descriptions, but you will probably need to survey it for two tracts. Then each heir conveys the applicable tract to the other, in two Deeds.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: I own a house on family land that the family can't agree what to do with.

Me and my wife bought a house on her family's land. Recently their grandmother has died without a will leaving it to about 5 different hires. due to their financial issues no one wants to pay the mortgage left on the property. Just wondering what I can do legally or will we just lose our... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 24, 2022

Hire a competent NC attorney to determine heirship, and if there is sufficient equity, file an Action for a Sale For Partition. Act now.

1 Answer | Asked in Child Custody and Family Law for North Carolina on
Q: is it legal for my parents to keep me at home until i graduate even though i will already be 18

i will be 18 in december and i want to move out but i will still have 1 year of high school left. my parents told me i couldnt move out till i graduate. do they have the right to keep me from moving out until i graduate even tho i will already be 18.

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Jan 24, 2022

You legally can move out since you are 18, but if you do, your parents could easily stop supporting you, so this is a decision you will have to think carefully about.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: I'm unable to send a $10,000 tenant debt for collections b/c property manager refuses to disclose tenant information

I have a property in NC that was managed by a property manager. The previous tenant had to be evicted, and has a debt of $10,000. I'm no longer working with that property manager, and would like to send the debt for collections. The property manager refuses to disclose with me any personal... Read more »

Ben Corcoran
Ben Corcoran answered on Jan 21, 2022

Generally speaking, most of your tenant's information should have been in the eviction file at the courthouse, which is public record. If your tenant was a business then their information should be on the NC secretary of states webpage. I would advise hiring an attorney in the county where the... Read more »

1 Answer | Asked in Contracts for North Carolina on
Q: Paid dance tuition in full. Handbook states non refundable. Dance studio removed our family. Refusing to refund. Legal?

Removed effective immediately. Handbook states non refundable. But she is refusing services so shouldn’t I be entitled to refund of tuition paid?

Ben Corcoran
Ben Corcoran answered on Jan 21, 2022

Without seeing the entire contract, I could not speculate on the legality of the non-refundable clause. It will also depend on whether or not the dance studio is alleging that you breached one of their terms. I would advise sitting down with a local attorney and seeing what they think of the case... Read more »

1 Answer | Asked in Probate for North Carolina on
Q: Probate question regarding dwnpymt to contractor who passed. Family didn’t file probate said they would include claim.

Had contact to build fence. Made payment. Contractor died. Wife said she would include our claim. Numerous text messages. Finally I called courts. No probate case filed in his county of residence. Inform wife and now she isn’t responding. Can I sue his unfurled estate for my deposit?

Ben Corcoran
Ben Corcoran answered on Jan 21, 2022

Once 90 days since the death has passed, any interested party can open the estate and apply to be the administrator. However, you will likely have to post a bond, and the wife can claim the first $60,000 in the estate before any creditors get paid. I don't know how much your deposit was, but... Read more »

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Can LL still get 2 months rent when I break the lease if he is going to do a total remodel instead of re-renting?

The new apartment complex owners are not re-renting vacated units, they are totally remodeling them instead in order to get higher rent. Do I still need to pay 2 months rent to break my lease?

Randy Bryan Ligh
Randy Bryan Ligh answered on Jan 20, 2022

If the penalty for breaking a lease is 2 months then you are responsible for two months unless you reach some alternate agreement with your landlord.

1 Answer | Asked in Criminal Law, Family Law, Child Support and Juvenile Law for North Carolina on
Q: Can I be forced to continue financially and legally supporting my 18 year old if he's still in high school?

Long story short: He sexually abused my daughter, threatened to kill me over a misunderstanding, has been convicted (juvenile), is on probation in a sex-offender treatment facility for the last year and a half, and will turn 18 March 24th of this year. He already told me he will most likely... Read more »

Angela L. Haas
Angela L. Haas answered on Jan 20, 2022

If you think he will harm your daughter again if he returns, you CANNOT let him back in the home. You may need to contact Child Protective Services, and let them know the situation. Perhaps they can find a foster home for him. Financially, you and his father are still responsible for him. CPS may... Read more »

1 Answer | Asked in Divorce and Family Law for North Carolina on
Q: If I borrowed the loan for the house and the deed is on both names, can I leave that house due to substance abuse.

We also have a 10 yr old child. I want him to leave the house.

Angela L. Haas
Angela L. Haas answered on Jan 20, 2022

You can leave the house anytime you want. You will still be liable to pay the loan, however. If there is a substance abuse issue, there are other ways to force him to leave (if the right facts apply). Consult with a family law attorney about your options, and take that opportunity to have a... Read more »

1 Answer | Asked in Consumer Law for North Carolina on
Q: Does that law make them legally married, though? I’ve heard both yes and no, but nothing official.
Lynn Ellen Coleman
Lynn Ellen Coleman answered on Jan 19, 2022

Please delete this question and post mre details. What law are you talking about and what facts are you asking about? You have not given us anything to base an answer on.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: The company that built the house has sold to another builder. We had some water damage who is responsible for repairs
Ben Corcoran
Ben Corcoran answered on Jan 18, 2022

Generally speaking, when a company is bought, the buyer assumes all debts and liabilities of the selling company. I would advise contacting the new company and seeing if they will honor the warranty; if not, you should contact your homeowners insurance and they will hire an attorney on your behalf.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Can a Landlord evict you in the same month that you have paid your rent? Or do they have to give you 30 days to move out
Ben Corcoran
Ben Corcoran answered on Jan 18, 2022

It depends on what breach of the lease they are using as a basis for the eviction. If you paid fully and timely, then your landlord likely cannot evict you for failing to pay rent. However, they can still evict you for other breaches of the lease.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Bought a home 3 years ago, real estate agent got me an inspector, no structural issues were found at time of inspection

Hired a contractor and he advised me there is a structural issue. The previous owner removed 3/4 structural poles from basement to make it one large room and never reinforced the structure. I have been ripped off from a previous contractor and I don't have the funds to repair the structure,... Read more »

Ben Corcoran
Ben Corcoran answered on Jan 18, 2022

I cannot advise you on what your insurance may cover, and you will have to call them and ask that question. However, it sounds like you have a valid lawsuit against the home inspector. I advise contacting a local lawyer and have them give you a complete assessment of your situation. Be aware that... Read more »

1 Answer | Asked in Copyright for North Carolina on
Q: Can you copyright a children book in another name but still be paid a check in real name by store owner?

Rough background and other family members wants privacy.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp answered on Jan 17, 2022

The short answer is YES. It is perfectly fine and common for authors to be identified by pseudonyms (for instance, Dr. Seuss was actually Theodor Seuss Geisel). The copyright in the book by a pseudonymous author is registered in the author's real name, and legal transactions such as... Read more »

1 Answer | Asked in Car Accidents for North Carolina on
Q: I was involved in a auto accident. The other driver was charged. His insurance company is asking for a sworn statement
Tim Akpinar
Tim Akpinar answered on Jan 15, 2022

A North Carolina attorney could advise best, but your question remains open for two weeks. Your post did not include a question, but it is clear you are wondering what to do. An attorney in any jurisdiction would probably want to know more before offering any input. Are you represented by an... Read more »

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: My dad passed away recently. My mom filed out Application & Assignment of Year's Allowance.

This has been granted through the courts. How does she access this money & what can it be used for?

I don't understand where the money comes from (all that we have listed on the form is cars/boat/personal property). All bank accounts were joint. Is this money that she can get to... Read more »

Ben Corcoran
Ben Corcoran answered on Jan 14, 2022

Without seeing the actual order, I cant tell you how to access it. Generally speaking, you would take a certified copy of the order to the bank or other entity and that would allow her to withdraw the money or transfer the interest. But once she has the money it is her money.

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: Parents have a trust, but dad never changed titles of property or accounts into the trust. He recently deceased.

Mom is executor and trustee. Can mom avoid going to clerk of court or does she now have to open an estate? Should she still fill out that there is a will?

What does this mean..."If the trust hereinabove referred to in is not in effect at my death, or if for any other reason the... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 14, 2022

You are describing what sounds like a pour-over will. It means that the testator wants all of his property to be administered by the terms of his (or their) trust. The best practice is to transfer all property to the trust during lifetime. The pour over will is only there to catch things that... Read more »

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