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North Carolina Questions & Answers
2 Answers | Asked in Real Estate Law for North Carolina on
Q: Property bought by two sisters, one sister marries. The married sister passes away, is the husband entitled to 50% of

Land. Land purchased before her marriage.

Jonathan Shbeeb
Jonathan Shbeeb answered on Mar 3, 2021

It depends upon how the property was owned by the sisters. Can you maybe give some more context? Was it owned as tenants in common or as joint tenants with a right of survivorship?

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1 Answer | Asked in Real Estate Law for North Carolina on
Q: Can a vacation property be rented for compensation other that money?

We own a vacation property in a 6 unit building. Covenants state no renters. One owner allows her church members to use her unit 2-3 times a month. We can not prove money is exchanged. She swears the value to her is intrinsic. These unaccompanied guest cause numerous problems much like renter... Read more »

Ben Corcoran
Ben Corcoran answered on Mar 2, 2021

Without reading the full covenants and any other pertinent documents I cannot answer this question.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Chapter 47F-3-103 states that the current board can be voted out. Are the current board members dismissed immediately?

We planned to vote out our current HOA board to do a long list of issues plaguing our community. We will call an emergency special meeting with the stated quorum of lot owners in our Bylaws and have a vote. If the existing HOA Board is voted out during the Special meeting, do all members retain... Read more »

Ben Corcoran
Ben Corcoran answered on Mar 2, 2021

In order to answer this question, I or any other lawyer would need to review the documents that govern the HOA and the board. There should be something in there that deals with this situation.

1 Answer | Asked in Divorce, Family Law, Real Estate Law and Civil Rights for North Carolina on
Q: Can I move back to the marital home if my spouse moves out after he was granted possession with a DVPO?

He'll tell the real estate agent he is moving out. If he is gone for 30 days and I'm there, I have a right to privacy. He wants to move in with the other woman to sell the house. He was granted possession. The home is jointly owned by myself and him. I can cancel the sale before the 45... Read more »

Ben Corcoran
Ben Corcoran answered on Mar 1, 2021

I am answering these questions as if the house is in NC, I am not sure given that your address is listed in VA, if the house is in VA then my answers may be wrong.

If he was granted possession then no you cannot move back in without something terminating his exclusive possession....
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1 Answer | Asked in Copyright for North Carolina on
Q: Copyright and Public Domain

Hello,

I would like to use personal letters, purchased by me at an auction, in a book. People who wrote these letters passed away and 70 years have lapsed after their death. Many of the letters were written in the late 1800s. Are these letters in Public Domain? Am I allowed to use them in... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Feb 26, 2021

You should always consult an attorney and this is not legal advice nor forms any attorney client relationship

IF you own the original manuscripts of a work, and the copyright period has expired and nobody else can make a claim to it, most likely you are the owner of it and can do what you...
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1 Answer | Asked in Probate for North Carolina on
Q: Is it feasible (next of kin) to attain an Attorney for a simple (99%) Probate - no heirs/spouse/children; <$50K Estate?
Ben Corcoran
Ben Corcoran answered on Feb 26, 2021

Given the fact that you are posting this from TX, I would recommend it. Having a local attorney would probably be worth the hassle of closing the estate.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: My family members are renting a house in North Carolina.

My daughter has moved most her belongings into the house and now she’s been told that the landlord daughter is moving in not my daughter .They had a verbal agreement and were supposed to finalize and sign contract next week.We have cleaned the house inside to get ready and was told it was ok to... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Feb 26, 2021

Unfortunately, since there is no signed contract, the verbal agreement is not enforceable. Try to work out something with the landlord to get a few more days time in exchange for the time and labor expended cleaning up the house.

2 Answers | Asked in Consumer Law and Civil Litigation for North Carolina on
Q: I brought a burger from a restaurant and the wrapper smell like urine. What lawyer's will be best to handle my case
Lynn Ellen Coleman
Lynn Ellen Coleman answered on Feb 26, 2021

A personal injury attorney. If you did not become physically ill, require medical attention or psychological counseling, your recovery won't be a whole lot. A personal injury attorney can explain the details.

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1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Tenant lawyer needed

Told roommate I was moving out in 10 days, because of the hostile living conditions created by himself and one other roommate. I refused to stay there in those 10 days following because of how intimidating, negative, and all around abusive behavior directed towards me. I am sure it was all for the... Read more »

Ben Corcoran
Ben Corcoran answered on Feb 25, 2021

Google lawyers in the area or use the find a lawyer function on this site.

1 Answer | Asked in Estate Planning for North Carolina on
Q: If a Will is separate from an IRA of a decedent, should the Executor of the Will be giving beneficiaries IRA info?

The Will does not include the IRA. It is separate from the Will. The spouse is the sole beneficiary named in the IRA. The Spouse disclaims a portion of the IRA and the children now are beneficiaries of the portion disclaimed. The Executor of the Will wants to disclose to the children all of the... Read more »

Ben Corcoran
Ben Corcoran answered on Feb 25, 2021

Without reviewing the IRA documents, I cannot answer this question because it depends on the IRA distributions' specific language. By disclaiming a portion of the IRA, you may have placed that portion in the estate. That being said, my first impression is that what is in the IRA or any of the... Read more »

1 Answer | Asked in Wrongful Death for North Carolina on
Q: What motion do I need to file if the judge calls out sick? When is it too late?
Peter N. Munsing
Peter N. Munsing answered on Feb 24, 2021

the judge will normally reschedule. I'm not sure what your question is about, and suggest you speak with a North Carolina attorney.

1 Answer | Asked in Criminal Law, Employment Law and Federal Crimes for North Carolina on
Q: I’m facing a larceny by employee class h larceny felony, I have no criminal record at all, was told there was video

However, I was never read my Miranda rights when first arrested and never was until I was in front of the judge for my very first ever court date... a day later. I’m not sure what to do as this is my first ever run in with the law.

Ina Shtukar
Ina Shtukar answered on Feb 24, 2021

You should retain a criminal defense attorney. He or she may be able to make all the difference. Do not face this alone! Once the case is resolved, you could probably expunge it. Good luck!

1 Answer | Asked in Probate for North Carolina on
Q: Can a wife sell land and homes owned by husband and his parents before he was married to his first wife, and she is 2nd

He died 2 yrs ago, they have 1 child from separate marriages and 1 child together. My mother in law insists the house we occupy is now hers as she sold the family home. My husbands grandparents and father expressed that husband would get our home which he has been in for 20yrs. Noone else has seen... Read more »

Ben Corcoran
Ben Corcoran answered on Feb 24, 2021

I would have to review the will (if it exists), the estate file (if it exists), and other relevant documents to be able to answer your question. My advice is to hire a local attorney to review the issue and give you their opinion.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: If I bought land in NC before I was married, does my wife have to sign any legal papers for me to sell it.

I was told that her name had to be in order to sell by the realtor

Ben Corcoran
Ben Corcoran answered on Feb 24, 2021

Yes, unless you have a pre-nup that covers the issue. Even with a pre-nup the title insurance company may require your wife's signature on the deed.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Co-ownership: Considerations when selling your stake in a property

My wife and I co-own a vacation property with another family (50% each). We are interested in selling our part to the family currently owning the other 50%.

1. Is a Quit Claim Deed the best way to exchange funds and separate from this agreement?

2. Would a QCD change the tax... Read more »

Ben Corcoran
Ben Corcoran answered on Feb 23, 2021

1. Normally I use a QCD when transferring partial interests between owners.

2. The QCD does not make the proceeds from a sale automatically a charitable donation. Excise tax and other taxes would still be applicable to any purchase/sale.

3. This is a question for your tax preparer,...
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3 Answers | Asked in Immigration Law for North Carolina on
Q: I was married in Florida. Can you still represent me? If so, could I get an estimate of the price include all paper work
Agnes Jury
Agnes Jury answered on Feb 22, 2021

It does not matter where you got married. You can hire a licensed immigration attorney in ANY U.S. State. The cost will depend on what your immigration needs are. Most attorneys will be able to give you an estimate, some charge fixed fees and others (like me) even disclose their fees on their... Read more »

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1 Answer | Asked in Family Law, Health Care Law and Nursing Home Abuse for North Carolina on
Q: My beloved brother of 49 yrs suffered a stroke Jan 7,2021and was discharged today. He requires 24/7 coverage. I need to

Take care of my brother and become his conservator. How can I make this happen?

Ben Corcoran
Ben Corcoran answered on Feb 22, 2021

In NC this is called guardianship, not conservatorship, I advise that you speak to a local lawyer to assist you with the process. If you want to attempt the process on your own speak to the local Clerk of Court.

1 Answer | Asked in Immigration Law for North Carolina on
Q: I married an American citizen it’s been 2 years of marriage. My husband abandoned me, can I apply for green card?
Ina Shtukar
Ina Shtukar answered on Feb 22, 2021

Absolutely. You do need an attorney to guide you through this process as you might have to adjust your status as a "battered spouse." Physical abuse is not a requirement - it can be purely psychological in nature. Abandonment would fall under the category of "extreme cruelty."... Read more »

3 Answers | Asked in Immigration Law for North Carolina on
Q: Can I (USC) marry my Mexican fiance in the US with his B1/B2 visa. Then return to Mexico for the immigration process?

We want to marry here in the USA. He will need to return to Mexico because of his job. I plan to go back with him after the wedding, and we will start the 1-130 Spouse visa petition from Mexico. Can we get married here with his tourist visa?

Ina Shtukar
Ina Shtukar answered on Feb 22, 2021

As long as your fiance is not out of status (his visa hasn't expired), you can certainly get married here in the US. The best part is that he does not need to leave the country to adjust his status. In addition, while it may not impact your case, the Biden administration is working on changing... Read more »

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1 Answer | Asked in Real Estate Law for North Carolina on
Q: I'm the executor of my dad's estate. Do I need my husband to sign to sell the house?

I plan to sell the house and the agent asked if I'm married and she said he needs to sign the listing agreement so I can sell and at closing to release the deed.

Ben Corcoran
Ben Corcoran answered on Feb 22, 2021

Depends on if you are selling it yourself or under the estate. I would have to look at the will and prior deed in order to answer your question fully. I advise that you hire an attorney, to assist with the sale.

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