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Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 6919
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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05-17-2016 – I live in North Carolina. My brother and I inherited

Customer Question

05-17-2016 – I live in North Carolina. My brother and I inherited my Father’s home as soon as he passed away in December, 2015 via a lifetime estate setup by a North Carolina Attorney. I am Long Term Disabled (I am slow and my dad’s death really hurt me). I suffer from cervical dystonia which is worse now and possibly cancer now. Stress makes my condition worse. I have 8 nerves cut in my neck in 1982, etc. (just a side note talking about the disability).
My Father’s home has been rented to the same person and social services took the money; since 2010. I can only do so much in a day. I have to look after myself, etc. My Brother and have been 50%/50% owners since my Father’s death in December, 2015. The rental agency sent my Brother the rental checks for Jan. thru April this year made out in my brother’s name only (mine not included).
My brother, without my knowing, opened an account in his name only. He had the rental agency cancel the contract. The rental agency sent my brother checks totaling over $6,000.00 and my Brother opened an account in his name only and placed the funds in his account. I in the meantime was searching then saw an attorney to see how this would affect my disability benefits. I have not presented this to his as I have just began that process.
Qt.: Since I am 50% owner; how could my Brother take the funds and place them into an account he set up? I gave him no permission to do this task and to leave me out. As it stands now; I have no access to the funds. Did he not breach the law? The renter remains in the home. I want the home appraised and placed on the market. Do I have a right in NC to remove the renter?
My brother ask me to sign a 30 day rental contract. I will not sign anything. The renter and my brother are “pals”. I own 50% of the home. Any suggestions as to what I can do – legal recourse? The renter just wrote another check out to my brother on 05-01-2016 for the month of April. I am sure my brother will place it in his acct.
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Irwin Law replied 8 months ago.
Since I am 50% owner; how could my Brother take the funds and place them into an account he set up? I gave him no permission to do this task and to leave me out. As it stands now; I have no access to the funds. Did he not breach the law? Technically, brother may have overstepped his authority as 50% owner;;] however, If you are on disability how do you know he wasn't and isn't trying to protect your disability income? I suggest that you immediately check with a elder law specialist to assess your position. If you need help finding one in your part of North Carolina, just tell me where that is and I'll send you a list of lawyers.
Customer: replied 8 months ago.
Personally I don't think he was trying to protect my disability income in the least. I know him. Yes send me a list of Lawyers - prefer outside of Concord NC. I wanted to have 2 1099s so my income would be seperate from his income for tax, etc. purposes. Thanks for your help.
Expert:  Irwin Law replied 8 months ago.
This is a very comprehensive list of area attorneys who normally are familiar with SSI, SSD and real estate ownership. I hope you get things worked out with your brother amicably. I am ready for your rating at this time. Thanks for using JUST ANSWER. https://www.justia.com/lawyers/elder-law/north-carolina/concord
Expert:  Irwin Law replied 8 months ago.
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