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Questions Answered by Rachel Lea Hunter
1 Answer | Asked in Probate for North Carolina on
Q: My father passed february 2013. I'm an only child at 33 . He wasn't married, so am I entitled to a yearly allowance?
Rachel Lea Hunter
Rachel Lea Hunter
answered on Jul 19, 2013

Seriously? No. See the statute NC GS § 30?17 below. The statute was designed to provide some means of sustenance for a woman and small children if the husband or sole breadwinner died or was killed prematurely. It was not meant to provide support for adult children who are presumptively... View More

1 Answer | Asked in Estate Planning for North Carolina on
Q: If a person dies with no will, has 2 surviving sons, who is responsible for the deceased persons property and etc.
Rachel Lea Hunter
Rachel Lea Hunter
answered on Jul 18, 2013

If a person dies in NC without a will, its called dying "intestate." In such case, the state intestacy law provides that all the probate assets of the dead person, if he/she had no spouse, would pass to the sons in equal shares. This includes any land. Since title to the land passes to... View More

1 Answer | Asked in Collections for Texas on
Q: I have a final court ordered judgment for collection completed in Las Vegas need to enforce, can it be done in PA?
Rachel Lea Hunter
Rachel Lea Hunter
answered on Jun 29, 2013

Does the debtor own property in Pennsylvania? If so, then the Las Vegas, Nevada judgment can be registered in Pennsylvania or any other state in which the debtor works or owns property. Once it is domesticated (that is a fancy term for registered) then it can be enforced like any other... View More

1 Answer | Asked in Collections for Maryland on
Q: Is there a maryland law that protects against debt collectors calling other people and telling them about your debt?
Rachel Lea Hunter
Rachel Lea Hunter
answered on Jun 29, 2013

I don't know about Maryland specifically. Some states have such laws; most do not. However, there is a federal law called the fair debt collection practices act. It provides that a debt collector is only permitted to contact third-parties (like an employer or co-worker or relative) once for... View More

1 Answer | Asked in Collections for Wisconsin on
Q: After billing how long does a business or collection agency have before the bill is no longer viable?
Rachel Lea Hunter
Rachel Lea Hunter
answered on Jun 28, 2013

They have until the expiration of the statute of limitations. I am not licensed in Wisconsin - some states have 3 years (like NC) or 4 years (like PA) or 6 years (like GA).

Wisconsin seems to be 6 years, but I am not certain what kind of debt this is (credit card or other) and it may be a...
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3 Answers | Asked in Collections for Indiana on
Q: Can I settle out of court and who do I contact?

I just got served papers that being sued for owing a creditor money beginning back in 2005. The company suing me I believe is a collection agency and I have never received or heard of this company nor have I received any information, letters or phone calls stating that I owe this amount or about... View More

Rachel Lea Hunter
Rachel Lea Hunter
answered on Jun 28, 2013

Contact the attorney for the creditor. However, its not uncommon for bad debts to get bought up by a junk debt buyer, even bad student loan debt. So it is not remarkable that you have not heard of the company suing you.

Before you settle though, I would seek out an attorney specializing in...
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1 Answer | Asked in Probate for Georgia on
Q: What is the statute of limitations on filling a claim for missing property, including cash, in a probate case in Georgia?
Rachel Lea Hunter
Rachel Lea Hunter
answered on Jun 28, 2013

There are not enough facts in your post. Are you alleging that the personal representative of the estate did not do his/her job properly?

If so, there is a 10 year statute of limitations. § 9-3-27. Actions against fiduciaries

All actions against executors, administrators, or...
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1 Answer | Asked in Estate Planning for North Carolina on
Q: Spousal allowance and timeline allowed to file?

The filing for spousal allowance of $20k was formally filed about two weeks after the one year date of death (but within one year of the filing for approval as executor to handle the estate). The filing was initially approved by the court, but I was then later contacted a few months afterwards and... View More

Rachel Lea Hunter
Rachel Lea Hunter
answered on Jun 28, 2013

If this was so important to the surviving spouse then one would think that she would have timely filed for it. See below statute.

§ 30?16. Duty of personal representative, magistrate, or clerk to assign allowance.

It shall be the duty of every administrator, collector, or executor...
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2 Answers | Asked in Collections for Georgia on
Q: If a firm files a judgement against me for compensation owed can I pay the client and deny the judgement/dismiss case?

Civil case filed against me. I would rather just pay the client instead of going to court or settling and paying legal fees.

Rachel Lea Hunter
Rachel Lea Hunter
answered on Jun 28, 2013

You pay the law firm who is suing you on behalf of the client. What kind of debt is it? Who is the law firm? How much is sought? Would the creditor/law firm be amenable to settling the debt for something less than 100% of what is sought?

Please contact me at rachelforjustice@hotmail.com...
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1 Answer | Asked in Estate Planning for Georgia on
Q: How long will it take for the judge to respond to my response to summery judgement? She has had it for 4 mo, good or bad
Rachel Lea Hunter
Rachel Lea Hunter
answered on Jun 11, 2013

Why is this an estate planning question? Estate planning deals with people who are living considering wills or trusts to provide for the transfer of their assets when they die.

What is the lawsuit about? Are you the plaintiff or defendant? If a motion for summary judgment was filed by the...
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2 Answers | Asked in Contracts for North Carolina on
Q: Do I need a contract or real estate attorney?

We put in an offer on a short sale home yesterday. We were aware there was also another offer on the house so we actually offered more than the asking price. We were informed by the seller agent that we were the high offer and she would submit our bid to the bank for their approval. However, last... View More

Rachel Lea Hunter
Rachel Lea Hunter
answered on May 31, 2013

You need a real estate litigation attorney. If the seller of the property accepted your offer then you could sue for specific performance. If the seller never accepted your offer there was no contract - no meeting of the minds so there would be nothing to enforce and no way to interfere with the... View More

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1 Answer | Asked in Consumer Law for North Carolina on
Q: Salesman lied about condition of used suv. Vehicle purchased in VA. Do I consult with a consumer attorney in NC or VA?

Vehicle check engine light came on same day of purchase shortly after leaving the dealership.Strong smell of oil continued to get worst, vehicle leaking oil and coolant. Paid $9,995 for vehicle and repairs are $10,149.79.

Rachel Lea Hunter
Rachel Lea Hunter
answered on May 31, 2013

Virginia. If the car was sold in Virginia then Virginia law is going to govern here.

1 Answer | Asked in Health Care Law for Georgia on
Q: Assist medically dead sister-in-law with after death legal issues (no POA). We live in PA. & she is in GA. hospital.

S-I-L has no assets and we have little means. We plan to pay for cremation and past due rent. Is a lawyer (with our limit funds) really needed and how can they help? (Looking in Marietta, GA area.) - What advise can you offer us. Thank you.

Rachel Lea Hunter
Rachel Lea Hunter
answered on May 31, 2013

Not sure what medically dead is. Either she is dead or she is alive but comatose or in a vegetative state. If she is alive, a decision would have to be made to the pull the plug I suppose. If she is dead dead then other than arranging to remove her possessions from her apartment and having her... View More

1 Answer | Asked in Estate Planning for Pennsylvania on
Q: My kids' grandmother passed away 12-14-04. they want to know how to find out if she left them any money?
Rachel Lea Hunter
Rachel Lea Hunter
answered on May 31, 2013

Was a will probated for the grandmother? Where did grandma live at the time of her death? What assets did grandma have that you know of?

If grandmother has been dead for almost 9 years, where have the grandchildren been? Why was this issue not raised sooner? Even if the children were...
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1 Answer | Asked in Estate Planning for North Carolina on
Q: Do siblings have a priority right to serve as Personal Representative of an intestate estate in North Carolina?

More specifically, a priority right over the same-gender partner of the decedent?

Rachel Lea Hunter
Rachel Lea Hunter
answered on May 31, 2013

Priority over who? The statute below sets for the the order of priority. Basically, its the spouse and then the children and then anybody else. If the children cannot decide then any of them can apply for letters and if any object they can file objections and then the court will... View More

1 Answer | Asked in Elder Law for Georgia on
Q: A wife needs to know how she can get her husband to sign papers; he's 80 and a senior
Rachel Lea Hunter
Rachel Lea Hunter
answered on May 31, 2013

The same way he ordinarily signs papers. If the is mentally competent to know what he is signing its not an issue. If he is not mentally competent, then he cannot sign a paper or make a power of attorney nominating an agent. In such case, guardianship would have to be established (for his person)... View More

1 Answer | Asked in Elder Law for Pennsylvania on
Q: My lady friend lives in a nursing home.we want to get married and live happy together.how do I get her out legally.?
Rachel Lea Hunter
Rachel Lea Hunter
answered on May 31, 2013

Why can't she just leave? Is she mentally competent?

If your post suggests that she is not mentally competent and that she has a guardian who refuses, then you would need to see a lawyer about this.

2 Answers | Asked in Banking for Georgia on
Q: How can I enforce a bank out of state to pick up a vehicle in which I want to surrender or voluntarily repossess?
Rachel Lea Hunter
Rachel Lea Hunter
answered on May 31, 2013

Why do you want to do this? There is no difference between a voluntary and involuntary repossession. I am not sure why a debtor would want to do this.

If you wish to surrender your vehicle, you could try returning it to a dealer who deals in that make of vehicle or where you bought the...
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1 Answer | Asked in Bankruptcy for North Carolina on
Q: What does diversity-negotiable instrument mean?

Being sued by a bank for diversity-negotiable instrument.

Rachel Lea Hunter
Rachel Lea Hunter
answered on May 31, 2013

Without looking at the document, I cannot say. However, if you are being sued, then you need to think about (a) whether this debt is yours; (b) whether the lawsuit is timely; and (c) how you are going to resolve the debt.

If you are interested in resolving the debt in a non-legal...
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