answered on Nov 1, 2013
Can you get current in 30 days n your mortgage?
Further, do you make less than the means test amount? I assume you do because you are unemployed but a chapter 7 will not let you keep your house. If you have no means to get current the mortgage lender will either seek to lift the automatic... View More
answered on Nov 1, 2013
Chapter 20s were eliminated supposedly by the Bankruptcy Abuse Prevention & Consumer Protection Act. What this means is that a debtor can no longer file a chapter 7 bankruptcy and get discharge and then file a chapter 13 and get a discharge.
Debtors can still do the chapter... View More
answered on Nov 1, 2013
Not paying one's debts is not usually a matter for criminal law. Unless you "borrowed" the money with the express intent never to pay it back, then the answer is no.
Is this a payday loan? Payday loans are illegal in NC. See the article on payday loans at my website:... View More
answered on Nov 1, 2013
What is a "re-send" law?
What are you looking for? There are provisions in the Motor Vehicle Code (Title 20 of the NC Gen. Statutes) that deal with transferring a used motor vehicle that is either a flood/salvage/rebuilt vehicle or vehicle that has been in a wreck and damaged. The... View More
I Live in another city and was not even informed of my grandfathers death until after the funeral. when I ask her any questions she becomes very defensive and will not even answer simple questions. So I just want to know if there is a way for me to check on this without having to deal with her as... View More
answered on Nov 1, 2013
Yes. Contact the clerk of the probate court in the county where your grandfather resided at the time of his death and see if an estate has been probated. I would let at least 30 days pass following his death before you start to check. If the clerk says there is no estate keep checking every... View More
A land deed was filed years ago giving multiple children (4) the land and granting lifetime rights to the parent. The parent now desires to have all 4 children sign deed back to the parent in order to sell timber and divide the land. (Note: the land has not been divided)
If one refuses to... View More
answered on Nov 1, 2013
I answered this question on another site. But for the benefit of readers, the parent has a life estate and the 4 children have an undivided 25% remainder interest.
I am not sure why the 3 children would need to convey the property back to the parent to do the timber - as long as all the... View More
answered on Oct 4, 2013
It depends on what your paperwork says. Did you get a residential real property disclosure form? What was noted thereon about any plumbing issues? What about an inspection of the home? Did you have one performed by an independent inspector?
What is the particular plumbing issue? When did... View More
No will for father or mother
answered on Oct 4, 2013
Why was this not done a long time ago?
When your mother died in 2001, I presume that she was the sole owner of the property at that time and she had not remarried. The question is, do you have any other brothers and sisters? Did your mother have a will at the time of her death?
If... View More
answered on Oct 4, 2013
Not necessarily.
Why was the ward living in GA? Did the ward intend to move there? Where did the ward own property, if any? Where is the property now?
If there is no property in GA but its in FL, there really is no point probating an estate in GA. In that case, I would probate... View More
Father is deceased I am the biological daughter what legal rights do I have to claim what belonged to him in his name.
answered on Oct 4, 2013
You do not provide enough information. Where did your father live at the time of his death? When did he die? Was he married and was his spouse alive? Did you have any other brothers and sisters? Did he have a will? You indicate that you are the biological daughter. Biology aside - what... View More
answered on Oct 4, 2013
I am not sure that you necessarily have to file probate. First, who is this letter from? What is the unclaimed cash from?
Most states have escheat laws. Basically, these provide that an insurer or a bank has to hold property for a certain period. If the funds remained unclaimed for this... View More
answered on Sep 21, 2013
Neither. Its divisible property unless there was some kind of property settlement or free-trader agreement in place.
See NC Gen. Stat. § 50-20. Distribution by court of marital and divisible property.
(a) Upon application of a party, the court shall determine what is the... View More
answered on Sep 21, 2013
NO. NC is a no-fault divorce state. To get a divorced, it does not matter who did what to whom. All that matters is that the person filing for a divorce has lived here for at least 6 months and that the parties have been separated for a year and a day.
Adultery would be grounds for a... View More
answered on Sep 21, 2013
Get a divorce lawyer. There is a set process you have to follow. You have to try to serve by regular methods before you can go to the court and ask for permission to serve by publication.
Assuming that the person works, it is very difficult for someone not to be found. There are people... View More
answered on Sep 21, 2013
Divorce is a state concern, not a federal concern. There are no federal divorce laws. I am not licensed in Illinois so I have no idea about Illinois law. You should direct any questions about Illinois law to an Illinois family lawyer.
I am not sure what you are asking. Just because a... View More
answered on Sep 21, 2013
Place of marriage is not relevant. You can file divorce where either of the parties reside. If you live here then you can file for divorce here in NC as long as you have resided in the state for at least 6 months and you have been separated from your husband for a year and a day.
The... View More
answered on Sep 21, 2013
Yes, as long as it was signed by both you and your spouse and notarized. The problem is that if it was not incorporated and merged with the divorce decree, if your spouse does not abide by the agreement, you would have to go to regular court, not the divorce court for the breach and to get it... View More
answered on Sep 21, 2013
See a real estate attorney. It can probably be done by a quitclaim deed deeding the house from your husband to you and your husband as tenants by the entireties/husband and wife. Deeds are not all that expensive.
If the home is mortgaged, your husband might also want to check with his... View More
I don't want a judgment against him but especially not indicating he lives at my address. Can I notify the court that they have the wrong address? Or is the whole point for whoever is suing to use the wrong address so you won't respond. He has not lived here for 7+ years.
answered on Sep 21, 2013
Back up. You say you got an advertisement for legal services. Ads are not the legal complaint. The complaint may have been properly filed.
Ads are filed in advance of service of the lawsuit. What happens is the lawyers subscribe to a service that tells the lawyer when a certain kind of... View More
answered on Sep 21, 2013
3 years for a civil suit. If you are talking about the statute of limitations for crimes, its 2 years for misdemeanors. There is no statute of limitations for felonies.
Communicating threats is a crime. You don't sue on that. You might sue civilly for something (not sure what it... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.