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Questions Answered by Rachel Lea Hunter
1 Answer | Asked in Contracts for North Carolina on
Q: Can a verbal contract with text message proof be legal after I have paid 3200.00 on a vehicle?
Rachel Lea Hunter
Rachel Lea Hunter
answered on Sep 21, 2013

Verbal contracts and text messages may be proof. How did you pay the money? By cancelled check? Or wire? Or western union? All those would be written proof and would be preferred.

People do not do business this way. If you are buying a vehicle, there should be a bill of sale and the...
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1 Answer | Asked in Estate Planning for Georgia on
Q: I have GATMA for grandchildren. What it the requirements or penaties for withdrawing and changing the type of acct?
Rachel Lea Hunter
Rachel Lea Hunter
answered on Sep 21, 2013

I looked at the GATMA provisions. There is nothing in the statutes which addresses this. I don't know what was transferred or its taxability. I am not aware of any penalties. Was this an irrevocable transfer? If it was, then you cannot withdraw anything.

How was this transfer...
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1 Answer | Asked in Consumer Law for Georgia on
Q: I have a credit card debt from 6/2008. The debt was sold to a collection agency in 1/2010. Can they still sue me?
Rachel Lea Hunter
Rachel Lea Hunter
answered on Sep 21, 2013

Yes. The statute of limitations is 6 years in Georgia as per caselaw. It does not matter when the debt was sold to the junk debt buyer. It matters as to when you last paid on the debt. If you last paid in June of 2008 then suit can be filed until June of 2014.

1 Answer | Asked in Probate for Georgia on
Q: Does a verbal contract concerning real estate hold up when a will is present

My sister took care of my father the last year of his life and he told her that because of that he wanted to give her his house. He drew up papers to do that but never signed them because he wanted to talk with me about it. He never talked to me and never signed the paper. She is now contesting the... View More

Rachel Lea Hunter
Rachel Lea Hunter
answered on Sep 20, 2013

Zero to very slim, although I don't know all the evidence. She is going to have some problems. First, if your father intended for her to have the house, he could have either given it to her while he was alive or made a will giving it to her when he was dead. Wills are not expensive things... View More

1 Answer | Asked in Collections for Georgia on
Q: Can a collection agency sue me for a seven year old medical bill in georgia after 6 years
Rachel Lea Hunter
Rachel Lea Hunter
answered on Sep 20, 2013

It depends. The statute of limitations in Georgia for a Georgia debt for most things is 4 to 6 years. The statute begins to run from the time that the bill was owed.

You do not indicate if the bill was incurred in Georgia or whether you made a payment on it. If you made any kind of a...
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1 Answer | Asked in Estate Planning for Pennsylvania on
Q: I am the beneficiary of a special needs trust but my trustee isn't doing his job what can I do?
Rachel Lea Hunter
Rachel Lea Hunter
answered on Sep 20, 2013

As a beneficiary, you are entitled to a copy of the trust. You need to take the trust to a probate/trust litigation lawyer and pay him/her to review it. You do not indicate how the trustee is not doing his job. Nor do you indicate whether this is a first-party or third-party special needs trust.... View More

1 Answer | Asked in Estate Planning for Pennsylvania on
Q: Moms will is going through probate. If we sell the house but hold the mortgage will the estate remain open until paid.
Rachel Lea Hunter
Rachel Lea Hunter
answered on Sep 20, 2013

How would you sell the house but keep the existing mortgage? That is not possible without violating the due on sale clause.

I assume there is a will and that the estate for your mother is in Pennsylvania. Either the personal representative should sell the home and satisfy the existing...
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1 Answer | Asked in Family Law for North Carolina on
Q: How can I change power attorney for my father because this is what he is requesting
Rachel Lea Hunter
Rachel Lea Hunter
answered on Sep 6, 2013

Your father has to be the one to make any changes to his power of attorney if he is mentally competent to do so.

Was his initial power of attorney drafted by a lawyer? Does it name a successor agent? Are you talking about a health care power or financial power or both? If a financial...
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1 Answer | Asked in Elder Law for Pennsylvania on
Q: Is my husband automatically my power of attorney or must I appoint him?
Rachel Lea Hunter
Rachel Lea Hunter
answered on Sep 6, 2013

You must appoint him. Otherwise, he has no authority to act for you when it comes to finances. For healthcare, you would make your own decisions if you are competent. If you are not competent and it was an emergency, perhaps your spouse could act but he would have to get guardianship papers. It... View More

1 Answer | Asked in Elder Law for Pennsylvania on
Q: Do I have rights as a Grandparent to see my grandchildren?
Rachel Lea Hunter
Rachel Lea Hunter
answered on Sep 6, 2013

It depends on facts which you do not divulge. Is the family intact? Then the answer is no. Parents have a right to decide who their child will associate with some exceptions.

Generally, grandparents can seek partial custody or visitation of their minor grandchildren in one of three...
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1 Answer | Asked in Health Care Law for North Carolina on
Q: I am my mothers power of attorney,my sister is on disability. How do I become her power of attorney?
Rachel Lea Hunter
Rachel Lea Hunter
answered on Sep 6, 2013

Who is her? Your post indicates you are already power of attorney for your mother. Just because your sister is on disability does not mean that she is mentally incompetent to handle her affairs or those of her person. It is up to your sister if she is mentally competent as she can make you her... View More

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Can an HOA board make rules changes within the Declarations of an HOA WITHOUT a vote ?
Rachel Lea Hunter
Rachel Lea Hunter
answered on Sep 6, 2013

Read your declarations and covenants and the bylaws of the HOA.

See also NC GS § 47F-3-106. Bylaws.

(a) The bylaws of the association shall provide for:

(1) The number of members of the executive board and the titles of the officers of the...
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1 Answer | Asked in Real Estate Law for North Carolina on
Q: Can a developer assess lot owners for capital improvements if the development doesn't have an HOA?
Rachel Lea Hunter
Rachel Lea Hunter
answered on Sep 6, 2013

Read your declarations and covenants. These should address what can be done by a developer before the HOA is created. All new developments over a certain size (20 lots or more) have to have an HOA at some point.

See NC GS § 47F-3-115, Assessments for common expenses, below. If there is...
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1 Answer | Asked in Real Estate Law for North Carolina on
Q: If a spouse is on the deed but not on the loan , are they partially responsible in the event of foreclosure ?
Rachel Lea Hunter
Rachel Lea Hunter
answered on Sep 6, 2013

No. If the property is foreclosed on, the spouse who is on the deed but not on the loan is not liable for the debt or any deficiency. He/she would get notice of the foreclosure sale and any other foreclosure proceedings.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: How long do I have to live in North Carolina before I can purchase a home?
Rachel Lea Hunter
Rachel Lea Hunter
answered on Sep 6, 2013

I am not aware of any residency restriction. If there were, then people outside the state would be unable to buy a vacation home here.

If you have the money or can get financing, you can buy property at any time.

1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: I live in pa. I have a case with drs.Debt has been caused by this agencies employees. Can I sue to get my losses back?

First I was ordered to pay $1500 a month in support.

This order happened 4 weeks into me being an owner operator.

I feel thry disregarded my business expenses. It was either pay for my business or pay the support.

By doing so I got put in debt.

Went back to being a... View More

Rachel Lea Hunter
Rachel Lea Hunter
answered on Sep 6, 2013

Why is this a bankruptcy question?

Spousal or child support has nothing to do with debts. You have an obligation to support your child if this was for child support.

Your suggestion that drs. debts (whoever that is) froze your account makes no sense. No one can "freeze"...
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1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: What different types of property fall under "tenancy by the entirety" in Pennsylvania for bankruptcy Chapter 7 filings?

In filing a Chapter 7 bankruptcy in Pennsylvania, does tenancy by the entirety apply to just real estate, or does in apply to bank accounts, personal property like clothes or furniture, vehicles, etc.? I'm married but I want to file only for me, not both my wife and I.

In order to take... View More

Rachel Lea Hunter
Rachel Lea Hunter
answered on Sep 6, 2013

Tenancy by the entirety is a concept that applies only to the ownership of land.

Pennsylvania allows you either to claim the federal exemptions or the state law exemptions. I don't know what you own, but the state law exemptions are limited to: $300 in any one bank account, clothes,...
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1 Answer | Asked in Consumer Law for Georgia on
Q: I am going to the atty gen office in askinf for 200 thousand dollars on a company. Can I do that or do I need a lawyer

This company has some contradictions on their website. When you first log on you'll see how they do a bkground chk on all of their empl how their empl have to take an oath & this company stands behind each & every person they hire. If the cust isn't satisfied you'll get... View More

Rachel Lea Hunter
Rachel Lea Hunter
answered on Sep 6, 2013

You need a reality check. The state attorney general is not there to act as a lawyer for you. They are there to protect the citizens of a state from harm or unscrupulous business practices. If the company is engaging in harmful conduct that affects a large number of citizens, report the company.... View More

1 Answer | Asked in Estate Planning for North Carolina on
Q: Dad owns his NC home but lives up north. Our brother is renting the NC home, which is willed to us 3 siblings.

Upon Dad's passing, what will we need to do if our brother won't move out and we want to sell the NC home?

Rachel Lea Hunter
Rachel Lea Hunter
answered on Sep 6, 2013

First, your father is still alive. Your father really needs to have a will. It sounds like he does but it also sounds like he has not given very much thought to this situation or else it has changed since he did the will.

I suggest strongly that if he is mentally competent that he sit down...
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