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North Carolina Questions & Answers
0 Answers | Asked in Family Law for North Carolina on
Q: How do I file an agreed-upon parenting plan with the court?

I have read the Legal Aid packet about filing for custody, but it seems geared to when an agreement has not been reached. We have agreed and drawn up a parenting plan document. What do I need to do to/what forms do I need to file this plan with the court so that it has legal backing?

0 Answers | Asked in Criminal Law for North Carolina on
Q: Caregiver for stepfather from May 4,2024 until his death April 9 2024, I was kicked out of his house by biological April

14, 2024, I lived there 24/ 7 to care for him, do I have any rights

1 Answer | Asked in Probate for North Carolina on
Q: I have been paying on a piece of property and it was in probate . I have been paying the heir of the property can I take

Possession of property

Ben Corcoran
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Ben Corcoran
answered on Apr 17, 2024

You cannot take possession of the property unless the heir(s) execute a deed to you.

0 Answers | Asked in Real Estate Law for North Carolina on
Q: is it discrimination or a violation of fair housing law for a rental company to submit only 1 applicant for rental if

I was in contact w them for weeks prior about the unit. I asked if I could go ahead & apply they said no but would call when I could look at it. Got call end of day saying they were showing it. Called next day was told it'd be Mon bc of key. Viewed it at 4pm Mon called then to tell them I... View More

0 Answers | Asked in Insurance Defense and Legal Malpractice for North Carolina on
Q: We purchased a home cash the closing attorney missed a lien. Title insurance denied claim

Cost was close to 70k out of pocket. We don't know how to recover our losses. 36k was cash the other was lost in home sale. Title insurance took 1.5yrs to complete the issue, which we had to hire outside them to get completed as the were incompetent.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: HOA responsibility or Owner?

Under the HOA Declaration/Covenants/Bylaws an HOA is responsible for maintenance, repair and replacement of roofing. An owner is responsible for the walls inside their unit (Sheetrock, Paint etc). It rains and the roof leaks and the leak damages the drywall. It needs to be replaced and... View More

Ben Corcoran
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Ben Corcoran
answered on Apr 17, 2024

I can't render a legal opinion on this without a full review of the bylaws and covenants, but your logic is sound.

1 Answer | Asked in Consumer Law and Civil Rights for North Carolina on
Q: How do I find out if my house was raided illegally?
James L. Arrasmith
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answered on Apr 16, 2024

If you believe your rights were violated during a police raid, the appropriate action is to consult with a qualified criminal defense attorney who can review the specific details of your case. An attorney can assess whether proper procedures were followed and if there are grounds to challenge the... View More

0 Answers | Asked in Family Law for North Carolina on
Q: I am in a wheelchair and have one leg and one eye and an incurable bone infection I have to have a around the clock care

My friend is my caregiver I privately pay her I have to have constant care and everyone else is out of my price range with that being said can that get her probation officer to not have her do her 3 days for breaking her probation for failing a drug trst

0 Answers | Asked in Contracts for North Carolina on
Q: Can a car dealership change the contract i signed 2 months after ive had the car?

Essentially theyre saying they couldnt make the deal work we had and they had to use a different bank that will require another $1000 as an additional down payment

0 Answers | Asked in Consumer Law for North Carolina on
Q: Can a credit card company transfer a fraud recurring charge to my new card after the previous card was closed?

I had been with the credit card company for 15 years and recently ran into a fraud issue. I disputed the charge and cancelled that card and was issued a new one so they would not have my card info anymore. The dispute was in my favor. Later the same merchant tried to charge me again and the cc... View More

1 Answer | Asked in Uncategorized for North Carolina on
Q: I am trying to find the fourth court of appeals decision allowing passive distribution of bibles in school
James L. Arrasmith
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answered on Apr 15, 2024

The Fourth Circuit Court of Appeals covers Maryland, Virginia, West Virginia, North Carolina, and South Carolina. There have been several cases related to the distribution of religious materials in schools that have gone through this court.

To help me locate the specific case you're...
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1 Answer | Asked in Federal Crimes and Juvenile Law for North Carolina on
Q: I’m 16 and my girlfriend is 21. We have a baby on the way. Can i put my name on the birth certificate?

She’s scared to put my name on the birth certificate because she doesn’t want to get in trouble, will we be able to put my name on the birth certificate?

James L. Arrasmith
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answered on Apr 16, 2024

I strongly advise you both to consult with an attorney to understand the potential criminal implications and your legal options in this very serious situation, especially with a baby on the way. You may also want to seek guidance and support from trusted adults, like parents or counselors.... View More

0 Answers | Asked in Education Law and Juvenile Law for North Carolina on
Q: Would I be able to get emancipated and live with another (non-relative) adult?

Im 15 and I've been looking into emancipation for over 3 years now. I've talked to my school about still being able to go. I have a place where they would allow me to stay as long as i have a job and other basic rules. They also said that they would help me go through with this process.... View More

0 Answers | Asked in Family Law and Libel & Slander for North Carolina on
Q: Do you think it's possible that I could sue my husband's sister for slander and for taking his cell phone from him

His sister is telling right out lies on me and she's knowing that they are lies and she also stole 2 of my husband's cell phones I bought him

0 Answers | Asked in Family Law and Elder Law for North Carolina on
Q: Do you think it's doable for me to get guardian ship from my husband's brother and sister and have him moved to

A nursing home with me in Virginia he's currently in a nursing home in NC i am the one who took care of him when he was at home his family never came around unless they wanted something and i have witnesses who can testify to that

1 Answer | Asked in Family Law and Elder Law for North Carolina on
Q: Do you think it's doable for me to get guardian ship of my husband away from his brother and sister

I'm the one who took care of him when he was home his family never came around unless they wanted something and i have witnesses who can testify to that he's currently in a nursing home in NC and I am in the nursing home in Virginia I want him moved with me

Ethan A. Trice
Ethan A. Trice
answered on Apr 12, 2024

I am not licensed in Virginia, but I am licensed in North Carolina and several other states and will answer based on how North Carolina operates. Realistically, you'll need an attorney in each state or an attorney licensed in both states to do this.

In general, transferring...
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1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Is it legal for a landlord to issue a 5 day eviction notice via email and not file it through the court in NC?
James L. Arrasmith
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answered on Apr 16, 2024

In North Carolina, a landlord must follow specific legal procedures to evict a tenant. Sending an eviction notice via email without filing through the court is not a legally valid eviction process.

Here's what the law requires for a lawful eviction in North Carolina:

1. The...
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1 Answer | Asked in Real Estate Law for North Carolina on
Q: How do I get a title to a mobile home when one of the sellers on the title is deceased?

The living seller had the title notarized that he had a copy of her death certificate. DMV said I needed to have her sign the title. She died in 2007.

John Michael Frick
John Michael Frick
answered on Apr 11, 2024

You will need proof that the deceased seller left their interest in the mobile home to the living seller. Such proof might come in the form of a right of survivorship, or a probated will, or a declaration of heirship, etc.

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