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North Carolina Questions & Answers
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 Car Accidents for North Carolina on
Q: Is it legal for the police the let the other driver leave without getting a statement from both drivers ?
James L. Arrasmith
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answered on Apr 10, 2024

In most jurisdictions, it is not necessarily illegal for the police to let a driver leave without getting a statement from both drivers involved in an accident. However, it is generally considered good police practice to gather statements from all involved parties to ensure a thorough investigation... View More

1 Answer | Asked in Tax Law for North Carolina on
Q: How to avoid/reduce capital gains tax on property rented for over 5 years by investing the proceeds in a financial inves
James L. Arrasmith
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answered on Apr 9, 2024

Here are some strategies to potentially reduce or defer capital gains tax when selling a rental property you've owned for over 5 years and investing the proceeds:

1. 1031 Exchange: This allows you to sell an investment property and reinvest the proceeds into a "like-kind"...
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2 Answers | Asked in Personal Injury and Civil Rights for North Carolina on
Q: what makes an injury case? Does my husband even have the rights to open a case?

A few months ago a local company was laying fiber lines along the road and had to dig up sections of our yard, on sunday my husband was mowing and didnt see a sink hole that was left by the local company till he drove the lawn mower into it after the mowing accident he can barely walk, and is in... View More

John Michael Frick
John Michael Frick
answered on Apr 9, 2024

Ordinarily, a company that creates a dangerous condition on property has a legal duty to warn others of the presence of the dangerous condition or to take steps to make the dangerous condition safe. If the company breaches that duty, it may be liable for any injuries that are proximately caused by... View More

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2 Answers | Asked in Personal Injury and Civil Rights for North Carolina on
Q: what makes an injury case? Does my husband even have the rights to open a case?

A few months ago a local company was laying fiber lines along the road and had to dig up sections of our yard, on sunday my husband was mowing and didnt see a sink hole that was left by the local company till he drove the lawn mower into it after the mowing accident he can barely walk, and is in... View More

James L. Arrasmith
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answered on Apr 10, 2024

An injury case, also known as a personal injury claim, is a legal dispute that arises when one person suffers harm from an accident or injury, and someone else might be legally responsible for that harm. In your husband's situation, there are several factors to consider:

1. Negligence:...
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1 Answer | Asked in Contracts and Landlord - Tenant for North Carolina on
Q: what is the eviction process for a no lease, no payment agreement between family? located in NC.

my husband, child, soon to be second child, and 3 pets live with my FIL&MIL. we have lived here since prior to the birth of our first child in 2022. we do not have a written contract or agreement stating we can live here, nor do we pay rent, as it hasn’t been asked or required of us. in 2023,... View More

Ben Corcoran
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Ben Corcoran
answered on Apr 8, 2024

You would be classified as guests since you cannot prove that a landlord/tenant relationship exists. However, if you claim a lease exists they would have to go through the eviction process. The law looks down on landlords changing the locks, but since your FIL is not a landlord, he would likely be... View More

1 Answer | Asked in Criminal Law for North Carolina on
Q: Do dismissed cases show up on your criminal record?

My credit reporting system notified me that I have a court record from June 2005. It was a trespassing charge for hanging out in a Walmart parking lot. It was dismissed. Does this show up on my criminal record?

W. Scott Harkey
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answered on Apr 8, 2024

In North Carolina, even if your charges are dismissed, your criminal record will indicate that you were charged with the offense. Your record will also show that the charge was dismissed. An experienced attorney can assist you with having it expunged from your record so it will not show up at all.

1 Answer | Asked in Consumer Law, Criminal Law and Federal Crimes for North Carolina on
Q: Is this extortion?

I received a letter in the mail from home depot threatening to lower my credit limit if I do not make a purchase by a certain date. They have done this to me once before and when I was near a home depot working on a project I had to get my limit increased again. I feel like if they threaten to... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Apr 7, 2024

There is nothing illegal about this. Citibank (who I believe issues the cardit card) has the right to change the terms of your card at any time by notification. Any bank can close your card if you do not use it after a certain amount of time, as well. Accepting the reduced credit limit will hurt... View More

1 Answer | Asked in Gov & Administrative Law for North Carolina on
Q: How to find a car, without reporting it stolen

I gave the car to my son, an he let the insurance lapse an I would want it back before something happens

James L. Arrasmith
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answered on Apr 6, 2024

If the car is titled and registered in your name, and your son has taken it without your permission and allowed the insurance to lapse, the proper steps are to:

1. Attempt to contact your son and request that he return the vehicle immediately. Explain the legal and financial risks of...
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1 Answer | Asked in Business Law for North Carolina on
Q: In an S Corp, 50/50, losing money, only I believe the firm must stop operations and let go of employees. How do I remove

...remove myself from the liabilities incurred by the other party if he continues without my agreement, before the formal dissolution?

James L. Arrasmith
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answered on Apr 5, 2024

In a 50/50 S Corporation where you and your partner disagree on the future of the company, it's important to protect yourself from potential liabilities if your partner continues to operate the business without your agreement. Here are some steps you can take:

1. Consult with a...
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1 Answer | Asked in Tax Law for North Carolina on
Q: If I take 40,000 out from my 401. How much would nc state federal the out. I am 65
James L. Arrasmith
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answered on Apr 4, 2024

Based on the information you provided, I can give you an estimate of the taxes you may owe on a $40,000 withdrawal from your 401(k) at age 65 in North Carolina.

Federal Income Tax:

At age 65, your 401(k) withdrawal will be treated as ordinary income. Assuming this is your only...
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1 Answer | Asked in Civil Rights and Juvenile Law for North Carolina on
Q: Can 16 date 21 in NC

I like a 20 year old who is soon to be 21, and he likes me aswell but i don't turn 16 till may and we are waiting till then to pursue/try anything

James L. Arrasmith
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answered on Apr 3, 2024

In North Carolina, the age of consent is 16 years old. This means that once you turn 16, it is legally permissible for you to date and engage in sexual activity with someone up to and including the age of 20.

However, just because something is legal does not necessarily mean it is...
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1 Answer | Asked in Foreclosure for North Carolina on
Q: Foreclosed house, auction set, bank says I can sell before auction. Can the bank force separated wife to sign contract?

We’re separated and both are on loan, she has refused to assist and pay mortgage and without her participation and income help house fell into foreclosure. Auction sale has been set for 60 days out but bank says house can be sold before the auction but separated wife will not agree to sign any... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Apr 2, 2024

Unfortunately, no Bank can force your ex to sign the necessary paperwork for the sale. The time for getting a Judge to do that has passed, and whether or not that was possible depends upon the equitable distribution/separation agreement that you and your ex had in place. I assume that's what... View More

1 Answer | Asked in Consumer Law for North Carolina on
Q: Motor repair cost $15,000, warranty company is covering $10,000 cap, 3 weeks after purchase. Is this even legal?

We put less than 3,000 miles. The mechanic is saying the warranty company is only going to cover $10,000 and the car requires another motor, making total cost around $15,000. We put down payment, insurance, extended warranty as there was no dealer warranty. The warranty company technically accepted... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Apr 1, 2024

An attorney would have to review the warranty itself to make sure that all covered charges are being paid for. How much is the deductible (the amount you have to pay for repairs). Is there a limitation on how long you have to own the car before the warranty will come in to effect, or a limitation... View More

1 Answer | Asked in Tax Law for North Carolina on
Q: In North Carolina and was wondering if I am exempted from highway use tax if I export a car and how I would apply for it

I own a company and buy cars from new dealers and title in NC and ship them out

James L. Arrasmith
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answered on Apr 1, 2024

In North Carolina, you may be eligible for an exemption from the Highway Use Tax if you purchase a vehicle in the state but export it outside of NC within 90 days of purchase. This exemption is known as the "Out-of-State Delivery Exemption."

To qualify for the exemption, you must...
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2 Answers | Asked in Foreclosure and Tax Law for North Carolina on
Q: When my mom died in 2016, her home was foreclosed. Can the county charge me with 2016-2023 taxes after foreclosure?

There was no will, no estate per se. Now that county is saying I owe taxes on a home that was foreclosed and sold in 2016.

James L. Arrasmith
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answered on Apr 1, 2024

I'm sorry to hear about the loss of your mother and the difficult situation you're facing with the county regarding taxes on her foreclosed home.

In general, when a property is foreclosed and sold, the new owner becomes responsible for the property taxes from the date of the sale...
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1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Does a landlord need a police report to address issues with neighbors bullying or harassing me?

I've had a series of health & safety concerns in both my previous & current apartments within my building.

-Previous Apt Issues:

Health Hazards: Peeling lead paint, constant mold smell, high humidity, uneven & unsafe stairs, warped cabinets, exposed rebar, poor temp... View More

James L. Arrasmith
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answered on Mar 31, 2024

Based on the information you've provided, it seems that you are dealing with a very challenging and stressful living situation. To address your main question - no, a landlord does not necessarily need a police report to take action against tenants who are bullying, harassing or disturbing... View More

Q: Am I covered

I put mobile home under contract with a rent to own buyer with owner financing agreement. Contract states (as is) what you see or don't see is what you get. Buyer calls me and says the electric is not working in the living room & 1 of bedrooms as they were operating during and after Reno... View More

James L. Arrasmith
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answered on Mar 31, 2024

Based on the information you provided, it seems that the buyer may have a case against you, despite the "as is" clause in the contract. Here's why:

1. Implied warranties: Even with an "as is" clause, there are implied warranties that the property is habitable and...
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1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Request for Legal Advice - Lease Dispute

We signed our lease contract in 2023, with the lease period until January 2024. Approximately 60 days before our planned move-out date, we informed the landlord of our intentions, receiving verbal/text confirmation. However, post-move-out, we are now facing threats from the landlord to take legal... View More

James L. Arrasmith
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answered on Mar 31, 2024

Based on the information you've provided, it seems like you have a few potential avenues to explore in this lease dispute:

1. Notice to Vacate: If you provided proper written notice of your intent to vacate 60 days prior to moving out, and your lease allowed for early termination with...
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1 Answer | Asked in Immigration Law for North Carolina on
Q: Can my spouse apply for a green card with ESTA if we are already married?

My wife and I got married through Proxy and she is eligible for the Visa Waiver Program. Could she apply for a green card if she travels to the US with an ESTA? If not, what options do we have?

Thank you

James L. Arrasmith
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answered on Mar 30, 2024

Traveling to the U.S. under the Visa Waiver Program (VWP) with an ESTA (Electronic System for Travel Authorization) primarily permits short visits for tourism or business. If your wife enters the U.S. using an ESTA with the intention of applying for a green card (adjustment of status), it might... View More

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