I'll be 18 the month after my son is born and my partner of 2.5 years is 20. We are not married and would like to wait for marriage. I'm curious because I'm a minor by technicality. Will he still be allowed on the birth certificate? Will they still allow him to sign it saying our son is his child?
answered on Jul 1, 2020
Yes. He can sign the Affidavit of Parentage, and be listed on the child's birth certificate. To legitimate the child, however, he will need to adopt or marry you.
I just moved to North Carolina from California and I have an existing custody order, which states I have joint legal custody, and visitation for the summer, my son is suppose to be here in Clayton, Nc with me at this moment but he's not and his father is keeping him from me. I can't get... View More 
answered on Jul 1, 2020
If your joint custody is based on a court order, you would need to file for contempt in the court that granted the order. If its based on an agreement that the two of you had, you'll need to file an action for custody in the home state of the child (most likely where the child has lived for... View More
He wants to leave the house to his kids but stipulate that I can stay in the home after his death if I so chose. Can they force me out? I would rather refinance so the home is in both of our names and to give me security.
answered on Jun 29, 2020
He will need to either title the property to himself, with you having a life estate, or state in his Will that you can remain in the house until you die. Otherwise "yes" you can be forced out, with proper notice. If you are on the loan, you should be on the title, but that doesn't... View More
A NC resident dies with a will but the adult child in poor health dies before the will is processed. The child has siblings, a spouse and children of their own.
answered on Jun 25, 2020
It depends on what the parent's Will states. In most cases, the property would go to adult child's heirs or the persons/entities the adult child left property to in his/her Will.
What can o do to make that happen
answered on Jun 23, 2020
First, I would find out WHY. Unless there is already a court order in WA or your daughter was born in WA, if the child has lived in NC for at least 6 months, NC would be the home state of the child, and you would need to petition the court here to modify the custody arrangement (unless your ex... View More
His mom keeps telling him all this bad stuff about his dad and calling the cops, making threats and he is tired of it. He is so unhappy when he has to go home, he acts out.
answered on Jun 23, 2020
You are caught in a very difficult situation. Based on what you've shared, it doesn't sound like you would have standing to sue for custody, and I'm assuming that his father is not apt to sue for custody. If you think he might, encourage him to at least meet with an attorney, to see... View More
answered on Jun 16, 2020
This isn't really a question. Depending on what county you live in, there may be some "file-it-yourself" paperwork you can get from the courthouse to help you file for custody. Otherwise, you will need to have an attorney assist you. You should at least consult with an attorney,... View More
I used to own the home that belonged to my great grandfather and then my grand parents where i grew up. A piece of the structure was used to make siding from a piece a wood that was the property of the US Coast Gaurd where my great grandfather was employed in the life saving service. The sign was... View More
answered on Jun 15, 2020
Unfortunately, when the home was sold, the buyer purchased the home and the land, and it therefore legally belongs to the buyer.
I’m dating a guy and my parents are very harsh and I’m not able to see him and ridiculed daily I want to leave home now is there legal actions that could be taken against me or him?
answered on Jun 15, 2020
I'm so sorry you are having to deal with this. I hope that they are not being harsh and ridiculing you because you want to be in a relationship with him. Given that your birthday is only 6 weeks away, you may want to wait, since filing for emancipation would most likely take longer than that... View More
My eldest sister passed away. In her will she states, to my brother-n-law, I will my house and land.
to my sister (our sister), I will my jewelry and furniture.
I am the executor of my sister's estate and this has become a big issue. I know when a house is sold, the... View More
answered on Jun 15, 2020
The attorney is correct. The appliances are considered "personal property" and are not part of the house. The appliances will most likely go to whoever receives the residuary estate (that property which is not otherwise distributed per the Will).
Reconciled in 99, 2 years after separating.....now he's spending nights with another woman. I've been back in the home I signed over to him for 10 year's. He has always cheated but now he's being mentally abusing to me, and our 15 year old granddaughter that lives with us and... View More
answered on Jun 15, 2020
It really depends on the language of the Separation Agreement. It may be possible for you to get a Divorce From Bed and Board, which would require him to leave the house. Consult with a local family law attorney about all of the specifics in your case, to come up with the best plan of action.
He has been emotionally abusive, saying negative stuff about me to our 22 year old daughter. He has been sleeping on the couch for years I keep asking him to please move I am miserable living with him. I have paid the mortgage by myself for over 11 years, he has only paid half of the mortgage... View More
answered on Jun 15, 2020
Either you need to file for Divorce from Bed and Board, or you'll need to leave, to start the separation period. If you leave, you could file a Motion for an Interim Distribution, and ask the Court to distribute the house to you, until everything can be worked out. Neither choice is easy, but... View More
Is there a quick way to get visitation?
answered on Jun 3, 2020
Generally speaking, there is no "quick" way to get visitation, unless the other parent agrees or you resort to other means which may only escalate any disagreements you already have with the other parent. You should really consult with an experienced family law attorney, who can help... View More
Will I need to go through probate to continue living in the home? As far as I know, the only debt she may have are hospital bills she incurred in the couple months leading up to her death. There is no will, and I am almost certain that I am the only beneficiary.
answered on May 28, 2020
Most likely, you will need to have her estate go through probate, especially since you mention the possibility that there might be another beneficiary. If you are the only child and your mother died without a will, then you are the only beneficiary. Depending on how our mother's home was... View More
My brother wants both properties_ have 2 separate home places_ with land..different deeds fer all property..wants to be difficult splitting property help
answered on May 27, 2020
Sorry to hear about your dad.
If you both own both properties (and depending on exactly what the Will states), you could file a Petition to Partition the properties, and the Court will either split the properties (which could mean one property gets divided into 2, in order to make up the... View More
My father passed away and I am his executor and sole heir; my siblings were not granted anything in his will. He died at home, and the police gave his keys to my brother who lives next door. Immediately afterwards, my brother took my dad's truck and put it on his own property. The police... View More
answered on May 21, 2020
The police won't get involved, as they do not want to be in the middle of interpreting civil documents, unless that civil document is a Court Order. As executor, you have a duty to collect all property and then distribute it. If he won't return the property, or buy it for a fair market... View More
answered on May 14, 2020
Yes. You may apply to be the administrator of his estate. You will need to obtain a copy of the death certificate, and apply in the Estates Division of the county where he died.
My mother passed away in late February. She DID NOT have a will. She left behind a home on an acre of land. I believe the home and land were in both hers and her husbands names. Her husband, we never got along well, is living there now. I am her only child. Her husband had 2 children from a... View More
answered on May 13, 2020
Since she did not have a Will, her property would be distributed under the laws of Intestacy. If the home was titled to both as a married couple, the home would be his outright. If not, you would be entitled to 1/2 of it. To initiate the process, you will need to take a certified copy of her death... View More
He is now residing in the house on an acre of land. My question is what am I entitled to as her biological son? He has two daughters from a separate marriage who live half way across the country. I believe the home is in both their names. Any information would be appreciated. I want to know my... View More
answered on May 13, 2020
I am sorry for your loss.
To find the answer to your question, you'll need to find out if she had a Will. If she had a Will, it will dictate what happens to everything she owned. As to the house, this will depend on her Will, and possibly how the house is titled. If it is titled as... View More
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