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Questions Answered by Will Blackton
1 Answer | Asked in Estate Planning for North Carolina on
Q: Should a POA be recorded in the NC county in which it was notarized or the county where I am presently residing in NC?

The POA was notarized in Mitchell Co NC in 2006. It was not recorded. I now live in Henderson Co NC.

Will Blackton
Will Blackton
answered on Sep 26, 2018

This may depend on how the PoA will be used. If, for example, the PoA is granted to allow one spouse to purchase a residential home in Wake County in the names of both spouses, it would make sense to record the PoA in Wake County.

Who is supposed to honor this PoA? Many...
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1 Answer | Asked in Copyright, Intellectual Property and Trademark on
Q: Trademark / copyright question - little help needed.

Hi Dear Trademark Justia. I think I asked this question before, but I didn't get answer 125% right. My question is; if someone for example trademarks stuff like; "Juan Pablo Tequila" or "Juan Pablo Cigars" ... Can I use term "Juan Pablo" for I don't know ...... View More

Will Blackton
Will Blackton
answered on Apr 3, 2018

Attorneys on the Justia Ask a Lawyer board are generally restricted to providing general information about the law. Attorneys cannot provide specific legal advice without raising a host of potential ethical and malpractice issues, which is why you're unlikely to receive the answer you want.... View More

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: What can I do about my landlord placing the house that I'm currently living in online for rent without my knowledge

I have people come by all times of day and night trying to see the house. The first time I came out of the shower and someone was in my house saying that the house was online for rent. I called my landlord and asked him why he didn't tell me that he was doing that he said that he didn't... View More

Will Blackton
Will Blackton
answered on Mar 6, 2018

That is going to depend on what your lease agreement says about this situation.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Home builder wants to give us 100k to pay off our current home to be able to purchase his new home.

We are interested in a new home, but need to sell our current home 1st. Builder offered us 100k to pay off our home(we owe 83k) so that we can get the loan to buy the house he’s building. We would still have to sell our current home within 1 year, and give him 100k plus 3900 when ours sells, or... View More

Will Blackton
Will Blackton
answered on Mar 6, 2018

It's possible that this is not a scam; ensure you have your own attorney review all of the documents associated with the transaction.

1 Answer | Asked in Business Formation for North Carolina on
Q: What if a person filed an Limited liability company with the name of the business will they still need to file for DBA?

Will they still need to file for a doing business as name?

Will Blackton
Will Blackton
answered on Mar 6, 2018

A business should file a certificate of assumed name or d/b/a if the business is using a name /other/ than the name it has registered with the N.C. Secretary of State in organizing its LLC.

1 Answer | Asked in Business Formation for North Carolina on
Q: How do I start a Sole Proprietary Business in NC selling hand made goods?

I want to start my own business selling hand made goods and I'm not sure where to start.

Will Blackton
Will Blackton
answered on Mar 6, 2018

A sole proprietorship is a business owned by one person, which has little legal significance separate from its owner and usually requires no governmental filing except a fictitious-business-name statement, which discloses the name under which the business will be conducted and the owner's name... View More

1 Answer | Asked in Copyright for California on
Q: Is it legal for people to sell car manuals (from the car mfg.) on ebay, no one ever answers this question

....because people need the info. And its hard to find....

Will Blackton
Will Blackton
answered on Mar 1, 2018

You haven't provided very many details regarding your situation: are you reproducing these car manuals? Are you interested in reselling physical copies you purchased from the car manufacturer?

Research the "first sale doctrine" which may provide some insight into your question.

1 Answer | Asked in Contracts, Copyright and Intellectual Property for Massachusetts on
Q: What is the usual fee or percentage given to the person who's intellectual property I'll be teaching?

I've trained as certified coach and I'm planning on teaching and certifying people in the same coaching in a different language. The person who certified me and I are creating a royalty, license agreement and I'd like to know what is the usual profit % or fee that is standard or... View More

Will Blackton
Will Blackton
answered on Mar 1, 2018

It depends!

What are you coaching?

From what language are you translating and to which language? That's an atypical piece of the puzzle.

What type of IP are you using?

How will you be reselling the IP?

The answers to those questions and more will...
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1 Answer | Asked in Copyright and Intellectual Property for California on
Q: Can I copyright screenplay of my conceived story?

I hired a student in movie college to convert my concept , story into a screenplay . She did . I paid her $300 for her work as mutually agreed. However it seems she now wants to share ownership rights with me . She really believes it came from her (also) along with me. Conveniently forgetting I... View More

Will Blackton
Will Blackton
answered on Feb 26, 2018

Who owns the screenplay? It depends.

Is the student an employee or independent contractor?

Any copyrightable work created by an employee acting within the scope of his or her employment is a “work made for hire.” The parties do not need to address works made for hire in their...
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1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: Uncle died left no will. Has 2 living siblings but we are heirs thru our deceased dad what are our rights.
Will Blackton
Will Blackton
answered on Feb 23, 2018

North Carolina's Intestate Succession Act (describing how an estate is divided if someone doesn't have a will) is available at:

https://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/ByChapter/Chapter_29.pdf

1 Answer | Asked in Probate and Estate Planning for North Carolina on
Q: If the beneficiary has passed, who is entitled to the devise, the children or the surviving spouse?

My grandfather's will States that at the sale of his property, that $20000, be equally divided among 4 grandchildren. Any additional money made from the sale will be divided among his 3 children. However one of the 3 children(My father) has since passed. Will his third go to, the state, My... View More

Will Blackton
Will Blackton
answered on Feb 23, 2018

How your father's share will be distributed should be described in your Grandfather's Will. Did your father pass before or after your grandfather? If after your grandfather, more than five days after?

If your father passed after your grandfather, your father's estate will...
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1 Answer | Asked in Contracts and Copyright for Georgia on
Q: Are photographers owners of their photos if there is no written contract?

I had a recurring client for about a year and we've always had verbal agreements, no written contracts. The client now owes me money for services rendered and refuses to pay due to an issue they has with me personally. They've threatened me with legal action, requesting that I remove all... View More

Will Blackton
Will Blackton
answered on Feb 23, 2018

Who owns the photographs? It depends.

Could you be considered an employee?

Any copyrightable work created by an employee acting within the scope of his or her employment is a “work made for hire.” The parties do not need to address works made for hire in their employment...
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1 Answer | Asked in Copyright for Texas on
Q: Fan Made Video Game

I am writing this to inquire about reporting copyright infringement on behalf of a video game company. I have recently become aware of sources that are copying and altering material from the official video game company. As a concerned fan of the official games, I was wondering what official steps... View More

Will Blackton
Will Blackton
answered on Feb 20, 2018

Contact the video game company and tell them about the infringement if it's bothering you. It's up to the rights holder (video game company) to pursue copyright infringement claims.

1 Answer | Asked in Stockbroker Fraud for North Carolina on
Q: Hello I am an International student and I have been scammed $ 4700 by somebody, how could I sue him?

I am an international student, I wanted to learn how to trade forex and I made some research and found good feedback about somebody. I contacted him in order to learn with him but he scammed me $4700. He puts me in a terrible situation because I have almost been expelled form the country because I... View More

Will Blackton
Will Blackton
answered on Feb 15, 2018

Do you know this person's real identity and are they located in North Carolina, or at least in the US?

If so, you may have a chance at suing them to recover your money.

You can contact the North Carolina Secretary of State's Securities Division to file a complaint if this...
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1 Answer | Asked in Consumer Law for North Carolina on
Q: I received a Civil Summons for cc debt with Wells Fargo. What should my 1st step regarding the paperwork? it is $6330.00
Will Blackton
Will Blackton
answered on Feb 15, 2018

Once a lawsuit has been commenced against you, if you fail to respond appropriately - you lose the lawsuit.

Your first step should be contacting an attorney. If you're unsure of how to find an attorney or would like an attorney to only assist you in answering a limited set of...
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1 Answer | Asked in Copyright for New York on
Q: How can we protect ancestral journals and letters?

We have several journals and letters from 1850-1920 written by family members (all deceased). We are in the process of retyping these and putting into PDF format for immediate family members. We would also like to make these available to more distant relatives and possibly parts to any local... View More

Will Blackton
Will Blackton
answered on Feb 15, 2018

A will does not have to specifically bequest intellectual property rights for those rights to pass to heirs. If, for example, father gives everything he owns to son, his son inherits the intellectual property rights in his letters and journals. Son could apply for copyright protection from the... View More

1 Answer | Asked in Real Estate Law for North Carolina on
Q: How can I stop the sell of Property that was supposed to signed over to me. Not sure if INC. or persons name

There was an agreement between one owner (president of Inc.) to sign property over after I sold property and gave them funds from sell to invest in the Inc.

Will Blackton
Will Blackton
answered on Feb 9, 2018

North Carolina General Statute § 22-2. Contract for sale of land; leases.

All contracts to sell or convey any lands, ... or any interest in or concerning them, ... shall be void unless said contract, or some memorandum or note thereof, be put in writing and signed by the party to be...
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1 Answer | Asked in Real Estate Law for North Carolina on
Q: Question about owner financing

I currently owe 150k on my house. I have an interested buyer at 500k. At closing the buyer will put down 150k to pay off existing mortgage and I will carry the loan of 350k@4% for 30 years. My question is if for some reason the buyer at some point gets a second mortgage/equity loan from a separate... View More

Will Blackton
Will Blackton
answered on Feb 9, 2018

The answers to those questions will depend on what's in the written agreement between you and the interested buyer.

Contact an attorney directly to assist drafting or reviewing any lending agreement that exchanges $350,000.00 of value. You have valid concerns which should be addressed...
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1 Answer | Asked in Copyright for Michigan on
Q: I have received a letter from a law firm indicating that a photograph I used on my personal website was copyrighted.

They asked that i remove the photo, which I did, and are also asking that I pay them $6750.00 for the last six months that the photo was used. This photo was taken off of Google search and had I been asked by the copyright owner to take it down sooner, it would have been done immediately. This is a... View More

Will Blackton
Will Blackton
answered on Feb 9, 2018

How you should respond depends on a lot of factors not available in your question. It's a strategic decision best left to an attorney with experience in copyright infringement actions.

Attorneys on this ask-a-lawyer board are going to be unwilling to answer your question, partly...
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1 Answer | Asked in Landlord - Tenant and Domestic Violence for North Carolina on
Q: Ex-husband jail release 2/19. He burned down my house, stalked me and hit me. Landlord waive break-lease fee law for me?

Want to know if there's a law in my favor to move without fee for breaking my lease just renewed in Nov 2017.

Will Blackton
Will Blackton
answered on Feb 9, 2018

North Carolina law does afford special protection for victims of domestic violence, sexual assault, or stalking, in relation to early termination of rental agreements in Section 42-45.1 of the North Carolina General Statutes.

The N.C. General Assembly's unofficial copy of the statute...
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