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North Carolina Questions & Answers
1 Answer | Asked in Real Estate Law for North Carolina on
Q: Can a licensed Realtor in NC buy a house for his own use in SC and represent himself in the transaction?

The house is located just a few miles from the NC border.

I notice when logged into the Charlotte MLS, I have access to properties listed in SC, close to the state line, (probably due to the Metropolitan Statistical Area extending a few miles south of the border).

Is this access... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Oct 17, 2022

Yes, not a problem.

1 Answer | Asked in Estate Planning and Real Estate Law for North Carolina on
Q: NC: Coowner left and has given no forwarding information. Now what?

No mortgage; 50/50 owners on title and deed. I’ve several letters and texts, stating she bought the house for my daughter (her grandchild) and me and we never have to worry about being homeless. She bought the house; repairs were shared; all furnishings, appliances, and fencing; bills and taxes I... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Oct 17, 2022

Since it does not appear any debt problems are present, you probably need to do nothing until you want to. Hire an attorney to search the Title to be sure about ownership. When necessary, file suit for a Partition with publication service on her.

1 Answer | Asked in Copyright, Intellectual Property and Trademark for North Carolina on
Q: Can I create a new product using a patented logo?
Erik Špila
Erik Špila
answered on Oct 16, 2022

I can only guess, based on information provided, that you mean trademarked logo and not patented logo. If this is the case, no you can not use trademark of someone else to create your own product. It could be copyright or trademark infringement. However for more complete answer you should seek a... Read more »

1 Answer | Asked in Social Security and Criminal Law for North Carolina on
Q: So. I have been getting gifts of money from a person who has disabilities.

I met a guy online and he's been sending me money for years. We met on an app and became close. He told me later on about being autistic. Now apparently his personal case worker is trying to get me to pay the money back in payments or they are taking legal action against me. Do they have a right to?

Elizabeth Fowler Lunn
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Elizabeth Fowler Lunn
answered on Oct 14, 2022

Unfortunately you haven’t given enough information to know what kind of payments were made or what funds he used to send you the money.

Social Security does not provide case workers to people who receive benefits. Some people who receive benefits have a representative payee that helps...
Read more »

1 Answer | Asked in Family Law, Business Law and Divorce for North Carolina on
Q: My husband started a business 5 months before we separated.

He used marital funds to purchase equipment for the business, and I have copies of the checks verifying that. On the financial affidavit, he claims that the business started after separation and he used his own money. Can I use the checks to verify that his business started before separation? Is... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Oct 11, 2022

Seems like the answer could depend on when the business entity (if there is one) was actually formed. If it wasn't formed (created) with the Secretary of State until after you separated, then there is an argument that the business wasn't marital. However, if that is the case, then you... Read more »

1 Answer | Asked in Insurance Bad Faith and Civil Litigation for North Carolina on
Q: I wanna know how I'll be able to go about sueing my insurance company, just questions about it
Tim Akpinar
Tim Akpinar
answered on Oct 10, 2022

A North Carolina attorney could advise best, but your question remains open for four weeks. You could reach out to civil litigation attorneys who handle insurance claims. Some more detail would be helpful as to the type of matter you have - auto, home, life, health, etc. Some attorneys specialize... Read more »

1 Answer | Asked in Car Accidents and Insurance Bad Faith for North Carolina on
Q: I was just in an accident and i was unaware that my insurance had been cancelled the day before. can i do anything?

i live in north carolina

Tim Akpinar
Tim Akpinar
answered on Oct 7, 2022

A North Carolina attorney could advise best, but your question remains open for three weeks. Until you consult with a local attorney, there are several issues to sort out here. The most pressing would be handling any violations for not having current insurance. In terms of the other driver, it will... Read more »

2 Answers | Asked in Estate Planning and Probate for North Carolina on
Q: Mom died with no legal will have half sister tht is not my biological father's daughter and she was never adopted intitl

My biological father never changed deed to property nor did my mom who has rights to property

Ethan A. Trice
Ethan A. Trice
answered on Oct 17, 2022

This very much depends on what the deed itself says. Based on how the question is worded, it sounds like the deed was in one or both of your parents' names.

How your parents owned the property matters (with the default being tenancy by the entirety for married couples). If both your...
Read more »

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1 Answer | Asked in Real Estate Law for North Carolina on
Q: I live in north carolina and was left a house in illinois in a transfer on death instrument. How can I get the deed?

North Carolina doesn't recognize transfer upon death instruments, so how can I claim the house left to me?

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Oct 3, 2022

When it comes to real property, the law that governs it is almost always the law of the state in which it lies. So in this scenario, you need to be talking to an IL lawyer and see what needs to be done.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Loan assumption

My father is a cosigner and wants to be removed from my FHA loan. I was not employed at the time of purchase but am now. I checked my closing disclosure and it states that my loan is assumable. Do I need an attorney to do this? If possible, how do I get this process started?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 3, 2022

Unless the new lender allows it, the cosigner would still be liable if someone else assumed the Note. Check with various lenders for their policies. You might find one that allows his removal, but it is doubtful. Only a refinance will probably result.

2 Answers | Asked in Divorce, Family Law, Immigration Law and Real Estate Law for North Carolina on
Q: my wife is registered in India, we are getting divorce in india, can i sell my home on my name without her signature ?

I

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Oct 3, 2022

Until the divorce is finalized your wife has an interest in the property and would have to sign any deed.

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1 Answer | Asked in Employment Law, Insurance Bad Faith and Insurance Defense for North Carolina on
Q: Can an employee insurance refuse to pay the beneficiary who is her granddaughter because the employee was not married?
Tim Akpinar
Tim Akpinar
answered on Sep 30, 2022

A North Carolina attorney could advise best, but your question remains open for four weeks. An attorney is likely going to want to see more details about the policy. If you could arrange a brief initial consult, an attorney might be able to outline the best options here, such as litigation or... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for North Carolina on
Q: Can Real Estate be transferred to the estate even if not specifically called for in the will?

My mom died and left her residual estate to 14 (4 children and 10 grandchildren). Some heirs are ex-pats. It will be easier to handle the sale of a rental property if it is first titled to the estate and then sold - and all heirs agree this can happen. While the will gives the executor (my... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 29, 2022

The Residuary Estate Clause of the Will disposes of the rest and residue of any property not already bequeathed or devised in the Will. So, depending on the Title, it appears the rental property can also be sold for the benefit of Estate Beneficiaries. Hire a competent NC lawyer to examine the... Read more »

1 Answer | Asked in Consumer Law, Real Estate Law, Business Law and Civil Litigation for North Carolina on
Q: Plumbing/water damage purposely hidden behind a piece of furniture wedged into closet by sellers, missed by inspector, i

Closed July 2021.

Sellers hid major damage, real estate agent was a young kid, making millions in a crazy market and largely uninterested n unresponsive to us small potatoes. He recommended we go with his inspector friend. We trusted all parties at the time. We discovered immediately... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Sep 29, 2022

Attorneys are not allowed to say "I'll take your case" on this forum. It's not allowed. Start with local attorneys and gradually move further away. I must warn you that you have a duty to mitigate your damages. You have to pay for the repairs yourself, and then sue to get... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for North Carolina on
Q: I notified my employer I was giving notice. Company policy is 2wks. He accepted effective immediately, without paying.

I was in a very high corporate position but did not sign a contract beyond the handbook. I had no formal documentations in my year at the company. I started as a VP, and he changed my title and responsibilities to a higher role, without changing my pay.

Was the company required to pay my... Read more »

Kirton M. Madison
Kirton M. Madison
answered on Sep 27, 2022

If you were an at-will employee, then the company (assuming it is not a state agency) had no obligation to pay the notice period. The organization was free to terminate your employment absent an agreement stating otherwise.

It seems as though you are suggesting that a contract was...
Read more »

1 Answer | Asked in Real Estate Law for North Carolina on
Q: My fiance sold his inherited land . In the contract it states that the buyer is to have him fully paid within 60 days. T

The buyer had him sign some papers and the made a legal description of the land himself and had it recorded in the GIS. The property is now recorded under his name. He has not paid my fiance the balance and this recording of the land was done after the 60 days agreed apon. What does he need to do

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 26, 2022

Hire a NC attorney to sue for Breach of Contract. Then levy Execution upon the real property you just conveyed to him. Always hire an attorney to represent you in a real estate transaction (search title, draft deed, note, deed of trust, etc.)

1 Answer | Asked in Divorce and Real Estate Law for North Carolina on
Q: Can my husband take my name off property we own together and put his sister on it without my agreement? we are married.

we’ve been separated 12 years. not divorced. she went to the registrar of deeds with a new deed with his and her name on it. my name is there without a signature. they recorded it. is it legal? did i lose my land?

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Sep 23, 2022

I would have to review the deed. He may have just conveyed his portion, but if he also tried to convey your portion then fraud was committed, and you should contact the local law enforcement.

1 Answer | Asked in Intellectual Property for North Carolina on
Q: I am interested in writing a screenplay on F. Scott Fitzgerald's short story, The Offshore Pirate. Is it public domain?
Erik Špila
Erik Špila
answered on Sep 22, 2022

Yes, this work should already be considered as in public domain as it was published in 1920.

1 Answer | Asked in Family Law for North Carolina on
Q: What should get added to a prenup if you bring a child from a previous marriage?
Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Sep 20, 2022

Unfortunately, you likely aren't going to get a clear answer on this type of forum. I would highly suggest that you DON'T try and handle your pre-nup on your own, and instead at least consult with a local family law attorney. I will say that the pre-nup might not have much that is... Read more »

2 Answers | Asked in Bankruptcy and Family Law for North Carolina on
Q: If I am ordered responsible for 50% of marital debt during a divorce, can I file bankruptcy if debt not in my name?

All debt in my wife’s name and we are divorcing. If I am responsible for 50% of marital debt and she is filing bankruptcy, how do I file for my half of the debt if it’s not in my name?

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Sep 19, 2022

I had this issue in a case in Oklahoma, involving a Colorado bankruptcy, and a Florida divorce.

Your divorce decree/property settlement agreement most probably allocates responsibility for the marital debts, and that is what includes you as a responsible party to the debt. But your...
Read more »

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