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Questions Answered by Mr. Albert Loch Saslow
1 Answer | Asked in Estate Planning, Probate and Real Estate Law for North Carolina on
Q: If my dad is divorce from my mom if both names are the land he owned, am I entitled to the property

My dad lived in North Carolina mom and dad have been divorced for over 10 years of my mom's name is on the lean is she entitled to the property or am I or can I benefit from the sell

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Sep 21, 2020

If your mother's name is on the deed (not the mortgage, the DEED), then she has an ownership interest in the property regardless of whether she has divorced your father. So it seems like your mother and father still might own the property, each having a 50% interest.

Unless either...
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3 Answers | Asked in Divorce and Family Law for North Carolina on
Q: if i bought my home with my inheritance, is my husband entitled to half? I'm the only one on the deed.
Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Sep 17, 2020

He shouldn't be entitled to half, but would potentially have a claim to a smaller fractional interest. He may have a claim to any mortgage principal reductions made during the marriage due to the monthly mortgage payments. He may have a claim to the active appreciation of the home during the... Read more »

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1 Answer | Asked in Family Law, Child Support, Civil Litigation and Civil Rights for North Carolina on
Q: Can CPS cases be revealed in cases regarding other children?

I am in a custidy battle. I have 2 children, each have a different father. With my youngest son, I tested positive for drugs when I gave birth and a CPS case was automatically opened. Everything was fine with the baby at birth and at home, the home visits went well, I wasn't found to be... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Sep 14, 2020

The case can be raised, but I'm not sure how significant it would be if it was closed as you indicate.

2 Answers | Asked in Criminal Law, Family Law, Child Custody and Civil Litigation for North Carolina on
Q: *REPLYING TO HOUSER* I should provide more info. I don't understand your basis, or maybe I don't understand the courts

Frankly, yes I want his arrest to be a problem for him. We're fighting for custody so isn't that the game we're playing? "I'm better fit than you" No blame-game here (I made the decisions that led me here) but he is painting a inaccurate picture. Simply put - in the... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Sep 10, 2020

If he was charged but not found guilty, that isn't really a problem for him. Courts care about convictions, and sometimes about pending charges, but don't care about charges which were dismissed or where the person was found not guilty.

A judge isn't going to care about...
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1 Answer | Asked in Family Law and Elder Law for North Carolina on
Q: Will NY accept an adult general guardianship from NC?

My mom lives in a nursing home here in NC with advance dementia. I need to get guardianship to conclude her business in NYC? Will NY state accept it if I am deemed her guardian here in NC?

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Sep 4, 2020

I think many (if not all) of my fellow NC attorneys would be hesitant to answer this question as it seems to involve New York law. You should probably re-submit your question in the NY area of this site.

1 Answer | Asked in Divorce for North Carolina on
Q: For NC, at what point in time is the supporting spouse's income used to calculate alimony?

For example, say the supporting spouse was making $50,000 as of the date of separation but got a raise 9 months later to $75,000. Should the alimony be based on the $50,000 or $75,000? Also, is this county dependent?

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Sep 3, 2020

There isn't one answer and It is really going to be judge dependent. You would make the argument that it should be based on the $75,000, the other side will make the argument it should be based on $50,000, and most likely the judge would factor both of those amounts into their final award.... Read more »

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Native American Law for North Carolina on
Q: My son's father is suing me for custody. Should I motion to dismiss? Or motion for summary judgement?

Improper venue- we live in different counties. I'm enrolled in a Native American tribe in ANOTHER county. My son lives with me. Yet, he could provide records our child lived with him last, only because he transfered our son to a different school, without my consent or knowledge. I didn't... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Sep 3, 2020

I am going to give a total cop-out answer, but you really need to speak with a local family law attorney. There appears to be a lot going on in your case, and I am hesitant to give advice because I feel like I don't know the whole story.

I highly doubt that a motion to dismiss or a...
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2 Answers | Asked in Child Custody and Family Law for North Carolina on
Q: If there was no will, and no legal guardian after parents death will custody of the children go to the executor ?

-dad adopted child

-child has no legal mother

-dad dies with no will

- daughter becomes executor

- other family member petitions the court to become guardian

Who legally becomes guardian of a minor child and their assets?

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Sep 3, 2020

No person would automatically have custody of the minor child, although the director of the local DSS might become their legal guardian for a short period of time. Ultimately, any person could apply to the Clerk of Court to become the minor's general guardian, and the Clerk has the authority... Read more »

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1 Answer | Asked in Elder Law, Estate Planning and Probate for North Carolina on
Q: I live in nc my oldest sister s.c became gravely ill and passed spouse did not notify us including 85 yr father .lawsuit

We found out by a outsider .her spouse blocked us from calling.this was 07/2020

No one yet has yet to even call our father can we sue

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Sep 1, 2020

Just making sure I understand the question: are you asking if you can sue your brother-in-law for failing to inform you that your sister was ill and later died?

Well, you can sue anyone for anything, even if the lawsuit is frivolous and has no chance of success. But I don't see how...
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1 Answer | Asked in Family Law, Personal Injury and Juvenile Law for North Carolina on
Q: Can i get emancipated from her?

Hello I have a mother who is borderline emotionally abusive, she tells me i make everyone miserable constantly, blames me for everything that goes wrong and more. I am 16, can I move out and live with a friend legally. Can i get emancipated from her?

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Aug 28, 2020

Maybe, but these aren't easy actions to 'win' and it would be something you wouldn't be able to do yourself. To able to file, you have to be 16 (check) and have lived in the same county for 6 months (don't know). To successfully emancipate yourself, you are going to have... Read more »

2 Answers | Asked in Adoption and Family Law for North Carolina on
Q: What form in N.C. do I use for dissolution of an adult adoption?

We adopted an adult woman and things changed drastically. We have not seen her for years, nor heard from her. We do not want our estate to be shared with her. What form in N.C. is used to file for dissolution?

**edit** that is not our preference. We prefer that she not be able to try and... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Aug 21, 2020

Ignoring the specific question, why wouldn't you just change your will to specify that this person is no longer to share in your estate?

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2 Answers | Asked in Divorce and Family Law for North Carolina on
Q: State: NC What are my rights as husband if I move out of our residence prior to reaching divorce agreement?

Married 22 years, two children ages 18 and 21. Youngest child currently living at home while enrolled in college taking online classes during COVID. Wife has been stay at home mom entire marriage. We have reached an impasse on our relationship. I need to move out to avoid further arguing and... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Aug 18, 2020

This question can only be fully answered through a consultation with a family law attorney. That said, you've got to consider (1) how to equitably divide your marital property, and you've got to consider (2) whether any spousal support should be paid.

The property that needs to...
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1 Answer | Asked in Estate Planning, Landlord - Tenant and Probate for North Carolina on
Q: Hi.There’s a sibling living in the household that won’t pay bills.but everyone else does.can I get a civil order

The home is in my mother and fathers name and both are deceased with now will

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Aug 17, 2020

As always, you will get a more accurate and complete answer if you consult with a local attorney who has the time to understand all the facts behind your particular situation. That said, I don't see grounds to get a "civil order" (which isn't really a legal term). If both... Read more »

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: my Husbands dad gifted our home to his son & his son, I gave up my home he put jowros I was mislead w/ can I do?

Been 2gether 14yrs & I spent all my inheritance putting property on this land and pd up all taxes we got married a year ago I just found out this or I wouldn’t spent all my money on upgrading the home , do I have rights???

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Aug 14, 2020

I'm sorry, but I don't understand the fact pattern that you are trying to state or the specific question you are asking. This is a cop-out answer, but you will need to speak to a family law attorney in your area and give me them all the details before you get a good answer. These... Read more »

2 Answers | Asked in Animal / Dog Law for North Carolina on
Q: My mom is trying to sue me for custody of my dog, My name is on the adoption paper work and everything! What can I do?!

I have not neglected or harmed my dog in any way, ever! My mom wants to try to "control" me so to speak, she is willing to go to the fullest extent with this. Even if it does mean taking me to court. What legal standing does she have if she were to go through with suing me for custody?

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Aug 13, 2020

This is semantics, but you can't sue someone for "custody" of a dog, but instead she could bring a small claims court action seeking the return of personal property (the dog). It is easy to get into small claims court, so I don't see any standing defenses being an issue here.... Read more »

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1 Answer | Asked in Family Law, Child Custody and Child Support for North Carolina on
Q: I pay child support through dss but would like to have my child living with me. She is 14 and has been with me since Feb

Her father and i have never had any kind of custody order drawn up. What steps do I need to take?

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Aug 13, 2020

The best step would be to consult with a local family law attorney as they would be able to give you the best advice. That said, it appears like you need to file a child custody action in your county and either come to an agreement on custody or have it heard before a judge. I don't practice... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for North Carolina on
Q: Can I get a continuance on a domestic violence order protection violation?

I shouldn't even have this out on me but because I found out my wife was cheating on me and I told her I didn't want to get back with her she took my kids and went and put a restraining order on me. I did not realize the punishment if you did not show up to the court date but I was not in... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Aug 10, 2020

I am answering this question as it pertain to NC law, even though you appear to be from VA. Yes, it is possible to get a Domestic Violence Protective Order (DVPO) "continued," although I don't think this is what you are really trying to answer.

To get a DVPO, the plaintiff...
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1 Answer | Asked in Divorce, Family Law and Personal Injury for North Carolina on
Q: i'm 16 this woman plans to get married to my step dad refuse to even let me speak with him shes never met me what do i

she has also been threatening my step fathers sister and is going to court aug 7th but i wanna know what can i do cause my mom and him are not officially divorced shes highly controlling a liar.

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Aug 3, 2020

I'm afraid I can't help you very well as I don't understand the various relationships and don't think I comprehend what you are asking. That said, you are unfortunately only 16 and don't seem to have a lot of legal options at this point. Perhaps things would be different... Read more »

1 Answer | Asked in Family Law for North Carolina on
Q: I will like to understand marital financial rights?

My husband seem to be controlling about finances, his the only one that works, while I take care of out three small children.

He hides all his information, ignores me when I remind him about some of my bills and seem like he wants me to beg him, including to be intimate.

I... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Aug 2, 2020

Not sure I can answer this question very well, but I'll do my best. You have the right to seek information about any jointly owned accounts from the financial institution itself. So the extent you have a joint bank account, you can go to the bank in question and get statements and... Read more »

1 Answer | Asked in Family Law for North Carolina on
Q: Father buys a house 5 years ago. Recently refinanced and adds girlfriend to loan unsure if on title too.

Father passes away. He has 2 adult children. Their is NO will. Who gets his property and the equity in the house? Do children have a right to make girlfriend leave?

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Aug 1, 2020

I will first disclaim that I am only answering the question as it pertains to NC (not Illinois). The first thing to check is whether the girlfriend is on the deed itself. You can check this at the relevant Register of Deeds office. If her name is on the deed, she has some interest in the house.... Read more »

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