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Questions Answered by Angela L. Haas
1 Answer | Asked in Adoption for North Carolina on
Q: My husband and I have had full custody of MY biological grandaughter for 12 years. she is now 13.The biological father

has had his visitation rights terminated. the biological mother could see the child with supervision but has never approached that. neither has seen her since she was 18 months old. She calls us mom and dad but knows her circumstances. she would like to be adopted so that we all have the same... Read more »

Angela L. Haas
Angela L. Haas answered on Sep 24, 2020

You would not have to notify her biological father, if his parental rights have been terminated (you'll need to verify this). You will need to notify her biological mother, and if possible, get her consent. Otherwise, you'll need to have her parental rights terminated as well. Her last... Read more »

1 Answer | Asked in Estate Planning for North Carolina on
Q: My spouse passed away on May 23, 2020. In his will it is stated that everything in the house belongs to me.

Does the executor have the right to come and do an inventory of items in my house. There are no outstanding debts. The executor is also my step son.

Angela L. Haas
Angela L. Haas answered on Sep 8, 2020

Yes, for purposes of obtaining a value on the property.

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?

Angela L. Haas
Angela L. Haas answered on Sep 3, 2020

Guardianship does not happen automatically. You must petition the court to become guardian of the child. The court will most likely chose the person(s) who have a relationship with the child most similar to a parent-child relationship. If you want to be considered, you must petition the court... Read more »

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2 Answers | Asked in Estate Planning and Real Estate Law for North Carolina on
Q: Mother-in-law recently passed, living in a trailer under a “lease-to-own” contract. Does my wife have any obligations?

She had not finished paying off the property. Wife is not listed on the lease and there is no will. We do not want the property and are not seeking anything other than to return the property to the owner. Does my wife have any obligations as the next-of-kin and only child?

Angela L. Haas
Angela L. Haas answered on Jul 23, 2020

Your wife will not be liable for the lease, unless she entered into an agreement beforehand stating that she would pay the monthly amount. I don't see why the owner wouldn't just take it back. I would at least get a copy of the rent to own contract and read what it says, though, just in... Read more »

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1 Answer | Asked in Adoption for North Carolina on
Q: Hi, My husband and I have been asked to adopt my cousins baby from birth. What is required to do this?

Baby will be born in SC, we reside in NC. Mother desires us to adopt the baby as we are a stable and loving couple and she has been struggling with addiction and is single at 20 years old. We have adopted a relative before through the state of Florida. The difference is that our previous adoption... Read more »

Angela L. Haas
Angela L. Haas answered on Jul 14, 2020

She will need to have the child born here in NC, or you will need to go through the ICPC process (which can a lot of time and cause complications). Depending on how far out she is with the pregnancy, you'll also need to be timing a homestudy to be performed. The father can consent to the... Read more »

2 Answers | Asked in Family Law for North Carolina on
Q: After 9 years of divorce settlement in NC, can ex husband carry you back for your 401k?

I agreed to him paying no child support only paying 1/2 medical expenses that my insurance did not pay. He did not pay his half of the braces that cost 5000.00 stuck me paying his half and my half. So I took him back for child support through DSS. They have been extremely slow in getting him to... Read more »

Angela L. Haas
Angela L. Haas answered on Jul 13, 2020

Depends on exactly what your agreement stated. Most likely, since you are most likely divorced now, he will not be able to get to your 401(k), directly. If you breached the agreement, however, the court could order you to pay a certain amount, but could not tell you you had to get it from the... Read more »

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1 Answer | Asked in Family Law for North Carolina on
Q: How do birth certificates work in North Carolina?

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?

Angela L. Haas
Angela L. Haas 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.

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: How do I file a motion of contempt for child custody, I'm now in another state than the courthouse?

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... Read more »

Angela L. Haas
Angela L. Haas 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... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for North Carolina on
Q: Boyfriend and I will move into a home that's solely in his name. How does "right of tendency" work (correct term???)?

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.

Angela L. Haas
Angela L. Haas 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... Read more »

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: Adult child dies before parent's will is processed, what happens?

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.

Angela L. Haas
Angela L. Haas 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.

1 Answer | Asked in Family Law for North Carolina on
Q: I live in vancouver washington my daughter and ex live in nc she is 13 and called me and said she wants to live with mw

What can o do to make that happen

Angela L. Haas
Angela L. Haas 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... Read more »

1 Answer | Asked in Family Law for North Carolina on
Q: I have a 15 year old nephew that doesn't want to live with his mom anymore. What can he do?

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.

Angela L. Haas
Angela L. Haas 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... Read more »

1 Answer | Asked in Child Custody for North Carolina on
Q: I need help filling for custody
Angela L. Haas
Angela L. Haas 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,... Read more »

2 Answers | Asked in Real Estate Law for North Carolina on
Q: A historical piece was uncovered by a new homeowner and he wont give it to a descendant of the home.

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... Read more »

Angela L. Haas
Angela L. Haas 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.

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1 Answer | Asked in Family Law for North Carolina on
Q: I’m 17 and my birthday is August 2 I live in NC I’m homosexual and I want to leave my parents now can I?

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?

Angela L. Haas
Angela L. Haas 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... Read more »

1 Answer | Asked in Estate Planning for North Carolina on
Q: Who gets the appliances?

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... Read more »

Angela L. Haas
Angela L. Haas 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).

2 Answers | Asked in Family Law and Domestic Violence for North Carolina on
Q: If a property settlement was done when separation papers were signed but no divorce ever happened and they reconciled

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... Read more »

Angela L. Haas
Angela L. Haas 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.

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2 Answers | Asked in Divorce and Family Law for North Carolina on
Q: I want a divorce and my husband refuses to leave the house. I have the mortgage in my name he is on the deed, help in NC

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... Read more »

Angela L. Haas
Angela L. Haas 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... Read more »

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1 Answer | Asked in Child Custody for North Carolina on
Q: after filing for custody of my children what do I expected? Can i see my kids while the case goes to court

Is there a quick way to get visitation?

Angela L. Haas
Angela L. Haas 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... Read more »

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