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Questions Answered by Angela L. Haas
1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: My family moved from Nyc to North Carolina. We have a will and proxy written in NYC. Does the move invalidate our will

It’s a fairly simple will, no trusts. The only thing that we’re concerned about is beneficiaries as all their addresses have changed as well as ours. Do you see any issues that might arise?

Angela L. Haas
Angela L. Haas answered on Feb 8, 2021

Moving does not invalidate the Will, and the addresses were to help determine who the beneficiaries are, in the event they are not known (i.e., there are 6 "Todd Smith's" that it could be - it would be the one that lived at that address at the time the Will was executed). So long as... Read more »

3 Answers | Asked in Real Estate Law, Estate Planning and Probate for North Carolina on
Q: My husband n I live in nc. We lgot married4/210 bought the home 7/2010 he carried mortgage he died 2018 my names notdee

Not on deed No will I paid 71,000, 30,000 we paid for do I own the home

Angela L. Haas
Angela L. Haas answered on Feb 8, 2021

You could file as a creditor to his estate estate, and claim that he was holding it in trust for you, pro-rated to take into account the amount you contributed.

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1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: Me n my husband bought home 2010 got married 2010 he died 2018 my name not on deed who owns house

My name is not on deed in error. No will who owned home his kids or me

Angela L. Haas
Angela L. Haas answered on Feb 8, 2021

Depends on whether he had a Will, how many children he has, and how much debt he has. If he died without a Will, and the house is not needed to pay any of his debt, and he had more than one child, then you own 1/3 and the kids own the other 2/3.

1 Answer | Asked in Child Custody and Health Care Law for North Carolina on
Q: Can I add a 19 year old onto my health insurance at work if I am not a parent, but have full legal custody of her?

She has lived with us since she was 4 months old and we have had custody of her since about 2 years old. We are the only parents that she has really. I am told that in NC she is considered a legal ward and at the age of 18 I can no longer carry her on my insurance. Is this true?

Angela L. Haas
Angela L. Haas answered on Jan 17, 2021

You cannot carry her on your insurance unless she is your legal dependent. If you haven't been claiming her on your taxes as your dependent, I don't believe you can cover her. Check with your insurance agent to be sure.

2 Answers | Asked in Adoption and Family Law for North Carolina on
Q: My x just had a baby. She said the baby is mines, but she is placing it up for adoption. I do not agree. What can I do
Angela L. Haas
Angela L. Haas answered on Jan 17, 2021

You must either file to legitimate the child, file for paternity, marry her, or support the child. Supporting the child can be done in many ways. Act quickly though, because your time to act may have already passed, depending on how far along she is in the process. Consult with a family law... Read more »

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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 »

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