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His mother and I are divorced. We live in nc.
answered on Aug 8, 2019
You could be appointed as the Administrator. If she applies too, the clerk would need to decide who would act as Administrator. If your son did not live in NC when he died, then his estate would need to be administered in his state of residence, and you would need to get a resident agent to act on... View More 
My granddaughter moved to Wilkes from Baltimore for schooling and wants to get custody of her daughter that she has here with her.
answered on Aug 1, 2019
She'll need to file an action for custody, or file to modify an existing order. Either way, she needs to get a custody order, giving her legal and physical custody of the child. If the child hasn't been in NC for at least 6 months, then she may need to get jurisdiction in NC by emergency,... View More
He had no will and I am his next of kin. I am just waiting the 30 days to open the estate. I didnt know if I could live in the home to keep up the property while in this process.
answered on Aug 1, 2019
If your father lived in NC at the time of his death, then you don't have to wait 30 days to apply to be the Administrator (Personal Representative) of his estate. If you have a key, you may go there and you may live there if it helps to keep the property in good shape. As Administrator, you... View More
First?
answered on Jul 30, 2019
I am assuming one of the 5 is now deceased.
Yes. Essentially, the heirs of the deceased will take the deceased's share of the property, and they will have to approve any sale. Alternatively, it is possible that the property will need to be sold (or the other 4 pay the deceased's... View More
answered on Jul 30, 2019
Alternatively, you can go to the courthouse in the county where they died, and look it up in the estate's files, using the decedent's name.
The kids name are not in the paper
answered on Jul 24, 2019
If Custody is not covered in the DVPO, then legally he is entitled to see the children, but he cannot come and take them from you if they are in your physical custody
What can I do about not seeing or communicating with my 8 year old. And I pay 380.00 month just for him. I do not make a lot of money and I can barely take care of myself, my wife and our 4 children in the home.
answered on Jul 23, 2019
In order to secure your rights to visit with your son, you'll need to file a Complaint for Custody/Visitation, and get the court to enter an order with specific days/times when you can have custody of or visit with your 8-year old. You are not legally obligated to support your wife's... View More
She needs to enroll in school, and they wont take her unless it's signed by a judge. She's a single mom, and my family doesn't have a lot of money for a huge court payment for something that should be simple. I love my niece, so I want to know if we have options
answered on Jul 23, 2019
You'll need to have a court order giving you legal and physical custody of the child. The child's father will need to also consent. First, you need to file a Complaint for Third Party Custody, and then you can submit the Consent Order to the judge to enter with the court. There are other... View More
They have brought up the step father adopting him. My arrears will end up being paid but they have brought it up. Only issue is when I agree the mother gets angry and threatens me with the law or to make sure she gets every penny from me. The step father is a great dad to my son and I feel... View More
answered on Jul 23, 2019
Yes. You just need to file a Consent to Adoption. Once the adoption is final, your rights will then be terminated.
They stole a purse and money from the bedside of the deceased person and say they feel they can keep it and it's contents.
answered on Jul 23, 2019
An estate file will need to opened, and someone appointed as the Administrator/Executor, and that person will be responsible for getting the items back. Get some sort of evidence (i.e., voice recording, text message or email) of them stating exactly what they took, because you'll have to prove... View More
The father has primary custody of minor child. In the Temporary Parental Order, during the summers, we have alternating custody on a two week schedule. I am having a huge surgery where bones are being taken out and bedridden for a month. I told the father a month in advanced. I have text messages... View More
answered on Jul 13, 2019
No. The courts will not make someone exercise their time. The court will only enforce one's right to exercise his/her time with the child if they want to. Have your surgery, heal, and then resume your time with your child. Perhaps he may be willing to let you have 2 of his weeks in the future... View More
judge and we have tried to adopt her to ensure she is protected and that she is finacially provided for. We have been told that we cannot do that without the mothers consent. she has made no attempts to stop using drugs or comply with anything to at least get visitation rights. what can we do to... View More
answered on Jul 11, 2019
I've responded to your question from later today. Same response would be applicable here.
answered on Jul 11, 2019
If the mother will not consent, then you have to file to get her parental rights terminated. There are 11 grounds which could justify the court terminating parental rights, in addition to determining that it would be in the best interest of the child that the parent's rights be terminated.... View More
Other child is 21but still paying the same. Do they credit my arrears for the other two children
answered on Jul 11, 2019
They credit your arrears to the arrears, not to the payment you should be paying for the other child(ren). It sounds like you should file a Motion to Modify Child Support, to bring your main payment down (which could also cause your arrears payment to increase, but also means that the arrears would... View More
So my son technically pays the bills Cause he gets disability but doesn't require 24hr care kids get food stamps she doesn't financially support kids at all does it matter
answered on Jul 11, 2019
You should be paying something with a portion of your disability income. If she is intentionally not working, in order to avoid her child support obligation, then "yes" it matters.
The daughter is having dental surgery after her 18th birthday and the ex wants us to pay the 60%. Do we have to pay or are we off the hook since she is 18?
answered on Jul 9, 2019
Assuming she has graduated from high school, and the agreement/order states the child support ends at age 18 (and graduation from HS), then your husband is not obligated to pay. However, it sounds like it was scheduled ASAP before she turned 18 and that (without knowing "the rest of the... View More
The mother contact the family in October tell us that she need the child to come here because they we're homeless. Now she is wanting to move back to Washington to live couch to couch again. We want to make sure we stay in contact with her because this is not the first time the mother has been... View More
answered on Jul 8, 2019
Your brother-in-law needs to file a Complaint for Custody. Prior to that, it would be best for him to at least meet with a family law attorney about his case. The attorney can help guide him on what to do (and what not to do).
My sister and I bought property in North Carolina together. An attorney filed the paper work and the new deed reads "Joint tenants in common with right of survivorship". I understand (matches the situation exactly) the "joint tenants in common". I understand that the ROS keeps... View More
answered on Jul 1, 2019
The spouses would not inherit, because the property would pass to the survivor and only the survivor's spouse would inherit (maybe). I say "maybe because I've never of "joint tenants in common with a right of survivorship". It's "tenants in common" or... View More
answered on Jul 1, 2019
He should have filed a Motion to Terminate the Child Support. If he didn't, he needs to ASAP. Anything that was owed before he got custody, he still needs to pay, unless the other party waives the right to receive it (in the form of a Consent Order).
answered on Jul 1, 2019
You can, but if there if there is someone he can stay with, that might be a better idea. It also depends on his maturity level, and how and how often someone would be checking in, how far away you are going, and whether he knows what to do in an emergency. If he has another parent or someone close... View More
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