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Questions Answered by Will Blackton
1 Answer | Asked in Probate and Estate Planning for North Carolina on
Q: If the beneficiary has passed, who is entitled to the devise, the children or the surviving spouse?

My grandfather's will States that at the sale of his property, that $20000, be equally divided among 4 grandchildren. Any additional money made from the sale will be divided among his 3 children. However one of the 3 children(My father) has since passed. Will his third go to, the state, My father's... Read more »

Will Blackton
Will Blackton answered on Feb 23, 2018

How your father's share will be distributed should be described in your Grandfather's Will. Did your father pass before or after your grandfather? If after your grandfather, more than five days after?

If your father passed after your grandfather, your father's estate will receive his...
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1 Answer | Asked in Contracts and Copyright for Georgia on
Q: Are photographers owners of their photos if there is no written contract?

I had a recurring client for about a year and we've always had verbal agreements, no written contracts. The client now owes me money for services rendered and refuses to pay due to an issue they has with me personally. They've threatened me with legal action, requesting that I remove all of their... Read more »

Will Blackton
Will Blackton answered on Feb 23, 2018

Who owns the photographs? It depends.

Could you be considered an employee?

Any copyrightable work created by an employee acting within the scope of his or her employment is a “work made for hire.” The parties do not need to address works made for hire in their employment...
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1 Answer | Asked in Copyright for Texas on
Q: Fan Made Video Game

I am writing this to inquire about reporting copyright infringement on behalf of a video game company. I have recently become aware of sources that are copying and altering material from the official video game company. As a concerned fan of the official games, I was wondering what official steps... Read more »

Will Blackton
Will Blackton answered on Feb 20, 2018

Contact the video game company and tell them about the infringement if it's bothering you. It's up to the rights holder (video game company) to pursue copyright infringement claims.

1 Answer | Asked in Stockbroker Fraud for North Carolina on
Q: Hello I am an International student and I have been scammed $ 4700 by somebody, how could I sue him?

I am an international student, I wanted to learn how to trade forex and I made some research and found good feedback about somebody. I contacted him in order to learn with him but he scammed me $4700. He puts me in a terrible situation because I have almost been expelled form the country because I... Read more »

Will Blackton
Will Blackton answered on Feb 15, 2018

Do you know this person's real identity and are they located in North Carolina, or at least in the US?

If so, you may have a chance at suing them to recover your money.

You can contact the North Carolina Secretary of State's Securities Division to file a complaint if this person...
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1 Answer | Asked in Consumer Law for North Carolina on
Q: I received a Civil Summons for cc debt with Wells Fargo. What should my 1st step regarding the paperwork? it is $6330.00
Will Blackton
Will Blackton answered on Feb 15, 2018

Once a lawsuit has been commenced against you, if you fail to respond appropriately - you lose the lawsuit.

Your first step should be contacting an attorney. If you're unsure of how to find an attorney or would like an attorney to only assist you in answering a limited set of questions...
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1 Answer | Asked in Copyright for New York on
Q: How can we protect ancestral journals and letters?

We have several journals and letters from 1850-1920 written by family members (all deceased). We are in the process of retyping these and putting into PDF format for immediate family members. We would also like to make these available to more distant relatives and possibly parts to any local... Read more »

Will Blackton
Will Blackton answered on Feb 15, 2018

A will does not have to specifically bequest intellectual property rights for those rights to pass to heirs. If, for example, father gives everything he owns to son, his son inherits the intellectual property rights in his letters and journals. Son could apply for copyright protection from the... Read more »

1 Answer | Asked in Real Estate Law for North Carolina on
Q: How can I stop the sell of Property that was supposed to signed over to me. Not sure if INC. or persons name

There was an agreement between one owner (president of Inc.) to sign property over after I sold property and gave them funds from sell to invest in the Inc.

Will Blackton
Will Blackton answered on Feb 9, 2018

North Carolina General Statute § 22-2. Contract for sale of land; leases.

All contracts to sell or convey any lands, ... or any interest in or concerning them, ... shall be void unless said contract, or some memorandum or note thereof, be put in writing and signed by the party to be...
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1 Answer | Asked in Real Estate Law for North Carolina on
Q: Question about owner financing

I currently owe 150k on my house. I have an interested buyer at 500k. At closing the buyer will put down 150k to pay off existing mortgage and I will carry the loan of 350k@4% for 30 years. My question is if for some reason the buyer at some point gets a second mortgage/equity loan from a separate... Read more »

Will Blackton
Will Blackton answered on Feb 9, 2018

The answers to those questions will depend on what's in the written agreement between you and the interested buyer.

Contact an attorney directly to assist drafting or reviewing any lending agreement that exchanges $350,000.00 of value. You have valid concerns which should be addressed in...
Read more »

1 Answer | Asked in Copyright for Michigan on
Q: I have received a letter from a law firm indicating that a photograph I used on my personal website was copyrighted.

They asked that i remove the photo, which I did, and are also asking that I pay them $6750.00 for the last six months that the photo was used. This photo was taken off of Google search and had I been asked by the copyright owner to take it down sooner, it would have been done immediately. This is a... Read more »

Will Blackton
Will Blackton answered on Feb 9, 2018

How you should respond depends on a lot of factors not available in your question. It's a strategic decision best left to an attorney with experience in copyright infringement actions.

Attorneys on this ask-a-lawyer board are going to be unwilling to answer your question, partly because...
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1 Answer | Asked in Landlord - Tenant and Domestic Violence for North Carolina on
Q: Ex-husband jail release 2/19. He burned down my house, stalked me and hit me. Landlord waive break-lease fee law for me?

Want to know if there's a law in my favor to move without fee for breaking my lease just renewed in Nov 2017.

Will Blackton
Will Blackton answered on Feb 9, 2018

North Carolina law does afford special protection for victims of domestic violence, sexual assault, or stalking, in relation to early termination of rental agreements in Section 42-45.1 of the North Carolina General Statutes.

The N.C. General Assembly's unofficial copy of the statute is...
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1 Answer | Asked in Land Use & Zoning and Real Estate Law for North Carolina on
Q: I own some land and I have a promising buyer. Can I have money fronted from that buyer now and reduce the total price?

I own some land. I know someone that has promised to buy it. Is there any type of document that could be drawn up that allows me an advance of the price the buyer has promised before time of sale so that at time of sale the amount would be less en bloc. E.g. promised 30,000. I ask to have 5,000... Read more »

Will Blackton
Will Blackton answered on Feb 5, 2018

Probably. Have you already entered into a written sales contract? You state that the potential buyer "promised to buy it." In North Carolina, all contracts or agreements to sell or convey land must be in writing to be enforceable.

There are a few ways to accomplish your goal and...
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1 Answer | Asked in Contracts and Real Estate Law for North Carolina on
Q: How can we get our down payment back on an owner finance purchase. We decided to back out after the inspection/appraisa

We were scheduled to close on the home on Jan. 26th but was advised my a realtor friend to get an inspection and appraisal before we sign the contract.

Will Blackton
Will Blackton answered on Feb 5, 2018

What does the sales contract say?

By down payment, do you mean due diligence fee or earnest money or both?

Is the money being held in escrow or by the owner?

Contact a NC attorney with the answers to these questions ready to find out the answer to your question.

1 Answer | Asked in Copyright and Trademark for Texas on
Q: How do I find out if my logo and brand name aren't already registered?
Will Blackton
Will Blackton answered on Feb 5, 2018

You could engage an attorney specializing in trademark law or an online trademark search firm to conduct a trademark search. A thorough search is the first step to a successful trademark application.

1 Answer | Asked in Copyright and Trademark on
Q: Do I need trademark license if I am doing ecomerce, selling T-shirts online and would like to use a movie/serials name.
Will Blackton
Will Blackton answered on Feb 5, 2018

If you want to avoid being sued, you should secure the rights and permissions of creators or rights-holders to sell their images on t-shirts.

1 Answer | Asked in Copyright and Intellectual Property on
Q: How do i copyright a name
Will Blackton
Will Blackton answered on Feb 5, 2018

Names and short phrases cannot be copyrighted under U.S. law. Trademark law, however, may afford protection for a name. Contact an attorney specializing in trademark law to learn more about whether the name you have in mind could be trademarked.

1 Answer | Asked in Copyright for Florida on
Q: I have a question about Peter Rabbit images and public domain. Here is the message from penguin books.

I did research Peter Rabbit and it does appear that they entered the public domain in 2014. I find their response a little ambiguous. " New Iterations" "adaptations", also "protect several trademarks". There's not an answer if and what images are free to use. I thought if they entered Public... Read more »

Will Blackton
Will Blackton answered on Feb 5, 2018

If an original work enters the public domain, this does not cover derivative or subsequent works based on that original work. So, Leonardo Da Vinci's Mona Lisa is in the public domain. But that does not mean that a photograph taken of the Mona Lisa is necessarily in the public domain, the... Read more »

1 Answer | Asked in Criminal Law for North Carolina on
Q: I got a felony 8 years ago for possession, no conviction since. Can I sue to restore gun rights?

Thank you so much for taking time to answer my question.

Is there any way to go ahead and do get my rights back with a lawsuit, or do I have to wait to get my felony expunged, which is 10 years in NC; the petition is 20 years from conviction.

I could pay for a lawyer, just not over... Read more »

Will Blackton
Will Blackton answered on Jan 23, 2018

You may apply for an unconditional pardon from the Governor, which is granted at the Governor's discretion. An unconditional pardon is granted primarily to restore an individual's right to own or possess a firearm. Applications for pardons are handled by Pat Hansen at the Governor's Clemency... Read more »

1 Answer | Asked in Copyright on
Q: How do i get a copyright for any salad dressing.... mixed with Tabasco.. can it be free?
Will Blackton
Will Blackton answered on Jan 23, 2018

Copyright law does not protect ideas, but instead, the expression - a description, explanation, or illustration, for example, that accompanies those ideas. So, copyright law does not protect recipes that are a mere listings of ingredients. If your recipe has secret ingredients that you do not... Read more »

1 Answer | Asked in Criminal Law for North Carolina on
Q: How do I find court records for a case in North Carolina?
Will Blackton
Will Blackton answered on Jan 10, 2018

Do you have a case number? You can call the clerk of court in the county where the case was heard and request the records. There may be a cost to have the records mailed to you or the clerk may fax records for free within a few days of the request.

You can also go to the county court...
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1 Answer | Asked in Contracts and Business Law on
Q: Signing an NDA a while after the meeting

I have had a meeting with an investor about my buisness in which I did not ask him to sign an NDA about 2 months ago. He was interested in investing and delayed it for over a month untill popping out of the blue that he is not interested anymore in investing for a certain reason (which there is no... Read more »

Will Blackton
Will Blackton answered on Jan 4, 2018

This depends on state law and a number of other factors. Without knowing what state you're in nor the circumstances of your situation, an attorney is not going to be able to offer you legal advice.

For example, in North Carolina and in most states, if an agreement lacks consideration, it's...
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