answered on Aug 1, 2023
You should ask this in the SC section of these boards. You will get NC attorneys primarily here.
who is the representative of the estate. if no one was appointed in a will or POA
answered on Jul 12, 2023
The POA is void upon death, and the will is what controls who the clerk chooses to appoint. It is ultimately up to the clerk, but they almost always follow the will.
Primary interest is nursing home protection
answered on Jul 12, 2023
It is one of the ways to protect the home from Medicaid claims currently. Without a more detailed consultation, I cannot recommend it over any of the other methods.
I'm in North Carolina, and the state only recognizes biological and adopted children unless otherwise noted on a will or trust. My stepfather's daughter lives out of state and has never lived here. The only time she ever visited was to ask for money. I find it worrisome that the... View More
answered on Jul 5, 2023
Take all the documents to a local lawyer and get their opinion. This question cannot be answered without a full understanding of all the facts and a review of the documents.
answered on Jul 5, 2023
It is only binding on the parties who actually signed the document.
The attorney handling the sale of a purchase of a home in another state neglected to provide in a timely manner the wiring information needed to close on the sale of the home. He refused to accept a certified bank check. Our bank would not wire funds unless it was done in person, so not over the... View More
answered on Jul 3, 2023
It likely did not rise to the level of malpractice. However, it would likely be enough to collect any amount directly tied to the issue from the lawyer. I would start by asking the lawyer directly and escalate from there.
The new property owner has turned water off. Do I have any rights
answered on Jul 3, 2023
Your rights depend on whether or not you had a formal lease in place, if you did not then your rights are pretty minimal. It would likely cover them not turning off the water without notice, but not much beyond that.
Is it legal or possible in NC to take ownership of vehicle so repairs can be made? The vehicles also need to be inspected, have insurance put on them, and tags and registration.
answered on Jul 3, 2023
You can apply for an abandoned vehicle title, this is done either by filling out the form found online or going to your local DMV office. It will take some time but is possible.
When we signed our contract there was nothing in there about additional HOA fees charged by management companies for submitting requests. We were only told about dues and other fees. Now they have handed it over to mgmt co who charges for requests and when I emailed the builder they said they... View More
answered on Jun 29, 2023
I would advise that the HOA hire an attorney to review the situation. There are too many unknown facts to be able to give you the answers you are looking for.
I was driving back from Maryland from picking up my son and I literally was going around someone slow in the left lane when I sped up to get past him and switch back into the left lane the cop was in front of me and said I came up on him too fast.
My fear is I’m going to go to jail for... View More
answered on Jun 29, 2023
Depending on the nature of the ticket, it could be a very simple fix or might involve slightly more money. Hire a local traffic attorney to assist you. You will generally get a better deal than negotiating yourself.
My husband took off in 2018 I paid the mortgage and went to nursing school. I was fine right up.until the pandemic. The mortgage was in his name but the deed in mine. I made the mortgage payments, am I entitled to and of the funds left over from the foreclosure sale? I looked online for some reason... View More
answered on Jun 29, 2023
Based on this fact pattern, you should be the recipient of any excess funds in the foreclosure process. I would advise that you hire an attorney to represent you during this process to ensure that your interests are heard in court.
I inherited a house in Puerto Rico from my mom after her passing. She was a resident of PR but I am not. What % do I have to pay for taxes? Is that percent on the net gains?
Can I reduce the tax by including improvements and mortgage payments that I made after her death?
Thank you!
Nancy
answered on Jun 27, 2023
While there are probably some attorneys barred in NC and Puerto Rico, there are not many. You will get much better advice posting this on the Puerto Rico portion of this page if one exists.
My adopted dad signed over the house and land to my sister which was his biological child and she didn't even tell me that my dad passed away and she told family it was because she didn't want to have to go through anything with me for the home and land is there anything I can do
answered on Jun 22, 2023
If your dad was of sound mind when he did this, then there is little you can do. If it was done using a power of attorney, then the transfer is presumed void. You should probably pay for a consultation with an attorney to see what they think of this before proceeding.
If I sell house am I entitled to half the profit or does all have to go to assisted living facility
answered on Jun 22, 2023
It sounds like you are not currently divorced. If you sell the house, only half of it should go to your husband.
I would advise paying for specific legal advice as, depending on the current relationship, it may be in your best interests to hold onto the house.
My sister and I would like to sell the property, but we aren’t sure how to get it in our name. My mother was married to our father when she deceased, but his name isn’t listed on the deed. (They were married for 16 years, then they divorced and she purchased property… then remarried 20 years... View More
answered on Jun 22, 2023
Right now, based on your fact pattern, the house is owned by your father, your sister, and you. Even though there is no deed stating as much, that is still the case. You should be able to sell the property, but all three people and their spouses will have to sign the new deed.
The roommate will not give me the keys or access to the house or car. He states he has a holographic will but will not give me a copy. I filed a Small Claims to make him leave and sent him a demand eviction letter. He refuses to leave. He is a career criminal out of jail on a secured bond.
answered on Jun 16, 2023
Unless the roommate is able to provide proof that satisfies the court of his ownership, the small claims eviction should be sufficient to remove the roommate.
But until he actually tries to challenge your probate authority, ignore his claim of the will. Make him prove that he has a valid... View More
I rented unit about 15y ago. Storage facility has been sold twice to new companies. Neither owner had me sign a new contract. Does the originally contract stand? Also, they've raised the rent 3x in last 2 years with NO 30 days notice like before. Contracts states 30 day notice must be... View More
answered on Jun 13, 2023
I would have to review your old lease, but that is likely the one that is now in effect. The bill could be construed as notice, but once again, I would have to review the lease. I would probably sue in small claims court but understand that you will likely never see any of the money.
we are private people. I don't want this guy to come to my house every day and use our water and water the grass and our flowers?? I am so very unvomnfortable. Do I have any rights?
answered on Jun 7, 2023
While the landlord is allowed to inspect the property, they are not supposed to use the property while you possess it via the lease. I would have to review the lease to ensure it is not allowed, but I don't think they should do this.
answered on Jun 6, 2023
There are no late fees, the fee is 4 cents for every $10 in assets of the estate. I would generally advise to ask the clerk to tell you how much you owe.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.