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Questions Answered by Ethan A. Trice
1 Answer | Asked in Divorce, Elder Law and Criminal Law for North Carolina on
Q: What legal actions can protect an elderly man whose wife is married to someone else?

An elderly man married a woman 13 years younger who has allegedly used him and spent his money. He is unaware that she is still married to another man in a different state. His family has hired a private investigator due to her alienating behavior and other red flags. What legal actions can be... View More

Ethan A. Trice
Ethan A. Trice
answered on Mar 20, 2025

There is a lot to unpack there. Firstly, he didn't marry anyone. If she was married to someone else when she "married" that elderly man, the marriage to the elderly man is void (bigamy is illegal in NC).

Secondly, if she abused his funds, she could be guilty of a felony...
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1 Answer | Asked in Child Support and Gov & Administrative Law for North Carolina on
Q: Should I file a motion to dismiss child support arrears leading to jail threat in NC?

I am an environmental officer in Columbia, SC, and have been on child support for my son, who is now 19. During the time when I missed payments, I underwent three knee surgeries and applied for disability, which affected my ability to pay. My doctor sent medical documentation to the DSS, yet the... View More

Ethan A. Trice
Ethan A. Trice
answered on Mar 11, 2025

Unfortunately, you cannot generally modify an arrears amount. If the party that is owed it still wants it, you can't modify. Each county is different, but I'm surprised they're actively threatening jail if you are making payments. If there is a threat of contempt of court, then you... View More

1 Answer | Asked in Elder Law, Estate Planning and Gov & Administrative Law for North Carolina on
Q: Can state grant universal POA for incapacitated family member in NC?

I have a family member who is wheelchair-bound and incapable of basic self-care. Currently, I have medical power of attorney for them. They have been discharged from two assisted living facilities due to the level of care needed and have had multiple ER visits and lengthy hospital stays. There are... View More

Ethan A. Trice
Ethan A. Trice
answered on Mar 5, 2025

Unfortunately, the state cannot grant a power of attorney of any type. If you are the agent under the healthcare power of attorney and that family member is incapable of making decisions for themselves, then you are the shot-caller at the present time. The real issue is about finances.... View More

1 Answer | Asked in Family Law and Elder Law for North Carolina on
Q: Do you think it's doable for me to get guardian ship of my husband away from his brother and sister

I'm the one who took care of him when he was home his family never came around unless they wanted something and i have witnesses who can testify to that he's currently in a nursing home in NC and I am in the nursing home in Virginia I want him moved with me

Ethan A. Trice
Ethan A. Trice
answered on Apr 12, 2024

I am not licensed in Virginia, but I am licensed in North Carolina and several other states and will answer based on how North Carolina operates. Realistically, you'll need an attorney in each state or an attorney licensed in both states to do this.

In general, transferring...
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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for North Carolina on
Q: Why would my stepsister send me and my siblings a personal property exemption form ....keep all his personal stuff

My father passed in 2021& his wife last year . My siblings and I Were not even notified of my father's passing until he was buried and gone even his brother wasn't notified.im afraid she is up to something

Ethan A. Trice
Ethan A. Trice
answered on Jan 31, 2024

There are a couple forms she could be trying to get you to sign. It sounds like she's trying to get you to waive your inheritance rights. If your father's wife never adopted you and never made a will, realistically the stepsister gets her property. Why she's trying to get you to... View More

2 Answers | Asked in Estate Planning and Probate for North Carolina on
Q: Who gets house and everything when stepfather then passes?

I am 36 years old. My mom passed away many years ago and so did my only brother. Everything of course was then only my stepdads. My stepdad has been my father since I was 5 years old. I consider him my father of course. We’ve always had a great relationship but recently he has been ill and... View More

Ethan A. Trice
Ethan A. Trice
answered on Jan 31, 2024

If he never adopted you, you don't inherit from him in the absence of a will. Intestacy statutes will apply and the property will either go to his children (if he has any legal children) or his sibling(s). His living sister's daughter won't have a claim (rather the sister herself... View More

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1 Answer | Asked in Elder Law, Estate Planning and Personal Injury for North Carolina on
Q: Need help to stop niece and nephew from exploiting mother's assets while she is hospitalized.

I have an issue with my niece and nephew who are taking advantage of my elderly mother, who has been in the hospital for almost two months and is incapable of making decisions for herself. She gave my niece power of attorney while hospitalized. My brothers and I are being kept from entering her... View More

Ethan A. Trice
Ethan A. Trice
answered on Mar 5, 2025

You need to file a petition for guardianship and check the box for an interim guardian. This will get you before a clerk sooner and you will be able to explain the situation. You can also reach out to your county's adult protective services and they may even be willing to help you with that... View More

1 Answer | Asked in Family Law and Elder Law for North Carolina on
Q: Why shouldn't I have gotten guardian ship of my husband I wasn't in a nursing home then

I'm in a nursing home now because I fell and dislocated my shoulder and fractured it 4 times my husband is in a nursing home in NC and I want him moved with me his brother and sister currently have guardian ship I don't know how they got it I am the one who took care of my husband when we... View More

Ethan A. Trice
Ethan A. Trice
answered on Apr 20, 2024

It isn't possible to answer with any degree of specificity why you were not granted guardianship without seeing the court file. This is a situation where you need to schedule an appointment with an attorney with the paperwork you have.

2 Answers | Asked in Estate Planning and Probate for North Carolina on
Q: Mom died with no legal will have half sister tht is not my biological father's daughter and she was never adopted intitl

My biological father never changed deed to property nor did my mom who has rights to property

Ethan A. Trice
Ethan A. Trice
answered on Oct 17, 2022

This very much depends on what the deed itself says. Based on how the question is worded, it sounds like the deed was in one or both of your parents' names.

How your parents owned the property matters (with the default being tenancy by the entirety for married couples). If both your...
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