answered on Jul 19, 2013
Seriously? No. See the statute NC GS § 30?17 below. The statute was designed to provide some means of sustenance for a woman and small children if the husband or sole breadwinner died or was killed prematurely. It was not meant to provide support for adult children who are presumptively... View More
answered on Jul 18, 2013
If a person dies in NC without a will, its called dying "intestate." In such case, the state intestacy law provides that all the probate assets of the dead person, if he/she had no spouse, would pass to the sons in equal shares. This includes any land. Since title to the land passes to... View More
answered on Jun 29, 2013
Does the debtor own property in Pennsylvania? If so, then the Las Vegas, Nevada judgment can be registered in Pennsylvania or any other state in which the debtor works or owns property. Once it is domesticated (that is a fancy term for registered) then it can be enforced like any other... View More
answered on Jun 29, 2013
I don't know about Maryland specifically. Some states have such laws; most do not. However, there is a federal law called the fair debt collection practices act. It provides that a debt collector is only permitted to contact third-parties (like an employer or co-worker or relative) once for... View More
answered on Jun 28, 2013
They have until the expiration of the statute of limitations. I am not licensed in Wisconsin - some states have 3 years (like NC) or 4 years (like PA) or 6 years (like GA).
Wisconsin seems to be 6 years, but I am not certain what kind of debt this is (credit card or other) and it may be a... View More
I just got served papers that being sued for owing a creditor money beginning back in 2005. The company suing me I believe is a collection agency and I have never received or heard of this company nor have I received any information, letters or phone calls stating that I owe this amount or about... View More
answered on Jun 28, 2013
Contact the attorney for the creditor. However, its not uncommon for bad debts to get bought up by a junk debt buyer, even bad student loan debt. So it is not remarkable that you have not heard of the company suing you.
Before you settle though, I would seek out an attorney specializing in... View More
answered on Jun 28, 2013
There are not enough facts in your post. Are you alleging that the personal representative of the estate did not do his/her job properly?
If so, there is a 10 year statute of limitations. § 9-3-27. Actions against fiduciaries
All actions against executors, administrators, or... View More
The filing for spousal allowance of $20k was formally filed about two weeks after the one year date of death (but within one year of the filing for approval as executor to handle the estate). The filing was initially approved by the court, but I was then later contacted a few months afterwards and... View More
answered on Jun 28, 2013
If this was so important to the surviving spouse then one would think that she would have timely filed for it. See below statute.
§ 30?16. Duty of personal representative, magistrate, or clerk to assign allowance.
It shall be the duty of every administrator, collector, or executor... View More
Civil case filed against me. I would rather just pay the client instead of going to court or settling and paying legal fees.
answered on Jun 28, 2013
You pay the law firm who is suing you on behalf of the client. What kind of debt is it? Who is the law firm? How much is sought? Would the creditor/law firm be amenable to settling the debt for something less than 100% of what is sought?
Please contact me at rachelforjustice@hotmail.com... View More
answered on Jun 11, 2013
Why is this an estate planning question? Estate planning deals with people who are living considering wills or trusts to provide for the transfer of their assets when they die.
What is the lawsuit about? Are you the plaintiff or defendant? If a motion for summary judgment was filed by the... View More
We put in an offer on a short sale home yesterday. We were aware there was also another offer on the house so we actually offered more than the asking price. We were informed by the seller agent that we were the high offer and she would submit our bid to the bank for their approval. However, last... View More
answered on May 31, 2013
You need a real estate litigation attorney. If the seller of the property accepted your offer then you could sue for specific performance. If the seller never accepted your offer there was no contract - no meeting of the minds so there would be nothing to enforce and no way to interfere with the... View More
Vehicle check engine light came on same day of purchase shortly after leaving the dealership.Strong smell of oil continued to get worst, vehicle leaking oil and coolant. Paid $9,995 for vehicle and repairs are $10,149.79.
answered on May 31, 2013
Virginia. If the car was sold in Virginia then Virginia law is going to govern here.
S-I-L has no assets and we have little means. We plan to pay for cremation and past due rent. Is a lawyer (with our limit funds) really needed and how can they help? (Looking in Marietta, GA area.) - What advise can you offer us. Thank you.
answered on May 31, 2013
Not sure what medically dead is. Either she is dead or she is alive but comatose or in a vegetative state. If she is alive, a decision would have to be made to the pull the plug I suppose. If she is dead dead then other than arranging to remove her possessions from her apartment and having her... View More
answered on May 31, 2013
Was a will probated for the grandmother? Where did grandma live at the time of her death? What assets did grandma have that you know of?
If grandmother has been dead for almost 9 years, where have the grandchildren been? Why was this issue not raised sooner? Even if the children were... View More
More specifically, a priority right over the same-gender partner of the decedent?
answered on May 31, 2013
Priority over who? The statute below sets for the the order of priority. Basically, its the spouse and then the children and then anybody else. If the children cannot decide then any of them can apply for letters and if any object they can file objections and then the court will... View More
answered on May 31, 2013
The same way he ordinarily signs papers. If the is mentally competent to know what he is signing its not an issue. If he is not mentally competent, then he cannot sign a paper or make a power of attorney nominating an agent. In such case, guardianship would have to be established (for his person)... View More
answered on May 31, 2013
Why can't she just leave? Is she mentally competent?
If your post suggests that she is not mentally competent and that she has a guardian who refuses, then you would need to see a lawyer about this.
answered on May 31, 2013
Why do you want to do this? There is no difference between a voluntary and involuntary repossession. I am not sure why a debtor would want to do this.
If you wish to surrender your vehicle, you could try returning it to a dealer who deals in that make of vehicle or where you bought the... View More
Being sued by a bank for diversity-negotiable instrument.
answered on May 31, 2013
Without looking at the document, I cannot say. However, if you are being sued, then you need to think about (a) whether this debt is yours; (b) whether the lawsuit is timely; and (c) how you are going to resolve the debt.
If you are interested in resolving the debt in a non-legal... View More
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