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Questions Answered by Rachel Lea Hunter
1 Answer | Asked in Estate Planning for Georgia on
Q: What is the legal requirements of an Estate Administrator and what law is violated if not followed?
Rachel Lea Hunter
Rachel Lea Hunter answered on Jul 11, 2014

Is this a law school exam question? You post no relevant details here. Laws governing the probate and administration of estates of residents dying in Georgia are governed by the Georgia probate laws. In a nutshell, the person named in the will as the personal representative or executor has a... Read more »

1 Answer | Asked in Estate Planning for North Carolina on
Q: How do I revoke lifetime rights?

My mother took advantage of me and had me sign a paper giving her lifetime rights to my property. Now that I am aware of the situation we have been feuding, and now she is using her lifetime rights as a vehicle to come to my house and harrass me. Is there a way I can take those rights away from... Read more »

Rachel Lea Hunter
Rachel Lea Hunter answered on Jul 11, 2014

Nope. Not unless you pursue some kind of legal action to get the deed rescinded. Otherwise, she would have to voluntarily convey her lifetime rights to you, which does not sound like an option here.

I don't understand - why did you create a life estate for your mother on your...
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1 Answer | Asked in Collections for North Carolina on
Q: I consigned for my daughter boyfriend to by a car ,before getting it paid of f the tag place sent title to him he

He then sold it with out my knowledge now credit union wants there money,are there any thing I can do thanks

Rachel Lea Hunter
Rachel Lea Hunter answered on Jul 11, 2014

Co-signing is ALWAYS a bad deal. By co-signing, you are in essence telling the lender "go ahead and make the loan because if the primary borrower does not pay, I will." And if a person needs a co-signer it means that he either has no credit or more likely, bad credit, and that you are... Read more »

1 Answer | Asked in Collections for North Carolina on
Q: Can I sue a storage unit company for selling my property even tho the payments were being automatically paid monthly?

Before the sale of the contents in the Unit payments were being taken out of my account and several months AFTHER the sale of the unit contents payments were being taken out of my account monthly ..I contacted the owners they said it was a "Fluke" and offered me 660.00 dollars for my... Read more »

Rachel Lea Hunter
Rachel Lea Hunter answered on Jul 11, 2014

Yes, there is a statute of limitations. It is three (3) years for most things in NC. Your ability to prevail in a lawsuit here is problematic (note I did not say impossible - I said problematic). (1) Contracts by storage facilities generally allow the storage facility owner to enter a storage... Read more »

1 Answer | Asked in Family Law for North Carolina on
Q: Is it a felony in NC to open credit in a spouses' name without his/her knowledge?

My ex and I were married for 10 years and he spent the better part of it in prison. I left in 2006 and his son lived with me for nearly 4 years. I struggled to keep a roof over our heads and food on the table. I did open two lines of credit during that time frame out of desperation. The ex and I... Read more »

Rachel Lea Hunter
Rachel Lea Hunter answered on May 25, 2014

Your research was not very good then because NC is not a community property state. And you have committed a felony. § 14-113.17. Punishment and penalties.

(a) A person who is subject to the punishment and penalties of this Article shall be guilty of a Class 2 misdemeanor....
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1 Answer | Asked in Bankruptcy for Virginia on
Q: IS DEBT STILL VALID AND CAN i DISPUTE IF ATTEMPT TO GARNISH IS DONE AFTER 6 YEARS?
Rachel Lea Hunter
Rachel Lea Hunter answered on May 24, 2014

You are confusing things. A creditor can only garnish if there is a money judgment. So if a creditor is garnishing, it means there is a judgment against you. The statute of limitations only applies to the amount of time in which a creditor can bring a lawsuit after your debt is last paid. That... Read more »

1 Answer | Asked in Bankruptcy for Indiana on
Q: How can I find out if a person I have a judgment against is filing a bankruptcy or where is the best place to search ?
Rachel Lea Hunter
Rachel Lea Hunter answered on May 24, 2014

PACER (it stands for public access to court records). Unfortunately, you have to have an account. Either pay a bankruptcy attorney to look it up for you or get the contact information for the bankruptcy court for the district where the debtor resides and call the bankruptcy court. Go to the... Read more »

1 Answer | Asked in Consumer Law for New York on
Q: What is the statute of limitations for New York regarding credit card debt?
Rachel Lea Hunter
Rachel Lea Hunter answered on May 24, 2014

6 years. See Section 213 of the NY Civil Practice Law.

1 Answer | Asked in Family Law for Pennsylvania on
Q: If my name is not on my son's birth certificate and I would like to put my name on it, then file for custody, how do I?

My name is not on my son's birth certificate but I would like to know how I could put my name on it, and find out more about filing for custody for him

Rachel Lea Hunter
Rachel Lea Hunter answered on May 24, 2014

See this info from the PA Vital Records Dept. You have to file an acknowledgment of paternity and will need the mother to consent. If the mother will not consent you can bring a paternity action. Either way, an order will be issued and vital records will then add your name to the child's... Read more »

1 Answer | Asked in Child Custody for Pennsylvania on
Q: I'm making payments to the state of Pennsylvania for back child support and consistently make those payments monthly.

I recently opened a bank account to save some money to try to get my own place to live and the account was seized. Is there anything I can do to get access to that money or is it gone for good?

Rachel Lea Hunter
Rachel Lea Hunter answered on May 24, 2014

As long as there are arrears, they can be enforced like a money judgment on steroids. Wages can be garnished, bank accounts levied, tax refunds intercepted, licenses can be suspended and assets could be attached. How much money did you have in the bank?

You need to see a family law...
Read more »

1 Answer | Asked in Adoption for Georgia on
Q: we have permanent custody of a child can we adopt her without getting biological parents permission
Rachel Lea Hunter
Rachel Lea Hunter answered on May 24, 2014

Yes and no. You have to first terminate the biological parents' parental rights. If they will not consent, then you have to bring involuntary termination proceedings under OCGA § 15-11-260 - § 15-11 - 323.

1 Answer | Asked in Family Law for Georgia on
Q: Is a 17 year old a legal step child of her mother's new husband if the marriage occurred after age 17?
Rachel Lea Hunter
Rachel Lea Hunter answered on May 24, 2014

Question makes no sense. A child who is not the biological or adopted child of a person has no rights of inheritance from that person.

In your example mother has a child age 17 and marries husband.

For inheritance purposes, if husband dies without a will, only mother can inherit...
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1 Answer | Asked in Civil Litigation for Georgia on
Q: what does this mean having fully answered plaintiffs complaint prays that the demands of plaintiff be granted
Rachel Lea Hunter
Rachel Lea Hunter answered on May 24, 2014

I don't know since I have not seen the documents. If you do not have a lawyer I suggest that you get one.

Who are you? The plaintiff or the defendant? The phrase you typed makes no sense. Why would a defendant ask for plaintiff's complaint to be granted?

A lawsuit...
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1 Answer | Asked in Estate Planning for Pennsylvania on
Q: In PA, do burial rights pass under the generic term in a will "all my residual estate" or must they be named?

The surviving wife of an "owner" of burial rights, my mother, wrote a letter to the cemetery in 2004 "assigning" the right of burial to me and my wife. In 2005, she drafted a will that bequeathed her entire estate to my sister. The cemetery burial rights are not named... Read more »

Rachel Lea Hunter
Rachel Lea Hunter answered on May 24, 2014

A will only disposes of assets that a person owns as of the date of their death. If they have already given away property and they make a will and then die the will does not affect property that is already disposed of. Same thing if people make a will and give a gift to someone in the will and... Read more »

1 Answer | Asked in Real Estate Law for North Carolina on
Q: In NC may you resend a contract on land purchase

We went to land sale on Sat. and signed contract but when we got home and I started calling around all the banks said they do not do land deal. We were buying this for investment opportunity but it looks like we will not be able to sell it later on.

Rachel Lea Hunter
Rachel Lea Hunter answered on May 24, 2014

You ask if you can rescind. The answer is I don't know because I don't know what you signed.

What kind of a deal was this? I have not heard of a land sale. Is this of vacant land by a developer? There is usually a clause in the contract which discusses termination. There...
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1 Answer | Asked in Real Estate Law for North Carolina on
Q: When the Seller's Agent says that there is another offer on the house (to force you to make a quick decision)...

If our offer is then accepted, can we ask to see the other offer to verify that he was being truthful and not just pulling a fast one to get us to bid above the asking price ? BTW - This property is in North Carolina.

Rachel Lea Hunter
Rachel Lea Hunter answered on May 24, 2014

Has the other offer been accepted yet by the seller or not? You do not have a right to see the other offer; that is between the seller and other prospective buyer.

You need to ask yourself how badly do you want this home? Why do you have to submit an offer at all? If you do submit an...
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1 Answer | Asked in Juvenile Law for North Carolina on
Q: im 14 years old that live in North Carolina what will happen if I drop out of school ?
Rachel Lea Hunter
Rachel Lea Hunter answered on May 24, 2014

You will be setting yourself up for a life of poverty. I suggest that you at least get your GED and attend a technical school assuming that your parents are on board with this plan.

Since you are a minor, there may also be juvenile delinquency proceedings against you.

1 Answer | Asked in Divorce for North Carolina on
Q: 30 yrs,He offered settlement,verbally,wants me to leave,said NO ALIMONY

where do i start

Rachel Lea Hunter
Rachel Lea Hunter answered on May 24, 2014

And the question is? How exactly is that your husband can dictate whether or not you are entitled to alimony? And I don't care what your husband says - you may or may not be entitled to alimony based on a whole lot of factors which you do not explain. Was there marital misconduct? If so,... Read more »

1 Answer | Asked in Real Estate Law for North Carolina on
Q: do you need an attorney for parents to give property to children and change the names on the deed
Rachel Lea Hunter
Rachel Lea Hunter answered on May 24, 2014

No one "needs" an attorney. However, would you fix a plumbing leak yourself? Or do open heart surgery on yourself? If not, then I would suggest that you get an attorney who would have experience and do things correctly. Deeds are not all that expensive. Hire an attorney.

But...
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1 Answer | Asked in Divorce for North Carolina on
Q: Do i need a lawyer for legal separation
Rachel Lea Hunter
Rachel Lea Hunter answered on May 16, 2014

No. All you and your spouse have to do is decide that you do not want to be married anymore and you have to live separate and apart.

However, it would be a very good idea for you and your spouse to have a settlement agreement in place before you separate. A settlement agreement will...
Read more »

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