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North Carolina Questions & Answers
0 Answers | Asked in Construction Law for North Carolina on
Q: My contractor did not get a building inspection. Is he liable for construction failure?

I hired a contractor to build a sea wall, including taking care of all permits. He got the necessary permits but never had an inspection. The Sea Wall is now failing, and he has not taken responsibility. I only discovered the lack of inspection after obtaining a building permit to have a boat lift... View More

0 Answers | Asked in Real Estate Law for North Carolina on
Q: my boyfriend and I separated two years ago myself and our children still live in the home that is in his name.

The house is in his name and it also sits on a piece of his land. The mortgage and land is not connected.

Wat rights do I have

0 Answers | Asked in Domestic Violence and Family Law for North Carolina on
Q: I am looking for help and information regarding my options for escalating abuse.

I would like to know the potential of a restraining order or something similar against someone. This would be information about my options for ongoing and escalating verbal and emotional abuse, with threats of physical violence. I'm in a very tight position where housing and money are... View More

1 Answer | Asked in Tax Law for North Carolina on
Q: If a farmer (corporation) conserves it’s agricultural property

If a farmer (corporation) conserves it’s agricultural property and receives 50% as a cash grant and 50% as a donation assuming the grant proceeds far exceed farming income, and there is no other non-farm income, does the receipt of the grant disqualify the IRS farmer status?

In essence -... View More

James L. Arrasmith
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answered on Sep 14, 2024

When a farmer, organized as a corporation, conserves its agricultural property and receives a grant that exceeds farming income, the status of "farmer" for IRS purposes can be affected. The IRS defines a "farmer" based on the majority of the income coming from farming... View More

0 Answers | Asked in Family Law for North Carolina on
Q: This is a question about family law, specifically the role an elementary school should play in enforcing a custody order

I have a high conflict relationship with the mother of my eight year old son. The school principal has read our custody order and Is now attempting to mediate and enforce his interpretation of our custody order. His position is that the school is “required” to do this. For example he wants to... View More

0 Answers | Asked in Real Estate Law for North Carolina on
Q: Does a business expired lease revert to a one year lease after expiration? We are in North Carolina

We have a small restaurant in a small shopping plaza. We signed a one year lease in 2022. The shopping plaza owner passed away in Dec. 2023. Our lease expired the same month. The owners son inherited the shopping plaza and immediately sold it. We were not aware it was for sale until just before it... View More

1 Answer | Asked in Child Custody, Civil Rights and Family Law for North Carolina on
Q: How can I legally live apart from my parents at 17? And, if not, can the police make me go back?

My parents used to not let me out of the house at all if I had a grade below a 90, they would also take my phone. This may not seem bad, but it led to me being very depressed and suicidal since I couldn't make friends, and I was studying from when I woke up until I went to bed, while watching... View More

James L. Arrasmith
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answered on Sep 12, 2024

Living apart from your parents at 17 in North Carolina without their consent can be challenging. Generally, until you turn 18, your parents are legally responsible for you. This means that if you leave home without permission, your parents could involve the police, who might bring you back if they... View More

0 Answers | Asked in Real Estate Law and Land Use & Zoning for North Carolina on
Q: Does my property have legal access to a existing soil road mentioned in our deed?

My family owns a tract of land that was landlocked. We bought an easement from the property owner next to us to connect to the mainroad. However, in addition to this access I found a statement in our property's deed that mentioned joint use of an existing soil road. This soil road is mentioned... View More

1 Answer | Asked in Bankruptcy for North Carolina on
Q: I need help with filling Bankruptcy please.

Sorry y for the overwhelming amount of info. I do really feel this is the best alternative for Me at this point. I do hope there is an attorney there who can help me. Because it's very hard for me to ask for help in the first place but this is for my family.

James L. Arrasmith
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answered on Sep 11, 2024

Filing for bankruptcy can feel overwhelming, but it's a step that many take to regain control of their financial situation. It’s important to remember that you are not alone in this process, and reaching out for help is a strong and positive action for both you and your family. There are... View More

1 Answer | Asked in Civil Rights for North Carolina on
Q: civil court for breach of contract estate mater, denied legal council, put out home. Turns i owned home 4 years.
James L. Arrasmith
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answered on Sep 11, 2024

If you have been denied legal counsel in a civil court matter involving a breach of contract related to your estate and have been put out of your home, it's crucial to act quickly to protect your rights. You mentioned discovering that you owned the home for four years. This could be an... View More

0 Answers | Asked in Criminal Law for North Carolina on
Q: County of probation made fines a civil judgment but originating county of conviction was not informed.

I was convicted in Hoke county but transferred to Cumberland for probation. At probation violations hearing for non-payment judge terminated my probation early and deemed my fines a civil judgment even after the D.A. and the probation officer said they did not have a problem with my money is being... View More

0 Answers | Asked in Divorce for North Carolina on
Q: Kids Visitation Court Order

"I'm a U.S. citizen, and I was married to a Canadian. We lived together in Georgia for five years, but we divorced last year. My ex-wife moved back to Montreal with our two children (ages 2 and 4), and she has full custody. I have court-ordered visitation from the Georgia state court,... View More

0 Answers | Asked in Real Estate Law for North Carolina on
Q: I have a real estate question regarding the family home.

My dad and grandmother are on the deed, both are dead, he was married at the time of his death, I am his only daughter and his wife died yesterday, she has no kids. There are no wills. How can I gain ownership of our home.

Per this code: Unlike South Carolina and many other states, real... View More

1 Answer | Asked in Constitutional Law for North Carolina on
Q: I need to know more about my strawman and being a sovereign citizen. Aka my natural born God given rights.
James L. Arrasmith
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answered on Sep 12, 2024

When people talk about a "strawman" in the context of sovereign citizen beliefs, they often refer to the idea that a separate legal entity or "corporate version" of yourself is created by the government at birth. This belief holds that this entity is connected to your birth... View More

1 Answer | Asked in Uncategorized for North Carolina on
Q: Can an urn be exhumed and reburied in a family plot cemetery?

Living relatives have located parent urn want to relocate it to the family burial cemetery.

James L. Arrasmith
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answered on Sep 11, 2024

Yes, an urn can generally be exhumed and reburied in a family plot cemetery, but the process involves several steps and considerations. You will need to check with the cemetery where the urn is currently located, as well as the cemetery where you want to move it. Both places may have specific... View More

0 Answers | Asked in Domestic Violence for North Carolina on
Q: When can verbal abuse get to the point where we can charge for domestic violence?

my step grandfather belittles and puts down my mother every single day, lots of name calling, scares her, talks bad about my ten year old sister too. Calls them a joke, worthless, incapable. It is an every. Day. Thing. It’s very obvious he wants to exert control over everyone and scare my mother... View More

2 Answers | Asked in Estate Planning for North Carolina on
Q: Can heirs property, (Children received equal ownership) be willed to a non heir or entity by an heir?

Grandfather left a Will giving 190 acres to his 10 children, equally.

A daughter who had a 20% interest (+10% acquired from as gift from her sis) willed

her 20% to a Church. Does the fact of the Church not being an “Heir” have any bearing or relevance?

Can “True”... View More

Shane T. Johnson
Shane T. Johnson
answered on Sep 9, 2024

The sister can give whatever interest she has, at her death, to whomever she would like.

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