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North Carolina Questions & Answers
1 Answer | Asked in Contracts and Internet Law for North Carolina on
Q: A roofer we used has videos of our home all over social media! Contract for job does not mention this. Legal or not?

Using our home in advertising is not in contract, nor did we give verbal permission for this. Also, we were not happy with the job, and are still having problems being remediated. We do not want our home to be affiliated with this company in any way. Can we demand this footage be taken down?

James L. Arrasmith
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answered on Aug 31, 2024

You have the right to be concerned about the unauthorized use of your property in the roofer's advertising. Generally, if your contract does not include a clause allowing the company to use images or videos of your home for marketing purposes, and you did not give explicit verbal permission,... View More

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Is my property protected from seizure by Medicaid or any other threat?

I purchased a home 1990. Granted my mother life rights 1992.

The specific wording on the North Carolina Warranty Deed is:

“GRANTORS convey to GRANTEE a Life Estate in the tract herein described.”

There are no liens on the property and no disputes.

Anthony M. Avery
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answered on Aug 21, 2024

You as the remainderman will probably be alright. But if the Government wants to lease it for the rest of her life, it is possible you will be out of possession for awhile. If so, you will have to sue for possession, ejectment, etc. at her death. Hire a NC attorney to consult with, but there... View More

1 Answer | Asked in Uncategorized for North Carolina on
Q: My 16 year old wants to move out her dad house to my house we live in North Carolina can she legally leave her dad house
James L. Arrasmith
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answered on Sep 18, 2024

In North Carolina, the legal age of emancipation is 18, which means that until your daughter reaches that age, her living arrangements are generally decided by the custody agreement between you and her father. If the custody order designates her father as the primary custodian, she cannot move... View More

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: Does an ex-girlfriend have standing to claim her deceased ex-boyfriend's estate? (Georgia, USA)

There is a lot of information to write down. The situation in short is my family member is dead. His girlfriend broke up with him, according to a documented police report & body cam footage, the night he died in an accident. She now provides a Living Will (Not Will & last testament) printed... View More

Anthony M. Avery
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answered on Aug 16, 2024

No claim to estate assets as either a spouse, will beneficiary nor heir. However Decedent's relatives need to hire a GA attorney to start a Probate if there are any decent assets. Quickly... If GF was on a Banking Account, then it will be cleaned out and not an Estate Asset.

1 Answer | Asked in Criminal Law, DUI / DWI, Civil Rights and Health Care Law for North Carolina on
Q: I am trying to help an incarcerated loved one with court-order rehabilitation; process for Power of Attorney?

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James L. Arrasmith
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answered on Sep 1, 2024

To help an incarcerated loved one with court-ordered rehabilitation, you’ll need to establish Power of Attorney (POA) to manage their legal, financial, or medical matters. Start by discussing with your loved one the specific powers they want to grant. This can be for general matters or specific... View More

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for North Carolina on
Q: Is it illegal for a spouse to place a tracking device on a vehicle that is marital property?

A vehicle purchased via loan by Spouse B during a marriage, with loan payments made from Spouse B's own account where their income is deposited (marital funds), titled in Spouse B's name only.

NCGS § 50-20(b)(1) classifies the vehicle as marital property, making Spouse A an owner... View More

Brian King
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answered on Aug 19, 2024

Parties who are considering tracking their spouses’ movements can refer to North Carolina General Statute §14-196.3(b)(5). This statute both defines the state’s understanding of an electronic device and notes that to install such a device, the installer must have their name on the affiliated... View More

1 Answer | Asked in Criminal Law and Federal Crimes for North Carolina on
Q: Is there a time limit for felony charge court dates that are moved to Superior Court?
James L. Arrasmith
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answered on Sep 7, 2024

When felony charges are moved to Superior Court, there are specific time limits that the court must follow. Typically, after a preliminary hearing in a lower court where a judge finds probable cause, the case is "bound over" or transferred to Superior Court for further proceedings. At... View More

1 Answer | Asked in Medical Malpractice for North Carolina on
Q: what lawyer do i need if the doctor didnt remove everything that was supposed to be removed

Had to have a major surgery after to remove the rest and ended up being a hysterectomy

Joel Gary Selik
Joel Gary Selik
answered on Sep 7, 2024

It would be a medical malpractice attorney.

The viability of a case will depend on what was left, the reasons for it, and what harm was caused.

1 Answer | Asked in Civil Rights for North Carolina on
Q: When stopped in my car by a cop, must I roll my window all the way down?

When asked for my license when driving, must I LITERALLY HAND OVER my license or can I show is up against the window?

James L. Arrasmith
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answered on Aug 31, 2024

When you're pulled over by the police, it's generally recommended to roll your window down enough to communicate clearly with the officer. While there’s no law that requires you to roll your window all the way down, doing so can help avoid escalating the situation. Most officers expect... View More

1 Answer | Asked in Civil Litigation and Civil Rights for North Carolina on
Q: What happens if a lienholder steals a car back (without activating the lien) and refuses to repay the money?

The total price of the vehicle was 1600$ The lienholder was paid 1300$ at the time the title was exchanged. The lien was for 300$ the lienholder refused to accept the 300$ twice. Also, the police helped the lienholder steal the vehicle. They refused to run the tags and refused to look at... View More

James L. Arrasmith
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answered on Aug 31, 2024

It sounds like you’re dealing with a serious and frustrating situation. When a lienholder takes a vehicle without activating the lien and refuses to return the money owed, it could be considered theft or an illegal repossession. The fact that the police refused to assist you in verifying... View More

2 Answers | Asked in Immigration Law for North Carolina on
Q: I want to marry my US partner on an ESTA, then go back to my home country to finish school. Is this ok?

We've been dating almost 3.5 years, and would like to marry to make immigration go smoother. I plan to marry my partner on an up coming trip. After this, I will go back to the Netherlands to finish my study, then apply for an Immigrant visa for a spouse. We want to make sure just an ESTA will... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Aug 14, 2024

Yes you can enter the US on ESTA , get married to your US Citizen spouse, return to the Netherlands and be sponsored by her for your spousal visa. Consider working with counsel. Some of us charge a very affordable flat fee to handle the case from start to finish.

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1 Answer | Asked in Criminal Law, Federal Crimes and Juvenile Law for North Carolina on
Q: age of consent in NC. i was texting somone i thought was 21 online and turned out to be a 16 year old girl. im 25.

I'm 25 and i was on an online dating app. i starting texting a girl i thought was 21 because her profile said so, i shared explicit images with her and receive a phone call from her parents threatening legal action. turns out she is 16. google said the age of consent in North Carolina is 16. I... View More

James L. Arrasmith
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answered on Sep 7, 2024

It sounds like you're in a concerning situation, and it's understandable to feel worried. In North Carolina, while the age of consent is 16, there can still be legal consequences for sharing explicit images, especially if the person involved is a minor. The laws surrounding this can be... View More

1 Answer | Asked in Criminal Law and Civil Rights for North Carolina on
Q: My boyfriend is currently incarcerated. He believes he has a case due to the use of excessive force. What should we do?
James L. Arrasmith
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answered on Aug 31, 2024

First, it's important to gather as much evidence as possible regarding the incident where excessive force was used. This could include medical records, photographs of injuries, witness statements, or any video footage that may exist. Documentation is key in building a strong case.... View More

1 Answer | Asked in Consumer Law and Tax Law for North Carolina on
Q: I was going to finance a vehicle from the dealership. We did not finalize the loan. Can I get a refund on my down paymen

The car was stolen. I put a report out on my insurance company because I had insurance on the vehicle is at a total loss now since we did not finalize the loan the fees that I paid included with the down payment they did not send to the DMV can I get a refund on my down payment in those fees

James L. Arrasmith
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answered on Aug 10, 2024

You may be able to get a refund on your down payment and fees, but it will depend on the specific terms of the agreement you had with the dealership. If the loan was not finalized and the dealership did not process the paperwork with the DMV, you have a valid reason to request a refund. It’s... View More

1 Answer | Asked in Civil Litigation and Health Care Law for North Carolina on
Q: Can hospitals be held liable for honoring a bogus hcpoa? One that any reasonable person would know to be suspicious?
Tim Akpinar
Tim Akpinar
answered on Aug 22, 2024

A North Carolina attorney could answer best, but your question remains open for two weeks. It could depend on what damages were incurred as a result of improperly honoring the POA. It would be fact-specific. It could also be a jury's call as to what a "reasonable person" standard... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for North Carolina on
Q: What can I do If my appealet Attorney has placed me in procedure default by refusing to raise issues preserved by court

My attorney has refused to raise the issues of fourth amendment violation illegal warrentless search of a lock box safe. Fourth, amendment violation of deputies prolonging investigated stop without probable to conduct dog sniff, sixth amendment violations confrontational clause due process... View More

James L. Arrasmith
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answered on Aug 5, 2024

It sounds like you’re facing a challenging situation with your appellate attorney. If your attorney is not raising the issues you believe are critical to your case, you might consider addressing this directly with her first. Schedule a meeting to discuss your concerns and provide her with the... View More

1 Answer | Asked in Traffic Tickets for North Carolina on
Q: What proof do i need to bring to traffic court if i replaced the part myself because it was cheaper than a mechanic?
Tim Akpinar
Tim Akpinar
answered on Aug 16, 2024

A North Carolina attorney could advise best, but your question remains open for two weeks. Until you are able to consult with a local attorney for specific guidance, in many jurisdictions, a receipt could be offered together with the standard form or affidavit that the deficiency has been remedied.... View More

1 Answer | Asked in Immigration Law for North Carolina on
Q: H1B applicant, priority date oct 2017 diagnosed with rare disease, what is the pathway to permanent residence

has a son -US born -diagnosed with Autism-12 yrs

James L. Arrasmith
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answered on Aug 5, 2024

If you have an H1B visa and your priority date is October 2017, you may explore several pathways to permanent residence. Given your diagnosis with a rare disease, you might consider applying for a National Interest Waiver (NIW) if your work is of substantial merit and national importance. This... View More

1 Answer | Asked in Car Accidents and Civil Litigation for North Carolina on
Q: I was driving past a public golf course on a public road. Someone hit my car with a golf ball and they admitted to it.

are they liable if they admit to “skulling” it. i have his info and filed a police report.

Tim Akpinar
Tim Akpinar
answered on Aug 12, 2024

A North Carolina attorney could advise best, but your question remains open for over a week. If they admitted to hitting the ball, and don't dispute the possibility of a ball from other golfers being the culprit, then it would seem likely. Good luck

1 Answer | Asked in Immigration Law for North Carolina on
Q: I am a J2 Dependent (spouse a J1 visa holder) and our child is a citizen. After a visa waiver, can we remain legally?

My spouse is currently on a work exchange program and our desire is to remain here.

James L. Arrasmith
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answered on Aug 1, 2024

To remain legally in the United States after your J1 and J2 visas expire, you need to explore options for extending your stay or changing your status. One possible route is to apply for an extension of the J1 and J2 visas, if your spouse’s exchange program allows for an extension.

Another...
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