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4 Answers | Asked in Bankruptcy, Consumer Law, Estate Planning and Family Law for North Carolina on
Q: Am I responsible for my wife's CC liability when she passes? South Carolina
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jun 19, 2024

You should have no direct legal liability for debts in your wife's name alone, but assuming that you are a beneficiary of her estate, to the extent that there are assets in her name, those estate debts must be paid before you receive any distribution from her estate.

Confer with...
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1 Answer | Asked in Real Estate Law for North Carolina on
Q: My three siblings and I each own 25% of my mother’s house since her passing in 2/24. Can they kick me out?

I have lived in in the house for 11 years, six of those caretaking my mother who had dementia before she passed.

Anthony M. Avery
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answered on Jun 18, 2024

Hire a competent NC attorney to search the title, determine heirship, and draft an Affidavit of Heirship to record. The heirs are tenants in common and each have a right of possession.

1 Answer | Asked in Probate for North Carolina on
Q: My homeless brother was found dead in OK. I live in NC. Since he had no assets is probate required? He has a bank acct

Ally bank says according to OK laws, probate is required but from what I've been told, it's not necessary here in NC. He had no fixed residence- his address on the death cert says "transient", which the bank has a copy of. Ally won't allow me to close out his account, even... View More

Nina Whitehurst
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answered on Jun 18, 2024

If the value of the account is less than $50,000 you should be able to collect it using a small estate affidavit. The bank might even have their own form for that. If they don't a probate attorney in Oklahoma can help you with that.

1 Answer | Asked in Immigration Law and Small Claims for North Carolina on
Q: Necesito ayuda para recuperar un dinero de FIANZA como haria si no tengo ningun documento exepto el recibo bancario?
James L. Arrasmith
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answered on Jun 16, 2024

Aquí hay algunos pasos que puede seguir para tratar de recuperar el dinero de la fianza sin tener más documentación que el recibo bancario:

1. Comuníquese con el tribunal donde se pagó la fianza. Explique su situación y pregunte qué documentación necesitaría para procesar la...
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1 Answer | Asked in Military Law and Employment Law for North Carolina on
Q: Am I protected under EEO as a Member of the National Guard or as a veteran

I have been denied vacation time 2x. Other employees are receiving their vacation time . I reported being singled out and said I was filing a complaint. That I no longer wished to be under my current supervisors. They moved me to another correctional facility under what feels like retaliation.

Brandon L Newberry
Brandon L Newberry
answered on Jun 20, 2024

Yes, as a member of the National Guard or a veteran, you are protected under Equal Employment Opportunity (EEO) laws. Two key federal laws provide these protections:

The Uniformed Services Employment and Reemployment Rights Act (USERRA):

USERRA prohibits civilian employers from...
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1 Answer | Asked in Criminal Law and Civil Rights for North Carolina on
Q: What is 9097 code In court
James L. Arrasmith
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answered on Jun 15, 2024

The code "9097" in court typically refers to a specific case or citation code used within the North Carolina court system. It is important to understand that these codes can vary and are often used for internal tracking and classification of cases. If you've encountered this code on... View More

2 Answers | Asked in Civil Litigation, Real Estate Law and Civil Rights for North Carolina on
Q: Me and ex girlfriend on deed of house. Bout to sell and she wants 50 percent profit

Me and my ex girlfriend bought a house together bout 4 years ago. We split up after 4 months. I'm the only one on mortgage and we're both on the deed. I have been paying all the bills including property tax. I have completely remodeled the house and looking to make money on it but I was... View More

Ben Corcoran
Ben Corcoran
answered on Jun 13, 2024

You have a very strong case and it would be worth paying a lawyer to get a judgment against her interest in the house before selling. But it would be simplest to get a signed agreement from her that she will only take a lesser amount.

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1 Answer | Asked in Copyright, Intellectual Property and Trademark for North Carolina on
Q: I see that the name Sincity deciples has been abandon. What would need to be done to reclaim it.
James L. Arrasmith
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answered on Jun 14, 2024

Reclaiming the name "Sincity Deciples" involves a few steps to ensure you can legally use it. First, check with the U.S. Patent and Trademark Office (USPTO) to see if the name is currently trademarked. If it has been abandoned, you may be able to file a new trademark application for it.... View More

1 Answer | Asked in Gov & Administrative Law, Business Formation and Business Law for North Carolina on
Q: If I am a resident of North Carolina, would I be able to start an LLC in New York or any other state?

Are there certain things I need to be aware of or do? I have a business now in NC but would like to start a new one and also register the same (thats operated in North Carolina) one in New York and Florida if possible.

Jennifer Newton
Jennifer Newton
answered on Jun 12, 2024

As a resident of North Carolina, you can start an LLC in New York or any other state, but there are several considerations and steps to be aware of. First, you can form your LLC in any state, but you should consider the legal and tax implications; states like Delaware and Nevada are popular due to... View More

1 Answer | Asked in Civil Rights and Constitutional Law for North Carolina on
Q: How can I be arrested for fleeing to allude when a police never got behind me with blue lights
James L. Arrasmith
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answered on Jun 15, 2024

If you were arrested for fleeing to elude but the police never activated their blue lights behind you, it might seem confusing. Typically, fleeing to elude involves a clear indication from law enforcement, such as flashing lights or a siren, signaling you to stop.

However, there could be...
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1 Answer | Asked in Criminal Law and Civil Rights for North Carolina on
Q: How can I be arrested for fleeing to alluded when an policeman never got behind me with blue lights
James L. Arrasmith
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answered on Jun 21, 2024

To properly address this question, I'll need to clarify a few points and provide some general information about the law in North Carolina regarding fleeing from police:

1. Terminology correction: The offense is typically called "fleeing to elude," not "fleeing to...
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1 Answer | Asked in Business Law and Contracts for North Carolina on
Q: I sell solar and management is really bad and I want to leave but still make sure I’m getting properly paid for my deals

15. Term and Termination. This Agreement takes effect immediately as of the Effective Date, and remains in full force and effect until the Contractor has completed the Services (the "Term"), unless earlier terminated under this Section

This Agreement may be terminated by either... View More

Ben Corcoran
Ben Corcoran
answered on Jun 13, 2024

You will have to speak with an employment lawyer and show them your full employment contract; any advice based on one clause of a contract is all but useless.

1 Answer | Asked in Real Estate Law, Animal / Dog Law and Civil Rights for North Carolina on
Q: My neighbors are renters and they have three dogs outside that are always barking anytime I'm in my yard.

Also one of them comes on to my property to attack my dogs threw my fence, which is 25 feet from my property line. I've talked to them and nothing has changed and the police haven't done anything also..Is there a way to sue them or the homeowners to put up a fence at the property line?

James L. Arrasmith
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answered on Jun 21, 2024

I understand you're dealing with a frustrating situation with your neighbors' dogs. Let me break down the legal aspects of your question:

1. Barking dogs:

Excessive dog barking can often be considered a nuisance under local noise ordinances. Since you've already...
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1 Answer | Asked in Probate for North Carolina on
Q: Q: Can you move into a deceased home before probate
Ben Corcoran
Ben Corcoran
answered on Jun 11, 2024

In NC, real estate passes outside of probate unless it is needed to pay the estate's debts. Without seeing the estate, I cannot tell who owns the property, but if you are an heir, you can move in. Just know that the other heirs have equal rights to the property.

1 Answer | Asked in Probate for North Carolina on
Q: My father passed. Executor aunt has a will from 1991. I found a will from 2000. Does my will invalidate hers?

Also, in the 1991 will, my executor aunt is also a beneficiary. In the 2000 will, she isn't even mentioned. What can I do?

Nina Whitehurst
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answered on Jun 10, 2024

You should hire a probate attorney in the state where your dad most recently lived and petition the court to admit the 2000 will to probate.

1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Constitutional Law for North Carolina on
Q: False charges added later, wouldn’t those charges had been on my citation of what I was charged with?

Greetings, I was beaten by multiple officers, kicked in the face and bitten, had to receive tetanus shot. On my citation of what I was charged with I have traffic violations when I got to jail they charged me with multiple drug charges and assault on officer which isn’t true. Wouldn’t those... View More

James L. Arrasmith
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answered on Jun 10, 2024

I'm really sorry to hear about your situation. When you are initially cited, the charges listed on the citation are typically what you are being formally charged with at that time. If additional charges, such as drug charges or assault on an officer, were added later, they should still have... View More

1 Answer | Asked in Divorce, Internet Law and Family Law for North Carolina on
Q: After signing a legal separation, how long does it take for an absolute divorce in NC? and can this be done online?

Both parties heave signed and notarized the separation agreement and have been separated for 2 years.

James L. Arrasmith
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answered on Jun 8, 2024

In North Carolina, once a couple has been legally separated for at least one year and one day, either party can file for an absolute divorce. The one-year separation period begins from the date the separation agreement is signed and notarized, or from the date the couple physically separates,... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for North Carolina on
Q: I'm wanting to know the penalties behind FSA (Flexible Spending Account) fraud?

And I know it may seem obnoxious but I was truly unaware. I submit receipts for Massage Therapy reimbursement through my FSA plan & I'm paid. I recently found out my medical insurance covers massage therapy & so I submitted a claim there for reimbursement & it was approved. My... View More

James L. Arrasmith
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answered on Jun 21, 2024

This situation involves potential fraud related to Flexible Spending Accounts (FSAs) and health insurance claims. Here's an overview of the legal implications and potential penalties:

1. FSA and Insurance Fraud:

What you've described could be considered fraud against both...
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2 Answers | Asked in Civil Litigation, Bankruptcy and Collections for North Carolina on
Q: Someone in the family was in a fight with another person. That person may sue. What can we do to protect our money?
Tim Akpinar
Tim Akpinar
answered on Jun 10, 2024

A North Carolina attorney could advise best, but you posted a week ago. Product liability (your chosen category) attorneys don't usually get involved in the issues you describe. You'd probably want to speak with attorneys who work with asset protection, collection defense, or bankruptcy,... View More

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1 Answer | Asked in Criminal Law, DUI / DWI and Native American Law for North Carolina on
Q: MY SON IS GOING TO COURT FOR HIS 2ND PROBATION VIOLATION IN NC. DO U KNOW THE AMOUNT OTF TIME THAT ENTAILS. HIS FIRST

VIOLATION HE RECIEVED 3 DAYS. THE CODE FOR HIS CHARGE IS 5083 15A-1345. HE HAS ANOTHER CHARGE IN CHEROKEE NC ON TRIBAL LANDS HE HAS 2 DUI CHARGES THERE AND ONE OF THEM THAT HE WAS CHARGED WITH HE WAS OUTSIDE THE VEHICLE WHEN THER OFFICER ARRIVED AND HE GOT CHARGED ANYWAY. ANY ADVICE IN THIS... View More

John D. Pritchard
John D. Pritchard
answered on Jun 7, 2024

If your son's probation violation is for absconding (running away and not allowing himself to be supervised) or for committing a new crime, it is possible his entire sentence could be activated and he would have to serve it. If it is for anything else (not paying money, positive drug tests,... View More

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