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North Carolina Questions & Answers
0 Answers | Asked in Probate for North Carolina on
Q: What to do if we cannot find an heir for a decedent who died intestate in NC?

Decedent was 26YO, unmarried, no children, survived by mother and father. The father has been estranged for the decedent's whole life and the mother (administering the small estate) does not know how to contact him.

1 Answer | Asked in Uncategorized for North Carolina on
Q: Was paying $1080 for two children and now paying the same for one and income is the same shouldn’t it go down by half?
James L. Arrasmith
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answered on Jan 6, 2025

I understand why you’d expect your payment to decrease when the number of children changes. Typically, costs associated with each child are calculated individually, so reducing the number of dependents should reflect in your payments.

However, there might be factors affecting this...
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1 Answer | Asked in Uncategorized for North Carolina on
Q: If somebody called the police and made a statement saying there going to press charges for assault

Police came they made a report

Is that all they need to do to press charges?? or they would have to go downtown and take further action zip code 28212

James L. Arrasmith
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answered on Jan 6, 2025

When you report an assault to the police, they will create an official report based on your statement. This report is the foundation for any charges that might be filed against the accused. However, filing the report alone doesn't automatically result in charges being pressed.

The case...
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0 Answers | Asked in Criminal Law for North Carolina on
Q: Open Door Late at Night Doesn’t Justify Entry into Home

Can officers search a home if a motorist calls 911 after spotting a door open and there are no urgent circumstances or reasonable suspicion that a crime has been committed, such as a burglary?

0 Answers | Asked in Education Law for North Carolina on
Q: When does the "no parent permission" needed for communication end under FERPA?

My daughter has an IEP. She is not have a good experience with her new school. Found out, the district has a poor history with students with disabilities. The long story short, is the assistant superintendent "took over" the IEP. We know she is not the "team" but she started... View More

0 Answers | Asked in Real Estate Law for North Carolina on
Q: We need a lawyer who can submit an appeal for part of Durham County taxes from 1991 (they have an incorrect sq footage

We bought our house in 1991. The County of Durham listed the living area of the house as 4117 square feet. Recently, we applied for a reverse mortgage on the house; at that time, the appraisal indicated that the living space in our house was 3355 square feet. In other words, we have been paying... View More

0 Answers | Asked in Animal / Dog Law and Car Accidents for North Carolina on
Q: If someone came into me home and stole my dog while I was home is it a crime in North Carolina?

I had to chase them up the gravel rush by my house and bump into their car with my truck to make them stop, and I got my dog back but they had me charged with vehicular assault. Shouldn't it be justified? If I'd have taken time to call the police, it wouldn't taken then approx. An... View More

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for North Carolina on
Q: The question is, do they have any grounds for him to change his mind? - also he is mentally sound just not physically

My grandmother passed away and had a notarized will leaving everything to me. My grandfather is in a nursing home and is aware of the will and the reasoning behind it. He agreed to deed the house to me, we had the same notary come to the nursing home with all necessary paperwork and he signed. The... View More

Anthony M. Avery
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answered on Dec 30, 2024

There may be grounds to set aside the Deed but you probably will not know until sued. Was GM's Will probated? If not, it means nothing. Hire a NC to search the title and determine the present estate, which will be scrutinized if you are sued. Do not hire notaries to draft deeds.

0 Answers | Asked in Real Estate Law for North Carolina on
Q: The question is, do they have any grounds for him to change his mind? - also he is mentally sound just not physically

My grandmother passed away and had a notarized will leaving everything to me. My grandfather is in a nursing home and is aware of the will and the reasoning behind it. He agreed to deed the house to me, we had the same notary come to the nursing home with all necessary paperwork and he signed. The... View More

0 Answers | Asked in Family Law, Child Custody and Child Support for North Carolina on
Q: What right do I have to my kids

I pay child support but I’m not allowed to see my children what are my options…

I pay too much in child support a month what can I do to fix it… I have other living expenses

3 Answers | Asked in Consumer Law and Bankruptcy for North Carolina on
Q: I put up a title for a loan, but the title was sent back to me by mistake, what could the title company do ?

The DMV told me that the tiitle was satisfied which means it has no lien on it, I am having some financial difficulties , what actions could they take ?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Dec 27, 2024

I've had cases where such a lender goes to non-bankruptcy court with a plea of either unilateral or mutual mistake, and gets the title back by court order, but no damages award.

You don't state the value of the auto. If your fiscal problems are serious, speak to an experienced...
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1 Answer | Asked in Civil Rights and Intellectual Property for North Carolina on
Q: If your being pulled over and you pull onto private property can the police still tow your car?
James L. Arrasmith
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answered on Dec 26, 2024

When you're pulled over by law enforcement, pulling onto private property doesn't prevent them from having legal authority to tow your vehicle. The police maintain jurisdiction to enforce traffic laws and vehicle codes regardless of whether you're on public or private property.... View More

0 Answers | Asked in Criminal Law for North Carolina on
Q: I was convicted of sex crimes in 1988 against my wife. I was not required to be on the sex registry.

In 2011 I was required to and told I had to or go to prison is this legal??

0 Answers | Asked in Personal Injury for North Carolina on
Q: Do I have a false arrest lawsuit? My ex was in custody for 2 days fir a fta out of another county on felony drug charges

He says he was bonded out. Then he came to my house and left. We both have active protective orders. He text said he was coming back but had to get some clothes for work the next day.Vinelink notification States he was back in custody at 11 37pm. He messaged me at 1140pm saying he was otw to my... View More

0 Answers | Asked in Criminal Law for North Carolina on
Q: I was assaulted and robbed by a man who was later ordered by a judge to pay me $10,000 as a condition of probation.

It's been a couple of years now, and he has paid me nothing. Is there any way to make him pay?

1 Answer | Asked in Constitutional Law for North Carolina on
Q: Can police search you looking for something then charge you

You haven't been arrested when they search you

James L. Arrasmith
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answered on Dec 30, 2024

Yes, police can search you without arresting you in certain situations. If an officer has reasonable suspicion that you are involved in a crime, they may conduct a stop and frisk. This type of search is limited to what is necessary for officer safety.

Additionally, if you give consent to...
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