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North Carolina Questions & Answers
1 Answer | Asked in Tax Law for North Carolina on
Q: my girlfriend is with the Marines in syria and asked me to login to her account and withdraw 200,000 from her bank accou

account and send it to a delivery company to deliver it to me to hold in cash for her is this legal?

James L. Arrasmith
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answered on Oct 3, 2024

This situation raises several red flags and could potentially be illegal or fraudulent. If someone is asking you to withdraw a large sum of money from their account and send it to a delivery company, it could be a scam. Even if this person is someone you trust, there are laws and regulations in... View More

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Legal Malpractice for North Carolina on
Q: If I were to fire my court appointed attorney in NC are they required to assign me a new one? If so what is the process?

My court appointed attorney lacks communication, won’t file a motion for a bond reduction hearing no matter how often I request it, won’t take into consideration valuable information/evidence that I have pertaining to my case and has tried to push me towards taking a plea that i don’t want to... View More

James L. Arrasmith
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answered on Oct 2, 2024

In North Carolina, you have the right to request a different court-appointed attorney if you believe your current one is not adequately representing you. To initiate this process, you should first communicate your concerns clearly to your attorney in writing, detailing the specific issues you’re... View More

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Neighbor stopped sale of our home claiming it is on her property. We have a surveyor coming to survey property

Can we claim rights to part of property we have kept up if in fact it is on her land? Can we sue for cost of having to take house off market?

Anthony M. Avery
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answered on Oct 2, 2024

Hire a NC attorney to search both titles. Hire Surveyor to give his opinion of boundary line corners. Then you may need to file a Boundary Dispute action unless you and the other landowner can agree to a recorded boundary agreement. It does not sound like damages can be sought.

1 Answer | Asked in Family Law for North Carolina on
Q: In NC does signing a parenting agreement with a non biological family member automatically take away your parental right

The first hearing for temporary custody lawsuit I signed a little paper saying 'Parenting Agreement' in which their lawyer presented as a minimum visitation schedule (which was more than it had been) and twice weekly telephone calls, including allowing them temporary custody. I assumed... View More

Anna Farmer
Anna Farmer
answered on Oct 15, 2024

In North Carolina, only parents have a right to custody of their children. This means that if a non-parent goes to court to get custody of your child, the judge will give the parent priority. However, the judge may give custody rights to the non-parent if the judge decides you are unfit or not... View More

1 Answer | Asked in Real Estate Law and Small Claims for North Carolina on
Q: Hi, can i get a temp accommodation while my builder is fixing a water leak under warranty on a new home i bought

Hi, i bought a new house from a builder, after 2 months we noticed there was a leak in the kitchen with no visible signs from day one, which caused significant damage to the home( upto the floor joist, sub floor with mold all over ) so while they were fixing we moved out and rented a temp... View More

Tim Akpinar
Tim Akpinar
answered on Oct 16, 2024

A North Carolina attorney could advise best, but your question remains open for almost a month. It could depend on what the warranty outlines in its protections and remedies, and an impartial opinion as to the hazard presented by the water damage. An option that might be worth exploring is whether... View More

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Greetings, My mother 98yrs. is the only survivor of the siblings. Her deceased mother, was the owner of the land. There

are no will or papers for the land in Yauco, P.R however, there is only a document signed by lawyer with my moms signature on it. My mother currently lives in NYC. Can she still claim the land as the only heir?

Anthony M. Avery
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answered on Sep 24, 2024

You will need to hire a PR attorney. Start checking with those here on Justia.

1 Answer | Asked in Civil Rights, Constitutional Law and Entertainment / Sports for North Carolina on
Q: Social media and TV head filmed a TV show and documentary about me and this girl in Florida in 1996 the murder happened

And she premeditated it to make it look like I did it her and this guy anyways it went through two trials I was on the state attorney's side because they know I didn't do it and in 2007 I just seemed like two or three weeks ago that she made a documentary and then made TV shows about it... View More

James L. Arrasmith
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answered on Sep 24, 2024

It sounds like you’re dealing with a difficult and complicated situation. If someone has created a documentary or TV show about an event that involved you, especially one as serious as a murder case, they may have needed your consent depending on how they portrayed you and whether they used your... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Entertainment / Sports for North Carolina on
Q: There was a murder in 1996 in Florida and it and it involved me my best friend and her friend her and her premeditated a

Murder and and made it look like I did it there was two trials I was on the state attorney side because they know I was innocent but anyways they made a TV show and a documentary in 2007 and I'm just learning about this 3 weeks ago they use my name day so bad things about me and everything... View More

James L. Arrasmith
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answered on Sep 24, 2024

It sounds like a really difficult and upsetting situation. If they used your name, image, and made false statements about you without your permission, you may have legal options available. Defamation and invasion of privacy are potential legal claims you could explore, especially if the content... View More

1 Answer | Asked in Employment Law for North Carolina on
Q: Can my boss call a mandatory employee meeting, have everyone clock in then make them shave that hour off another day?

They are making us come in later then our normal schedule is to make up for that hour we spent in the meeting. Dont want overtime

Kirton M. Madison
Kirton M. Madison
answered on Sep 22, 2024

Your employer can adjust your schedule unless you have a contract stating otherwise. It appears your employer is paying you for all hours worked. Therefore, your employer's conduct is lawful.

1 Answer | Asked in Products Liability for North Carolina on
Q: Hair loss

I purchased a product and have been using it on my hair and my daughters hair but for some reason now I have clumps of Hair coming out and it didn’t start til I started using this product and so did my daughter hair I have proof it was purchased and how my hair looks before and after as well as... View More

Tim Akpinar
Tim Akpinar
answered on Sep 27, 2024

A North Carolina attorney could advise best, but your question remains open for a week. I'm sorry for your ordeal. I believe it would be a difficult case to get a law firm interested in - due to the numerous factors that could be introduced to challenge the element of causality in your claim... View More

2 Answers | Asked in Banking, Estate Planning, Real Estate Law and Tax Law for North Carolina on
Q: Is there a certain age that you have to be in order to buy and invest real estate?

I am 13 and looking to get into real estate to make a steady income but don't know we're to start or if I can get into investing in property's right now or if I have to wait.

Shane T. Johnson
Shane T. Johnson
answered on Sep 21, 2024

There is no age requirement for owning property in NC. To enter a binding contract to purchase or sell property, the minimum age requirement is 18. Similarly, banks require you to be 18 to sign a mortgage, again, because it is a contract.

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1 Answer | Asked in Uncategorized for North Carolina on
Q: What can happen to a co-signer of an auto loan if the primary person dies ?

Primary loan holder for a car dies. Co-signer still alive (90 years old) ,but co-signer name is not on the title of the car. Wife of the deceased is not making the car payments. What can be done to the co-signer if car is repossessed? She is 90 and only owns her car, and does not have income to pay... View More

James L. Arrasmith
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answered on Sep 18, 2024

If you are the co-signer of an auto loan and the primary borrower has passed away, you are still legally responsible for the loan, even though your name is not on the car’s title. The lender will expect you to continue making payments, and if they aren't paid, they can repossess the car. In... View More

1 Answer | Asked in Construction Law for North Carolina on
Q: Contractor doesn’t want to pay full amount owed
Tim Akpinar
Tim Akpinar
answered on Oct 3, 2024

A North Carolina attorney could advise best, but your question remains open for three weeks. From the brief post, it isn't clear if you are the client building owner or a subcontractor. In either event, more information will be needed - reviewing the contract, specs, work performed to date,... 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

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

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.
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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

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

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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