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North Carolina Questions & Answers
Q: Water main broke. Flooded basement, washed out gravel, dirt, grass. Insurance claim denied as 'act of God'!?

God did not lay the pipe! Utility vendor insurance carrier says not liable for damages as no work had been done that was faulty, just normal wear. But also claimed 100 year pipe, only been 50 years in. Another main burst 100 yards down road yesterday. My damage was 4 weeks ago. Should I file... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 3, 2021

A North Carolina attorney could advise best, but your post remains open for three weeks. You could continue to await a response, but you could also consider reaching out to local attorneys with experience in civil litigation and property & casualty losses. This has the makings of a complex,... Read more »

1 Answer | Asked in Family Law and Landlord - Tenant for North Carolina on
Q: What can I legally do with my ex boyfriend's belongings since he won't come get them?

I kicked my ex boyfriend out of my house 2 weeks ago. He left the majority of his belongings and no matter how many times I ask, he won't come get them. He also left a dog and a car. Obviously I will just have the car towed, but what can I do about the dog? Can I sell her? It was a free... Read more »

Kate Bowles Miller
Kate Bowles Miller answered on Aug 2, 2021

If a guest in your home left his belongings, he has no legal right to reclaim them.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: My brother and I owned a house/property as joint tentants with right of survivorship. He lived on the property.

Four months ago the house burned down and he was killed. The fire Dept ruled it an accident but an autopsy was performed and I had to give DNA to identify his body.

He is still in the morgue and the Medical Examiner has said it could take up to a year to get the report and death... Read more »

Ben Corcoran
Ben Corcoran answered on Aug 2, 2021

Not likely without a death certificate, ownership is presumed to still be in both names.

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: First cousin died intestate.I responded.Lawyer wants response stricken cause I'm adopted child of uncle

1st cousin (child of her uncle)

Ben Corcoran
Ben Corcoran answered on Aug 2, 2021

If they legally adopted you, you are treated no differently than a biological member of the family under the law. Whether or not you have any rights to your cousin's estate is a separate matter and would turn on how many surviving family members your cousin had.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: If a landlord sells a property, and the tenant is allowed to stay, can they collect their original security deposit?

I purchased a home in NC from a property management company. The house is rented and I’m allowing the tenant to stay. She informed me that the previous landlord will not return her security deposit. She is elderly and doesn’t seem able to navigate this issue herself. I’d like to know what... Read more »

Ben Corcoran
Ben Corcoran answered on Aug 2, 2021

The security deposit should have followed the lease, and since you purchased it subject to the lease then they should have transferred it to you. I would pursue it with the management company and demand that they turn over the deposit to you.

Even if that is not the case they have 30 days...
Read more »

1 Answer | Asked in Probate and Estate Planning for North Carolina on
Q: First cousin died intestate I responded.I was listed as intestate heir, a lawyer wants to strike cause adopted

In NC I am adopted 1st cousin

Charles Evan Lohr
Charles Evan Lohr answered on Aug 2, 2021

I would need to see the petition filed by the lawyer to give you a worthwhile opinion. Feel free to contact me.

1 Answer | Asked in Criminal Law, Traffic Tickets and Insurance Defense for North Carolina on
Q: I have been charged today (citation) for driving at 85mph on an highway with 65mph limit, lincoln county NC.

I am 26 living in NC and I don't have a single traffic ticket or violation so far and clean on my criminal records. Today I got a speeding citation(GS 20-141(J1)) on highway for driving 20mph over the limit of 65mph and was given court date. I am worried if this will impact my career since as... Read more »

Charlie Gray
Charlie Gray answered on Jul 30, 2021

Most counties reduce speeding tickets to give people an incentive to go ahead and take care of them. Technically, speeding at a high enough speed is treated as a criminal charge and, if convicted, would show up on a background check. Getting it reduced would address this and is usually how traffic... Read more »

1 Answer | Asked in Criminal Law for North Carolina on
Q: My court appointed attorney told me I had an FTA with 25000 secure bond but 4 days later no warrant issued. Why?

My lawyer said due to cases being so old he could not get it continued in district court even though I was outta town with car issues and told me the just issued an FTA with 25000 secure bond and now 5 days later including the weekend they have not issued a warrant

Charlie Gray
Charlie Gray answered on Jul 30, 2021

An FTA is not the same thing as an Order for Arrest (OFA). It is possible an OFA has not been issued yet, some counties allow a grace period between the missed court date and issuing an OFA to give people with a good reason for missing court a chance to fix it. It is also possible there is an OFA... Read more »

2 Answers | Asked in Criminal Law, Traffic Tickets and Car Accidents for North Carolina on
Q: I was issued a hit and run citation. I didn’t realize I hit the other vehicle in a parking lot. What should I do next?

I am prepared to repair the damage but I really had no idea it made contact. I knew I was close but didn’t tell or hear any contact. My car had a light scratch only. The other has a plastic 1/4 panel that will need to be painted and dent removed. I have no criminal or traffic infractions on my... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 29, 2021

Only a North Carolina attorney could advise here, but your question remains open for three weeks. If you haven't already done so at this point, you could reach out to local attorneys to discuss handling of the matter (while at the same time looking into arrangements to cover the property... Read more »

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1 Answer | Asked in Contracts, Real Estate Law, Appeals / Appellate Law and Elder Law for North Carolina on
Q: Can an owner with life rights remove a remaindermen who also has life rights

My father is a homeless veteran due to a consent judgment outside the original will.

Anthony M. Avery
Anthony M. Avery answered on Jul 21, 2021

A remainderman cannot also have a life estate. The interests merge and he would have the fee, although it occasionally may not be absolute and subject to other encumbrances or conditions. It is possible for others to have simultaneous life estates which encumber the other's fee. I suggest... Read more »

3 Answers | Asked in Estate Planning and Patents (Intellectual Property) for North Carolina on
Q: My Father passed,how do I find out if there’s anything in he’s estate for my sister and I. Thank you
Kevin E. Flynn
Kevin E. Flynn answered on Jul 20, 2021

This question was presented to attorneys that work on patents (inventions). There is not a legal category for pa r ents.

You may want post this as a probate question as it may be possible that your father did not do estate planning and the default rules will be applied.

This is...
Read more »

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1 Answer | Asked in Consumer Law, Personal Injury and Products Liability for North Carolina on
Q: I have been using J&J product for 2 years now and it had definitely caused me a lot of hair loss, can I sue them?

I’m having issues with my scalp, hair loss (lots of it) doctor visits and etc. knowing this I’m feeling like I have been frauded and taken advantage of.

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Jul 20, 2021

You will need qualified medical expert testimony that establishes the product caused your injury in order to have a good case. Product liability cases are very difficult to handle without a lawyer. I recommend you have a personal consultation with a personal injury lawyer to evaluate your case.

2 Answers | Asked in Bankruptcy, Contracts, Copyright and Estate Planning for North Carolina on
Q: How do I obtain info about my sole proprietorship
Theodore David Vicknair Sr.
Theodore David Vicknair Sr. answered on Jul 19, 2021

This is a hard question to understand. Do you currently have a sole proprietorship? Or will it be a new one? Nothing is required to establish a sole proprietorship. Your income is reported on Form 1040, Schedule C or C-EZ. You should be running all income through a separate bank account to... Read more »

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1 Answer | Asked in Legal Malpractice and Employment Law for North Carolina on
Q: Can I get legal help for my vertigo

I have vertigo and turned in paperwork to my general manager at work but still received written referrals for being late and not showing up when I am having vertigo can I be fired for it

Kyle Anderson
Kyle Anderson answered on Jul 14, 2021

Hi more information is needed here. If your vertigo qualifies as a disability under the Americans with Disabilities Act, and you request a reasonable accommodation, the employer should work with you on getting an accommodation you need. I would reach out to an employment law attorney in your state... Read more »

1 Answer | Asked in Civil Litigation and Collections for North Carolina on
Q: Can I bring suit against a former business partner for outstanding & defaulted credit card debt tied to me?

I have statements showing charges tied to him, none of which were made by me. I need help recovering the funds and working with the credit card company to resolve this. After many hours spent on calls trying to determine how and when this happened (initially thinking the card was fraudulently... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Jul 12, 2021

What did your partnership agreement say about who was to be responsible for what? Was the debt incurred for business purposes or personal purposes? In very general terms, you would resolve the issue with the bank that issued the credit card. Then, yes you could sue the former partner for paying... Read more »

1 Answer | Asked in Real Estate Law and Land Use & Zoning for North Carolina on
Q: I have been paying the taxes and maintenance for land for over 10 years straight. Can I seek full ownership?

I have been paying the taxes and maintenance for land for over 10 years straight. Land is currently owned by me, my mom, and brother. Legally I am 66.66 owner the remainder is split between my mom and brother. Can I seek fully ownership in the state of North Carolina since I have been fully paying... Read more »

Ben Corcoran
Ben Corcoran answered on Jul 12, 2021

No, but you can demand that your family pay their portion of the taxes going forward and ask for back taxes. If you do this they may be willing to sell/give you their interest in the land.

1 Answer | Asked in Products Liability for North Carolina on
Q: I am an 18 year old male who has experienced the negatives of the product. Can I get compensation for my hair loss?

My hair is thinning and I have a bald spot that recently appeared. Prior to some hair loss my scalp has been irritated whenever I touched my hair. This concerns the recent lawsuit involving Johnson & Johnson.

Peter N. Munsing
Peter N. Munsing answered on Jul 8, 2021

At your age you may wish to consider that having hair loss from whatever origin is unusual and you may want to consult an M.D. expert. Do not say you are interested in a case. Doctors don't like to be involved and you need a good diagnosis.

However to make a claim you need some reason...
Read more »

1 Answer | Asked in Probate for North Carolina on
Q: Good morning is there a way to become executor of estate if others will not released other sign. In the state of NC
Ben Corcoran
Ben Corcoran answered on Jul 8, 2021

Depends on whether or not someone was named in the will if there even is a will. If no one has come forward within 90 days from the death then anyone interested can serve as executor provided the clerk approves them.

1 Answer | Asked in Uncategorized for North Carolina on
Q: If there is a private cemetery and people live above the cemetery road can they put a gate up that is locked?

My family cemetery is on a dirt road and people bought the land above it and have now put a gate up that is locked and says we have to call before we can enter and I was wondering if that's legal?

Ben Corcoran
Ben Corcoran answered on Jul 7, 2021

The property owners have the right to restrict access to their land, but you also have a right to visit the graves of your ancestors. I would advise trying to work out a more long-term solution before bringing this all before the court. You can file a motion before the clerk to have a more... Read more »

1 Answer | Asked in Real Estate Law for North Carolina on
Q: My son e-signed a lease for an apt near college. Not going back. Never paid deposit. They wont let him out of lease.

Our financial situation changed. And can’t afford college. Is there any escape for him? They r going to report him to credit agency and make him liable for money. He has never lived in this apt- it was for August. By not giving a deposit-does it make the lease null?

Ben Corcoran
Ben Corcoran answered on Jul 7, 2021

They may file an eviction against him, which is supposed to hit his credit but doesn't always. But since he is no longer living there they may decide that he has abandoned the property and not sue him to evict. Without personal knowledge of the apartment and the lease, I can't offer more... Read more »

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