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North Carolina Questions & Answers
1 Answer | Asked in Workers' Compensation for North Carolina on
Q: Do I have the right to deny a recommended procedure by a doctor and still be covered by W/C for possible future surgery?
David Gantt
David Gantt answered on Nov 24, 2020

NC law requires injured workers be given reasonable and necessary medical care. Our law also gives WC insurance companies the right to control medical treatment as long as they recognize the WC claim. Future medical treatment can be claimed for two (2) years after the last payment of weekly wage... Read more »

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: If there's a court order can a parent deny visitation because she's worried about covid?

Mom from Arkansas is saying she's worried about covid so she will not bring minor child to meet dad from NC in TN for Christmas break. There are court orders for visitation for summer and Christmas. Child was with dad this past summer.

Amanda Bowden Houser
Amanda Bowden Houser answered on Nov 23, 2020

Worried in general - likely not and if she does deny visitation on that basis alone, you can likely have her popped pretty hard for it depending on the terms of the Order. Worried because you or someone in your immediate family you reside with has Covid or there are travel bans or some other... Read more »

1 Answer | Asked in Animal / Dog Law for North Carolina on
Q: If a person steals my dog, can the police make me pay the thief for flea dip fees they incurred while having my dog?

My nephew asked a friend to watch his dog while he looks for a new place. He has been sending money for the care of the dog. While away for a weekend the mother of the friend went into his home and took the dog. They are refusing to give it back. The dog is registered and microchipped. We have gone... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Nov 23, 2020

You might want to see if you can contact the chief of police to bring this situation to his/her attention. Otherwise, you’ll have to sue in replevin to get your dog back.

1 Answer | Asked in Consumer Law for North Carolina on
Q: If a vehicle was bought and was supposed to have a lein on it but the title came in clear and with no lein recorded

Then the vehicle was sold and the loan company found out. What are the actions they can take civil, criminal? Can the owner be charged with a crime?

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Nov 23, 2020

The vehicle owner signed a contract with the loan company, so the owner still has to pay off the loan. If the loan is not paid, the loan company can bring a civil lawsuit to get a judgment for money owed. Criminal charges are a possibility but without more facts, this is difficult to assess. If the... Read more »

1 Answer | Asked in Real Estate Law for North Carolina on
Q: My sister has been living where she is for 55 years on family land. My last living uncle is selling the property.

Can this fall under Squatters law.

Ben Corcoran
Ben Corcoran answered on Nov 23, 2020

Your sister likely had permission from the family to live there and therefore she has no "squatter's rights." You have to be living somewhere without permission to claim this. I would want to review the deed and grandparents' wills to know if your uncle has full ownership of the... Read more »

1 Answer | Asked in Contracts for North Carolina on
Q: Does the seller of a home have to reduce the selling price if the appraisal is less than the offered price?
Ben Corcoran
Ben Corcoran answered on Nov 23, 2020

No, but frequently the offer to purchase has a clause that allows the buyer to back out if the house appraises less than the offer.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: If inherited property title has 3 names, are all bills split equally?

Surviving spouse is executor and deceased left no will. Two adult children and surviving spouse will have equal ownership of the house. There is also a $25,000 second mortgage/equity line balance left, which was taken out by deceased and surviving spouse.

Ben Corcoran
Ben Corcoran answered on Nov 23, 2020

Taxes are supposed to be split equally, in practice this never happens and one side gets stuck with paying all of them until they get fed up and force a sale.

Without reviewing the mortgage, deed, and other documents I can't speak to the ownership and duties of each party. Take...
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1 Answer | Asked in Probate for North Carolina on
Q: Can small Estate Application be converted to full probate if necessary?

First off, I just want to thank the attorneys in advance for taking time from their day to answer questions for people on this forum. It is greatly appreciated.

My situation is that right now we are in the beginning stages of trying to assess my late mothers assets and debts. We believe... Read more »

Ben Corcoran
Ben Corcoran answered on Nov 23, 2020

Yes it is possible to "upgrade" the estate, this would look exactly like filing an estate.

In order to protect the other sibling, you should post a notice to creditors in the approved newspaper of your county. This is not commonly without an actual estate but nothing should...
Read more »

1 Answer | Asked in Personal Injury for North Carolina on
Q: what do i do if i was assaulted and i didnt get photographic evidence but i do have a witness?

a gentleman grabbed my arm and dug his nails into my wrist. i am a security officer at an uptown high rise building

Gregory Scott Greenberg
Gregory Scott Greenberg answered on Nov 22, 2020

Have the witness write out a sworn statement and have it notarized.

1 Answer | Asked in Juvenile Law for North Carolina on
Q: why are juvenile aftercare programs important
Tim Akpinar
Tim Akpinar answered on Nov 20, 2020

A North Carolina attorney could answer best but your question remains open for two weeks. One reason is to help prepare for discharge from the Department of Corrections. Good luck

Tim Akpinar

2 Answers | Asked in Estate Planning for North Carolina on
Q: Do I need a lawyer to execute a will?

I'm executor of my father's will, he has no belongings to speak of as he is in assisted living, and has a couple of bank accounts, he is in failing health with Alzheimer's

Thank you

Amanda Bowden Houser
Amanda Bowden Houser answered on Nov 20, 2020

It basically depends on whether you want assurance that it is done correctly. Typically, finalizing things under the circumstances you describe is not too difficult even for a lay person with no legal experience. Best of luck.

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2 Answers | Asked in Probate for North Carolina on
Q: In NC..is the administer of estate. Appointed by court reasonable for maintaining utilities during probate

Responsible for upkeep and utilities being on

Ben Corcoran
Ben Corcoran answered on Nov 20, 2020

Generally speaking, most real property does not pass through the estate process. In NC most real property passes directly to the heirs and the estate never is responsible for the property.

Talk to a local lawyer and have them review the will/estate file to give you their opinion on your...
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1 Answer | Asked in Bankruptcy for North Carolina on
Q: I was recently given a summons for a $6,000 loan I do not want to lose my vehicle.

I defaulted on a loan for a little over $6,000 I was recently given a summons by the sheriff on behalf of the loan company. I'm currently unemployed due to the virus I'm very worried about losing my vehicle as it is my last life line (Uber) if I am taken to court with a judgement. I do... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Nov 20, 2020

You shouldn't have to worry about wage garnishment as that isn't allowed under NC law. However, there is a chance your vehicle could be seized. Whether that happens is going to depend on the amount of equity you have in this vehicle, and to what extent you can "exempt" this... Read more »

2 Answers | Asked in Workers' Compensation for North Carolina on
Q: I recently broke my foot at work and now the workmans comp adjuster wants a recorded statement. What do I do?

I told her I needed to consult with an atty 1st.

David Gantt
David Gantt answered on Nov 19, 2020

You should speak with an experienced Workers' Compensation lawyer before making any recorded statement. NC law does not automatically recognize and accept injuries just because they happen at work. The law also requires an accident or very specific occupational disease (not applicable to a... Read more »

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1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: Can you remove an intervenor from a case? Court placed my kids not dss. How do I go about getting them back?

My children falsely accused my current husband of abuse. All criminal charges against him were dropped. Now the intervenor said she will not give my kids back without a fight. I had no case against me but yet the court still placed them with the intervenor because I knew the allegations against him... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Nov 18, 2020

You are simply not competent to fight the legal aspect of this fight and will need to retain a family law attorney in the county in North Carolina that the case is in. You consistently refer to the person who currently has custody as the 'intervenor' - odds are it is your mother (or... Read more »

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Wake County NC how long after move out can property manager/ home owner make claim for damages?

rented home for almost 2yrs disabled then dx stage 4 cancer renewal included stipulation could move early if health declined. Moved 9/30. Property manager provided ridiculous list damages then said she had 60 days to file claim. My understanding is that she has 30 days = till what date can she... Read more »

Ben Corcoran
Ben Corcoran answered on Nov 18, 2020

In order to claim damages against your deposit, they had to submit a written invoice specifying what they were applying the deposit towards. This had to happen within 30 days.

However, they can sue you for property damage up to three years after they discovered the damages.

If you...
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1 Answer | Asked in Real Estate Law for North Carolina on
Q: My rights as property owner that has ditch between me and another property owner. Other property owner has modified his

This has caused backup water that is standing and stagnated. This is a ditch that runs through entire subdivision to creek.

Ben Corcoran
Ben Corcoran answered on Nov 18, 2020

If the ditch/water is completely on his property than you have very few options, if it is on both your properties then you can potentially force him to modify it to remove the standing water. Speak to a local attorney to see what your options are.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: If I have 8 months left on my lease, can the landlord force me to move out early if he sells the house?
Ben Corcoran
Ben Corcoran answered on Nov 17, 2020

No, the new owners would be buying the house subject to your lease.

1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for North Carolina on
Q: I live in north Carolina and have been squatting at a fairly expensive home like 1.2million does that affect the claim?

It's a huge home that's not had any interest from potential buyers the entire decade I've been squatting there... although the powers always on and I've only had one encounter with the real estate agent that is employed by a company... I live in a little town where mansions are... Read more »

Ben Corcoran
Ben Corcoran answered on Nov 17, 2020

You need to "squat" for a minimum of 20 years before you could bring an action to have the house transferred to your name.

2 Answers | Asked in Child Custody and Family Law for North Carolina on
Q: What would be the best course of action, to fight against a dismissal when it is brought up in a custody case? (repost)

I was arrested for attacking my wife but the case was dismissed (year a ago). I understand that stays on my record. I'm about to start custody case with a different woman. I know she will bring up that attack. Can I object to that? or better option?

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Nov 17, 2020

If the criminal charge was dismissed without a finding or admission of guilt, then it shouldn't be admissible in court. And if the judge does permit the question to be asked at a trial (over your objection), you just need to put in evidence that the charge was ultimately dismissed.

Of...
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