Siblings grew up together in one household since birth however one sibling was born out of wedlock (infidelity on the maternal side yet raised by the father as his own). Both parents are dead now (mother died first, father died recently hence the succession) without any wills. Does the sibling born... Read more »
In North Carolina, there is no distinction between half and whole siblings. NCGS § 29-3. Certain distinctions as to intestate succession abolished. In the determination of those persons who take upon intestate succession there is no
distinction:
(1) Between real and personal... Read more »
My step mom stays high all day too on any kind of pill she can get and does meth sometimes with her friend while me and my brother babysit her friends kid. My dad has hit me multiple times, he cussed me out and tells me he hates me all the
Time. My step mom is either passed out high or when... Read more »
Sorry to hear you are in such a bad situation. You are doing the correct thing and are entitled to a safe and secure home, free from substance abuse and violence. Things you can do:
1) report the activity to your school counselor and resource office.
2) call the Department of... Read more »
She is now denying me DNA testing because I only want a relationship with my newborn an not her.
The mother can only do this if you allow it. Simply go hire an attorney and force her to comply with DNA testing. Of course, if the child is yours this will put you on the hook for likely at least 18 years of child support along with the grief and expense of fighting with her over visitation or... Read more »
Her country of origin is Ukraine. She has been in the US for 20+ years. She was married and divorced in the US. She had two kids in the US in that same marriage. Her divorced husband (my father) was a US citizen and passed away in 2008. she received child support from him till 2008 and after... Read more »
She will file USCIS Form I-90. Go to www.uscis.gov/forms for the form and read the instructions carefully. There is a filing fee and a possible exemption from the fee. Good luck. S'bogim!
In building our home, we asked for some enhancements that our contractor turned down because they wouldn't pass NC Code. One enhancement we asked and paid for, he did build. He built this without telling us it wasn't up to NC Code. Who is responsible for the repair to bring the item up to code?
The contractor is responsible for any work performed by them and is also responsible for constructing in a manner that is in compliance with the North Carolina Building Code.
Generally no, but you can try. Part of it depends on the type of case, and part of it depends on how far along the case is. Sometimes, you will get a second opportunity to opt-out later on.
If you still want to opt-out, you need to follow the directions in the class action notice.... Read more »
I order a dinner advertised for one price but am charged a higher price each time. I have brought this to the attention of several restaurant managers but they ignore my concerns and willfully continue to charge a higher price than what is advertised.
Based on these limited facts, I have a guess as to what is going on.
The advertisement you saw was probably a national ad for the fast food chain, or even a regional ad. At the bottom of the print ad, or at the end of the commercial, words along the lines of "at participating locations... Read more »
Yes.
I asked my husband for a separation several times throughout the course of a yr he always told me no, we needed to work on it. He finally told me that he was NOT leaving the house (we rent) that if I wanted out I would have to leave. I couldn't take it anymore, so I finally packed up told our... Read more »
So sorry to hear of your situation. You need to file for custody. I would not worry about claims of abandonment as the law recognizes the need to separate.
Consult an experienced family law attorney to review your matter and address your concerns.
SSI. I don’t even make enough to cover my own bills much less pay child support, also have 2 other children and one on the way. So would I still be required to pay child support and how would that work? The number of children must be relevant because the child support calculator asks for number... Read more »
So this is your third, or fourth child?? Child support is based upon your income and the mothers income. The child may receive some partial benefit based upon your SSI. But to answer your question, having more children does not reduce your obligation to financially support your children
Mother passed away suddenly her husband is keeping her Living Will from the family he doesn’t want to follow her last wishes in the Will I’m supposed to receive her house I don’t know how to get it from him? I know he wants to stay there even with other property he owns. He won’t give me... Read more »
Hire a probate attorney to file petition to probate the will. The court can order your mom’s husband to turn the will over to the court.
Dad has an order in place that says he can ask for a drug test of mom and the boyfriend at any time. Dad has to pay for it. If they fail the test, they have to pay dad back. However, we can't get a straight answer from our lawyer about if they refuse to take it. Is failure to take a test the... Read more »
If the Order was made properly it will say what is to happen in the circumstance of refusal. However, the most common remedy would be for dad to file a motion to show cause. Typically if mom and boyfriend don't have good cause for the refusal they will be ordered to comply and likely have to pay... Read more »
If you don't transfer title within 28 days after sale of vehicle, NC G.S. 20-73 seems to indicate you are guilty of a class 2 misdemeanor. Does that mean if I go to the DMV and transfer the title now (including paying the DMV's late penalty fee) that I will have a class 2 misdemeanor on my record?... Read more »
No, you do not just 'magically' get a class 2 misdemeanor tacked onto your record. You'd have to be formally charged and then convicted and most DA's aren't interested in prosecuting someone who didn't realize they need to do a title transfer. If you go take care of your business the way you... Read more »
Papers say he has no contact with his son. He talks to him several times a week. And the mother. Is there any help for him as I am in Texas and do not have the resources to help him with legal aid. The papers also say he never contacts his son which is untrue.
If he is in custody he cannot have visits with his child. It is unlikely a court would do anything other than award the other parent custody.
If she is seeking to terminate his parental rights that's another issue with many factors.
Consult a local experienced family law attorney... Read more »
My brother has been in court for 2 years to try to get my sister removed as Mom's guardian. He has kept me out of the process to care for my parents and my sister is against all of us. I want to enter the case to give the judge a proposal to just remove all siblings from the parents care. My... Read more »
You can file a motion to have the guardian removed and seek the appointment of a neutral guardian, or you have the right to appear at any hearing and present your testimony in support of your brothers motion.
She told my wife's family we were homeless which was not true. we were told to get rid of all household items, break our current lease, and for me to change jobs and kids to change schools and move 3 hrs/different states and now we were told we can not stay here and have no where to go. Need help!
unfortunately the law does not provide a remedy for people acting poorly in all situations. If there was not a written lease or contract, then each party is able to change their minds at any time, just like she couldn't force you to live here.
next time, if you have any hesitation, get an... Read more »
While he was working they were taking the money for his children out of his paycheck. In April of 2019 we were kicked out of our home and he lost his job. Is there any way I can help him get released or is he stuck in jail for a long time?
The best and easiest way is to make payment to catch up any arrearage. if not then his incarceration will be reviewed by a Judge, or you can request a review and ask for his release then, or work release, but you will need to be able to show he has employment to be considered for work release.
A California prenuptial contains the following clause.
"Each party agrees to execute a waiver of his or her right to collect benefits under the other parties qualified retirement plan or plans, if applicable."
Could this be interpreted to mean only those accounts that existed before... Read more »
This is a contract issue and a matter of interpretation of the agreement. By the terms quoted it is ambiguous, meaning it has two possible meanings. The real question will be what was the parties intent at the time the agreement was entered. It is poorly drafted as this contingency should have... Read more »
Court date but he wasnt called. Went to the clerk of court and they couldn't find the ticket in the system, said he probably didnt turn it in and gave him a new court date. What happens if he forsnt turn it in. And is there no rule or anything that the ticket needs to be turned in by the court... Read more »
There is a lot about your question that doesn't make sense. Typically, if blood is taken that means there was an accident. If the accident was serious enough the officer may not have yet served him with the citation which may explain it not being in the system (of course the more likely... Read more »
My homeowners insurance refused to pay off my house after my husband passed away because they said it was in a grace period. It didn't get paid for that month but when he passed it was still in a grace period. Called around 7 or 8 times and they kept refusing to honor it.
This doesn't sound like a homeowners insurance but maybe life insurance. Ultimately it's a contract issue. If the default was not cured there may not be relief. However if he passed during the grace period, generally the policy should be honored.
Consult an experienced civil litigation... Read more »
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