North Carolina Questions & Answers

Q: My mother in law wants to sign over her house to me and my wife. It is paid off, and she is of clear state of mind.

1 Answer | Asked in Consumer Law, Contracts, Estate Planning and Real Estate Law for North Carolina on
Answered on Mar 23, 2017

You should consult with a real estate attorney who can advise you on the best method to complete the transfer and any issues that might arise because of your concerns. If you have concerns about a relative questioning the state of mind of the mother, you may also want to consult with an attorney that handles elder care or guardianship issues.
View Details »

Q: My mother and grandmother are both on the financing of their home. My mother just died. My brother has been living

1 Answer | Asked in Estate Planning for North Carolina on
Answered on Mar 23, 2017

The financing is not as important as the deed to answer your first question. As to refinancing the home, you can try to do this, but someone with income sufficient to meet the underwriting standards will need to apply.

You should bring the deed, mortgage, and any similar documents (a Title Insurance policy? ) to a local real estate/probate lawyer to review so you can determine what the status of the ownership is, and how to proceed with what you want to do.

-- This answer is...
View Details »

Q: I got my drivers license back after 30 days dwi revocation. How long should it take for DMV to show I'm good in computer

1 Answer | Asked in DUI / DWI for North Carolina on
Answered on Mar 22, 2017

If 30 days have expired since you were charged with DWI and you have paid your civil revocation fee you should be good to go. Consult with a local DWI attorney who can review your situation in more detail if you have concerns.
View Details »

Q: I have tickets for no insurance. The car has been repossessed by the bank. How do I get tickets dropped?

1 Answer | Asked in Traffic Tickets for North Carolina on
Answered on Mar 22, 2017

Getting them 'dropped' may be too lofty of a goal. However, if an ADA cannot be convinced to outright dismiss the charges,there are other things that can be done.
View Details »

Q: If someone is convicted of a first time DWI in NC, can they obtain a VA license if they move to that state?

1 Answer | Asked in DUI / DWI for North Carolina on
Answered on Mar 21, 2017

Likely not. NC shares license information with VA. It may be possible for you to 'luck out' and get a VA license through some administrative error but you'd likely get caught later down the road and just cause yourself extra grief.
View Details »

Q: Can a Quick Claim Deed removed home from credit report??

1 Answer | Asked in Divorce, Family Law and Real Estate Law for North Carolina on
Answered on Mar 21, 2017

A quit claim deed does not remove you from the mortgage. Signing a quit claim deed while still being financially obligated to property you no longer own is often the dumbest thing a person can do. If this is what has happened, your mom's only hope is that your father refinance's the house in his name removing her from the mortgage. As to what you can do, likely not much other than give your mother this info and possibly use what ever influence you have to encourage your dad to refinance, if...
View Details »

Q: how can my mom get custody of my little step sister from the dad's parents if her and the father is still married?

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Answered on Mar 21, 2017

Your question doesn't make sense. If your mom and dad are married and you are calling your mom the 'step parent' then that makes your dad the father and your sister a half sister and not a step sister. If so, then as a step parent, your mom likely has zero rights unless she adopts your half sister. Since your father (and presumably your half sister's father) is in jail, absent DSS getting involved likely nothing will happen. However, getting DSS involved is likely a completely bad idea....
View Details »

Q: My landlord is going to sell their property my family and I currently rent on a month to month basis. What rights do we

1 Answer | Asked in Landlord - Tenant for North Carolina on
Answered on Mar 17, 2017

You'll need to vacate the premises when given proper notice by either the current owner or the new owner. On a month to month basis, the notice period is seven days.If you haven't vacated by the end of that period, the owner, new or old, can file an action to evict you.
View Details »

Q: I have been married for 12 years all in nc, we have 2 kids together and I have one before marriage. 2 are 8 and 9 years

1 Answer | Asked in Family Law for North Carolina on
Answered on Mar 16, 2017

He can file a divorce from bed and board to attempt to force you out of the house. However, on the facts as you say they are, likely no attorney would advise him to do that or he would more likely be the one actually required to move out.
View Details »

Q: Husband of 12 years wants for file for divorce on our own, he still lives in the same house due to money reasons

1 Answer | Asked in Divorce for North Carolina on
Answered on Mar 16, 2017

What he wants and what he's gonna get are likely going to be two different things. If you still live together, you are not going to get divorced or even be able to file unless he lies and commits fraud / perjury. The fact that you sleep separably is irrelevant. In order to be eligible for divorce in NC you must have lived separately (not in the same house) for at least one year. If finances are a concern, the cheapest and easiest way to get through a divorce is to agree on something fair...
View Details »

Q: Got a dwi in NC, 1ST ever blew .14 what are chances of getting reckless driving instead of dwi? Can I make a plea to DA?

1 Answer | Asked in DUI / DWI for North Carolina on
Answered on Mar 16, 2017

No District Attorney I know of will reduce a DWI absent some serious defect in their case. So if everything was done properly, generally speaking, your options are trial or plead guilty and at a .14 your odds of winning at a trial are less than slim and none. As to getting a VA license - if you are convicted, you will likely still get suspended there as well because VA, NC and PA all share traffic info and the record of your civil revocation of your PA license will likely be noted if you...
View Details »

Q: I'm a resident of North Carolina can I request my son father parents right terminated, based on abandonment over 6 yrs??

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for North Carolina on
Answered on Mar 16, 2017

If you and the child have resided in NC for at least the last 6 months, it may be possible to petition to terminate parental rights. If you are successful in terminating his right you will also terminate his obligation to pay child support - you don't get both. Contact a local family law attorney to go over your options. Best of luck!
View Details »

Q: Is it possible to get help with getting divorce paperwork and getting name switched back to maiden name.

1 Answer | Asked in Divorce for North Carolina on
Answered on Mar 16, 2017

You will need a date of birth at least and possibly the ssn in order to get a divorce in NC. Often the Court requires that you verify that your spouse is not active duty military and the way this is done is with the dob and ssn. If you can get that info and a good address, a divorce can be as cheap as $395 for everything. Don't have that info - it can cost many many times more.
View Details »

Q: Do both parents have legal rights

1 Answer | Asked in Family Law for North Carolina on
Answered on Mar 16, 2017

Of course. As long as she is a biological parent, she will have the rights a parent has. The method by which you get pregnant is irrelevant.
View Details »

Q: I have 50/50 custody if my ex leaves town on his days can I have the kids instead of the babysitter he found?

1 Answer | Asked in Family Law for North Carolina on
Answered on Mar 16, 2017

Would you want him having say over you on your days? Likely not. So why are you trying to dictate to him how he handles his days? You likely ought to stop trying to impose your will on him and keep your nose out of his business unless the children are legitimately endangered in some fashion.
View Details »

Q: If im stop and blow .08 with DWI this is my 3rd one in north carolina what are my chances of beating it

1 Answer | Asked in DUI / DWI for North Carolina on
Answered on Mar 16, 2017

If this is your 3rd DWI - you probably shouldn't beat it. Something needs to happen to you to properly impress upon you the fact that you ought not drive while impaired before you end up killing someone. .08 is right on the limit, so it is possible to be convicted on the blow result alone but you never know what will happen at trial. It is also possible you could be found not guilty. However, based only on the information you have provided of two prior DWI's and being stopped for avoiding a...
View Details »

Q: In north Carolina can your spouse get a divorce without your knowledge

1 Answer | Asked in Family Law for North Carolina on
Answered on Mar 16, 2017
View Details »

Q: I am getting a chapter 5-17 which warrants either a honerable or general discharge. I am receiving a general discharge.

1 Answer | Asked in Military Law for North Carolina on
Answered on Mar 16, 2017

Your question is a bit confusing. If you fail to disclose a preexisting medical condition that you knew about, that would be fraudulent enlistment (misconduct). If you did not know about the medical condition but it was discovered soon after your enlistment and existed prior to your enlistment you should receive a Honorable. If you fraudulently enlisted, a General discharge would likely be warranted.

You need to discuss your specific situation with a military law attorney or JAG...
View Details »

Q: My brothers and I own a house that was my grandmothers.None of us live in the house. One of my brothers will most likely

1 Answer | Asked in Estate Planning and Real Estate Law for North Carolina on
Answered on Mar 13, 2017

If you own as Tenants in Common, there CAN be recovery against YOUR BROTHER'S share of the house. This might lead to a forced sale or other 'issues' for you and the other common owners, as the people who paid for your brother's care (the taxpayers) work to recover the money they paid.

The only '100% simple and sure' way to address this is to buy out your brother's interest at its fair market value, and then for him to use that money to pay for his own care until it runs out....
View Details »

Q: Can a debt be put on my credit report over 10 years later?

1 Answer | Asked in Collections for North Carolina on
Answered on Mar 13, 2017

The statute of limitations in North Carolina for breach of contract is three years. If the water company filed suit, you could raise the defense of statute of limitations and the case would be dismissed. Judgments are valid for ten years, but it doesn't sound like they obtained a judgment against you. The water company can still file suit and its up to you to raise the defense. Because of that defense and age, it is likely an uncollectible debt. I would dispute this with the credit agency for...
View Details »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.