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North Carolina Questions & Answers
1 Answer | Asked in Contracts and Employment Law for North Carolina on
Q: Is a non-compete agreement in North Carolina signed by an existing employee enforceable if no consideration is given?

Employee of 7 years told to sign agreement in 2014 or find a new job. Trying to leave job and they are threatening to enforce it.

Kirk Angel
Kirk Angel answered on Dec 7, 2019

Every contract has to have consideration to support it. Therefore, if there is no consideration, there is no contract. A couple of things to note. First, consideration is anything of legal value and not just money. Second, even if the contract is legally unenforceable, the employer may file a... Read more »

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for North Carolina on
Q: I have a question due to the state taken my children
Amanda Bowden Houser
Amanda Bowden Houser answered on Dec 6, 2019

If you want your question answered you have to actually ask the question.

2 Answers | Asked in Criminal Law and Domestic Violence for North Carolina on
Q: I slapped my boyfriend and got a charge

I am 19 he is 21 we are parents of a 3 month old with a ton of bills and in process of buying a house I slapped him and he went to stay at his dads . My neighbor in apartment called cops I admitted to slapping him and I got a charge! I’ve never been in trouble how do we get this dropped!!

Amanda Bowden Houser
Amanda Bowden Houser answered on Dec 4, 2019

Speaking to law enforcement and admitting to a crime was a complete and total mistake. At this point, you need to hire a local criminal law attorney ASAP before you make matters worse than you already have. If you stop trying to handle this yourself and follow your attorneys advice and if your... Read more »

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1 Answer | Asked in Child Custody and Family Law for North Carolina on
Q: I live with my mom because she has full custody and I have a 9 month old son at 17.

I have betrayed their trust before but that's becuase I want to independent and live with my dad like i've wanted since 13, I go to school and have a job, Could go i just to my dads or can my mom force me to go home even if i bring a cop with me

Amanda Bowden Houser
Amanda Bowden Houser answered on Dec 4, 2019

No cop who values their job will go with you at 17. Just wait it out until you are 18.

2 Answers | Asked in Juvenile Law and Criminal Law for North Carolina on
Q: My mom is filing ungovernable youth charges against me. Do I have any rights as a minor?

Her reason for the ungovernable charge was that I am disrespectful and I do what I want when I want. About ten days ago. She slapped me, so hard I couldn’t hear out of my ear. That entire side of my face went numb. Then I yelled at her that I hated her and hit her arm. When she called the police,... Read more »

Adam Bull
Adam Bull answered on Dec 4, 2019

You have a right to an attorney and one should be appointed to you.

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1 Answer | Asked in Banking and Bankruptcy for North Carolina on
Q: My wife recently filed for bankruptcy soley without my knowledge to rid her responsibility to our debts. what do i do

She has not been living here at home for some time and has been living with her Mother who has convinced her to file for bankruptcy to get rid of her obligations to our debts. She is hiding money from the case to help strengthen it in her mothers accounts as well as possible accounts. She has... Read more »

Timothy Denison
Timothy Denison answered on Dec 4, 2019

If you can prove she is hiding money, you may want to advise the trustee in her bankruptcy case.

1 Answer | Asked in Child Custody for North Carolina on
Q: im 17 3 months away from 18 and want ti live with my dad because we have a good connection but my mom has custody of me

my dad and i have a good connection and I can't take the stress from my mom and step dad even though they help me a lot, I have wanted to be with my dad even though sometimes it's not the best place at times but thats where i want to be

Adam Bull
Adam Bull answered on Dec 4, 2019

at 17 you have the ability to have input on your custody, however no one can change the Court order but the Court unless the parents agree. Your father can file a motion to modify custody. To prevail he will need to show that there has been a substantial change of circumstances and that changing... Read more »

2 Answers | Asked in Divorce for North Carolina on
Q: Been divorced 4 years. Remained in house because I have 3 kids. Ex is pressuring me to move. I have no money to move.

I tried to get loan from bank but was turned down. Ex is only paying $225 towards house payment which is $909. Savings is being depleted. Have no money for down payment if I moved. He, by the way,has way more money than I do. He drives an Audi and goes on vacations. Me on the other hand am about... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Dec 3, 2019

Consult with a family law attorney ASAP. Which is what you should have done 4 years ago to have avoided the current situation.

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2 Answers | Asked in Estate Planning and Probate for North Carolina on
Q: My mom was named her husbands will. She passed before he did. The Will was never changed. Who inherits what was left her

Also named in the Will are his 2 daughters. My mom was the primary beneficiary of his estate.

Nina Whitehurst
Nina Whitehurst answered on Dec 3, 2019

There is no way to answer your question without reviewing her husband’s will. Depending on the wording her share might have lapsed, in which case her share would go to the residuary beneficiaries in her husband’s will or if none then her husband’s intestate heirs. Or her share might go to... Read more »

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1 Answer | Asked in Child Custody, Child Support and Family Law for North Carolina on
Q: If me and my wife at the time agreed to leave the child. Who is 10yrs old my pension which cost me $900 a month. Now we

are no longer together. She is seeking child support. Could the $900 be considered part of child support when they do the calculation?

I pay for before/after school day care. His medical insurance and life. I pay 300 for tutoring. At the present time I give him $200 a month spending change... Read more »

Melissa Averett
Melissa Averett answered on Dec 3, 2019

No, sorry. Since you have no legal obligation to the support a child after your death, it cannot be considered child support.

2 Answers | Asked in Estate Planning for North Carolina on
Q: Are hand written wills legal in North Carolina,
Angela L. Haas
Angela L. Haas answered on Dec 3, 2019

Yes, so long as the entire Will is handwritten by the Testator, and signed by the Testator (the one writing the Will). There is no requirement that it be signed by any witnesses.

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1 Answer | Asked in Probate for North Carolina on
Q: If a property owner has passed away and the probate period has passed and there is no will. Who do you contact to buy?

If there are children what is the approach? If there are no children or co-owner what is the approach?

Charles Evan Lohr
Charles Evan Lohr answered on Dec 2, 2019

If there are children or other heirs to the deceased that you know of who are willing to administer the estate or nominate you to do it, that would be ideal. Feel free to contact me for assistance.

1 Answer | Asked in Estate Planning for North Carolina on
Q: What are they legal repercussions for an attorney who signs estate trust paperwork if the grantor is incompetent?
Nina Whitehurst
Nina Whitehurst answered on Dec 2, 2019

More information is needed. Do you really mean "attorney" as in "attorney at law"? If so, then that would be highly unusual. Perhaps you mean "attorney in fact". An attorney in fact signing trust paperwork on behalf of an incapacitated principal could be perfectly legitimate, depending on the... Read more »

1 Answer | Asked in Estate Planning, Elder Law and Probate for North Carolina on
Q: ... I I was taking care of my elderly Uncle he was taken from me because of false accusations

Now the house is going up for probate I was the only one on the will how are they doing this what can I do they said if I didn't sign for their services they would have me arrested for exploitation because I take one of my doctor bill with his money The Power of Attorney papers said I could she... Read more »

Ashley Kevitt
Ashley Kevitt answered on Dec 2, 2019

First and foremost you need to make sure you have a copy or original of the Will. In the Will an executor is named and that is the person who must go to the clerk and open the estate. If you are named as the beneficiary of the house your Uncle had then the clerk will make sure the executor gives... Read more »

1 Answer | Asked in Traffic Tickets for North Carolina on
Q: I got a speeding ticket and all my personal information is wrong.

I got a speeding ticket going “70”mph in a 55mph zone and all the personal information is my mother’s, including DL number, age, birthday, social security number, etc despite him having MY license. It says my mother is the one being charged and that she would need to appear in court, when I... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Dec 1, 2019

Of course they aren't grounds for dismissal and it is pointless to 'attack' a ticket. Hire the cheapest local traffic ticket attorney you can find and don't speed anymore.

1 Answer | Asked in Estate Planning for North Carolina on
Q: If one of the heirs to a parent 's estate is deceased, does the widow of that heir inherit or do his children?

Our parent is terminally ill and did not want to change his will after our sibling passed last year. He just wants to be sure someone in that siblings family inherits.

Nina Whitehurst
Nina Whitehurst answered on Nov 30, 2019

It is impossible to answer your question without reviewing the will of the parent and also the will of the pre-deceased child.

1 Answer | Asked in Personal Injury and Car Accidents for North Carolina on
Q: Do I have to wait for a passenger to finish treatment to settle with the insurance company?

I was in an accident (not at fault) and I am wanting to settle with the other person's insurance company. But i am under the impression that I can't do so until my passenger finishes treatment. Then and only then will the insurance company pay me.

Tim Akpinar
Tim Akpinar answered on Nov 30, 2019

No. But the decision will still be up to the liability examiner (together with carrier's counsel if your matter is in suit). If they have a bead on the injuries you and your passenger sustained in relationship to the limits of the policy and the reserves they set for the claim, they have liberty to... Read more »

1 Answer | Asked in Traffic Tickets for North Carolina on
Q: My Tennessee license is suspended for un paid fines for both Tn&Va. Va changed their

Their laws on suspending license and will reinstate me without paying tickets. Tn sys they won't u less I pay Va tickets. Regardless of a clearance letter from Va. Can they make me pay Va??

Amanda Bowden Houser
Amanda Bowden Houser answered on Nov 29, 2019

TN can not make you pay the VA tickets but TN can keep you suspended from driving in their state (and other states if you have a TN license) until you do. This is regardless of whether you can be reinstated anywhere else. You should just man up, be responsible and pay what you own instead of... Read more »

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: My son's father had a temporary custody order that was dismissed November 13th of this year. He want let me get my son.

Family court dismissed the order against me. But my son's father still refuses to let me have my son. My son is being neglected And possibly abused because his father is a alcoholic. How can I get my son back.

Amanda Bowden Houser
Amanda Bowden Houser answered on Nov 27, 2019

If there is no order currently in place, he has as much right to the child as you do so he can refuse to let you get the child (although that will make him look bad in future court hearings if he does not have proper cause for the refusal). So you need to get a custody order of your own if you... Read more »

1 Answer | Asked in Trademark and Copyright for North Carolina on
Q: Need to protect something that is printed on a tshirt (graphic w/ text) using trademark or copywrite law. Can you help?

trademark and copyright knowledge needed

Jason Brooks
Jason Brooks answered on Nov 26, 2019

If you're merely trying to protect the design on the shirt, then you'll want to register it for copyright with the US Copyright office. If however, the design is actually the name of your brand, then you'll want to register that brand name for trademark.

Note that word printed on the...
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