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North Carolina Questions & Answers
1 Answer | Asked in Consumer Law, Copyright and Civil Rights for North Carolina on
Q: How can I find opinions of Amy Coney Barrett
Tim Akpinar
Tim Akpinar answered on Sep 26, 2020

The Supreme Court's blog has a new page that summarizes her career highlights, and it mentions several cases. Here is the link:

https://www.scotusblog.com/2018/07/potential-nominee-profile-amy-coney-barrett/

Good luck

Tim Akpinar

1 Answer | Asked in Family Law, Child Custody and Child Support for North Carolina on
Q: Can a wife (who is a paralegal) take the kids if she catches her husband emotionally cheating? She thinks because she is

A paralegal that she has the upper hand and that everyone in the courthouse is in her back pocket.

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 25, 2020

Most people who think of themselves as 'paralegals are really nothing more than administrative assistants at best and secretaries / receptionists at worst. However, bonafied paralegal or not, she likely does have some upper hand due to her potential connections but it is highly unlikely... Read more »

1 Answer | Asked in Family Law for North Carolina on
Q: My 14 year old grandchild is being emotionally abused by his parent. The family, Aunts and Uncles, see the abuse

There was a situation that escalated recently requiring a call to DSS for a welfare check. What are the rights of the child? The parent fabricates situations and lies to DSS making things look totally different saying it is just discipline for a teenager. Shouldn’t DSS question outside sources... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 24, 2020

Typically when a child is being abused - it is obvious. Especially to people trained to detect it. If DSS investigated and are satisfied there was no abuse, then more likely than not - there was no abuse. So likely your issue is simply some dislike of the parent and your view of the... Read more »

2 Answers | Asked in Traffic Tickets for North Carolina on
Q: What can of proof is acceptable in court if I fixed property damage myself instead of turning it in on my insurance?

I got a ticket for property damage when I hit a mailbox. The law told me to go fix it the next day I did. I didn't turn it in on my insurance because it wasn't that bad. When I went to court they need proof that it's fixed. I was wondering if you could tell me what kind of proof is... Read more »

Ben Corcoran
Ben Corcoran answered on Sep 24, 2020

You can probably get a letter from the owners stating that you fixed the damage, that would likely be enough for the DA. You should also take some pictures of the new mailbox.

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2 Answers | Asked in Divorce for North Carolina on
Q: How do you prove you have been separated for a year
Ben Corcoran
Ben Corcoran answered on Sep 24, 2020

You simply state it in court under oath.

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1 Answer | Asked in Family Law for North Carolina on
Q: What kind of consent form can i send my incarcerated sister to sign to give me the right to talk to her DSS case worker?

My sister is currently incarcerated and has an open DSS case. She wants me to talk to her DSS case worker but, they will not talk to me with out talking to her, but wont answer the phone when she calls.

Ben Corcoran
Ben Corcoran answered on Sep 24, 2020

Ask her DSS worker what forms you need to talk to her, additionally, your sister should have an attorney assigned to her for the case, find out who that is and talk to them.

1 Answer | Asked in Civil Rights and Constitutional Law for North Carolina on
Q: is it illegal to burn a American flag
Ben Corcoran
Ben Corcoran answered on Sep 24, 2020

When done as a form of protest it is considered free speech and to be a political activity, so it is protected by the constitution.

It is also the preferred method for disposing of a flag that has is no longer serviceable, the difference being that it is supposed to be done reverently.

1 Answer | Asked in Adoption for North Carolina on
Q: My husband and I have had full custody of MY biological grandaughter for 12 years. she is now 13.The biological father

has had his visitation rights terminated. the biological mother could see the child with supervision but has never approached that. neither has seen her since she was 18 months old. She calls us mom and dad but knows her circumstances. she would like to be adopted so that we all have the same... Read more »

Angela L. Haas
Angela L. Haas answered on Sep 24, 2020

You would not have to notify her biological father, if his parental rights have been terminated (you'll need to verify this). You will need to notify her biological mother, and if possible, get her consent. Otherwise, you'll need to have her parental rights terminated as well. Her last... Read more »

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: Can I get my daughter back from her guardian without paying lawyers fees and going to court?

My daughter Trinity, who is 7 years old now has been living with her aunt since she was 2 almost 3 years old. DSS came and got her and sent her to a temporary home until Trinity’s dads sister decided she was willing to go for guardianship in hopes we would get our lives together. Pretty much her... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 24, 2020

No, you can not do this over the phone like ordering a pizza. You need an attorney for the same reason you need a mechanic when your car breaks down - because you have no idea how to do it yourself. Another consideration is, if you can not afford an attorney, how are you financially stable and... Read more »

1 Answer | Asked in Tax Law for North Carolina on
Q: How is "Principal Residence" defined for the purposes of getting the $250k tax exemption when selling a home?

I am living in two different homes in two different states depending on season etc. I typically live a few monhts in one of the two homes, and then I move to the other and live there for a while. This has been my situation for 10 years. I own one of the homes (State A) but the other home (State B)... Read more »

Ty Czapla
Ty Czapla answered on Sep 23, 2020

My partner, Kacie wrote on article in the Tax Adviser on this topic. See here https://www.thetaxadviser.com/issues/2019/apr/involuntary-conversion-principal-residence.html#:~:text=A%20direct%20involuntary%20conversion%20of,does%20not%20recognize%20a%20gain.

1 Answer | Asked in Divorce and Real Estate Law for North Carolina on
Q: I divorced my ex-husband about a year ago in Tennessee. He owned a home in North Carolina at the time of our divorce.

My lawyer put in the divorce paperwork that he needed to give me a quit claim deed for this property. My ex told me I don't have to sign a quit claim deed because my claim to the property only existed while we were married. Is that true? Should I sign one anyway since my lawyer included that... Read more »

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

Assuming you mean you want to sign a quit claim deed to him - why bother with the time and expense of doing that? If he wants or needs one - he will ask you. If you divorced in North Carolina and if the property was only in his name and you made no claim for the property then yes, very likely any... Read more »

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Siblings selling house that's under contract. Brother is out of the country. Necessary legal documents needed.

My brother and I jointly own a mortgage free home in NC that is under contract. Is a POA required from my brother in order for the closing to go forward? If so, is it mandated to be sent to me by mail to sign and have notarized and sent back to the lawyer? Or are there other means of his sending/... Read more »

Ben Corcoran
Ben Corcoran answered on Sep 23, 2020

Yes in order for the property to be sold your brother will need to execute a POA. While virtual notarizations are currently acceptable in NC, they are only allowed for reasons related to COVID and this does not meet the requirements. It sounds like you are going to have to push everything back... Read more »

1 Answer | Asked in Real Estate Law for North Carolina on
Q: My niece inherited 1/18 interest in an acre of land. All the other heirs conveyed their intent to one person.

This one niece refuses to do so. Can we section out her 1/18 interest and not need her signature on the deed .

Ben Corcoran
Ben Corcoran answered on Sep 23, 2020

No she does not own 1/18th of the property she owns 1/18 of every square inch of the property. If she is refusing to sell then your only recourse is to start a partition motion before a judge and ask for permission to either divide the land or sell it.

If you chose to go the partition...
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1 Answer | Asked in Probate for North Carolina on
Q: In N.C. is the Personal Representative supposed to notify all potential heirs when probating an estate?
Ben Corcoran
Ben Corcoran answered on Sep 23, 2020

If the decedant left a will then, the PR has less of a duty to notify potential heirs. As the will should clearly specify who was to receive under the will, and the PR has a duty to act in accordance with the will.

If the decedant did not leave a will, then all potential heirs have an...
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1 Answer | Asked in Animal / Dog Law for North Carolina on
Q: Is it legal for someone to kill a muzzled dog?

My dog got loose one day and ran at my neighbor barking. He didn't touch the guy and I got him under control quickly. My neighbor said next time it happens he will kill my dog. I now muzzle my dog any time we go outside. If he gets loose again can the neighbor legally hurt/kill him if he is... Read more »

Ben Corcoran
Ben Corcoran answered on Sep 23, 2020

Your local municipal law will likely govern what your responsibilities are regarding your animal. But frequently after a certain time animals must be kept on a leash and if the dog is on your neighbors property he may be able to shoot it claiming self defense. This claim will be hurt by the fact... Read more »

1 Answer | Asked in Criminal Law, Divorce and Family Law for North Carolina on
Q: If my ex has my car (car in my name) in his possession and won't give it back, can I have it reported stolen and towed?

My husband and I are legally separated and working toward a divorce. He is an illegal alien and has no driver's license. He is in possession of a 98 Toyota Corolla that is in my name, but he is the one that paid for it (while we were married). He claims it is his because he bought it, but... Read more »

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

Of course not - this is a civil domestic issue not a criminal one - police will likely not assist you. However, if you have a key and can get to it without breaching the peace, you can go get it yourself. You have as much right (likely more right since it is in your name) than he does. The fact... Read more »

1 Answer | Asked in Real Estate Law for North Carolina on
Q: What rights do The other owwners have if property is part owners with one person owning majority of property?

3 owners, 2 own 20 percent each and the 3d owner owns 60 percent?

Ben Corcoran
Ben Corcoran answered on Sep 23, 2020

The rights and responsibilities do not change just because the ownership percentages are not balanced. The only thing that changes is that the smaller percentage owners would receive less from a sale or any income from the property.

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: How do I become executive of my mom's estate she passed and although I was told my parents were divorced they are not

I am her only child they have been separated my whole life

Ben Corcoran
Ben Corcoran answered on Sep 23, 2020

It depends on whether or not your mom had a will.

If she did not have a will, you need to make an appointment with the local Clerk's Office and ask to be appointed, tell them the situation and hope that they will immediately appoint you. If not, you will need to wait 90 days from the...
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1 Answer | Asked in Estate Planning for North Carolina on
Q: Me n my husband were divorced and he passed away in March 2020 .I have just found out that my name is still on title

Does this make it my home.what rights do I have,his family dont want me having it in anyway shape or form. Can I change locks on it n go in it so I can try to sell it asap? His family want to go in front of the clerk of court to resolve this ,what should I expect. I dont have $ to hire a... Read more »

Ben Corcoran
Ben Corcoran answered on Sep 22, 2020

I would have to see all the documentation on both your divorce and the title before I could tell you exactly what your interest in the house is. Take all this information to a local lawyer and have them give you an opinion.

1 Answer | Asked in Estate Planning for North Carolina on
Q: Why would they need a value on items designated to me?
Ben Corcoran
Ben Corcoran answered on Sep 22, 2020

The Clerk's Office overseeing the estate process requires this information.

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