North Carolina Questions & Answers

Q: can I sue vinyl siding contractor for faulty work that has rottted my house

1 Answer | Asked in Construction Law for North Carolina on
Answered on Dec 18, 2018
Timur Akpinar's answer
I don't practice in North Carolina but your question hasn't been picked up in four weeks. Based on the limited facts here, a North Carolina attorney would likely have further questions, in terms of how the determination was made that it was the contractor's workmanship or materials that was responsible for the rot. In general, people can sue for any number of reasons, but an attorney in your state who could examine the matter in further detail might be able to provide more insight as to the...

Q: how is it that during my patent search I am finding patent applications for items that have existed for years?

2 Answers | Asked in Patents (Intellectual Property) for North Carolina on
Answered on Dec 18, 2018
Peter D. Mlynek's answer
Because they are for some new improvements to the treestands or tree climbing sticks. Remember, it is not only new products that you can get a parent on, but also on IMPROVEMENTS to existing products.

Telephones, golf clubs, bicycles, and like, have also been around for over 100 years, but there is always some improvement that companies can patent.

Q: are you responsible for paying taxes on home not in your name and you never lived in. Husband who owned it died.

1 Answer | Asked in Tax Law for North Carolina on
Answered on Dec 16, 2018
James Richard Yandle's answer
I assume you are talking about state INCOME tax (not local county property tax, or other type of tax). And, i'm guessing the issue arose from a 1099-C Cancellation of Debt, to the now deceased husband, from the foreclosure, (tax year 2016, based on timing?). Further, I'm guessing you filed a joint return for that year with the decedent.

The likely route to resolve such a matter, at this stage, is seek a competent, professional income tax return preparer, preferably a CPA, and file...

Q: After we were married my husband upgraded his Time-Share involving me making the payments each month. $543 x 48 mos.

1 Answer | Asked in Divorce for North Carolina on
Answered on Dec 16, 2018
Melissa Averett's answer
Did you file for equitable distribution? If not, you need to do that BEFORE the divorce is entered by the court. In NC, that claim will protect your marital interest in the property regardless of title. The claim just has to be pending when the divorce is entered. There are no forms to file equitable distribution, so you will need the help of an attorney.

Q: I moved in with my boyfriend. We bought a house I'm on theach deed but not the loan. What are my rights

1 Answer | Asked in Real Estate Law for North Carolina on
Answered on Dec 12, 2018
Vincent Gallo's answer
Answer? You own half the house and only he is personally obligated to pay the mortgage. And he can’t kick you out.

Q: I would like to hire an international student to do work for me over the summer - what do I need to do?

1 Answer | Asked in Immigration Law for North Carolina on
Answered on Dec 12, 2018
Hector E. Quiroga's answer
You likely can’t, unless the position you are offering fulfills the requirements for optional practical training or curricular practical training.

Q: Most likely outcome?

1 Answer | Asked in Traffic Tickets and Car Accidents for North Carolina on
Answered on Dec 12, 2018
Amanda Bowden Houser's answer
If you can prove your version of the events. You should be found not guilty. I get most charges of failure to report dismissed because the charging officer jumped the gun and charged within the 24 hour period. As to paying for the damages - the owner has a civil remedy for that.

Q: Can I get money for pain and suffering in a workers' comp claim?

1 Answer | Asked in Workers' Compensation for North Carolina on
Answered on Dec 12, 2018
Martha Ramsay's answer
No, not in North Carolina. The law allows for compensation for three benefits: Medical treatment, payment for lost time and payment for permanent injury. One of the elements of the original bargain of workers’ compensation law, no compensation for pain and suffering is supposed to be balanced by the provision of medical treatment and payment for lost time.

Q: Will the death penalty be abolished in Raleigh NC soon? If so when?

1 Answer | Asked in Criminal Law for North Carolina on
Answered on Dec 11, 2018
Bill Powers' answer
The last person executed in North Carolina was Samuel Flippen, put to death Aug. 18, 2006, for the murder.

It's possible Flippen forever will remain the last person executed in North Carolina. Capital punishment in North Carolina, while it remains on the books, is rarely enforced.

Given the present structure of the NC General Assembly, it would be surprising to see any change in NC Criminal Laws abolishing the death penalty in North Carolina.

Bill Powers...

Q: I'm look for a Business Property and Casual Lawyer. Personal injury in NC.

1 Answer | Asked in Personal Injury and Real Estate Law for North Carolina on
Answered on Dec 9, 2018
Timur Akpinar's answer
You could check with the North Carolina Bar Association’s lawyer referral service. You could tell them you are looking for a property and casualty lawyer (possibly business-related based on your terms).

Tim Akpinar

Q: Child Support and FoodStamps/EBT

1 Answer | Asked in Child Support and Family Law for North Carolina on
Answered on Dec 8, 2018
Amanda Bowden Houser's answer
Possibly but so what? If you aren't working, your obligation would likely be $50 or so a month and that would go to your girlfriend that you live with so you'd essentially be getting the money back if they even bothered to do it that way. Theoretically, you could use the same $50 bucks she gets to make the next months payment and it'd be a wash after the first month. The only way it would matter to you is if you were not living with your girlfriend but then you wouldn't have a choice about...

Q: Man signs birth certificate,dies,but child not his(DNA test). Can DNA related children keep him from estate inheritance

1 Answer | Asked in Family Law and Child Custody for North Carolina on
Answered on Dec 7, 2018
Sara W. Harrington's answer
When the deceased person signed the birth certificate, he acknowledged that he was the legal, biological father. By signing that and acknowledging his role as father (whether this was under a wrong belief or not) he took legal responsibility for the child.

Once someone has acknowledged parenthood, they cannot disclaim it.

Q: Can I stand on a median or freeway exit a with sign?

1 Answer | Asked in Traffic Tickets, Civil Rights and Constitutional Law for North Carolina on
Answered on Dec 6, 2018
Amanda Bowden Houser's answer
This is the first amendment: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. There is nothing in there that gives you the right to beg for money (panhandling). Wanna hold a sign somewhere, go hold a sign somewhere - wanna beg for money especially aggressively and you...

Q: False DV report to shelter w/ no police report against my deceased dad so she can claim inheritance. Can she do this?

2 Answers | Asked in Estate Planning, Family Law, Arbitration / Mediation Law and Domestic Violence for North Carolina on
Answered on Dec 5, 2018
Amanda Bowden Houser's answer
If you father had no will, anything that doesn't automatically pass (such as joint accounts and life insurance with named beneficiaries) will pass via intestate succession which if you are the only child is spouse inherits 1/2 of intestate real estate and a portion of intestate personal property (if you die with personal property worth $60,000 or less, spouse inherits all of it; if you have more than $60,000 worth of personal property, your spouse inherits $60,000 plus 1/2 of the balance) child...

Q: My,mom has land and has a buyer. She has been in the nursing home for 3 1/2 years on medicaid.. Can state take her money

1 Answer | Asked in Elder Law for North Carolina on
Answered on Dec 5, 2018
Richard Winblad's answer
Maybe. You should visit with a N.C. Attorney. You might be able to save the value.

Q: AD, days prior to PCS from Ft Bragg,NC to Ft Lewis,WA, spdg ticket (64/45) by MP, court required? Do I have to fly back

1 Answer | Asked in Traffic Tickets for North Carolina on
Answered on Dec 5, 2018
Amanda Bowden Houser's answer
Call a local traffic law attorney who can represent you on base or refer you to someone who can - it is likely you may be able to take care of the ticket without having to appear. Best of luck.

Q: I got speeding ticket for 50 over 35 limit but my GPS was showing 45 limit and not 35 limit.

1 Answer | Asked in Traffic Tickets for North Carolina on
Answered on Dec 4, 2018
Amanda Bowden Houser's answer
Sure, but not with your GPS screenshot. Besides if you admit to going 50, even if it were 45 - you were still speeding. Do you think you get a 5mph over grace limit? You don't. Just hire a local traffic attorney. If the address on your ticket is correct you will be getting a crap ton of letters from local attorneys. You do not nee F. Lee Bailey for a 50/35 so just pick the cheapest one and roll with that. And in the future pay attention to the speed limit signs, not your GPS - they are...

Q: Dismissal of citation for multiple errors

1 Answer | Asked in Traffic Tickets for North Carolina on
Answered on Dec 4, 2018
Amanda Bowden Houser's answer
Errors on a citation normally do not result in a dismissal - the ADA can simply amend the citation. Also speeding is a non-intent infraction or crime - it makes no difference whatsoever that he was unaware he was speeding or unfamiliar with the area. So what he needs to do is hire a local traffic attorney. He doesn't need F. Lee Bailey for a traffic ticket, so just find the cheapest one and roll with that. It will likely be my firm. We charge a flat rate total fee of $363 to have a charge...

Q: My dog was hurt when a car hit him and I was given a ticket while speeding to get to the vet. Is this something I can

1 Answer | Asked in Traffic Tickets for North Carolina on
Answered on Dec 4, 2018
Amanda Bowden Houser's answer
Of course not. You admit you were speeding - what's to fight? Or do you think there is an exception they forgot to mention to you when you were learning to drive that allows you to break the law because your dog is hurt? There isn't. Just hire a local traffic attorney. If your address is correct on your ticket, you will get a crap ton of letters from attorney's. You don't need F. Lee Bailey for a traffic ticket so pick the cheapest one and roll with that. Best of luck.

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