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North Carolina Questions & Answers
2 Answers | Asked in Estate Planning and Probate for North Carolina on
Q: In regards to intestate succession, how would the non-distinction of half-siblings be interpreted?

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 »

Amanda Bowden Houser
Amanda Bowden Houser answered on Jan 28, 2020

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...
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1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Juvenile Law for North Carolina on
Q: Hello I am 16 years old and live wirh my dad and stepmom. My dad stays high and drunk every night when he gets home.

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 »

Adam Bull
Adam Bull answered on Jan 28, 2020

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...
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1 Answer | Asked in Family Law and Child Custody for North Carolina on
Q: How do I get my child's mother to let me take a DNA

She is now denying me DNA testing because I only want a relationship with my newborn an not her.

Amanda Bowden Houser
Amanda Bowden Houser answered on Jan 28, 2020

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 »

1 Answer | Asked in Immigration Law for North Carolina on
Q: My mom's green card expires this year. what are the steps we should take to renew it and keep her legal in the US?

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 »

Allen C. Ladd
Allen C. Ladd answered on Jan 27, 2020

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!

1 Answer | Asked in Construction Law for North Carolina on
Q: Who pays for repairs for something not up to NC Code?

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?

Paige Kurtz
Paige Kurtz answered on Jan 27, 2020

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.

1 Answer | Asked in Consumer Law for North Carolina on
Q: A class action notice went to email spam and I have missed the opt-out date by less than 2 months. Can I still opt-out?
Adam Savett
Adam Savett answered on Jan 27, 2020

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 »

1 Answer | Asked in Consumer Law for North Carolina on
Q: Can I file for civil damages against a fastfood restaurant in north Carolina for fraud and deceptive price advertising?

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.

Adam Savett
Adam Savett answered on Jan 27, 2020

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...
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1 Answer | Asked in Traffic Tickets for North Carolina on
Q: Can you go to jail for a traffic ticket
Amanda Bowden Houser
Amanda Bowden Houser answered on Jan 26, 2020

Yes.

1 Answer | Asked in Child Custody for North Carolina on
Q: I am currently separated (2 children of the marriage and 1 not of the marriage) since October 2019.

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 »

Adam Bull
Adam Bull answered on Jan 25, 2020

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.

1 Answer | Asked in Child Support for North Carolina on
Q: I am a non custodial parent and have recently done a paternity test and it was 99.9% that I’m the father, I am getting

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 »

Adam Bull
Adam Bull answered on Jan 25, 2020

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

1 Answer | Asked in Estate Planning for North Carolina on
Q: Is there anything I can do? Please please please help

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 »

Nina Whitehurst
Nina Whitehurst answered on Jan 24, 2020

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.

1 Answer | Asked in Family Law for North Carolina on
Q: Question about family law and drug tests

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 »

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

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 »

1 Answer | Asked in Criminal Law and Traffic Tickets for North Carolina on
Q: Failure to transfer title within 28 days - guilty of class 2 misdemeanor?

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 »

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

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 »

1 Answer | Asked in Child Custody and Family Law for North Carolina on
Q: My son is incarcerated and just received papers that the mother is going for custody.

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.

Adam Bull
Adam Bull answered on Jan 23, 2020

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 »

1 Answer | Asked in Estate Planning, Family Law and Probate for North Carolina on
Q: My brother is in probate sister removed as mom's guardian. Can I enter the case so I can give the judge a proposal?

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 »

Adam Bull
Adam Bull answered on Jan 23, 2020

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.

1 Answer | Asked in Family Law and Libel & Slander for North Carolina on
Q: Wanting to sue aunt for false promises, deformation of character, evicting my family for no valid reason. Moved from sc

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!

Adam Bull
Adam Bull answered on Jan 23, 2020

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...
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1 Answer | Asked in Family Law and Child Support for North Carolina on
Q: My boyfriend is currently locked up in jail in NC for non payment. While he was working they were taking the payments.

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?

Adam Bull
Adam Bull answered on Jan 23, 2020

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.

2 Answers | Asked in Civil Litigation, Divorce and Family Law for North Carolina on
Q: Does a waiver of right to collect retirement benefits include new plans and contributions made during the marriage?

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 »

Adam Bull
Adam Bull answered on Jan 23, 2020

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 »

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1 Answer | Asked in DUI / DWI for North Carolina on
Q: So my fiance was issued a DWI (the cop said he smelled alcohol on his breath) and that was almost 2 months ago. We had a

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 »

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

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 »

1 Answer | Asked in Contracts, Estate Planning, Insurance Bad Faith and Probate for North Carolina on
Q: Wanting to know if I have a case?

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.

Adam Bull
Adam Bull answered on Jan 22, 2020

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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