North Carolina Questions & Answers by Practice Area
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North Carolina Questions & Answers
Q: I guess I didn't make my question very well recharging my fiancés 12 year old daughter.
Amanda Bowden Houser's answer
You asked the original question just fine and the new information you supplied does not change the answer.
Yes, your fiance has a possibility of obtaining custody. There are two ways to do it: 1) by consent and 2) through the Court. If mom won't consent (which you seem to imply she will not), then your fiance will have to retain a family law attorney in the area where the child lives and start a custody action. In such an action, the wishes of the child will likely not mean a whole...
You asked the original question just fine and the new information you supplied does not change the answer.
Yes, your fiance has a possibility of obtaining custody. There are two ways to do it: 1) by consent and 2) through the Court. If mom won't consent (which you seem to imply she will not), then your fiance will have to retain a family law attorney in the area where the child lives and start a custody action. In such an action, the wishes of the child will likely not mean a whole...
Q: We live in North Carolina. My question is, my fiance's daughter wants to come live with us, she's 12. Is that possible?
Amanda Bowden Houser's answer
What a 12 year old child wants is for all practical purposes - irrelevant and being unmarried could still be an issue for you for with some Judges. However, if the mother won't consent to a change in custody and you have to go to Court, the guiding principle is what is in the best interest of the child. So it is a possibility.
What a 12 year old child wants is for all practical purposes - irrelevant and being unmarried could still be an issue for you for with some Judges. However, if the mother won't consent to a change in custody and you have to go to Court, the guiding principle is what is in the best interest of the child. So it is a possibility.
Q: If I currently pay child support but my child's mother is refusing to let me see my child, what steps can I take?
Amanda Bowden Houser's answer
Visitation is not tied to support so whether you are paying child support or not is irrelevant. If the mother is refusing visitation without good cause you should hire an attorney and put her in her place.
Visitation is not tied to support so whether you are paying child support or not is irrelevant. If the mother is refusing visitation without good cause you should hire an attorney and put her in her place.
Q: legally protected" activities and were fired for engaging in that activity. what does this mean.
Kirk Angel's answer
I think you posted a question earlier, then followed up with another post and now this post. I think you are trying to ask follow up questions. The best way to get your questions answered is to speak directly to an employment attorney. If you did not post, then you may want to provide additional information for this post.
I think you posted a question earlier, then followed up with another post and now this post. I think you are trying to ask follow up questions. The best way to get your questions answered is to speak directly to an employment attorney. If you did not post, then you may want to provide additional information for this post.
Q: So with them letting me go without probable cause other than they are now saying I am a thief.
Kirk Angel's answer
Not exactly sure what you are asking. However, an employer does not need "probable cause" to terminate an employee in North Carolina. If you are over 40 and you are terminated due to your age, then you may have a legal claim. You will need to show that your age was the reason for the termination. If you are harassed due to your religion, then you may have a claim.
Not exactly sure what you are asking. However, an employer does not need "probable cause" to terminate an employee in North Carolina. If you are over 40 and you are terminated due to your age, then you may have a legal claim. You will need to show that your age was the reason for the termination. If you are harassed due to your religion, then you may have a claim.
Q: I was wanting to know if an employer can treat you badly and if something goes wrong blame you and not let you know.
1 Answer
| Asked
in
Employment Discrimination, Employment Law and Libel & Slander
for
North Carolina
on
Answered on Aug 14, 2017
Answered on Aug 14, 2017
Kirk Angel's answer
This is an employment-at-will state which means you can be fired (or treated poorly) for any reason and there is no liability for the employer unless there is an unlawful motive for the action taken against you. There are generally only two forms of unlawful motives: unlawful discrimination or unlawful retaliation. Discrimination in employment is unlawful if it is due to race, color, sex, national origin, religion, disability or age 40 or older. Retaliation in employment is unlawful only if you...
This is an employment-at-will state which means you can be fired (or treated poorly) for any reason and there is no liability for the employer unless there is an unlawful motive for the action taken against you. There are generally only two forms of unlawful motives: unlawful discrimination or unlawful retaliation. Discrimination in employment is unlawful if it is due to race, color, sex, national origin, religion, disability or age 40 or older. Retaliation in employment is unlawful only if you...
Q: While doing work at a clients home their dog got in the way of loading lawn mower which caused personal injury.
David Alan Wolf's answer
There may be a claim or case against the neighbor for the injuries caused by the dog. It appears that North Carolina has strict liability for dog bite and dog attack cases. The pursuit of the case will depend on the situation, the particular fact pattern, the availability of homeowner's insurance, and other factors. Contact a local personal injury attorney for a Free Consultation. Due to the severity of the injuries, it is recommended to hire an attorney to handle the case.
There may be a claim or case against the neighbor for the injuries caused by the dog. It appears that North Carolina has strict liability for dog bite and dog attack cases. The pursuit of the case will depend on the situation, the particular fact pattern, the availability of homeowner's insurance, and other factors. Contact a local personal injury attorney for a Free Consultation. Due to the severity of the injuries, it is recommended to hire an attorney to handle the case.
Q: My husband, his 3 brothers and his mother own a beach house in the Outer Banks and the deed is structured as joint
Tristan Kenyon Schultz's answer
We both know why the rest of the family is upset...
Contact your attorney that advised this approach.
Justia's Q&A is not intended as a vehicle to request free legal research or provide legal advice.
We both know why the rest of the family is upset...
Contact your attorney that advised this approach.
Justia's Q&A is not intended as a vehicle to request free legal research or provide legal advice.
Q: What reason might an individual want an irrevocable v. revocable trust if his total assets are below $3,000,000?
Will Blackton's answer
Total asset value isn't the only consideration for creating a revocable or irrevocable trust.
Generally, irrevocable trusts offer greater asset protection and certain tax advantages. Irrevocable trusts are treated like a totally separate and individual entity because the assets are no longer owned or controlled by the individual grantor. So, it's more difficult for for the grantor's creditors to seize those assets. Additionally, income from those assets is not taxable to the...
Total asset value isn't the only consideration for creating a revocable or irrevocable trust.
Generally, irrevocable trusts offer greater asset protection and certain tax advantages. Irrevocable trusts are treated like a totally separate and individual entity because the assets are no longer owned or controlled by the individual grantor. So, it's more difficult for for the grantor's creditors to seize those assets. Additionally, income from those assets is not taxable to the...
Q: Can I use a theme from something that's trademarked if I'm using it in a completely different field/context?
1 Answer
| Asked
in
Intellectual Property and Trademark
for
North Carolina
on
Answered on Aug 10, 2017
Answered on Aug 10, 2017
Will Blackton's answer
The key question is: will this cause consumer confusion?
This is a question that can only be answered by a judge, but an attorney can assist you. I am not your attorney, and this incredibly fact-specific question would require careful examination of facts outside of what is contained in your posted question. As such, you should not rely on anything stated below as legal advice.
Is it likely or possible that a consumer will believe that your product is associated or endorsed by...
The key question is: will this cause consumer confusion?
This is a question that can only be answered by a judge, but an attorney can assist you. I am not your attorney, and this incredibly fact-specific question would require careful examination of facts outside of what is contained in your posted question. As such, you should not rely on anything stated below as legal advice.
Is it likely or possible that a consumer will believe that your product is associated or endorsed by...
Q: I would like to remove some deed restrictions from land I purchased. it is not an established HOA, Can it be done?
Will Blackton's answer
There are a few modes of terminating restrictive covenants in North Carolina. Provisions are often drafted whereby they will expire by their own terms after some number of years (usually 3-4 decades). Also, provisions can be drafted whereby there is some mechanism for terminating the restrictions, written consent of the majority of interested landholders, for instance.
Under the Real Property Marketable Title Act, in Chapter 47B of the North Carolina General Statutes, some covenants...
There are a few modes of terminating restrictive covenants in North Carolina. Provisions are often drafted whereby they will expire by their own terms after some number of years (usually 3-4 decades). Also, provisions can be drafted whereby there is some mechanism for terminating the restrictions, written consent of the majority of interested landholders, for instance.
Under the Real Property Marketable Title Act, in Chapter 47B of the North Carolina General Statutes, some covenants...
Q: May I use Lawyer to represent me for Sale of Home?
Will Blackton's answer
Yes, you could hire a lawyer to represent you for the sale of a home. An alternative and probably a less expensive option is to have a lawyer draft a power of attorney document, appointing someone as your limited attorney-in-fact for the purpose of selling specific property. Then a friend or family member could sign all required documents and wouldn't bill you (as much) for their time.
Yes, you could hire a lawyer to represent you for the sale of a home. An alternative and probably a less expensive option is to have a lawyer draft a power of attorney document, appointing someone as your limited attorney-in-fact for the purpose of selling specific property. Then a friend or family member could sign all required documents and wouldn't bill you (as much) for their time.
Q: My landlord sold the property and I did not sign a new lease at the beginning of the yr. Can I get evicted?
1 Answer
| Asked
in
Real Estate Law and Landlord - Tenant
for
North Carolina
on
Answered on Aug 10, 2017
Answered on Aug 10, 2017
Will Blackton's answer
If you previously signed a one year lease which has expired, you are likely a month-to-month holdover tenant. The landlord can give you notice that they intend to terminate your month-to-month lease. If you don't move out, the new landlord can then evict you. Alternatively, if you have not paid rent, it's likely that the landlord can begin evicting you immediately. In North Carolina, the eviction process takes about a month from when landlord files in court to when tenant is removed from the...
If you previously signed a one year lease which has expired, you are likely a month-to-month holdover tenant. The landlord can give you notice that they intend to terminate your month-to-month lease. If you don't move out, the new landlord can then evict you. Alternatively, if you have not paid rent, it's likely that the landlord can begin evicting you immediately. In North Carolina, the eviction process takes about a month from when landlord files in court to when tenant is removed from the...
Q: I invested in a real estate deal and we have a notarized contract. He has not paid as he said he would. Can I sue?
1 Answer
| Asked
in
Civil Litigation and Real Estate Law
for
North Carolina
on
Answered on Aug 10, 2017
Answered on Aug 10, 2017
Will Blackton's answer
Yes, use the Justia Find a Lawyer tool to locate a North Carolina attorney with real estate and construction litigation experience.
Yes, use the Justia Find a Lawyer tool to locate a North Carolina attorney with real estate and construction litigation experience.
Q: Hi, I have two offenses on one ticket. If I get one offense dropped, will they drop the whole ticket?
Amanda Bowden Houser's answer
If you have two apples in a basket and one drops out does the other apple magically disappear?
If you have two apples in a basket and one drops out does the other apple magically disappear?
Q: Can I refuse to answer any of a policeman's questions until my lawyer shows up?
Amanda Bowden Houser's answer
Not only can you refuse but you have a constitutional right to refuse. Once you get out of grade school officer friendly ain't your buddy no more - don't tell them squat - ever!
Not only can you refuse but you have a constitutional right to refuse. Once you get out of grade school officer friendly ain't your buddy no more - don't tell them squat - ever!
Q: How much would a divorce cost,There are children but we have already took care of that part, and she is willing to sign
Amanda Bowden Houser's answer
As long as you have: 1) been physically separated (not living together) from your spouse for at least one year AND
2) either you OR your spouse has resided in North Carolina for at least the last 6 months, you are likely eligible to file for divorce in North Carolina.
Also, if you meet those requirements, you are entitled to the divorce as a matter of law - meaning there is nothing your spouse can legally do to prevent it.
The normal process takes from 45 to 60 days to...
As long as you have: 1) been physically separated (not living together) from your spouse for at least one year AND
2) either you OR your spouse has resided in North Carolina for at least the last 6 months, you are likely eligible to file for divorce in North Carolina.
Also, if you meet those requirements, you are entitled to the divorce as a matter of law - meaning there is nothing your spouse can legally do to prevent it.
The normal process takes from 45 to 60 days to...
Q: If you are sentenced to 30 days in county for a dWI, will you serve the entire time? Is there a chance of early release?
William Head's answer
Call Bill Powers. 980-622-3600. He is a NC DWI specialist.
Some jurisdictions have jail overcrowding, that may benefit you.
Call Bill Powers. 980-622-3600. He is a NC DWI specialist.
Some jurisdictions have jail overcrowding, that may benefit you.
Q: Can an IRA with a beneficiary be changed to match a will if the beneficiary is in agreement?
Dr Kenneth V Zichi J.D.'s answer
He can waive collecting under the beneficiary designation, but that will have severe tax implications. There is no way that I am aware of to 'change' beneficiary designations either in probate (and remember this won't go through probate because there is a beneficiary) or with most IRA custodians.
The BEST you can probably do is to have Uncle name the other two as beneficiaries of the IRA once it is in HIS ownership. There may be alternate ways to structure things under NC law. I'd...
He can waive collecting under the beneficiary designation, but that will have severe tax implications. There is no way that I am aware of to 'change' beneficiary designations either in probate (and remember this won't go through probate because there is a beneficiary) or with most IRA custodians.
The BEST you can probably do is to have Uncle name the other two as beneficiaries of the IRA once it is in HIS ownership. There may be alternate ways to structure things under NC law. I'd...
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