North Carolina Questions & Answers by Practice Area
- Bankruptcy
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- Environmental
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- Gov & Administrative Law
- Government Contracts
- Health Care Law
- Identity Theft
- Insurance Bad Faith
- Insurance Defense
- Intellectual Property
- International Law
- Internet Law
- Juvenile Law
- Land Use & Zoning
- Landlord - Tenant
- Legal Malpractice
- Lemon Law
- Libel & Slander
- Medical Malpractice
- Mergers & Acquisitions
- Military Law
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- Nursing Home Abuse
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- Wrongful Death
North Carolina Questions & Answers
Q: In Wake Co., NC, how long does an executor have to finalize a will.
Gregory Herman-Giddens' answer
The Clerk of Court generally requires that an estate be closed in one year from the personal representative's qualification date, but extensions can be obtained for good cause.
The Clerk of Court generally requires that an estate be closed in one year from the personal representative's qualification date, but extensions can be obtained for good cause.
Q: My daughter is a student and is leasing an apartment. Her lease is up in a month and 7 days. About a month back she
Will Blackton's answer
The answer is going to depend on what the lease says. I don't think an attorney will be able to assist you without reviewing the provisions of the lease.
The answer is going to depend on what the lease says. I don't think an attorney will be able to assist you without reviewing the provisions of the lease.
Q: My tenants changed the locks and moved out. They left some of their stuff in the house. What are my rights?
Will Blackton's answer
If your tenants are still timely paying their rent and have not otherwise breached the lease, the fact that they moved does not give you the right to remove their personal property.
Chapter 42 of the North Carolina General Statutes will be of some assistance to you. http://www.ncleg.net/gascripts/Statutes/StatutesTOC.pl?Chapter=0042. In relevant, review
§ 42-25.9 Remedies at http://www.ncleg.net/EnactedLegislation/Statutes/PDF/BySection/Chapter_42/GS_42-25.9.pdf
If...
If your tenants are still timely paying their rent and have not otherwise breached the lease, the fact that they moved does not give you the right to remove their personal property.
Chapter 42 of the North Carolina General Statutes will be of some assistance to you. http://www.ncleg.net/gascripts/Statutes/StatutesTOC.pl?Chapter=0042. In relevant, review
§ 42-25.9 Remedies at http://www.ncleg.net/EnactedLegislation/Statutes/PDF/BySection/Chapter_42/GS_42-25.9.pdf
If...
Q: I am going through a separation in NC. He left the house. He then asked me for divorce and I'm ok with that. Now he is
Amanda Bowden Houser's answer
Go consult with a local family law attorney that you are comfortable with and who charges reasonable rates and put your spouse in his place.
Go consult with a local family law attorney that you are comfortable with and who charges reasonable rates and put your spouse in his place.
Q: I'm 17 I turn 18 in two months I'm pregnant my boy friend Is 25
Amanda Bowden Houser's answer
The age of consent in NC is 16 so your boyfriend won't get into any trouble for getting you pregnant, although he likely should. As for you, until you turn 18, your mom can pretty much make you do whatever she wants including forbidding you from contact with the boyfriend and she can press charges if he violates that. After you turn 18 - you are on your own. Best of luck, you will need it.
The age of consent in NC is 16 so your boyfriend won't get into any trouble for getting you pregnant, although he likely should. As for you, until you turn 18, your mom can pretty much make you do whatever she wants including forbidding you from contact with the boyfriend and she can press charges if he violates that. After you turn 18 - you are on your own. Best of luck, you will need it.
Q: I have some old posters advertising old bands who played at a local club here where I live. They are from the 1960s.
Will Blackton's answer
If you want to avoid any legal liability for copyright infringement, yes - you need permission to reproduce those posters. The printing company is probably not the party that needs to grant permission, unless they also created the posters. The artist who created the posters, assuming the artist is still the copyright owner, is the person or entity from which you need permission.
Additionally, if the bands or venues are still around or are monitoring for infringement of their...
If you want to avoid any legal liability for copyright infringement, yes - you need permission to reproduce those posters. The printing company is probably not the party that needs to grant permission, unless they also created the posters. The artist who created the posters, assuming the artist is still the copyright owner, is the person or entity from which you need permission.
Additionally, if the bands or venues are still around or are monitoring for infringement of their...
Q: to get someone to talk to grandmother who's in her right mind with excellent health so she can live the rest of life h
Inna Fershteyn's answer
First the POA doesn't really give the son the right to put someone in the nursing home- it's more of a financial document. If mom is in the right mind she can say NO. It's healthcare proxy that allows one to make health care decisions.
Second grandma can hire an attorney who wiii write to the son that POA is revoked. She most likely needs Medicaid or insurance which will pay for home care aid- it's a separate question that needs to be addressed.
Inna Fershteyn...
First the POA doesn't really give the son the right to put someone in the nursing home- it's more of a financial document. If mom is in the right mind she can say NO. It's healthcare proxy that allows one to make health care decisions.
Second grandma can hire an attorney who wiii write to the son that POA is revoked. She most likely needs Medicaid or insurance which will pay for home care aid- it's a separate question that needs to be addressed.
Inna Fershteyn...
Q: Under NC law, what percentage of the total estimate of a new residence does one give to the contractor
Paige Kurtz's answer
There is no law that specifically covers this issue. Contractors and parties are free to contract for whatever amounts they wish and the law will generally enforce those contracts. That said, there is usually a profit margin of 10-20% for profit, above the costs the build the home. It also depends on the type of contract you are entering into, fixed price or cost plus.
There is no law that specifically covers this issue. Contractors and parties are free to contract for whatever amounts they wish and the law will generally enforce those contracts. That said, there is usually a profit margin of 10-20% for profit, above the costs the build the home. It also depends on the type of contract you are entering into, fixed price or cost plus.
Q: A 17-year old beat up an 18-year old and put him in the hospital. Can his parents sue the other parents for bills?
1 Answer
| Asked
in
Civil Litigation and Personal Injury
for
North Carolina
on
Answered on Jun 20, 2017
Answered on Jun 20, 2017
Peter Munsing's answer
The 18 year old can sue. However why not file a criminal complaint and ask for the bills to be paid in restitution.
The 18 year old can sue. However why not file a criminal complaint and ask for the bills to be paid in restitution.
Q: how do i get help to have my record expunged? How much does it cost?
Will Blackton's answer
Opportunities to expunge a criminal record in North Carolina are quite rare. Criminal records eligible for expunction in North Carolina are generally limited to the following three categories:
A first-time, nonviolent offense committed more than 15 years ago
A first-time offense committed under age 18/22
A charge that was dismissed or disposed “not guilty”
If you meet the qualifications for one of those categories (more information may be found at...
Opportunities to expunge a criminal record in North Carolina are quite rare. Criminal records eligible for expunction in North Carolina are generally limited to the following three categories:
A first-time, nonviolent offense committed more than 15 years ago
A first-time offense committed under age 18/22
A charge that was dismissed or disposed “not guilty”
If you meet the qualifications for one of those categories (more information may be found at...
Q: Family member intentionally probated a 2001 Will that got replaced. Probate approved Feb 2017 IN NC. Now what?
Will Blackton's answer
If you have a copy of a later-executed will, you may offer it to the court.
Testators may say that they've changed their minds on how their assets should be distributed, however, without a valid will detailing those changes - that doesn't have much of an effect.
If you have a copy of a later-executed will, you may offer it to the court.
Testators may say that they've changed their minds on how their assets should be distributed, however, without a valid will detailing those changes - that doesn't have much of an effect.
Q: Can my spouse take me to court
1 Answer
| Asked
in
Divorce, Domestic Violence and Small Claims
for
North Carolina
on
Answered on Jun 19, 2017
Answered on Jun 19, 2017
Amanda Bowden Houser's answer
Yes, she can take you to court, If it was a gift, no you don't have to pay here back. The adultery is irrelevant to these issues. .
Yes, she can take you to court, If it was a gift, no you don't have to pay here back. The adultery is irrelevant to these issues. .
Q: I was threatened verbally by my fiance. We have lived together for a year. He told me he hated me he picked up and said
1 Answer
| Asked
in
Criminal Law, Family Law and Domestic Violence
for
North Carolina
on
Answered on Jun 19, 2017
Answered on Jun 19, 2017
Q: Do I need an attorney in NC or WA?
Amanda Bowden Houser's answer
If the child has lived in NC for at least the last 6 months, you should start with a NC attorney.
If the child has lived in NC for at least the last 6 months, you should start with a NC attorney.
Q: Can a fb status indirectly directed towards a person(s) be considered Communicating Threats?
1 Answer
| Asked
in
Internet Law, Family Law, Child Custody and Child Support
for
North Carolina
on
Answered on Jun 19, 2017
Answered on Jun 19, 2017
Amanda Bowden Houser's answer
Without seeing what was actually written it is hard to say but I'm going to go out on a limb and say likely not. In order for there to be a crime of communication of a threat several things need to happen: (1) a threat to physically injure someone or damage property (2) that threat is communicated to the other person (3) a reasonable person would believe that the threat is likely to be carried out; and (4) the person threatened actually believes the threat will be carried out. So a FB post of...
Without seeing what was actually written it is hard to say but I'm going to go out on a limb and say likely not. In order for there to be a crime of communication of a threat several things need to happen: (1) a threat to physically injure someone or damage property (2) that threat is communicated to the other person (3) a reasonable person would believe that the threat is likely to be carried out; and (4) the person threatened actually believes the threat will be carried out. So a FB post of...
Q: is there a standard how rented houses are supposed to be given to new tenants?
1 Answer
| Asked
in
Real Estate Law and Landlord - Tenant
for
North Carolina
on
Answered on Jun 19, 2017
Answered on Jun 19, 2017
Will Blackton's answer
Landlord must provide a tenant with "fit premises" as described in Section 42-42 of the North Carolina General Statutes. http://www.ncleg.net/EnactedLegislation/Statutes/PDF/BySection/Chapter_42/GS_42-42.pdf
Additionally if you're renting to an active member of the U.S. Armed Forces, you should become familiar with Sections 42-45 of the NCGS, which basically says: If tenants receive official military orders, which affects where they live, they are permitted to terminate their rental...
Landlord must provide a tenant with "fit premises" as described in Section 42-42 of the North Carolina General Statutes. http://www.ncleg.net/EnactedLegislation/Statutes/PDF/BySection/Chapter_42/GS_42-42.pdf
Additionally if you're renting to an active member of the U.S. Armed Forces, you should become familiar with Sections 42-45 of the NCGS, which basically says: If tenants receive official military orders, which affects where they live, they are permitted to terminate their rental...
Q: Owned home NC 14 yrs rented 11 yr. now reside pemntly. can I sell w/o beng pnlzd by resident laws? Capitol gains?
Will Blackton's answer
To answer whether the sale of your home qualifies for the federal tax exclusion, you should refer to IRS Publication 523 at https://www.irs.gov/publications/p523/ar02.html and talk to a qualified tax professional.
Your sale qualifies for exclusion of $250,000 gain ($500,000 if married filing jointly) if all of the following requirements are met:
You owned the home and used it as your main home during at least 2 of the last 5 years before the date of sale.
You didn’t...
To answer whether the sale of your home qualifies for the federal tax exclusion, you should refer to IRS Publication 523 at https://www.irs.gov/publications/p523/ar02.html and talk to a qualified tax professional.
Your sale qualifies for exclusion of $250,000 gain ($500,000 if married filing jointly) if all of the following requirements are met:
You owned the home and used it as your main home during at least 2 of the last 5 years before the date of sale.
You didn’t...
Q: If I have a will leaving everything to my wife and then our son will he automatically inherit all of our real property?
1 Answer
| Asked
in
Estate Planning and Real Estate Law
for
North Carolina
on
Answered on Jun 18, 2017
Answered on Jun 18, 2017
Dr Kenneth V Zichi J.D.'s answer
Probably yes, but there may well be better ways to accomplish this that will be less expensive to your son. I'd urge you to consult with a local estate planning attorney to review ALL your assets and your desires and determine if 'ladybird deeds' some sort of Family LLC or a trust might not be a better way to go. Each state is different in how things are treated, and you may well need to also consult with an attorney in PA to insure the property there is managed appropriately, but WITHOUT...
Probably yes, but there may well be better ways to accomplish this that will be less expensive to your son. I'd urge you to consult with a local estate planning attorney to review ALL your assets and your desires and determine if 'ladybird deeds' some sort of Family LLC or a trust might not be a better way to go. Each state is different in how things are treated, and you may well need to also consult with an attorney in PA to insure the property there is managed appropriately, but WITHOUT...
Q: I accepted employment at another job and put my notice in at my current employer.
Kirk Angel's answer
There is no employment law that covers this specific issue. North Carolina does not allow a specific employment claim for a false reference. However, you may be able to sue for defamation (slander) if you are able to prove that your manager made a factual statement(s) that was untrue and that statement(s) kept you from getting the new job.
There is no employment law that covers this specific issue. North Carolina does not allow a specific employment claim for a false reference. However, you may be able to sue for defamation (slander) if you are able to prove that your manager made a factual statement(s) that was untrue and that statement(s) kept you from getting the new job.
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