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North Carolina Questions & Answers
2 Answers | Asked in Estate Planning, Real Estate Law and Probate for North Carolina on
Q: Am I entitled to any assets or does it go to her heirs?

My father died without a will and his wife(StepMom) passed 3 years later. The Deed states that it was Joint Tenancy with Rights of Survivorship.

Shane T. Johnson
Shane T. Johnson
answered on Nov 18, 2024

When property is purchased by a married couple in NC, it is assumed they own it as Tenants by the Entirety. Based on your representations, it would appear that when your father died, the property would pass to his surviving wife. When she died, it would go to her heirs, and you would not inherit.

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1 Answer | Asked in Collections for North Carolina on
Q: I've been receiving phone calls from someone saying they are a litigation service and claim I owe money. Is it legit?

They say I took out a loan several years ago from Easy Loans for 500 dollars and nothing was paid on the loan. I do not recall taking out this loan. I declared bankruptcy not long after the time frame they say the loan was taken out. I don't know if this is a scam or something I thought was... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Nov 17, 2024

Continue to ignore them, this is a scam. You can report the calls to the North Carolina Attorney general's office. Block the calls and eventually they should go away. "Litigation service" is your first clue of scam, and claiming you took out a payday loan that you cannot remember... View More

3 Answers | Asked in Bankruptcy for North Carolina on
Q: My husband died. I can't afford the home, boat and camper that is in our names. How do I liquidate? File bankruptcy?
Damon Duncan
Damon Duncan
answered on Nov 15, 2024

You could possibly file a bankruptcy, allowing you to surrender the property and liquidate any of the loans that remain on the property. It would also wipe out credit cards, medical bills, and personal loans. However, there are a lot of moving parts so you would want to talk with someone to discuss... View More

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3 Answers | Asked in Bankruptcy for North Carolina on
Q: My husband died. I can't afford the home, boat and camper that is in our names. How do I liquidate? File bankruptcy?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Nov 15, 2024

Filing for bankruptcy relief is a serious matter, determined by consideration of all your assets and debt, and your income and future plans.

In PA, you can put house, camper and boat solely in your name by filing a Certificate of Death, way cheaper than filing for bankruptcy. Once in your...
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1 Answer | Asked in Criminal Law and Juvenile Law for North Carolina on
Q: ln NC State will you go to jail for this. A 24 year old dating a 17 year old, both females and had sexual relation.

.

John D. Pritchard
John D. Pritchard
answered on Nov 7, 2024

Probably not.

The age of consent in North Carolina is 16, so a 17 year old is considered legally able to consent to sexual activity.

There are always exceptions. For instance, if the 24 year old were a teacher or coach at a school and the 17 year old was a student at the same...
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1 Answer | Asked in Employment Law and Employment Discrimination for North Carolina on
Q: I requested accommodations for sched change at my job. They refuse and keep writing me up due absences. Is this fair?

I am a social worker in hospital. Asked for a modified schedule from m-f to four ten hour shifts. My department had refused to do this nor have they tried to discuss any other options. They only state they do not have a position with those hours available right now. I have made several suggestions... View More

Kirton M. Madison
Kirton M. Madison
answered on Nov 6, 2024

Was your request for a modified schedule based on a medical condition? Did you provide supporting documentation for this request from your medical provider? If so, the hospital's refusal to entertain your request or discuss alternative accommodations could be a violation of the Americans with... View More

1 Answer | Asked in Collections for North Carolina on
Q: I was sued and lost but the case was filed in a different county than the one i live in is this a valid suit

It was a default judgement for debt collection, the case was filed in iredell county but i live, and the debt was incurred, in craven county. Nor was i informed of the hearing.

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Oct 22, 2024

You need to get a copy of the court file from Iredell County, including the return of service that shows how you were allegedly served with the Summons and Complaint, and take it to an attorney for review.

The general rule is that debt collection lawsuits must be filed in the...
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2 Answers | Asked in Bankruptcy for North Carolina on
Q: 20k CC debt , home free and clear ( no mortgage) I have to put as an asset( tax value 289k) can I file Chp 7 ?

Can I file 7 without house being jeopardized with liens or anything?

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Oct 22, 2024

No, your house will be taken by the Trustee and sold to pay your debts if you file Chapter 7. You can only exempt (protect from creditors) anywhere from $35,000.00 to $60,000.00 of equity in your home. PLEASE do not try and file bankruptcy without an attorney! This is a good example of how doing so... View More

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4 Answers | Asked in Bankruptcy for North Carolina on
Q: I am not married , I have 20k in credit card debt. I own my car ( value of car is less than 5k) I am on the deed

I am on the deed to home/property in which is owned free and clear was purchased with cash by him . Can I file for my debt without it affecting house / deed ?

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Oct 22, 2024

NO. Your half of the home is an asset. You need advice from a qualified North Carolina licensed attorney. Please have a personal consultation with one. Many offer free consultations. Out of state lawyers are trying to be helpful by copying and pasting our exemption statutes here on this general... View More

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1 Answer | Asked in Criminal Law for North Carolina on
Q: Can I be charged with drugs found in a drug raid but the house is not in my name or was not found on my person
John D. Pritchard
John D. Pritchard
answered on Oct 17, 2024

The short answer is yes.

To charge someone, the police only need probable cause, which is the same standard the State needs when it seeks an indictment from a grand jury. Simply put, probable cause means something is more likely than not. It's not the same as the beyond a reasonable...
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1 Answer | Asked in Real Estate Law and Small Claims for North Carolina on
Q: Hi, can i get a temp accommodation while my builder is fixing a water leak under warranty on a new home i bought

Hi, i bought a new house from a builder, after 2 months we noticed there was a leak in the kitchen with no visible signs from day one, which caused significant damage to the home( upto the floor joist, sub floor with mold all over ) so while they were fixing we moved out and rented a temp... View More

Tim Akpinar
Tim Akpinar
answered on Oct 16, 2024

A North Carolina attorney could advise best, but your question remains open for almost a month. It could depend on what the warranty outlines in its protections and remedies, and an impartial opinion as to the hazard presented by the water damage. An option that might be worth exploring is whether... View More

1 Answer | Asked in Family Law for North Carolina on
Q: Questions about marital status in lottery registration

Every year during Green Card Lottery registration, I face an issue. Over 7 years ago, my wife and I separated, and I live with my daughter (without formal divorce). My wife refused to return home after a court order, and the court issued a "non-compliance" ruling, meaning she failed to... View More

Anna Farmer
Anna Farmer
answered on Oct 15, 2024

In North Carolina, you will stay married until you get a divorce. North Carolina does not recognize a "legal separation," so even if you are living apart from each other you are still technically married.

Depending on what your specific court order says, you may consider filing...
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1 Answer | Asked in Estate Planning, Family Law, Elder Law and Health Care Law for North Carolina on
Q: Can I a file General POA with the healthcare provision or must I file two POA's?

I want to just file one POA that covers everything including Healthcare decisions

Shane T. Johnson
Shane T. Johnson
answered on Oct 15, 2024

Most people have two Powers of Attorney documents produced, a Health Care POA and a Financial POA. This is because they are very distinct roles, one is for health care and the other is for financial. A Financial POA can be filed at the County Register of Deeds Office. The Health Care POA can be... View More

1 Answer | Asked in Employment Law for North Carolina on
Q: Can 1099 employers be held to a noncompete clause?

Earlier this year I signed a contract containing a non-compete as a 1099 worker. The job is not working out due to not receiving adequate referrals from the company to financially sustain my responsibilities and livelihood. I am seeking employment elsewhere and am trying to figure out if it’s... View More

N'kia (NLN)
N'kia (NLN)
answered on Oct 8, 2024

You have identified at least 2 important issues. First, you may or may not have been properly classified. Second, your non-compete may or may not be enforceable. To some degree, the second might depend on the first. Many non-competes are not enforceable in North Carolina because they are not... View More

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Neighbor stopped sale of our home claiming it is on her property. We have a surveyor coming to survey property

Can we claim rights to part of property we have kept up if in fact it is on her land? Can we sue for cost of having to take house off market?

Anthony M. Avery
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answered on Oct 2, 2024

Hire a NC attorney to search both titles. Hire Surveyor to give his opinion of boundary line corners. Then you may need to file a Boundary Dispute action unless you and the other landowner can agree to a recorded boundary agreement. It does not sound like damages can be sought.

1 Answer | Asked in Products Liability for North Carolina on
Q: Hair loss

I purchased a product and have been using it on my hair and my daughters hair but for some reason now I have clumps of Hair coming out and it didn’t start til I started using this product and so did my daughter hair I have proof it was purchased and how my hair looks before and after as well as... View More

Tim Akpinar
Tim Akpinar
answered on Sep 27, 2024

A North Carolina attorney could advise best, but your question remains open for a week. I'm sorry for your ordeal. I believe it would be a difficult case to get a law firm interested in - due to the numerous factors that could be introduced to challenge the element of causality in your claim... View More

1 Answer | Asked in Estate Planning for North Carolina on
Q: What form do I need in order to do a Quitclaim deed to transfer my house into my Trust, for which I am the trustee?
Shane T. Johnson
Shane T. Johnson
answered on Sep 9, 2024

Property can be deeded using a number of types of deeds, which convey different types of interest and or carry different types of warranties. Many deeds on file are incorrect as it is not the Recorder of Deed's job to review recorded records. My recommendation is you contact an attorney to be... View More

3 Answers | Asked in Trademark for North Carolina on
Q: I have found some cancelled and abandoned trademarks listed on Justia, how would I go about purchasing them?

The trademarks in question were listed as Origin Systems, 710 - Cancelled - Section 8 and Bullfrog Productions, 602 - Abandoned-Failure To Respond Or Late Response. Each trademark expired in 2003 and 2001 respectively.

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Sep 10, 2024

Purchasing a cancelled or abandoned trademark can be a complex process, but it is possible to acquire them if you follow the right steps. Here’s a general guide on how you might proceed with the trademarks you’ve found:

- Use the United States Patent and Trademark Office (USPTO)...
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3 Answers | Asked in Trademark for North Carolina on
Q: I have found some cancelled and abandoned trademarks listed on Justia, how would I go about purchasing them?

The trademarks in question were listed as Origin Systems, 710 - Cancelled - Section 8 and Bullfrog Productions, 602 - Abandoned-Failure To Respond Or Late Response. Each trademark expired in 2003 and 2001 respectively.

Felicia Altman
Felicia Altman
answered on Sep 8, 2024

If a trademark is expired or abandoned on the USPTO then it no longer is protected under trademark rules and regulations. The next steps would be to file an application for those marks with the USPTO. It is best to work with a trademark attorney or company to assist you with procuring rights to the... View More

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1 Answer | Asked in Real Estate Law for North Carolina on
Q: Do I need a Real Estate Lawyer to change my deceased grandfathers property to my name? I am his only living relative.

He was originally from North Carolina but had to come to MD when my grandmother became ill and remained here in MD until his death. He was in a nursing home in MD at the time of his death and owned no property here. I was told to open and close an estate in MD. Now I need to have my name placed on... View More

Anthony M. Avery
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answered on Sep 4, 2024

You need a MD attorney to determine heirship and prepare an Affidavit of Heirship, if he lived any MD more than a month or so. Then get a NC attorney to record the Affidavit (or do it yourself properly) to show the world you are the sole heir and owner. Taxes need to be paid in your name. If... View More

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