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North Carolina Questions & Answers
1 Answer | Asked in Employment Law for North Carolina on
Q: Can an employer drop the pay for the hours you already worked to minimum wage if you quit without a two week notice
Kirk Angel
Kirk Angel answered on May 18, 2021

Your employer can reduce your pay at any time. However, it can only reduce it for future work. It is unlawful for your employer to reduce your pay for time already worked. You can file a wage complaint with the NC Department of Labor's Wage and Hour Division.

1 Answer | Asked in Consumer Law, Contracts and Collections for North Carolina on
Q: Can I file a satisfaction of judgement. Paid amount in full about a month ago and have written notice without response?
Lynn Ellen Coleman
Lynn Ellen Coleman answered on May 17, 2021

Only the creditor can file a Notice of Satisfaction of Judgment. If you sent your demand for them to notify the Court about the payment of judgment in writing, and you have proof of receipt of your written demand, and they have not filed it, contact an experienced consumer law attorney. You need to... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for North Carolina on
Q: My father died in 2018 and had a will. I am executor of the estate. I'm still paying the mortgage for the house.

How do I get the mortgage in my name?

Ben Corcoran
Ben Corcoran answered on May 17, 2021

Talk to the bank and get it refinanced into your name, unfortunately, this will cost some money but the bank will likely eventually force you to do this or pay it off fully.

1 Answer | Asked in Probate for North Carolina on
Q: In NC can a girlfriend of over 20yrs inherit anything from partner who has died? He had property and has a bank account.

His sister has taken over the house and everything. The car was to go to me and my name is on title. There is no will. It is like I don't or never existed. They have been using his money.

Ben Corcoran
Ben Corcoran answered on May 17, 2021

Without seeing the car title and bank information, I cannot answer your question fully. However, the likely answer is that no, you will not inherit anything. Since the car was at least partially titled to you should still have an interest in that. The bank accounts ownership depends on how they... Read more »

1 Answer | Asked in Immigration Law for North Carolina on
Q: My husband has been living with another woman. He told her that he married me to come to the U.S. Can he be deported?

My parents and I sponsored my husband to come to the U.S. He moved out of my house 4 months ago and I thought that he had his own apartment. But it was a lie. Yesterday I got a call from the police telling me that he had been arrested for indecent liberties with a minor. The officer said that he... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on May 14, 2021

You should send a certified letter to the USCIS. The letter will be placed in the file and seen when he applies for any immigration benefit. You should also notify ICE.

2 Answers | Asked in Estate Planning and Real Estate Law for North Carolina on
Q: I own 1% of my father's house for tax purposes upon death. He wants to transfer house to me now.

Is this allowed? Is there a certain number of years that have to pass for this to be legal and the nursing home not get to claim his house?

Nina Whitehurst
Nina Whitehurst answered on May 12, 2021

Yes, that is legal but it is either a good idea if done right or a disastrous idea if done wrong. If you try to do this yourself you will most likely do this the wrong way if you yourself are not an experienced elder law attorney.

Regardless of how you accomplish the transfer, this will...
Read more »

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1 Answer | Asked in Real Estate Law for North Carolina on
Q: If a tree on your property falls on someones house are you responsible?
Ben Corcoran
Ben Corcoran answered on May 12, 2021

You are generally only liable if you had prior knowledge that the tree was in danger of falling. This could be knowing that it was dead or leaning. If it was a perfectly healthy tree that a storm knocked down, then generally no, you are not liable.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: I was over my mothers finances while she was alive. Sold her house in july 2015. She died in oct if 2020. Signed money

To me. Does my siblings have any claim on the money. Will says estate to be divided between us kids. In the state if ohio

Ben Corcoran
Ben Corcoran answered on May 12, 2021

If your mother died in Ohio, then Ohio law controls and this board would not be able to answer your question unless someone on here is licensed in both states.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Does the Sellers Obligation to remove all property before closing on house include tenants property?

Currently under contract to buy a house. It is occupied by a renter (tenant). Concerned that we do not have a legally binding guarantee that the renter will vacate the property by closing. There is a clause in our contract about the sellers obligation to remove all personal property from the... Read more »

Ben Corcoran
Ben Corcoran answered on May 12, 2021

When you purchase a property, generally, you take it subject to any lease on the property. I would have to read your contract to tell you specifics. The seller may not be able to evict the tenant at this time due to their existing lease.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: landlord refused to fix a leak. now there is black mould everywhere. What can I do other than taking him to court

He threatened to kick me out cuz I keep asking him to take care of it.

Ben Corcoran
Ben Corcoran answered on May 11, 2021

In NC you can talk to the local housing authority, and as long as you have properly notified your landlord of the issues they can step in. And your landlord is walking a fine line if they try and evict you after you reported issues to them.

2 Answers | Asked in Collections for North Carolina on
Q: The lien was released via debt cancelation, per the statute of limitations. Are they required to satisfy the judgement?

The judgment expires this October. The bank rep says they have the options of: 1)allowing the judgement to expire 2)extending the judgement for an additional 10 years and/or 3)requiring some type of payment to satisfy the judgement. She says they are not required to satisfy the judgement unless... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman answered on May 11, 2021

If you made no payments but received a Form 1099C cancellation of debt, your Judgment was not "satisfied" or "resolved" or "paid off". They can still legally collect on it even though on their books they deemed it "uncollectible" and wrote it off of their... Read more »

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1 Answer | Asked in Real Estate Law and Collections for North Carolina on
Q: Does a judgment HAVE to remain in court records for 10 years in NC?

I had a lien on my property associated with a judgment. The lien was satisfied but the judgment remains in the court records. It expires in 5 months. Is there any way to have it removed immediately, or does it have to expire. The creditor said they will NOT extend the judgement.

Lynn Ellen Coleman
Lynn Ellen Coleman answered on May 10, 2021

If you paid the judgment directly to the creditor, send them a letter (use certified mail or priority mail so you have proof of delivery and save a copy of your letter) demanding that they advise the Clerk of Court about the payments you made and advise the Clerk that the judgment is fully... Read more »

2 Answers | Asked in Real Estate Law for North Carolina on
Q: Do I need an attorney to force a land sale co-owned by me and 3 siblings in North Carolina.

.363 a. Carteret County, NC, house $10,669, land value $246,017. 4 siblings inherited land from their parents. The 4 live in Moore County, NC. No one lives in house. It has been damaged over the years by storms as it is located on Bogue Sound.

Anthony M. Avery
Anthony M. Avery answered on May 10, 2021

I recommend a competent attorney to prosecute a Sale For Partition Action as soon as possible. Such a Case is usually complex and there is no room for error.

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1 Answer | Asked in Real Estate Law for North Carolina on
Q: I am a part owner of a property that is owned through a trust and I was told by one of the other co-owners

That I need to vacate by 5/31/21.

Said that if we don’t leave they will take legal actions to have me removed.

Is this legal?

Ben Corcoran
Ben Corcoran answered on May 10, 2021

Without being able to read your trust documents I can't tell you what your options are. My advice is that you take a copy of the trust documents to a local lawyer and have them review them. Generally, a part-owner is not allowed to evict another part-owner, however, since the owner is actually... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights and Environmental for North Carolina on
Q: In what way are the powers of the STATES limited?

State constitutions, Executive Orders, ect.

Tim Akpinar
Tim Akpinar answered on May 9, 2021

A fundamental way is through the Constitution's Supremacy Clause, which essentially states that the Constitution, federal laws, and treaties are the "Supreme Law of the Land" and take priority over conflicting state laws.

Here's the actual text (Article VI) "This...
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2 Answers | Asked in Estate Planning, Tax Law and Probate for North Carolina on
Q: I have a will. Is it also necessary to have a beneficiary designation on file with the manager of my IRA account?

My will covers all of my assets and is not very complex, but the investment company that manages my IRA account has a beneficiary form which doesn't allow the same amount of detail. Upon my death, is it likely that there will be financial, e.g. tax, implications if no beneficiary designation... Read more »

Ben Corcoran
Ben Corcoran answered on May 7, 2021

It will save your heirs some money if you do so. If there is no beneficiary, all of the assets in the IRA will be subject to the audit fees from the Clerk's Office.

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1 Answer | Asked in Real Estate Law for North Carolina on
Q: If a person wanted to apply for a lease but didn't make the minimum income requirement, what could they do?

What would the consequences be for lying about their income to qualify for a place to live, as long as they didn't miss any rent payments going forward. In this situation they don't have any beneficiary that could co-sign the lease.

Ben Corcoran
Ben Corcoran answered on May 6, 2021

Probably the worst that could happen is that the misrepresentation is a breach of the lease and they can be evicted. From there it depends on the lease terms, potentially having to pay court costs and attorney fees.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: I am in contract since February 9th 2021 with a possession before closing contract.

We were supposed to close March 10, then he delayed to March 31, then again to April 6, 9th, 16, and now may 10. We signed the possession before closing and we paid him $2000 for that month of rent his contract never stated rent afterwards and we would have paid had he asked or it had been in a... Read more »

Ben Corcoran
Ben Corcoran answered on May 6, 2021

Without reviewing your contract no lawyer will be able to advise you on whether or not you have a case. You likely have one of two cases here. The first demand performance under the contract (sell you the house) and the second unjust enrichment, for the $30,000 you spent on the kitchen. Take all... Read more »

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: My father passed away. He had nothing except a vehicle worth around $3500. He lived in Florida. Me is NC. I want to se

Car is registered in Florida. I have the title. I keep reading about probate? But there is no estate.

Ben Corcoran
Ben Corcoran answered on May 5, 2021

You would have to probate in FL, and while there may be some lawyers on here that can practice in NC and FL you will have better luck posting in the FL section.

2 Answers | Asked in Real Estate Law for North Carolina on
Q: I have been financially responsible for a home that I am listed on the deed as owner with the right of survivorship.

The co-owner now wants me to sign a quit claim and give her the house with no remuneration. She is in ill health and needs the money and wants to sell but not split the $. I have refused. I currently live in this house with my wife. Is there anything she can do to legally force me out of this house... Read more »

William Stanger
William Stanger answered on May 3, 2021

In California, one co-owner of a property can force another co-owner to sell by bringing a civil lawsuit for "partition." If the dead clearly shows that you both are co-owners of the property together and there is no dispute about that, then her right to partition is nearly absolute.... Read more »

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