Ex husband and wife completed a bench trial for a Breach of Contract Suit. The contract was an executed notarized separation and property settlement agreement. In the agreement, wife received the house (was quitclaim deeded to wife and notarized). In exchange, the husband received all the... View More 
answered on Feb 12, 2024
I don't see a reason why not; a sale would likely be held up regardless if the closing attorney is doing their job properly. But a list pendens seems proper here.
I live in NC and one of my friends and her husband were arrested for Domestic Violence. She gave CPS my number as a reference. Do I have to speak with them when they call? Can I remain neutral or can they subpoena me and force me to speak to them or the courts?
answered on Jan 30, 2024
You may try to remain neutral. That will not necessarily prevent a party from subpoenaing you as a witness. That is a court order and you will either have to comply or file a motion to quash the subpoena.
No dr or nurse ever said baby tested positive only a dss worker. Dss has taken children and the found lab results are at a time when mother and baby aren't even at hospital yet. Results are another newborns. Hired law firm has disregarded found evidence and children have been pushed through to... View More
answered on Aug 27, 2023
This could be a case. If the proper, convincing evidence can be shown, it may be worth pursuing. Consult with experienced attorneys in the state where this occurred.
Not legally as I have the deeds. Father is alive, Mother deceased. He is claiming squatters rights that he's living with my father over 2 months. Some lawyer told him can claim the property? Is this legal?
I have the deeds as my brother is an ex-con.
answered on Aug 17, 2023
You probably need to get an attorney to look at everything.
The physical deeds are just pieces of paper the only thing that matters is what is recorded in the register of deeds.
recently passed away. His youngest son, my brother-in-law, will be in charge of his estate when he passes (he is 95 now). My husband and I had 1 child who is now 35. Now that my husband has passed, is my child legally entitled to receive what he would have received had he not died before his father?
answered on Jul 13, 2023
It depends on whether the will states that your FIL's estate will be divided per stirpes or per capita between his sons. Per stirpes means that your deceased husband's shares will pass to his heirs. Per capita means that your BIL will inherit everything.
Per stripes is more common.
My adopted dad signed over the house and land to my sister which was his biological child and she didn't even tell me that my dad passed away and she told family it was because she didn't want to have to go through anything with me for the home and land is there anything I can do
answered on Jun 22, 2023
If your dad was of sound mind when he did this, then there is little you can do. If it was done using a power of attorney, then the transfer is presumed void. You should probably pay for a consultation with an attorney to see what they think of this before proceeding.
Last Fall of 2022, I hired a local law firm to aid in my case of parental termination of my son's Father's rights. The other parent has been absent since 2013. They have not paid any child support, they have not made contact. The problem is that the case is from a different state to where... View More
answered on Jun 14, 2023
You may need to find a new attorney before getting the retainer back as that will likely be contested.
If the attorney refuses to provide a reasonable basis to keep the retainer, you may consider lawsuit in small claims or see if the bar association has a fee dispute process.
answered on Apr 27, 2023
This could refer to North Carolina General Statute, Chapter 7B, subpart 906. If you plan to represent yourself in a legal matter, you might consider at least consulting with an attorney who can help point you in the right direction.
Client is going to family court for child support, and he is not sure how to proceed, he had asked me to come to court to speak on his behalf and help fight the child support. Am I able to do this?
answered on Apr 13, 2023
Unlicensed practice of law can constitute a criminal offense. Before attempting to assist someone else with anything legal (whether related to court or not), it's best to consult with an attorney to evaluate whether doing so would run afoul of the law.
answered on Apr 9, 2023
You might start by contacting an attorney who handles estate/probate law.
She is 16 years old. I am 28 and married. I have a 2 bedroom apartment. My parents are willing to let her go, just not to me. I want to be able to register her in school here in NC. What can I legally do to help her. She is being abused and neglected. CPS has already been called, but my parents... View More
answered on Apr 7, 2023
You may want to speak with attorneys who practice in Georgia. Although there's always room for exceptions, the laws of the state where the child resides usually govern.
He used marital funds to purchase equipment for the business, and I have copies of the checks verifying that. On the financial affidavit, he claims that the business started after separation and he used his own money. Can I use the checks to verify that his business started before separation? Is... View More
answered on Oct 11, 2022
Seems like the answer could depend on when the business entity (if there is one) was actually formed. If it wasn't formed (created) with the Secretary of State until after you separated, then there is an argument that the business wasn't marital. However, if that is the case, then you... View More
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answered on Oct 3, 2022
Until the divorce is finalized your wife has an interest in the property and would have to sign any deed.
answered on Sep 20, 2022
Unfortunately, you likely aren't going to get a clear answer on this type of forum. I would highly suggest that you DON'T try and handle your pre-nup on your own, and instead at least consult with a local family law attorney. I will say that the pre-nup might not have much that is... View More
All debt in my wife’s name and we are divorcing. If I am responsible for 50% of marital debt and she is filing bankruptcy, how do I file for my half of the debt if it’s not in my name?
answered on Sep 19, 2022
I had this issue in a case in Oklahoma, involving a Colorado bankruptcy, and a Florida divorce.
Your divorce decree/property settlement agreement most probably allocates responsibility for the marital debts, and that is what includes you as a responsible party to the debt. But your... View More
answered on Jul 25, 2022
A great place to start is with the North Carolina Bar Association Lawyer Referral Service. LRS member lawyers make themselves available for a one-time meeting at a reduced rate, charging a fee of no more than $50 for an initial 30-minute consultation.... View More
I asked my ex-husband if he could watch our two kids on July 13 when I go out of town for work (a day trip). He told me no, that he would do nothing extra. He will only see them every other weekend and every other Thursday for dinner. I asked about his two weeks in the summer that is in the child... View More
answered on May 25, 2022
No, there really isn't.
The court CAN'T make someone care more about their children, or want to have additional time with them. I suppose it is possible that you could rework your custody schedule so that he has 124 overnights per year (which would change his child support... View More
I believe she is either severely depressed or has the beginnings of dementia
answered on May 11, 2022
If you think that your mother can no longer care for herself, then you need to file for guardianship of your mother. This is not a simple process and I would encourage you to get the help of a local attorney.
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answered on Apr 29, 2022
Hire a NC attorney to search the title. It is very possible that both of you owned as Tenants In Common, such that her issue take her one/half interest as Heirs.
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