Just before my father passed, he and I set up a savings account online with me as a joint owner.
We neglected to add me on the checking account.
The day after he passed, a check auto-deposited in the checking account. Thinking I was joint on both, I transferred the money to the... View More 
answered on Apr 18, 2022
The funds in the checking account at the time of death are part of your father's estate. Because this money was transferred after death, it becomes much harder to determine the ownership. To access the account, you will have to go through the probate process and be appointed the personal... View More
My grandfather died without a will and he owns the house and has a sizable bank account not in my name. He has no heirs other than me. What do I need to do to get them in my name. I was adopted by my biological grandma and he was married to her the moment she passed away and continued to raise me.... View More
answered on Apr 14, 2022
There are a couple of questions that will need to be answered before I can give you specific advice. Did your grandfather adopt you as well? And second, are you biologically related to your grandfather? If you can answer yes to either of those questions, you can likely get his assets transferred to... View More
My son wants to be involved , but wasn’t allowed to sign birth certificate and is at the mercy of the teenage moms schedule as to when he can see the baby. He is also only allowed to see the baby at her house when it’s convenient for her. My son is so afraid of upsetting the mother that he... View More
answered on Apr 13, 2022
If he can't access the child, he won't be able to get a paternity test, without a court order. He could (through you as his "guardian") file for custody/visitation of the child, and then it would be up to the mother to prove that his is not the father. Once he has access to the... View More
If my husband is willing to give me half of his 401k currently not date of separation can he do so?
answered on Apr 7, 2022
You can agree to any sort of division - whether such a division or more or less than what a court would do by following the statutes. So long as y'all are happy with it, then you can be as creative as you want. Obviously you will want to make sure that the paperwork is property drawn up and... View More
My ex-husband and I officially divorced in January of 2022. We have two children, aged 10 and almost 5. He's gone from being a very cooperative co-parent to a unreasonable co-parent in a matter of 2 weeks. He is now trying to tell me that my children are not allowed at my house because I live... View More
answered on Mar 8, 2022
Is there a custody order? Without a custody order explicitly barring either party from exposing the minor children to persons you are dating, there shouldn't be anything stopping you from dating who you want to date and acting in the manner you seem to do doing. That said, there does need to... View More
i will be 18 in december and i want to move out but i will still have 1 year of high school left. my parents told me i couldnt move out till i graduate. do they have the right to keep me from moving out until i graduate even tho i will already be 18.
answered on Jan 24, 2022
You legally can move out since you are 18, but if you do, your parents could easily stop supporting you, so this is a decision you will have to think carefully about.
Long story short: He sexually abused my daughter, threatened to kill me over a misunderstanding, has been convicted (juvenile), is on probation in a sex-offender treatment facility for the last year and a half, and will turn 18 March 24th of this year. He already told me he will most likely... View More
answered on Jan 20, 2022
If you think he will harm your daughter again if he returns, you CANNOT let him back in the home. You may need to contact Child Protective Services, and let them know the situation. Perhaps they can find a foster home for him. Financially, you and his father are still responsible for him. CPS may... View More
We also have a 10 yr old child. I want him to leave the house.
answered on Jan 20, 2022
You can leave the house anytime you want. You will still be liable to pay the loan, however. If there is a substance abuse issue, there are other ways to force him to leave (if the right facts apply). Consult with a family law attorney about your options, and take that opportunity to have a... View More
answered on Jan 11, 2022
It will depend on the exact terms contained in the Separation Agreement, but you would likely sue this person for a breach of contact (the agreement itself). Your agreement should have specific language setting forth what the remedy for breach is, and whether you would be entitled to recover any... View More
This was my son's choice. He has since sent my son to live with his ex and will not allow him back in his house to live. I want to bring him home to Louisiana. Can I just go get him and is this legal for him to do? My son tried to go back home to his house on Sat and was told he could not stay... View More
answered on Dec 7, 2021
The answer to your question depends if there is a custody order in place. Both parents are required to follow any Court orders. If one or both parents wish to change the order, a motion needs to be followed with the Courts. If both parents are in agreement, a consent order signed by both parents... View More
answered on Dec 6, 2021
Any lawyer can assist with an estate, however, I would advise hiring one that specializes in estate planning/probate.
She is 17 years old and we live in NC. She wants my last name. Her dad will not sign, can we do it without his signature. He pays child support and sees them 4 hours a month. She will be 18 in May
answered on Dec 6, 2021
While it is possible to file for the name change now WITHOUT the signature of the father, the process becomes slightly easier after a minor turns 18. And since that is coming up relatively soon, I would suggest that she consider waiting. But again, it is possible to do now although there are some... View More
We share 50/50 but he no longer carry’s insurance on them due to he can’t afford it and he doesn’t pay child support due to it being 50/50. But me and my husband pay for everything!!!!!! All I wanted was for him to continue paying there insurance. He constantly says if I ever take him to... View More
answered on Nov 18, 2021
Your case is one that any answer I give is going to be incomplete and somewhat inaccurate, and for that reason I would suggest you consult with a local family law attorney.
I would be shocked if he has a viable alienation of affections claim. He isn't going to be able to rely on any... View More
My father, grandmother, and a few other family members heard him say first hand it was meant for me before he died
answered on Nov 15, 2021
Unfortunately what you are describing is a gift and a gift is not complete until you receive it. Since the handgun was never transferred over to you you never received the gift. If there are no other facts this is how a court would view this matter.
She only let's me see them when it's convenient for her. When she has them there's no arguing. When I have them she constantly texts me when will she get them back and wants to argue. I'm tired. What are my rights as a father or do I have any?
answered on Nov 3, 2021
I'm not aware of any probono divorce lawyers, if that is what the question is asking about. There are pro bono programs for domestic abuse victims, but they usually stick to getting a restraining order and do not touch the divorce items.
While rare, there are some law firms that work... View More
Lied on je preformed torts against and hot custody of my daughter snd he is not her father
answered on Oct 25, 2021
If your child is 16 and not emancipated, she is considered a "minor". Therefore, she does not actually "own" (legally) any of the items in your possession. On the other hand, if she wishes to return to your home, she can (and should, under the law) be allowed to do so - she is... View More
He has paid rent the last two years. We told him last November that his deadline was August 2021. He hasn't left yet. We live in Florida.
answered on Oct 18, 2021
You are going to have to file a motion for summary ejectment, and one of you is going to have to come up to NC for the court date.
answered on Oct 10, 2021
Yes, you can send them interrogatories (questions), requests for admission, and requests for production without having a lawyer. Essentially, you are your own lawyer.
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