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North Carolina Questions & Answers
1 Answer | Asked in Tax Law and Social Security for North Carolina on
Q: I receive social security my only income.Have 401k which need withdraw from.How much can I withdraw without having to fi

File tax return.I get $1842 month from social security

James L. Arrasmith
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answered on Dec 25, 2023

The amount you can withdraw from your 401k without having to file a tax return depends on various factors, including your total income, filing status, and age. Since you receive $1,842 per month from Social Security, this amounts to approximately $22,104 annually.

For the tax year 2023, if...
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1 Answer | Asked in Car Accidents for North Carolina on
Q: I own 2 fully insured vehicles in NC. I accidently hit one in a parking mishap. why is my insurance is denying my claim?

Denial states that claims arising from ownership of both vehicles on the same policy that coverage is denied for repairs. Comp+Collision on both. Car was parked, unoccupied, while I was driving the other, a truck. My foot slipped off the brake pedal and crunched the car appx 45° angle on front... View More

Tim Akpinar
Tim Akpinar
answered on Dec 16, 2023

A North Carolina attorney could advise best, but your question remains open for a week. One would need to see the terms of your policy. Carriers do impose certain coverage exclusions for claims arising within a household. But that's only a generality that can apply in some places nationwide.... View More

1 Answer | Asked in Employment Law for North Carolina on
Q: Is it legal to terminate someone without providing a reason? Employee was never counseled positive or negative?
N'kia (NLN)
N'kia (NLN)
answered on Dec 15, 2023

North Carolina is an "at-will" state. This means that, generally, either an employer or an employee can terminate an employment relationship at any time and for any reason (so long as the reason does not violate the agreement between the parties and is not otherwise unlawful). It also... View More

1 Answer | Asked in Immigration Law for North Carolina on
Q: Is this qualifying relationship between two companies? Question around L1B visa

My question is around L1B US visa. I want to know if the below counts as qualifying relationship between the two companies in terms of sponsoring an L1B visa: There is a company group, let's call them BM Group. It has subsidiaries, two of them are R Group and BM Education Group. If I worked at... View More

James L. Arrasmith
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answered on Dec 15, 2023

In your situation regarding the L1B US visa, the key factor is the relationship between the companies within the BM Group. The L1B visa requires a qualifying corporate relationship between the petitioning U.S. company and the foreign company where the employee previously worked.

Given your...
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2 Answers | Asked in Gov & Administrative Law and Municipal Law for North Carolina on
Q: Is this a common practice among lawyers when it comes to charging fees?

The court ordered me to pay the post-hearing attorney fee. The court order explicitly specifies the amount of this fee. The attorney instructed me to simply write a check in his name for his fees and send it directly without providing any invoice or formal bill letter. As someone inexperienced in... View More

James L. Arrasmith
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answered on Dec 14, 2023

In legal practice, it's not uncommon for attorneys to request payment of fees directly, especially in smaller firms or solo practices. However, it is also standard practice to provide an invoice or a bill detailing the services rendered and the amount due. This serves as a formal record of the... View More

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2 Answers | Asked in Immigration Law and DUI / DWI for North Carolina on
Q: My friend has a DUI and has green card for past five years is it OK for him to travel abroad, will it affect his status.

Also is it safe to apply for his citizenship as its due.

James L. Arrasmith
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answered on Dec 14, 2023

A DUI conviction can have implications for a green card holder's ability to travel and apply for citizenship. It's important to consider the specific details of the DUI offense, as some convictions, particularly those involving serious harm or repeated offenses, may have more significant... View More

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1 Answer | Asked in Criminal Law and Immigration Law for North Carolina on
Q: CAN A PERSON WITH MISDEMEANOR LARCENY CALSS1 IN NORTH CAROLNA HAVING A GREEN CARD FOR THE PAST 5 YEARS TRAVEL ABROAD?

DOES THIS COME UNDER PETTY THEFT ECEPTION AS THE AMOUNT WAS $989 AND THE CASE HAS BEEN DISSMISSED AND GONE FOR EXPUNGE.

James L. Arrasmith
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answered on Dec 13, 2023

In your situation, having a green card and a dismissed misdemeanor larceny charge in North Carolina, you generally have the ability to travel abroad. However, there are a few important considerations to keep in mind.

Firstly, the nature of your charge and its dismissal can play a crucial...
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1 Answer | Asked in Elder Law, Estate Planning and Real Estate Law for North Carolina on
Q: In North Carolina can a nursing home come back and take a family members house at any point?How do we stop it?

Looking to buy my husbands grandmas house, she may eventually need to go into assisted living due to dementia

James L. Arrasmith
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answered on Dec 12, 2023

In North Carolina, a nursing home itself typically does not have the authority to "take" a family member's house. However, if your husband's grandmother eventually requires Medicaid to pay for her long-term care, there could be implications for her estate, including her house.... View More

1 Answer | Asked in Consumer Law and Collections for North Carolina on
Q: get default judgment dismissed for a credit card.im on SS & 69 ys old.can they put a lein. on my home

The card is about 1,900 i think.the home is all I have how do i do this w/out a lawyer

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Dec 11, 2023

If you were properly served with the Summons and Complaint, it will be impossible to set aside a default judgment. You can go to the Clerk of Court and ask for the court file to review. If the summons return says you were personally served by the Sheriff or someone who resided with you was... View More

1 Answer | Asked in Consumer Law, Criminal Law, Civil Rights and Communications Law for North Carolina on
Q: So if The person recording everything about a day is the only person knows that they're recording it still legal

My wife wants me to record everything that happens at work if I'm not on call with her, is that still legal if I'm the only person who knows that they're recording is there and I'm the only person consenting to it but no one else knows is that even legal

James L. Arrasmith
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answered on Dec 5, 2023

In North Carolina, the legality of recording conversations hinges on the state's consent laws. North Carolina is a "one-party consent" state, which means that as long as you are a party to the conversation, you can legally record it without needing to get permission from the other... View More

1 Answer | Asked in Employment Law for North Carolina on
Q: Is it a hipaa violation for my employer to post my excused doctors note for everyone to see?
N'kia (NLN)
N'kia (NLN)
answered on Dec 5, 2023

HIPAA applies to certain "covered" entities. Covered entities typically operate in the medical field or support other entities that operate in the medical field. But unless an employer is a covered entity, HIPAA doesn't apply. Also, when a covered entity violates HIPAA, it... View More

1 Answer | Asked in Consumer Law for North Carolina on
Q: Can a towing company legally hold my vehicle after payment is made, telling me they are appt only & can't get for 24 hrs

I paid the past due on my vehicle last wednesday, they refused to release my vehicle until today stating they had to make sure the payment wouldn't reverse. I was reassured by multiple people that I could get it back today only to get the release sent and now the towing company says oh our... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Dec 4, 2023

Unfortunately there is no law requiring a car lender to use a repossession company which is conveniently located. If the vehicle was damaged during the tow, you may have claims against the tow company for the amount necessary to repair - but you have to pay for the repairs yourself and then bring a... View More

1 Answer | Asked in Consumer Law, Business Law, Collections and Communications Law for North Carolina on
Q: Got a car from a "buy here pay here" lot. Made payments on time, but now after a year they keep texting me sayin Im late

I got a car for my son November 2022. All payments have been made, on time. But starting in December 2023, they keep contacting me saying I'm behind and and contacting me saying "if I need help making payments I can send a friend in and if they buy a car I will get $200.00". Is this... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Dec 4, 2023

Take proof of all of your on time payments to them and speak to them about this. To cover yourself, you could mail in the proof with a letter complaining about the situation and asking them to stop the unjustified messages (get a tracking number and pproof of delivery). The "help making... View More

1 Answer | Asked in Copyright and Intellectual Property for North Carolina on
Q: Can I put anime stickers from a photo editing application on pictures meant for onlyfans?

I'd like to post content to Onlyfans and add stickers from a photo editing application that are characters from anime shows.

James L. Arrasmith
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answered on Dec 1, 2023

Using anime stickers from a photo editing application on pictures you intend to post on Onlyfans can raise copyright issues, particularly if the characters are copyrighted material. Copyright laws protect the creators' rights to their works, including anime characters, and using these... View More

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: My dad's will was never executed probate never happened. He lived in NC, died in SC. Where would probate happen?

Passed in 2021, I just got a copy of the will. My sister was executor, I'm a trustee. My brother sold my dad's land right at 1/2 million, brother took money and bought land and home in brother's name one year before dad's death.

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answered on Nov 29, 2023

An unexecuted will cannot be probated. Apparently the Father's heirs owned the property. You will need a very good real property litigator in the County of the land to file ejectment, quiet title, etc. actions. All interested parties must be parties. However laches will probably prevent... View More

1 Answer | Asked in Consumer Law for North Carolina on
Q: Can I get Walmart to fix my car if after an oil change my engine messed up.

I got a oil change from Walmart on November 22nd in Virginia. On my way to North Carolina the 23rd, my car lost power on the highway and started making a knocking noise. I pulled over as soon as possible and after some looking around noticed that there was a gas smell coming from the oil. The motor... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Nov 25, 2023

You should not have it towed to a WalMart first. Instead, have the car examined by a mechanic of your choice first and if that mechanic believes an error with the oil change caused the issue, get that opinion in writing. Then, have the car towed to WalMart for inspection and provide WalMart with a... View More

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: If my spouse of 17years dies without a will and unmarried what am I entitled to

Unmarried spouse of 17 years dies suddenly without a will. He has a DBA business. After he died his brother helps my mom with arrangements. He ends up taking over the business. Out of good faith my mother hands him every title to every vehicle there is work vehicles included. Well one by one he had... View More

James L. Arrasmith
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answered on Nov 24, 2023

If your spouse passed away without a will, the distribution of their estate, including the business and assets, would be subject to the intestacy laws of the state where you reside. These laws determine how assets are divided among surviving family members in the absence of a will.

As an...
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1 Answer | Asked in Constitutional Law for North Carolina on
Q: 2009 was my last felony conv. & I have no violent ones on my record. When can I petition for my gun rights back?

I have no remaining convictions or obligations pertaining to any legal matters of any kind.

James L. Arrasmith
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answered on Nov 20, 2023

In North Carolina, individuals with felony convictions can petition to restore their gun rights, but certain conditions must be met. Since your last felony conviction was in 2009 and you have no violent felonies on record, you may be eligible to petition for the restoration of your gun rights.... View More

1 Answer | Asked in DUI / DWI for North Carolina on
Q: Say i left north carolina on probation for dui an they issued a warrant misdemeanor. Is there a statue of limitations on

I left over 10 years ago an not drank since but family emergency has me going back can the arrest me an lock me in prison for leaveing or is there a statue of limitations

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answered on Nov 16, 2023

The statute of limitations limits the amount of time from which they can issue a warrant or complaint (charge) in relation to the date of offense. Once they issue the warrant, the warrant could be renewed indefinitely, until you are arrested. Otherwise, everyone would do what you did and just leave... View More

1 Answer | Asked in Probate for North Carolina on
Q: Husband died in June 2023. Probate ofc said no estate necessary. Mail addressed to his "estate"-do I open or return?
T. Augustus Claus
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answered on Nov 15, 2023

If the probate office has determined that there is no estate, then technically there is no "estate" to receive mail. However, it is possible that there are still some outstanding matters that need to be resolved, such as closing bank accounts or canceling credit cards. In this case, you... View More

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