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North Carolina Questions & Answers
1 Answer | Asked in Bankruptcy for North Carolina on
Q: How do I find the final result of my claim? I have the case number.

This is in reference to Daewoo motor america bankruptcy case from 2003 I have a claim in the case. I just want to know if there is a monetary decision to my claim.

Cristina M. Lipan
Cristina M. Lipan answered on Mar 23, 2021

Looks like this was case number 2:02-bk-24411-BB (aka 02-24411) filed in the Central District of California 5/16/02. A plan was confirmed 10/8/03 and the case was closed 5/23/14, which means any payments for claims were already paid a long time ago. The deadline for filing claims was 11/18/02. If... Read more »

1 Answer | Asked in Land Use & Zoning for North Carolina on
Q: My father and his siblings are selling land they inherited jointly; sitting adjacent to and on a small portion of the

Land sits the family church they allowed to be built giving them a parking area and a small yard and a fence to divide properties. This was done 40 years ago. The family found a buyer who had land surveyed & decided to buy. They close this week but the buyer now says he wants to remove fence... Read more »

Ben Corcoran
Ben Corcoran answered on Mar 23, 2021

No adverse possession does not apply because the church had your permission to use the land. Adverse possession requires that it was being done against your family's wishes.

My advice is to sign a long-term lease with the church, and then the buyer would take the land subject to that lease.

2 Answers | Asked in Estate Planning for North Carolina on
Q: My father is getting married again. He does not want to change his will he wants it to stay the same.

The new wife says she does not want any of the things he has before her.

But the children wants her to sign something stating that she will not have life time rights to the house or land.

The house property and bank accounts life insurances are willed to children and grand... Read more »

Charles Evan Lohr
Charles Evan Lohr answered on Mar 22, 2021

They will both have to sign a pre-nuptial agreement. That is the only way to get her to waive her rights to the spouse allowance and elective share.

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1 Answer | Asked in Real Estate Law for North Carolina on
Q: We bought a wooded lot from neighbors and discovered their sewer line runs onto our property 10 feet from survey line.

We have asked verbally for sewer line to be moved onto their land. How can we force this sewer line to be moved before the new owners take possession and claim it isn't their problem??

Ben Corcoran
Ben Corcoran answered on Mar 22, 2021

Depends on how long the line has been there and what the respective deeds say. I would advise hiring a local lawyer to look into the situation and give you a better opinion as to your option.

1 Answer | Asked in Probate for North Carolina on
Q: What's the best way to locate or confirm the contents of my late fathers will if his 2nd wife isn't cooperating?

I don't even know if there is a will, but I want to try to get access to it. I don't think he has a physical copy, but his 2nd wife is being irrational and won't let us look for one.

Ben Corcoran
Ben Corcoran answered on Mar 22, 2021

Hopefully, it was filed for safekeeping at the local clerk of court's office. I would check there, they will not let you look at it until it is probated but they should be able to tell you if they are keeping one for him.

1 Answer | Asked in Personal Injury for North Carolina on
Q: Can someone sue me if I sell them a trampoline?

I have a brand new 15 foot trampoline still in the box that I bought from Walmart. If I sell the trampoline to someone, and if that person/family unfortunately suffers an injury while using the trampoline (on their property), can they sue me?

Rishona Peace
Rishona Peace answered on Mar 20, 2021

Anyone retains the right to sue but given the details as you explained, the short answer is that the buyer would not prevail in a lawsuit for personal injury.

1 Answer | Asked in Bankruptcy for North Carolina on
Q: Filled for a conversion from chap 13 to chap 7 and now I’m wondering if the 2021 stimulus will be taken by the trustee?

Lawyer saved our tax return and said even if they did try to take the money he could possibly save some of the money, my children need clothes and I have a third child on the way this money could help pay for a better car and diapers

Timothy Denison
Timothy Denison answered on Mar 20, 2021

Most trustees are not going after stimulus money.

1 Answer | Asked in Child Custody and Family Law for North Carolina on
Q: If my children reside in another state in order for me to fight for custody which state do I have to fight in
Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Mar 17, 2021

Assuming there is no custody case that has already been filed, you would need to file for custody in the jurisdiction where the children have lived for the past six (6) months.

1 Answer | Asked in Child Custody and Child Support for North Carolina on
Q: Can I file motion for discovery on a child custody case?

Father filed for child custody and support. We’ve had 50/50 since. Can I file motion for discovery to see what his plan of attack is going to be? I can’t seem to find the form.

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Mar 17, 2021

Yes, you can file discovery requests to seek relevant information to the case. However, there is no "form" for discovery requests, so it is something you will have to generate yourself (or more likely - pay an attorney to generate).

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for North Carolina on
Q: My father died with a will. He inherited land from my moms family. How do I separate my share from my nephews?

The land was not a part of the will. I do not want to have any financial connection to my nephew. I offered to buy him out, as he cant afford to pay the taxes on the land. He refused. I want to split the land so I can sell my portion back to my cousin who owns the land around my moms land and not... Read more »

Ben Corcoran
Ben Corcoran answered on Mar 16, 2021

If I understand this correctly, the current owners are you and your nephew. And your nephew wants to keep his portion of the land.

You really have two options, the first you have attempted, you buy out your nephew, but he has to agree to this option.

The second is that you file a...
Read more »

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Both parents died in 2012, the first of 2013 by sister verbally told me all property and contents were mine

She also stated she was never stepping foot on land again and was never speaking to me again. She has proved that by not paying any expenses. Can the deed now be put in mine name only. The property is in N.C.

Ben Corcoran
Ben Corcoran answered on Mar 16, 2021

Only if she and her spouse, if she is married, are willing to sign a deed transferring ownership to you.

The only other way to do so is by filing a partition motion with the court and buying it at auction.

1 Answer | Asked in Family Law, Civil Rights and Social Security for North Carolina on
Q: How do I get legal representation for a hearing if I am legally declared incompetent
Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Mar 15, 2021

It is not clear what type of hearing you are asking about. Typically the person who is your legal guardian can arrange for representation in a legal matter. If you are asking about getting legal representation for a competency hearing then you will be appointed someone by the Court - just tell them... Read more »

1 Answer | Asked in Divorce for North Carolina on
Q: I filed a pro se divorce in nc, i had hearing last Monday and Judge denied because i was missing a form. What do I do

Judge wouldn't tell me what form was missing or what i need to do next to finalize the divorce

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Mar 15, 2021

I could guess, but without looking at the file I have no idea what form you are missing. You will unfortunately need to consult with a local family law attorney about the status of your case. Perhaps you can just file the correct form and get a new date scheduled.

I can't speak for...
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1 Answer | Asked in Divorce for North Carolina on
Q: If the judge gave me another court date, do I have to start the process all over again? Due to the return receipt

the return receipt was not signed by my wife and I went to my court date and the judge gave me another court date, do I have to start the process all over again?

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Mar 12, 2021

From these limited facts, it would appear the judge gave you additional time to complete service upon your wife. If she doesn't sign the return receipt then you will not be able to proceed with your lawsuit (because she has not been served). I would recommend you pay the sheriff their $30.00... Read more »

3 Answers | Asked in Immigration Law for North Carolina on
Q: Is it required/allowed to file i539(on b2 visa) if wife and i will be filing AOS(adjustment of status)

Is it required/allowed to file i539(on b2 visa) if wife and i will be filing AOS(adjustment of status) through marriage based green card. Exipiration of i94(b2) is a about month away. What if there is a delay in reciept of notice, should we file for i539 just in case, before her expiration/before... Read more »

Agnes Jury
Agnes Jury answered on Mar 12, 2021

You are allowed to file I-539 on B2 visa but if you file for AOS BEFORE your wife's B2 stay expires then there is no need to file the I-539 because as soon as USCIS receives your application your wife's stay will be automatically extended until a decision is reached (or application is... Read more »

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1 Answer | Asked in Employment Law for North Carolina on
Q: My wife recently transferred to a new dept. She had mandatory training, if you missed more than 8 hours you would be..

terminated. She was hospitalized for a severe infection, missed a 6 days. They are now asking her to resign so she is rehirable in 60 days when a new job MAY be open. We are afraid she would be denied unemployment, if she resigns. They said they could also terminate with cause. Not sure the best... Read more »

Ina Shtukar
Ina Shtukar answered on Mar 11, 2021

Yes, if your wife resigns voluntarily, she will likely be denied unemployment benefits. Was her infection in any way connected to her employment? Is she able to work now? She could be entitled to workers' comp benefits. I am not clear why her employer is asking her to resign. This could give... Read more »

1 Answer | Asked in Nursing Home Abuse for North Carolina on
Q: If I have power of attorney over my mom can I sue the nursing home for medicine malpracice

In the state of North Carolina

Michael Brevda
Michael Brevda answered on Mar 11, 2021

This depends on the language in the power of attorney. However, most powers of attorney grant a broad array of powers, including the right of the attorney in fact to initiate litigation on behalf of the principal. Most of our nursing home abuse cases involving a still-living victim are brought by... Read more »

1 Answer | Asked in Consumer Law for North Carolina on
Q: Can an airline change a published price on the fly
Lynn Ellen Coleman
Lynn Ellen Coleman answered on Mar 9, 2021

Most likely, yes they can. There is always "fine print" associated with airline fares and they can charge different amounts based upon the time of day, day of the week, % of seats filled on the flight, etcetera.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: 4 Siblings own family estate 2 years after the passing. 2 won't to Sell and 2 refuse. What is the options

There is a small trailer park that the 2 have rentals and the collect rent. The other 2 do not

Ben Corcoran
Ben Corcoran answered on Mar 8, 2021

You file a partition motion and ask for the land to be sold and the proceeds split amongst the family. I would highly advise hiring an attorney to assist with this process as there are many steps that have to be followed in a specific manner.

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: My sister died 2/19/21. Her husband died 1/11/21. Both had wills. My sisters will left all to husband.

Since he died before her she left all to her children. She had no children. Who stands to inherit?

Charles Evan Lohr
Charles Evan Lohr answered on Mar 7, 2021

Her parents, if living, then siblings. Contact me at 919-348-9211 if I can help.

Evan Lohr

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