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North Carolina Questions & Answers
2 Answers | Asked in Bankruptcy, Estate Planning and Collections for North Carolina on
Q: When being pursued for a debt outside of bankruptcy in NC, is the vehicle exemption doubled when married.

The vehicle is jointly owned with rights of survivorship.

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Apr 12, 2022

The debtor spouse can exempt (protect from creditors) up to $3,500.00 equity in one motor vehicle. For a jointly owned vehicle, you take retail value (not trade in), subtract any outstanding liens, and divide the remainder by two. If there is any "wild card" exemption remaining, up to... Read more »

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1 Answer | Asked in Real Estate Law and Construction Law for North Carolina on
Q: If a home has 2 dogs which are constantly outside, do they need a fence between our houses? Legally speaking.

We have issues with our new neighbors as their fence is between our properties and its in a very bad shape, their dogs constantly pushing the boards towards our yard and we're worried they will end up yet again in our yard as they already did before. No civilized communication is possible with... Read more »

Ben Corcoran
Ben Corcoran answered on Apr 11, 2022

Without research into your local ordinances and codes, I can't answer whether or not a fence is required. But I would be surprised if it was. However, failure to keep the dogs on their property would likely be considered a trespass and could be punished under criminal or civil sanctions.

1 Answer | Asked in Bankruptcy, Estate Planning, Civil Litigation and Collections for North Carolina on
Q: If I received fair market value to execute a new deed adding wife, can the transfer be reversed as fraudulent in NC?

I dont want to claim bankruptcy and my only goal is to protect the house. I am being sued by an unsecured creditor. I executed a new deed a year ago and my wife gave me $12,500 out of her 401k for repairs. Can this be considered fraudelent by a judgement creditor? I believe this to be fair market... Read more »

Timothy Denison
Timothy Denison answered on Apr 7, 2022

Nothing you said jumps out at me as fraudulent. You have the right to do exactly what you did.

1 Answer | Asked in Family Law for North Carolina on
Q: In NC you get half of your spouse’s 401k up yo the current date. I have been separated for 17 months.

If my husband is willing to give me half of his 401k currently not date of separation can he do so?

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow 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... Read more »

1 Answer | Asked in Estate Planning, Foreclosure and Real Estate Law for North Carolina on
Q: My dad passed away and was paying a mortgage, his brother lived there. Does the house go to us or the brother?

original family home relatives lived there didn’t pay mortgage, house went into foreclosure my dad bought it out of foreclosure and started paying the mortgage and lived there with his brother. My dads brother didn’t pay anything and now says house is his, everything was in my late fathers... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Apr 7, 2022

Did your father leave a will or not? You need to go open an estate for your father if one has not already been opened. If the deed was only in your father's name, the house passes to whomever he left it to in his will, or if there was no will, it passes to his heirs. If there is no will and... Read more »

1 Answer | Asked in Uncategorized for North Carolina on
Q: Wife died months ago. The house we purchased together. I just paid it off. Her daughter claims she is going to take it

I recently told her I wanted her out of the house. She says that she can take it from because I signed a paper stating when me and her mom died she got the house. I just want her and her man out of my house so I can have some peace.

Ben Corcoran
Ben Corcoran answered on Apr 5, 2022

Without seeing the documents in question I don't know for sure, but it sounds like you are likely the sole owner of the house and you can evict your daughter whenever you want.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for North Carolina on
Q: My father died last year and assigned his house over to me legally before he died. However, he did not leave a will

How can I get the vehicles off my property with out trying to take claim of them through becoming an administrator of his estate or possibly doing an mvr-317? Can I try to get an abandoned title since they have been on my property longer than 30 days? Can I just have them hauled off at worst? What... Read more »

Ben Corcoran
Ben Corcoran answered on Apr 5, 2022

A bond for this small of an estate would be pretty small, additionally, if you are on good terms with your family they can waive the bond. This may be the best way to handle the matter as it will be quicker. Alternatively, you can apply for an abandoned title. Most scrapyards require you to show... Read more »

1 Answer | Asked in Traffic Tickets for North Carolina on
Q: Got pulled over doing 71 in a 55, can i appeal for a reduction?

Hi, i was pulled over doing 71 in a 55. When his lights turned on i immediately looked at my speedomte and mine said 69. He was also hidden, it was a back road that was pitch black that i have only ever driven on once before, and in the pitch dark out of nowhere his lights turned on and he pulled... Read more »

Ben Corcoran
Ben Corcoran answered on Apr 5, 2022

While I don't know what Wiliminton's DA's policy is, it is highly likely that if you hire a local attorney they can plea the ticket down to a level that will not affect your insurance. Generally speaking this costs somewhere between 100-150 and then you have fines and court costs on top of that.

1 Answer | Asked in Immigration Law for North Carolina on
Q: Can I stay longer in USA with visa J2
Agnes Jury
Agnes Jury answered on Apr 4, 2022

More information is needed to answer your question. Best to do a consultation with an experienced immigration attorney because they will have many questions before they can give you an answer. Best wishes!

1 Answer | Asked in Divorce for North Carolina on
Q: In state of nc I am separated for 17 months now. Can I only get half of assets before date of separation?

Can I fight for half of everything to the date we file separation agreement? Specifically everything in our joint bank account and current amount in my spouses 401k.

I have not worked in 16 years am not currently working and would like half of 401k currently not 17 months ago

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Apr 4, 2022

Decent bit to unpack here.

You used the term "separation agreement," but also mentioned that you would "file" this document. A separation agreement is a contract between spouses, and typically isn't filed with the court. As it is a contract, the parties can agree...
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2 Answers | Asked in Bankruptcy and Collections for North Carolina on
Q: What is a creditor's next move after they get a judgement against me? I live in NC.

My house is protected by TBE. My wages are protected from garnishment. I bank in a Deleware only Bank. I have 2 jointly owned cars. One with a loan equal to the value. The other has equity but is equal to the amount protected by state law. I have hardly any possessions. Nothing worth anything.

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Apr 3, 2022

The next step is the creditor serving you with a "Notice of Right" to have your exemptions designated. Youw ill have 20 days after the date of service to file your "Motion To Claim Exempt Property" to claim your exemptions. There are no extensions of time allowed for this and if... Read more »

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2 Answers | Asked in Bankruptcy and Collections for North Carolina on
Q: Can a Trustee make you have your home appraised if you are filing bankruptcy but not including your home?

And can they (the Trustee) also have your home appraised?

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Apr 1, 2022

When you complete your bankruptcy Schedules, which ask you to list every conceivable asset you have, and you sign them under penalty of perjury, it is not possible to "not include" your house.

A debtor's opinion of its value is generally admissible as proof of value, to be...
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1 Answer | Asked in Estate Planning for North Carolina on
Q: I thought a widow of someone who dies would be apart of that persons estate.

was told today that the children are the only Heir.

In 2019 the elderly mother died with out a will, then in 2020 the adult son, of the mother, died with out a will and in 2021 the elderly father died without a will. there is a surviving widow to the son, and three adult children to the... Read more »

Ben Corcoran
Ben Corcoran answered on Apr 1, 2022

Without seeing everything, it is possible that the son did not inherit anything. All of the mother's assets may have passed outside of probate to the father, so the son would not have received anything. Then when the father passed, the widow was not part of the father's estate. The three... Read more »

1 Answer | Asked in Real Estate Law for North Carolina on
Q: I had my apartment management tell me I can leave in 30 days and my lease isn't up, is this possible?

I never cause legal problems and I never missed a rent payment. he got mad because I told them they was rude and don't let people talk because they talk all over you. I never cursed at them because they are older. how can someone do this. he is allowing me to stay until the end of my... Read more »

Ben Corcoran
Ben Corcoran answered on Mar 31, 2022

Without seeing your lease, I cannot say whether or not your landlord is allowed to terminate your lease. Retain an attorney to review the lease and advise you on your options.

1 Answer | Asked in Collections for North Carolina on
Q: I executed a new deed adding wife a year ago in NC. Can an unsecured creditor of my wife attach a lien or sever the TBE?

The debt was incurred while we were married but before adding her name to the house. The debt is a credit card. I plan on settling with them but in the meantime I don't want our house to be in jeopardy.

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Mar 30, 2022

If the house is titled in both husband and wife names as "tenants by the entirety" or "as husband and wife", a judgment for money owed is not a lien on the property so long as the non debtor spouse is alive. Without seeing the deed itself, this is just general legal advice. If... Read more »

1 Answer | Asked in Bankruptcy, Foreclosure, Real Estate Law and Collections for North Carolina on
Q: I added wife's name to deed in NC a year ago. Can an unsecured creditor of my wife attach a lien or sever TBE.
Ben Corcoran
Ben Corcoran answered on Mar 30, 2022

Without reviewing the documents I cannot give a definitive answer, but as a general rule, a claim against only one party is ineffective against TBE in NC.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: How do I add myself to the deed of our home (in my wife’s name)? Located in NC

We purchased the home when we were engaged, but not yet married. I had bad credit at the time, so she bought the home in her name. Basically, we want the home to be treated as “marital property” with each of us equal co-owners entitled to half of the homes value.

Edit: We ARE married... Read more »

Anthony M. Avery
Anthony M. Avery answered on Mar 28, 2022

Have a NC attorney draft a Deed from her to you and her as Tenants In Common. Not marital property without marriage.

1 Answer | Asked in Civil Litigation, Gov & Administrative Law and Probate for North Carolina on
Q: Our 100+ yrs old family cemetery is kept by our assoc. What are rights re sale of property it's on?

We have a nonprofit family association. Land doesn't have deed. Widow of property wants to sell. What are our rights? Cemetery is in NC

Ben Corcoran
Ben Corcoran answered on Mar 28, 2022

Without reviewing the documents, I couldn't advise you on your options. Please contact a local lawyer to the property and have them review all the documents and give you a full legal opinion.

1 Answer | Asked in Criminal Law for North Carolina on
Q: What possible reasons could a nonviolent offender be denied Bond in Raleigh North Carolina.

The offender does have an extensive criminal record (non-violent). He is a felon and was charged with firearm by felon along with other drug charges last year. He still does not have a bond.

Scott Lippert
Scott Lippert answered on Mar 28, 2022

Without all the details it is hard to know. There are provisions in NC state law that allow for a "no-bond" to be set for defendants charged with drug trafficking, especially if there are multiple drug trafficking offenses pending against the defendant. In most instances, no-bond is a... Read more »

1 Answer | Asked in Insurance Defense for North Carolina on
Q: If an insurance company is in contract with a hospital in NC, can they balance bill for the rest of their charges?
Tim Akpinar
Tim Akpinar answered on Mar 25, 2022

A North Carolina attorney could advise best, but your question remains open for three weeks. As a general matter, it could depend on the terms of the arrangement between the hospital and the insurance company. But more information is necessary about the contract. Good luck

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