North Carolina Q&A by Practice Area
North Carolina Questions & Answers
Q: I recently purchased a new home for rental purposes and asked the builders agent why the previous buyers had not closed
I asked the builders agent twice and I was told it simply did not work out for them. I believe there was an affirmative duty to tell me if anything involved a defect with the house, so I assumed it was a problem with loan qualifying. I had studied the radon maps for this county in NC and did not... Read more »
Stop listening to the nosey neighbors--who probably do not want you to purchase the home because you are planning to rent it out. Happens all the time.
Bottom line: You will be unable to do anything about the alleged radon problem--and apparently unable to sleep--unless and until you find... Read more »
Q: My brother in law is have an situation with his child mother. He wants to get custody of her. What should he do?
The mother contact the family in October tell us that she need the child to come here because they we're homeless. Now she is wanting to move back to Washington to live couch to couch again. We want to make sure we stay in contact with her because this is not the first time the mother has been... Read more »
You need to consult with a local family law attorney regarding establishing custody.
Q: My sister and I bought property in NC together. The deed reads as "Joint tenants in common with right of survivorship"
My sister and I bought property in North Carolina together. An attorney filed the paper work and the new deed reads "Joint tenants in common with right of survivorship". I understand (matches the situation exactly) the "joint tenants in common". I understand that the ROS keeps the property out of... Read more »
The spouses would not inherit, because the property would pass to the survivor and only the survivor's spouse would inherit (maybe). I say "maybe because I've never of "joint tenants in common with a right of survivorship". It's "tenants in common" or it's "joint tenants with a right of... Read more »
Q: my boyfriend has had full custody of his daughter for 3 years but still owes back child support can it be cancelled?
He should have filed a Motion to Terminate the Child Support. If he didn't, he needs to ASAP. Anything that was owed before he got custody, he still needs to pay, unless the other party waives the right to receive it (in the form of a Consent Order).
Q: Can I leave my 16-year-old son home alone for several nights with food, phone and people checking in on him?
You can, but if there if there is someone he can stay with, that might be a better idea. It also depends on his maturity level, and how and how often someone would be checking in, how far away you are going, and whether he knows what to do in an emergency. If he has another parent or someone close... Read more »
Q: There are 6 heirs .My parents passed away and I have filed for my as I there doctors say I'm disability but want pay me
Until the estate is settled I thought I can't sell my part if the other5 heirs want let me what. Can I do to get my money I need
Hello,
Feel free to contact me at 919-348-9211 or evan@lohrnc.com. I think I can help you but need more details.
Thank you,
Evan Lohr
Attorney
Q: My boyfriends ex wife will not allow their children to have any contact with him verbally or physically. Is this legal?
My boyfriend and his ex-wife are separated,but are not divorced as of yet. Hey do you have a mediation appointment set for the first week of August. There is no court order or motion for anything in regards to custody, child support, or alimony. But what we have looked up, he still has equal... Read more »
It is legal if she has good cause. However, likely she does not have good cause and is just using the children as a way to be vindictive. If she does not have good cause, doing what you describe her to have done will make her look bad in court and may also be a crime. Your boyfriend, needs to... Read more »
Q: If executor of estate/will does NOT inform 1 of 3 heirs of estate is that illegal?
I've not been informed of estate sale(date) but everything in house is gone. Found out from friend car sold but I've been told nothing. Is this legal? The other 2 heirs are my sister and her son. Sis is executor. What is my recourse on this? Is this breach of contract?
If the executor has been appointed by the clerk of court and probate opened, then an inventory of the property should be filed along with periodic accountings. Please feel free to contact me if you'd like to discuss further.
Thank you,
Evan Lohr
Attorney... Read more »
Q: i only make 1000 dollars a month i cant afford a lawyer who can i talk to about getting a divorce pro bono
i have not been with this woman for over 30 years we have 1 child and he is grown
The only way you will save money doing your own divorce id if you are indigent (extremely low or no income) and eligible to have court cost waived. You may not qualify. However, if you make a $1000 a month - you can afford us. Visit easyncdivorce.com to see if our service is a good fit for you.... Read more »
Q: Good morning, I would like to know how to obtain a legal separation in North Carolina.
My wife left me on 01/04/2019. Whereabouts unknown.
Legally, you are already separated. If you are looking to have a Separation Agreement which addresses all other outstanding issues relevant until you can get your divorce, you'll need to find her. Otherwise, you can file for divorce on January 5, 2020. Once the divorce decree is entered however... Read more »
Q: Hi there, if a NC company owes payroll taxes and goes into bankruptcy, do the payroll taxes have to be paid first?
this company has many other liens, so the question is whether the payroll taxes have superior lien status
The payroll taxes are a priority debt which cannot be discharged and must be paid ahead of allunsecured claims.
Q: Can you sue a doctor for delayed care? It was about 12 hours before giving antibiotics, for a infection after surgery.
It would be difficult for a North Carolina med mal attorney to give you a legal opinion based on these limited facts. It's likely they would want to review the medical file and consult with their medical support staff or outside experts, depending on the complexity of the surgery. As a starting... Read more »
Q: I have had my cousins son since April 13th in NC, she lives in MD. Which state do I need to file legal guardianship?
The child is 2 years old. His mother and father let him stay with me bc if their living situation and both being on drugs. Do I need to go to MD and file with the courts or can I do that in NC?
You can file in MD now, or wait until October 14th and file in NC. If NC, you would be filing for Custody (not guardianship). The parents can sign a Consent Order for Custody, which will give you what you need to take care of the child, and if their situation changes, they can file to have custody... Read more »
Q: Ex wife and I got divorced while she was pregnant and didn’t report it on the divorce papers. Do I have rights?
If the child was not yet born, you are not supposed to 'report' it on the divorce paperwork. As to rights, if you are the father - you have rights. You may have to assert your rights but you do have them.
Q: Is an attorney required to add my daughter's name to the deed to my personal residence in North Carolina?
If an attorney is not required to draft and file the deed, how do I go about doing it myself? Thank you.
If you feel confident that you could execute on the task without the aid of an attorney, at least in New York, you would be free to do so.
Q: I was talking with a coworker of mine who is going through a similar situation as me with putting my son’s father
on child support. She said that he can go to court to get joint custody. I don’t understand. How he could think to do that when he’s not even around our son, he’s with me all the time. I asked my mother about this and she said that he could. My question is even with child support going... Read more »
Yes. He can file for custody. Joint custody is not something you can "opt out" of having to do, if the court orders it. He can ask for joint custody at any time, even if he is not asking for it now.
Q: If court order says that the father has temp. custody. And the child is living in grandparents home can I get her back?
Are you the father, mother, grandparent, etc.? Is CPS involved and if so, did they have the child placed at the grandparents' home?
Q: I think my husband is trying to get me for abandonment and child custody. What should I do?
Husband is in family home after work with children until I come home after work and a beer at my apartment. He made it impossible for me to stay there. I got apartment to get away from him yelling at me and all the arguing. I always sleep at home with my husband and children. My husband is starting... Read more »
It is fine that you got an apartment; however, it sounds like you need to file for custody as soon as possible. There are other things you can do to protect yourself and the evidence which you will need for your case. Consult a separate attorney about how best to go about this, if your current... Read more »
Q: Can my son mother be held responsible for her 14yr niece getting pregnant by a 21yr living under the same roof?
So my sons mother had her 14 year old niece living with her and my sons mothers boyfriend let his bestfriend stay there as well who was over 21 years old and ended up getting the 14 year old pregnant and they all knew they were "dating" or messing around under the same roof. She ended up having to... Read more »
She could if she knew it was happening, and she let is happen in her home. Additionally, her children could be removed from her care.
Q: I'm divorced & i moved out for the 1 year separation. The house & deed is in my name only. How do I get my ex husband
Out my house?
I am assuming you did your own divorce because the way you are describing things is not typical. If the house is in your name only, why were you the one to leave to start the separation period? And if you are already now divorced why was this issue not resolved during the divorce? At this point,... Read more »
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