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North Carolina Questions & Answers
1 Answer | Asked in Estate Planning for North Carolina on
Q: I have a piece of land that was inherited from my father and he inherited it from his father. I have searched for a deed

but couldn't find one. I was told there wasn't a deed that it has been past down without a deed. I have been paying taxes on this piece of property for years. I want to have it put in my name, because there are things i want to have done and i can't do it because my hands are tied. I have to have... Read more »

Charles Evan Lohr
Charles Evan Lohr answered on Oct 4, 2019

If an estate was opened at the courthouse for your father and his father, then the estate file(s) would indicate how title to the land passed. If estates weren’t opened for either, then you would need to do that to obtain clear title. There are also a couple other options you may have.... Read more »

2 Answers | Asked in Family Law and Child Custody for North Carolina on
Q: Do I need a lawyer in my county or the county where the baby will be born to discuss and establish paternity?

I live in Oxford. The baby will be born in Jacksonville. We took a DNA test that states I am a 99% match. Neither parents are married and based on the results I wish to file for legitimation.

Angela L. Haas
Angela L. Haas answered on Oct 4, 2019

You can legitimate at child, by doing one of the following:

1. The child will automatically be legitimate and you will go on the birth certificate, if you and the mother are married prior to the child's birth.

2. You can file an action for legitimation at any time prior to the...
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2 Answers | Asked in Personal Injury for North Carolina on
Q: Where can I find the negligence per se torts for NC? thank you.

medical negligence

Tim Akpinar
Tim Akpinar answered on Oct 3, 2019

A North Carolina could provide you with the most thorough answer, but your question remains open for two weeks. As a general matter in all jurisdictions, negligence per se arises when the tort involves a violation of some law or regulation intended to protect the public. As an example, exceeding a... Read more »

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1 Answer | Asked in Immigration Law for North Carolina on
Q: Naturalization taking longer than usual

My wife and I applied for US citizenship back in Feb 2019. We had our bio-metrics done in a couple of weeks. Since then we have been waiting for a letter for an interview. Currently, the status says "We are taking longer than expected to process your case. You do not need to do anything at this... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Oct 3, 2019

It is hard to say. It could be the way you got your residence (asylum), but the fact is access to all benefits is inconsistent and taking longer than before. Each case is different, however, and there is nothing you wrote that would indicate any particular reason why your case would be taking... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for North Carolina on
Q: What to do about child visitation being refused unless work contract reimbursements are sent with child support in place

.

Amanda Bowden Houser
Amanda Bowden Houser answered on Oct 3, 2019

Your husband is the one allowing it. He needs to either hire an attorney and fight it out or comply. Those are his very simple basic choices. Have him pick one.

1 Answer | Asked in Military Law for North Carolina on
Q: Are there any lawyers available to that deal with military law

I'm a overseas contractor and my unit is forcing me to quit my current job.

Tim Akpinar
Tim Akpinar answered on Oct 3, 2019

You could search for lawyers on this site under that category. You could conduct your own independent search, or you could check with the North Carolina Bar Association whether they have lawyer referral resources in that area. Good luck

Tim Akpinar

2 Answers | Asked in Estate Planning for North Carolina on
Q: I was gifted a home in NC. I lived in home for 5 years as primary resi.

If I sale home not to exceed 120,000 and I am single do I have to pay tax on the capital gain or just report it?

Nina Whitehurst
Nina Whitehurst answered on Oct 1, 2019

It sounds like you both owned and resided in the home for the last 5 years. In that case you are entitled to claim the Section 121 capital gains tax exclusion of $250,000, so even if your basis in the home were zero, if you sell it for $120,000 you will have no capital gains tax to pay.

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1 Answer | Asked in Divorce for North Carolina on
Q: If my spouse is in prison in another state will I be able to send him the divorce papers through certified mail?

If my spouse is in prison in another state will I be able to send him the divorce papers through certified mail? The divorce is uncontested, will there be any additional paper work and any additional fees? I want to use easyncdivorce.com but I don't know if him being in prison will make the... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Oct 1, 2019

No. He will need to be served by Sheriff. Why are you bothering to do this yourself? For a flat rate total of $395 plus the cost of service by sheriff, we can do everything for you. Unless you are indigent (extremely low or no income) and eligible to have court cost waived - you will likely not... Read more »

1 Answer | Asked in Family Law and Domestic Violence for North Carolina on
Q: Can my daughter's ex take a DVPO oyt on me?And can he put my granddaughter on it?She lives w my daughter mainly.

My daughter has a child with a man that is my age.He was involved with her when she was underaged.My daughter left him and he met a girl and within a month he married her.His wife is on drugs and it is a fact even though she preaches her recovery.Anyways they move on the road I have lived on for 5... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 30, 2019

There are many ways to handle your daughter's ex - assuming you want to limit things to the legal ways. You should have a hearing on the DVPO and if you hire an attorney and keep your cool at the hearing, it will likely be dismissed and problem solved. So go consult with a local family law... Read more »

1 Answer | Asked in Criminal Law for North Carolina on
Q: I walk away and a female grabs my hair from behind and attack me. Why did I get charge when I defended myself?

The female slaps me four times and I walk away. Four blocks later she's still following me. I keep walking but yells for her to leave me alone. She grabs my hair from behind as I'm walking and attacks me from behind. I felt threatened for my life as she assaulted me four times already, so I... Read more »

Gary Kollin
Gary Kollin answered on Sep 30, 2019

How would I or any attorney be able to answer that when we have no more information than you do?

1 Answer | Asked in Divorce for North Carolina on
Q: How much is an uncontested divorce?

I got married July 6, 2015 and separated on April 2016. My husband is in jail in Georgia and I live in North Carolina. He said that he would sign the divorce papers, I don't have any children, property, etc. How much would it cost for an uncontested divorce including lawyer fees, sheriff fees,... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 30, 2019

It would be a total flat rate fee of $395 plus whatever it costs to have a Sheriff's deputy serve your spouse in jail - we would need to get a quote for you for that but for most states it is less than $100. Just visit our website at easyncdivorce.com to see if our service is a good fit for you.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for North Carolina on
Q: Can my dad legally kick me out of his house?

My parents are divorced and my father forced me to pack all my things and make me leave and go to my moms house. I have siblings still at his house and I want to go back but my father won’t let me. Is this legal?

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 29, 2019

As long as you have a safe place to go, yep, 100% legal. What in the world would make you think you get to dictate the rules in your dad's house?

1 Answer | Asked in Family Law for North Carolina on
Q: Is the Family Court Case coordinator an elected position? Or is it a hire with in position? Who is over them?
Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 29, 2019

This is a job within the court system similar to that of a social worker. It is not an elected position and is likely intended to be more of a way for the Court to relieve Judge's and Court Clerk personnel of the burden of having to directly deal with Pro Se filers. At this point, I believe only... Read more »

1 Answer | Asked in Divorce for North Carolina on
Q: My wife wants a divorce. I was told that moving out was the worst decision I could make, but in NC it's required.

What do I do?

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 29, 2019

Separating for at least one year is required to be eligible to file for divorce in NC. Generally separating requires at least one of you to move out but nothing says that it has to be you that is the one to move out. If neither of you has moved out yet, your best bet is to consult with an... Read more »

1 Answer | Asked in Landlord - Tenant and Probate for North Carolina on
Q: inherited property and step-granddaughter won’t move out.

My father passed two weeks ago and left all property/house to me and my sister. The house has already gone through probate. His step-granddaughter had been staying there for a short period before he passed and we have since asked her nicely to be out by today. We gave her two weeks from 9/14/19.... Read more »

Nina Whitehurst
Nina Whitehurst answered on Sep 28, 2019

Law enforcement rarely will evict a trespasser if it "looks" like she "lives" there. Even something as simple as her clothes in a closet will scare them away. You are going to need to hire an attorney to help you with an unlawful detainer action against her.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for North Carolina on
Q: I do apolojise as I am not that intelligent that is why I am looking for answers my daughter is 16 years old I took her

Phone away her boyfriends grandmother bought my daughter a prepaid phone without my approval legally can I take the phone away what is the law on cell phones and minors

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 27, 2019

Unintelligible means 'impossible to understand. I did not mean for you to think you are unintelligent. As to the phone, yes, you as the parent can control what property your child possesses. So you may take the phone from the child. However, you should return it to the grandmother.

1 Answer | Asked in Family Law for North Carolina on
Q: Is this legal?

I live in the state of Nc. I was with my ex for 2.5 years. Never married. We adopted a dog together but the paperwork is in his name only. When I left the house (almost 30 days ago) he said in front of two police officers that I was allowed to take the dog with me. He is now emailing me that I have... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 27, 2019

Maybe you have a case but why bother? Just give up the dog, go adopt a new one and move on. Otherwise, you are likely just playing into his plan to screw with you over a dog.

Q: I live I north carolina my daughters boyfriend grandmother bout here a cell phone she will not give it to me what's my
Kevin E. Flynn
Kevin E. Flynn answered on Sep 27, 2019

I am sorry, this is not a patent law question. Perhaps you thought the category was paRents instead of paTents.

Good luck in resolving your situation.

Kevin E Flynn

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1 Answer | Asked in Traffic Tickets for North Carolina on
Q: If my ticket doesn’t have any boxes checked off for whether I have to appear in court or not, What do I do?

I was pulled over for “failure to stop at a stop sign” and on the ticket, none of the back portion of it is filled out. Doesn’t tell me whether I have to appear for court or not.

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 26, 2019

Do yourself a favor and just hire the cheapest traffic attorney you can find and be done with it.

1 Answer | Asked in Employment Discrimination and Employment Law for North Carolina on
Q: I was off the schedule to work and they tried calling me into work, they are threatening to fire me if I don’t come in..

Is this legal?

Kirk Angel
Kirk Angel answered on Sep 25, 2019

Yes, they can fire you if you do not come in. You would not have a legal claim unless you were out due to something like jury duty, military service or FMLA.

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