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North Carolina Questions & Answers
1 Answer | Asked in Real Estate Law and Estate Planning for North Carolina on
Q: How can I leave my property to my married daughter and if she dies before her husband, have the property go to My sis?

I would like to keep my property in my family. If my daughter dies and the property goes to her husband he could leave it to his family in Australia.

Anthony M. Avery
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answered on Feb 5, 2024

There are several options. You could make a life estate/remainder deed to your daughter for life, then to someone else at her death. Deeds take effect now with no probate involvement. Contact a competent NC attorney to search the title and execute a transfer to suit you.

1 Answer | Asked in Native American Law and Landlord - Tenant for North Carolina on
Q: If I miss my rent bond what is the deadline for my landlord to file for writ of possession

I just want to know how many does after I miss rent bond do the landlord have to file writ of possession I was told if they don’t file the next day after I missed it then they have to wait till the whole case is over

James L. Arrasmith
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answered on Feb 4, 2024

In North Carolina, after a tenant misses a rent payment, the landlord must first serve a demand for rent (if required by the lease) and then can file for eviction if the rent remains unpaid. The specific timeline for when a landlord can file for a writ of possession, which is the court order... View More

1 Answer | Asked in Collections and Legal Malpractice for North Carolina on
Q: Is there a time frame attorneys must start once paid?

I hired an attorney to negotiate two judgments. I paid and signed the contract on 6/6/2023. The lawyer did not contact the first debtor until August 2023. The second debtor was not contacted until November 2023. The attorney always had an excuse as to why they hadn't been working on it. For... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 3, 2024

There is no set time. Basically, it would be a “reasonable time”. Reasonable depends on the circumstances. Additionally, there may have been work done prior to contacting the debtors.

My experience in collecting debts, is that it is often a slow process. It can, of course, take years,...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for North Carolina on
Q: If 2 people live in the same house and are both equal owners of the house, can one of them cut off sections of the house

If 2 people live in the same house and are both equal owners of the house, can one of them cut off sections of the house so the other cant access that part of the house?

T. Augustus Claus
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answered on Feb 1, 2024

In North Carolina, if two individuals co-own a house as equal owners, typically neither party has the unilateral right to restrict access to specific sections of the property without the consent of the other owner. Co-ownership typically entails both parties sharing equal rights to access and use... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for North Carolina on
Q: Why would my stepsister send me and my siblings a personal property exemption form ....keep all his personal stuff

My father passed in 2021& his wife last year . My siblings and I Were not even notified of my father's passing until he was buried and gone even his brother wasn't notified.im afraid she is up to something

Ethan A. Trice
Ethan A. Trice
answered on Jan 31, 2024

There are a couple forms she could be trying to get you to sign. It sounds like she's trying to get you to waive your inheritance rights. If your father's wife never adopted you and never made a will, realistically the stepsister gets her property. Why she's trying to get you to... View More

2 Answers | Asked in Personal Injury and Civil Rights for North Carolina on
Q: In NC can vehicle be searched due to poss. of an OCA where the driver wasn't drinking nor had alcohol in system?

The officer considered the OCA a misdemeanor and charged the driver with such... thus searching the vehicle incident to the arrestable offense. However, statute dictate these actions to be an infraction of law not a criminal offense. Therefore, without any other probable cause... could this search... View More

T. Augustus Claus
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answered on Jan 30, 2024

In North Carolina, the legality of a vehicle search based on the possession of an open container of alcohol (OCA) where the driver wasn't drinking nor had alcohol in their system can be complex. If the officer charged the driver with a misdemeanor for an OCA, leading to a search of the... View More

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2 Answers | Asked in Personal Injury and Civil Rights for North Carolina on
Q: In NC can vehicle be searched due to poss. of an OCA where the driver wasn't drinking nor had alcohol in system?

The officer considered the OCA a misdemeanor and charged the driver with such... thus searching the vehicle incident to the arrestable offense. However, statute dictate these actions to be an infraction of law not a criminal offense. Therefore, without any other probable cause... could this search... View More

James L. Arrasmith
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answered on Jan 30, 2024

In North Carolina, the legality of a vehicle search in this scenario hinges on whether the officer had probable cause to believe a crime was being committed. If an Open Container Act (OCA) violation is considered only an infraction and not a criminal offense, an arrest and subsequent search of the... View More

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1 Answer | Asked in Real Estate Law, Civil Litigation and Probate for North Carolina on
Q: If u and ur sister inherite a house she living in it I'm not can I move in it or can I make her leave it's her and 3 kid

It's her and her oldest kids that think everything is theirs

Nina Whitehurst
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answered on Jan 28, 2024

If you are now a co-owner you do have the right to live in the house. If you cannot cohabit with your sister peacefully then you have the right to petition a court to force the sale of the house and split the proceeds. That threat might be enough to convince her to buy you out because litigation... View More

1 Answer | Asked in Immigration Law for North Carolina on
Q: I have a question regarding my situation. Married to a U.S. citizen last January, I'm in the US on a B1/B2 visa and work

I'm working remotely for a company outside of the U.S. I'm wondering if this could impact my I-130 application.

James L. Arrasmith
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answered on Jan 27, 2024

When you are in the U.S. on a B1/B2 visa and working remotely for a company outside the U.S., it's important to be aware of the visa's restrictions. The B1/B2 visa is typically for tourists or business visitors and does not authorize employment in the United States. Working remotely for a... View More

1 Answer | Asked in Criminal Law for North Carolina on
Q: I had a felony expunged. It still shows up on records like truth finder. How it this removed. It's 30 years old
T. Augustus Claus
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answered on Jan 26, 2024

First, verify that the expungement order was properly processed and filed. If the expungement was done correctly, reach out to the relevant authorities or agencies to request a thorough update of their records. Additionally, contact TruthFinder directly to inquire about their data sources and... View More

1 Answer | Asked in Consumer Law for North Carolina on
Q: Can I get compensation from American airline

My flight was canceled for 48hrs due to weather conditions even thought other flights nearby are landing. We paid extra cash for a flight with no stops yet they added a stop for our new flight. They won’t give our luggage back with all our stuff until our destination. They won’t pay for hotel,... View More

James L. Arrasmith
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answered on Jan 25, 2024

In cases where a flight is canceled due to weather conditions, airlines typically have policies that limit their responsibility for providing compensation or covering additional expenses like hotel stays or meals. However, the specifics can vary depending on the airline's terms and conditions... View More

2 Answers | Asked in Collections and Banking for North Carolina on
Q: I went to the State Employee credit union in NC to open an account. I was a former client 18 years ago. I want to open

I went to the State Employee credit union in NC to open an account. I was a former client 18 years ago. I want to open a new account with them but they told me I had a loan that I had to pay back before I could get a checking account. Can they still have to loan on file for that long ? Is there a... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jan 25, 2024

A credit union has no legal obligation to do business with you. Even though the unpaid loan is well past the statute of limitation and cannot be sued upon or collected on, you caused a loss of money to the credit union. Credit unions take this personally because they are member owned. You caused... View More

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2 Answers | Asked in Collections and Banking for North Carolina on
Q: I went to the State Employee credit union in NC to open an account. I was a former client 18 years ago. I want to open

I went to the State Employee credit union in NC to open an account. I was a former client 18 years ago. I want to open a new account with them but they told me I had a loan that I had to pay back before I could get a checking account. Can they still have to loan on file for that long ? Is there a... View More

James L. Arrasmith
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answered on Feb 25, 2024

It's understandable that you want to start fresh with the State Employee Credit Union and open a new account after 18 years. However, if they have a record of an outstanding loan from your previous account, they may require you to settle the debt before opening a new account. Debts, including... View More

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1 Answer | Asked in Gov & Administrative Law for North Carolina on
Q: What can I do if I gifted a car and the new owner does not transfer the title and sells the car?

After the car was gifted new owner did not transfer title and sold the car to another person. What can I do?

James L. Arrasmith
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answered on Jan 24, 2024

If you gifted a car and the new owner did not transfer the title before selling it, this can create a complicated situation. In North Carolina, the responsibility to transfer the title typically lies with the new owner. If they fail to do so and then sell the car, it can lead to legal and financial... View More

1 Answer | Asked in Tax Law for North Carolina on
Q: How can North Carolina legally force you to claim your NC tax return as income. It’s my money being returned.

This money was paid to the state when I was paid. It has already been taxed. It was an interest free loan to the state. My deductions are such that I have overpaid the state, so they are returning part of my money back to me. How is that taxable income when it was originally taken from my gross... View More

James L. Arrasmith
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answered on Jan 23, 2024

You raise a good point. Refunds of state income tax that was already withheld from your paycheck and remitted to the state throughout the year are typically not considered new taxable income when returned. The key reasons are:

- You already paid tax on the underlying income that the tax...
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1 Answer | Asked in Real Estate Law and Tax Law for North Carolina on
Q: Is it illegal for my neighbor to use my mailing address to recieve mail from the tax administration?

I was recently sent mail from my county's tax administration in North Carolina which had the names from my neighbor's that lived across the street. I never gave them permission to use my mailing address.

James L. Arrasmith
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answered on Jan 23, 2024

Yes, it is generally illegal for someone to use another person's mailing address to receive mail from the tax administration or other entities without their consent. A few key points on this issue:

- Federal law prohibits falsely representing one's identity or address in matters...
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1 Answer | Asked in Tax Law and Real Estate Law for North Carolina on
Q: Can a county tax office go back and backdate taxes 3 years later? There was a senior citizens exemption on the account,

Can a county tax office go back and backdate taxes 3 years later? There was a senior citizens exemption on the account, she passed at the end of 2020. they were informed. They wait until 2023 to go back and remove the exemption causing taxes to double.

James L. Arrasmith
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answered on Jan 22, 2024

In North Carolina, county tax offices have the authority to reassess property tax exemptions and make adjustments, even retroactively, if they determine that the conditions for the exemption no longer apply. In the case you described, where a senior citizen's exemption was in place and the... View More

1 Answer | Asked in Criminal Law for North Carolina on
Q: My friend has 17 dismissals with leave in North Carolina from 2007 tell 2020 what does this mean.
Brad Trexler
Brad Trexler
answered on Jan 22, 2024

Dismissals with leave put this case in a sort of purgatory where they are still alive but will not be put on the docket. Most likely these cases will prevent your friend from getting a valid license but will not have much other consequence as the cases should not have any active warrants for arrest... View More

1 Answer | Asked in Gov & Administrative Law for North Carolina on
Q: Bought a car, no title transfer, now LLC doesn't exist?? What do we do?

So my husband bought me a car back in the summer of 2022, my FIL was the one doing all the technical stuff because it was my first car and I didn't know a thing, it's a salvage title so back in TX (where we bought it) he was doing everything to fix it so we could get the title fixed but... View More

James L. Arrasmith
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answered on Jan 21, 2024

This is a tricky situation since the title was never properly transferred to your name. Here are a few options to explore:

1) Contact your state DMV and apply for a lost title or bonded title replacement. You'll have to show proof of ownership/purchase and payment. They may issue a...
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1 Answer | Asked in Civil Litigation for North Carolina on
Q: How do I file a motion for default judgement in a civil case in NC.

The clerk of court signed the Entry of Default in a civil case as the first step. Now I to get a hearing in front of the judgement to ask for the second step , which is default Judgement.

T. Augustus Claus
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answered on Jan 19, 2024

To file a motion for default judgment in a civil case in North Carolina, you need to follow specific procedures. After the clerk of court signs the Entry of Default, indicating that the defendant has failed to respond within the specified timeframe, you can proceed to the next step. Typically, you... View More

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