North Carolina Recent Legal Answers from Lawyers

First of all, notify your insurance company immediately.  Unless there is s omething unusual about your policy, it will provide you with an attorney.  Second, of course you are being sued; in an accident case especially, you sue everyone who could possbily be held liable, expecially anyone who has insurance coverage.  The plaintiff has nothign to lose by naming everyone he/she can.  That is why I am very surprised that the mechanic and repair shop aren't being sued as well, but you can cross-claim agiainst them when you answer the complaint.... Read More

When the Will has been admitted to probate and the court has appointed you executor, your probate attorney can advise you on accelerating the promissory note pursuant to its terms and foreclosing on the house (assuming that there is a recorded mortgage) pursuant to North Carolina law.  You may need to hire a lawyer experienced in mortgage foreclosures.... Read More

This depends partly on what the Will says and partly on what is a prudent course of action.  Some Wills state that the executor can make distributions to beneficiaries before probate is complete.  Some do not.  Keep in mind that any distribution may have to be "clawed back" to pay for bills which you do not yet know about.  If you are the only beneficary and realize that you will have to pay those bills out of the distributions or out of your own pocket as executor, you may want to file a distribution deed now, transferring the property from you as executor to you as an individual.  Please first check with the probate attorney who is helping you and knows the condition of the estate better than anyone on this list.... Read More

I am afraid that you will find that the $10,000 initial retainer quote was on the low side.  Spelling errors and meds are not grounds for overturning a Will:  undue influence and lack of legal capacity are.  Even people who lack legal capacity to the point of needing a guardian may have a lucid moment in which they can make a Will.... Read More

You should be eligible for an expungement, especially if you have been a law abiding citizen after getting into trouble. The expungment will have to be filed in the county in which the charges were picked up. If your charges were in Guilford or Alamance county NC, give me a call. 336 447 4505... Read More

All beneficiaries must agree to let Dad stay if NC law does not give him a spousal lifetime right of occupancy.  If they do not all agree, it is the duty of the executor of Mom's estate to gather the assets, pay the debts and distribute the rest pursuant to her Will.  This includes filing an eviction action against Dad.... Read More

You have very limited time to file an appeal the denial of unemployment benefits. It is very common for the initial determination to be a denial even though you should be eligible. Contact an attorney as soon as possible. Most appeals are done over the phone, meaning the attorney's location does not necessarily need to be close to you. ... Read More

If a court had admitted the Will to probate (proving) and appointed your brother executor, it would be his duty to gather the assets, pay the bills and distribute the rest in accordance with the Will.  Given the time that has passed, he would probably only be able to file a distribution deed distributing the property according to the Will.  BUT it is highly unlikely that a court would admit a unsigned Will to probate.  Hire a local probate lawyer to file an application to determine heirship and issue letters of administration and settle your mother's estate.  If both your parents have died and you and your brother are the only children, half the home is yours. ... Read More

I would first contact your CPA?  Amending a tax return could open up other issues and create an entire mess with The Internal Revenue Service.  Seek advice prior to making changes AND speak with a Law firm that assists in Social Security Disability or contact Social Security at www.ssa.gov directly.   Sincerely, Attorney Scott Bocchio Legal Rights Advocates P 855-254-7841 www.yourlegalrightsadvocates.com         ... Read More

Authority under a power of attorney ends when the person dies. Authority under a Will begins when the court appoints an executor.  Contact a local probate lawyer about submitting the Will to probate (proving), collect the assets, pay the bills and then distribute the rest according to the terms of the Will.   ... Read More

If the house is titled in the name of you, your sister, and your step-brother, not in the name of either of your parents, their deaths should not affect any of your rights relating to the house.  Your rights depend on many factors, however, including (a) if there are any agreements between  you as to the house and/or the division of income or sales proceeds from it; (b) in what capacity title is held - are you all joint tenants, tenants in common, do you all own equal shares, or is title  held in a more complicated fashion; (c) whether there are any liens against the house or any creditors or third parties who claim in interest in the house; and, very rarely, (d) whether any of the titled owners are not, or someone claims that they are not, the true beneficial owners, i.e. that they held title as a nominee for someone else.  Also, what rights are you talking about - rights to live in the house, rights to share in the income or sale proceeds in the house, rights to decide what to do with the house, rights to evict the other title owners and/or to charge them rent for living in the hosue, etc.  ... Read More

If the check is made out to the estate, you must open an estate.  Whether you need a full probate with a court hearing or can use a Small Estate Affidavit depends on what she left and where.  Please contact a local probate lawyer to discuss what route is available to you and whether the cost of probating the estate would exceed the amount in the check.  In some cases it is better to let the check go to unclaimed property and go through the hassle of trying to claim the proceeds years from now.... Read More

Divinding property in divorce can be very complicated. The answer to your question would require additional information, but as a general rule, if you have paid on a mortgage during the marriage, your husband may have a claim to a portion of the home's value. It would probably be well worth the cost of consulting an attorney in your area to discuss the specifics of your situation.... Read More

It is the personal representative's duty to gather the assets, pay the debts and distribute what is left according to the Will or, if there is no Will, the state's laws of heirship.  That you are a 1/4 beneficiary or heir entitles you to 1/4 of what is left, not to occupying your grandmother's home.  This is true regardless of whether it was your primary residence.... Read More

Hi Barbra, There's not a clear "yes" or "no" answer to your question.  If the Industrial Commission (the state agency that oversees all workers' compensation claims in North Carolina) agrees that you have a valid reason for not attending the orthopedic appointment, you should be OK.  My personal opinion is that, with the immuno-compromise from your cancer treatment, you've got a valid reason but I'm not the decision maker.   Make sure your oncologist puts in writing the restriction against coming to a medical setting in person.  It's best to get this lined up before you needed, instead of at the last minute if the workers' compensation insurance company starts to fuss about you not being able to show up to the appointment.  ... Read More

In NC, there are grounds for divorce based on insanity.  The relevant statute is N.C.G.S. G.S. 50-5.1. For obvious reasons it does not happen very often. For example, I have been practicing family law for 26 years, and I have only handled one of those cases, so there are likely many attorneys who have never handled any at all.  Basically, it can be done, and you should definitely make an appointment with an experienced family law attorney to discuss how to proceed in your specific case.  I wish you the best of luck.  ... Read More

There is no requirement that a party to a divorce hire an attorney.  Either party is free to represent themselves.  It would be advisable, however to hire an attorney unless you are well versed in the in and outs of family law, civil procedure, and the local court rules of your jurisdiction.... Read More

No one can tell you based solely on the information that you gave whether you will have to pay alimony.  Whether you will have to pay alimony will depend on a number of factors. You should make an appointment for a confidential initial consultation with an experienced attorney near you to discuss your specific situation so that they can give you a better idea whether you might have some exposure to having to pay alimony. ... Read More