North Carolina Recent Legal Answers from Lawyers

You may want to check with the Attorney handling the class Action Suit. Normally, the Estate would be reopened and you would be appointed as Executor for the sole purpose of representing your mother in the litigation.  A Florida lawyer will have to do that for you if your mother's eastate was in Florida.   Good Luck,  John E. Tantum... Read Answer

Whoever the court appoints to settle the estate has authority over the deceased's property and the duty to gather the property, pay the bills and distribute the estate according to the Will or, if there is no Will, the state's laws of inheritance. Some states allow the estate to be settled independent of court supervision if all the heirs agree,  No state allows an heir to usurp the court's authority of apppointing someone to settle the estate.... Read Answer

Probate is the act of the Clerk of Court admitting your mother's last will as valid and filing that will with the Clerk.  Once probated , the Estate must be administered.  If you are the named Executor in the will that will be your obligation.  The process is quite confusing and I suggest you hire an Attorney to help you.    If someone else is the executor, you should ask them when the Will is to be filed and get a copy of the will. Then ask an Attorney to guide you if you are an heir.   John Tantum, Att at Law  252-393-2235... Read Answer

The rules may be different in North Carolina, but in general either side may demand a jury on all legal claims, but not on equitable claims.  As a general rule legal claims are those in which monetary redress is sought, i.e. he breached our contract by not paying me $500, I want to recover $500.   Equitable claims are those in which some other remedy is sought, i.e he reneged on our contract to sell me his car for $500, I want the Court to compel him to abide by the contract and sell me the car for $500.  The rules are generally different for small claims cases, however, where there may not be any jury trials.... Read Answer

The total period of time that an F-1 student on OPT/STEM extension can be without work is 150 days. A good question is whether DHS will accept remote work in another country as authorized STEM extension work. Another question may be whether the STEM extension in the US is even needed as part of your training since you appear to be able to carry on your work in another country. To your technical question of whether a person can reenter the US after obtaining the STEM extension EAD, you should have the card, validly endorsed I-20, valid visa except if you are also a national of Canada, valid passport, and evidence of your job offer. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read Answer

Generally speaking, a person cannot change names on citizenship papers from any country without having some legal right or record to the changed name when it is different from the name on the birth document. For example, the US allows name changes as a part of the naturalization process, but notates naturalization certificates with the legend showing the change of name. I would assume that there is some record in the country of your second citizenship which accounts for that country's acceptance of a different first name. You will need to obtain that record. Then you can present that with your original certificate of birth. Insofar as translations are concerned, you do not have to go to your consulate of your original country. You only need to go to a competent translator who can verify fluency in the home language and attest to the accuracy of the translation. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read Answer

You need to physically have met her within two years of filing to sponsor her for her k visa. After she enters the US you must get married within 90 days and then she can adjust her status to get her green card. Counsel anywhere in the USA can represent you and some of us charge a very affordable flat fee. ... Read Answer

You might want to file a 50C No Contact order against her to stop her from harassing you. You might also have a basis to file harassment charges. However, you definitely need to speak to a lawyer in your county about this. 50Cs and harassment/stalking charges require a fairly high burden of proof, and an attorney can tell you if you meet those. ... Read Answer

The LPO doesn't get to drop the charge -- he didn't bring it. It's now in the hands of the prosecutors and it's up to them to drop it. At your court date the LPO can talk to prosecutors and tell them he wants to drop it, but in my experience, LPOs say this type of thing all the time to defendants and then turn around and say something else to prosecutors. You likely want to hire an attorney. ... Read Answer

Probably the better place to send it is the National Benefit Center since you have information that the case is there. The other address in Chicago is just the lockbox which collects the fees and forwards the case to the location where the work will begin to be done. Looking at the form numbers that you wish to withdraw, you are apparently the petitioner who no longer wishes to petition. If you and the beneficiary used the services of an attorney, you could ask him or her for a copy of the I-130 receipt. (There is no receipt for an I-864 affidavit of support form). Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read Answer

The immigrant spouse has to complete a medical examination. If the US citizen sponsoring spouse is on disability then it's likely he/she doesn't have the minimum income to financially sponsor the immigrant spouse. Consequently the US citizen will need to find a friend or family member to act as a joint financial sponsor. Discuss your case with counsel anywhere in the USA. ... Read Answer

Those funds are your mother's and should be used to pay for her care.  Hiding them from Medicaid, for whatever purpose, is Medicaid fraud.  She will not qualify for months, probably years.  You will be criminally prosecuted. Your fellow taxpayers may be willing to loan money to pay for your mother's care.  They are not willing to loan her money so that you can steal from her.... Read Answer

Your father could have disclaimed his inheritance and let it pass equally to your brother's siblings.  From your description, it appears that he received his inheritance and then gifted more to your brother than to you (hopefully paying federal gift tax).  His choice of who to give what is his choice.  If he did not disclaim his inheritance, you have no right to anything.... Read Answer