North Carolina Recent Legal Answers from Lawyers

If your adult daughter appoints you as her agent under a durable power of attorney, that does not take away her right to spend her money as she likes.  It only allows you, as agent, to also act and, in many states, requires you to report to her and sometimes to others. If she receives SSI, you might want to ask a physician to complete a form making you her representative payee. If she is a vet, you might want to look into becoming her VA fiduciary. You may also want to talk with Adult Protective Services or an elder and special needs attorney about possibilities in your state.   You can use the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)... Read Answer

The bills must be paid by someone or the lender will foreclose. You do not state whether you are the only child or whether your mother left anything beyond the house and some belongings. Share the details with a local probate lawyer to determine whether an Affidavit of Heirship or an Application for Determination of Heirship and Issuance of Letters of Administration will pass title to the home.... Read Answer

No. The news agency was simply reporting based on public record. You would have to prove actual malice to be successful on a defamation claim. You can attempt to contact them and ask them to remove the listings, but it would be tough because the agency has a First Amendment right to report arrests. ... Read Answer

Maybe. It depends on how the assistant district attorney runs the courtroom. In theory, it should be dropped if they do not show because the State cannot prove its case, however many counties won't drop on the first setting -- usually it takes a few chances to get the witness into court before they will drop the case.  You NEED an attorney for this case. There are many issues you've presented that can help you if this case goes to trial. ... Read Answer

The worst case scenario is that you can be charged with either Larceny by Employee or Embezzlement, both of which are Class H Felonies for the amount of merchandise that you stole from your employer.  Depending on your prior record level a sentence for a conviction of either one of these charges can be anywhere from probation all the way up to active time of up to 25-39 months in prison.  This is a matter for which you should definitely hire an attorney to  represent you.  That way instead of  being concerned about the worst case scenario, you can have an attorney working to get you the best case scenario.  And also please stop stealing things from your employer.  It is an excellent way to ruin your record so that you can never get another good job.  Employers don't like to hire prople who have stolen from their last employer, because they feel you might steal from them too.  ... Read Answer

The worst case scenario is that you can be charged with either Larceny by Employee or Embezzlement, both of which are Class H Felonies for the amount of merchandise that you stole from your employer.  Depending on your prior record level a sentence for a conviction of either one of these charges can be anywhere from probation all the way up to active time of up to 25-39 months in prison.  This is a matter for which you should definitely hire an attorney to  represent you.  That way instead of  being concerned about the worst case scenario, you can have an attorney working to get you the best case scenario.  And also please stop stealing things from your employer.  It is an excellent way to ruin your record so that you can never get another good job.  Employers don't like to hire prople who have stolen from their last employer, because they feel you might steal from them too.  ... Read Answer

As you are both overseas, you will have to file new paperwork with U.S.C.I.S. – either an I-130 petition or I-824 application for action on an approved application or petition if the I-130 petition was approved and is still sitting in the local field office or service center and was not forwarded to the National Visa Center (NVC). The NVC upon obtaining the I-130 petition file would then request support papers from you, and you would have another opportunity to submit a joint I-864 affidavit of support from a friend or relative that would demonstrate that your wife is capable of being supported when she enters the US. In your situation in which the petitioner has an impediment to working, it is always best to have a co-sponsor whose income and assets are well above the poverty guidelines. 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

Ms. Tolson,  The Motel is responsible for the clenlilness of the room. You probably can get some compensation for your injuries and for your daughters injuries.   If you went to a doctor, it will help tie the injuries to the spider bites.  You can call me at 252-393-2235 and I will get more information from you.  John Tantum, Attorney... Read Answer

Assuming that the OPT extension application was sent to the correct mailbox, you should receive the receipt of filing within 30 days. If your case was rejected for any reason, you should have received the rejected application by now, have corrected the deficiency, and sent it back in. I do not suggest resending another file to U.S.C.I.S. as you may wind up paying twice for the same benefit and possibly repeat a mistake. A USPS receipt unfortunately only says that the application was received and not that it was filed. Technically it is not proof of filing and thus not a document that an employer can accept as proof of authorization to continue employment. That being said, some organizations are more lax than others in asking for immediate proof of continuing work authorization. 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

An agent under a Durable Power of Attorney is required to put the interests of the person who granted the attorney (your mother-in-law) first.  You might consider raising the possibility of fraud and elder exploitation with an elder law attorney, the DA and the AG.  You can use the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)... Read Answer