North Carolina Recent Legal Answers from Lawyers

Generally, The Executor cannot sell real property without first filing a petition to see nwith the Court.   There is an exception when the will gives the executor the power to seel without court order.  If there are no debts, you should be able to stop the sale.  John E Tantum   2523932235... Read Answer

Assuming that the bankruptcy court did not issue an order barring you from filing again within a certain period of time, yes you can file another Chapter 13. If you have lived in Alaska for at least three months, you will need to file in Alaska - not in North Carolina. I suggest having a consultation with a bankruptcy attorney where you live.... Read Answer

You can apply for an EAD if you choose to file for adjustment of status through form I-485 application to adjust status to permanent residence. Work authorization through form I-765 is an ancillary benefit that can be applied for by those filing for adjustment. I note that if you file for adjustment, you should request the NVC to stop processing your matter for a consular interview. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

First of all - if you have an attorney, ask your attorney. Things can be different depending upon the District and the particular Trustee involved. In additon, there may be significant facts about your Chapter 7 that we do not know about, that you havent told us about because you do not think they are significant. In general, you are free to change jobs while in Chapter 7. If you are making about the same money it won't matter a bit. Even if you will be making more money, assuming you were not expecting you were going to be making more money within the following year when you filed your Chapter 7 (you did not check that box at the bottom of your Schedule I), you will be fine and you do not need to tell the Trustee about the new job. If you do not have an attorney for your Chapter 7, it would benefit you to have a lawyer review your Petition and Schedules with you to see if anything needs to be amended. ... Read Answer

There is a possibility of doing so, but that would depend upon a variety of factors including the person’s age, immigration history, and cooperation of an exchange visitor organization handling au pair (nanny) applications. Generally, an au pair must be proficient in spoken English, be a secondary school graduate or equivalent, be between 18-26 years of age, be capable of fully participating in the program as evidenced by satisfactory completion of the physical, be personally interviewed in English by the organizational representative, and be successful in passing a background investigation. Other than the au pair program, you and the interested party should consult with an immigration lawyer for any other possibilities. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

If you are a US citizen 21 years of age are more and your mother has a parent or parents who are US citizens or permanent residents, she might be able to qualify under the I-601A provisional waiver program under which you would sponsor her for the I-130 relative petition, she would apply for an I-601A waiver of the 10 year bar while here in the US based upon extreme hardship to a parent, and once approved, she would consular process her immigrant visa at the American Embassy in San Salvador. If everything is okay at the interview, she would likely be outside the US for approximately a couple of months. Lacking a parent, there is the possibility that you might be able to petition for your TPS father if he is not subject to the 10 year bar, he would obtain his permanent residence first, and then serve as the base relative from whom your mother might be able to derive the waiver if she is able to prove that he would suffer extreme hardship if she could not be granted the waiver. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

If you are the only heir of your grandparents and they did not have a will, you need to apply to open their estates and be the administrator.  The process can be confusing and you should get a lawyer in the county where your grandparents lived. call me at 252-393-2235 if I can help.   John... Read Answer

This is a common scam on the Internet.  There is no girl, there is no mother or father or detective -- only Internet fraudsters.   Do NOT send them any money.  They are trying to blackmail you, and you are the victim here - not some young girl who does not exist.   Block them and do not communicate with them in the future.   I have never heard of these fraudsters actually posting the pictures because 1) It takes time and makes them no money, and 2) It makes it too easy for them to get caught.... Read Answer

So if your brother was a resident of the home, he may be an insured under the policy, such that if his negligence caused or contributed to your dad's death, then the insurance company Would most likely be a source of recovery. If your brother was not a resident and thus possibly not insured under the homeowners policy, then it would be more complicated. Now if your brother was not insured under the policy, perhaps because he did not live there, but your brother owned a house of his own, then that insurance policy may be a source of recovery depending on the policy language. However all of this is speculation until more facts are known, such that a full analysis can be explored. You need to retain counsel to investigate all of the facts of the case to make a determination. What state did this happen in?   ... Read Answer

You can sponsor her for a fiancée visa. If you are a US citizen you can sponsor her for a fiancée visa, and she would process at the US consulate in the Dominican republic for her K visa, and once she acquires that, she can travel here but must get married within 90 days after entry. And then after that she could adjust status to get her green card. Alternatively, she could just visit here on a tourist visa, but she cannot adjust status after her visit is done, she must go back home.... Read Answer

Your grandson is the one who must sign the quitclaim deed to give up his interest in the property. If he refuses to sign it, you will not be able to sell. You need his cooperation, and you two will need to see a local real estate attorney. The attorneys fee for a quitclaim deed should not cost you $600.00. Contact some additional attorneys to see if you can find one who charges less.... Read Answer

You can sue the neighbor for the damges you have incurred, although I do  not think that the increase in your insurance rates would be recoverable.  You have a claim based both on the original incident (i.e. claiming that the neighbor is responsible for the damage caused byi its tree falling) and the settlement agreement (where the neighbor agreed to pay your deductibe to settle the matter).  To the extent that your insurance company paid anyghing due to the incident, it is subrogated to your rights against the neighbor, meaning that the insurere has the right you would have had to sue the neighbor, had you paid for those damages yourself.... Read Answer