North Carolina Recent Legal Answers from Lawyers

Undue influence can be brought to bear over a competent person, as can elder exploitation.  Take your evidence to a local elder law attorney.  You can locate one near you using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org).... Read Answer

You are only the heir and the only heir if he has no surviving children and you are the only surviving grandchild.  If that is the case, use a DMV form, referring to the VIN.  If  not, use the same form transferring title to all his heirs and another form gifting their interests to you.... Read Answer

I don't think you need a new attorney right away, but you probably need to hire one very soon. If your Chapter 13 Plan is going smoothly, you don't need an attorney. If your income changes, if you need permission to sell property or if you need permission to incur debt, a Motion needs to be filed and most often, scheduled for hearing. You will need the help of an attorney to get these things done. Most bankruptcy attorneys will take over representation for a deceased attorney for a very low fee. Be sure to attend your status conference. Good Luck.... Read Answer

Settle the estate so that the beneficiary/ies or heir/s have legal authority to do something with the land,  whatever she/they may decide.  You may be able to file Affidavits of Heirship or may need a formal court proceeding.  Discuss the situation with a local probate attorney.... Read Answer

This is an old trick.  It is illegal.  Cross out "legal representative" and "personal representative" wherever they appear and write in "as agent under DPOA" -- if indeed you are.  Check with your sister, ask the facility for a copy of the alleged power of attorney and check the deed records.  A power of attorney affecting real property must be recorded in the deed records to be valid in that respect.  Note that you can always choose anotehr assisted living facility and that the contracts are negotiable.... Read Answer

As personal representative it may be your duty to sell the home if the funds are needed to pay the estate's bills or to make distributions under the Will or, if there is no Will, under the state's laws of inheritance.  Your alternative in the second instance would be to buy your brother out (and to buy out anyone else involved).  If this is not possible, the house must be sold and the net proceeds split.... Read Answer

If you are a US citizen, you can sponsor him for a spousal visa and he can process at the US consulate abroad. It takes about 1 year from the time you file. Total costs from start to finish are about $1500 to $1800 paid to Uncle Sam and for medical exams etc. You can process the case by yourself or have a lawyer represent you to assure that no mistakes are made. Counsel in any state is allowed to represent you. ... Read Answer

You need to have both judgments (the small claims and the other) transcribed over to the State of New York. Once you are certain of the other party;s location, contact a collections attorney in that county and they can handle everything for you. Incidentally, just transcribing a judgment is not enough to enforce it. Here in NC you have to issue a Notice of Right to claim exemptions and then afterward you request a Writ of execution and the Sheriff will take any non exempt assets. They have wage garnishment in new York, so getting the judgments recorded up there may give you a better chance of getting them collected. You just have to follow though on the judgment enforcement process and don;t just let the judgments sit there.... Read Answer

Depending on the specific facts of your situation, you could have one or more legal claims. Were you working for the school at the time that you were injured? Employees who are hurt on the job should report their injuries immediately and also file a written description of the incident within 30 days. If you need medical attention, let your employer know right away in case they wish to direct you to a specific medical provider, which is allowed here in North Carolina. In addition to a claim for workers' compensation, you may also have other legal claims depending on the circumstances in which you were injured. An attorney can help you sort through the facts and figure out what avenues to pursue. Be sure to act promptly in pursuing your rights since all legal claims have time limitations. Best wishes.... Read Answer

This is a difficult situation if there is no specific proof such as photos of the sale sign and photos of the product taken at the time of the transaction. Given the small amount of money involved, I would suggest complaining to the NC Attorney General (ncdoj.com) and complaining on the retailer's social media. Obviously you would not patronize that retail store any more if you feel unfair conduct occurred. ... Read Answer

Most likely there is no chance of recovery because of failure to register for the manufacturer warranty as you describe. This is something that requires a personal consultation with an attorney to review the paperwork. An attorney should charge no more than a couple hundred dollars for the review and advice. If there is a claim, it may be difficult to find an attorney who will take this on a contingency fee (only pay if you win type of fee). These kind of cases are very labor intensive for the attorney if you have to sue for breach of warranty or product defect.... Read Answer

If the car is 5 years old or older it's legal to charge up to 29% interest in NC on a car loan. This is required to be disclosed before your friend signed the loan paperwork. He/she probably didn't understand the implications as there is little financial education provided by our schools now days. He/She probably added every window etching, warranty and insurance add on product to their contract. The only solution is to refinance the car with a regular bank or credit union and cancel all the BS add ons that arent worth the money.... Read Answer

Other than making money for your attorney, what is the point of a second cease and desist letter if your neighbor ignored the first?  If you think you have cause, go to the police, or start a lawsuit, but without knowing the details, I wouldn't think that "verbal harassment" which doesn't rise to a police matter would amount to much of a civil case.... Read Answer

What does her contract with the cemetary provide?  Presumably, since she is the sole surviving owner, she and she alone has the right to decide what is on the gravesite, but check the contract to make sure.  Assuming that she has full control over the gravesite, she should notify the cemetary that she doesn't want anything further added to the gravesite, that her husband's children are not authorized to do anyting with the grave, and that teh cemetary should check with her before allowing any changes.  If you don't trust the children, perhaps she shoudl also warn the cemetary that any document purporting to authorize changes which bears her signature is likely forged, and that the cemetary should only accept documents either notarized or signed in the cemetary company's presence.... Read Answer

The statute of limitations is referred to as CSED (Collection Statutory Expiration Date). It is ten years from "assessed" date. Many things can occur to extend the ten years such as: pending installment agreement, offer in compromise, CDP hearing, bankruptcy. Additionally, if taxes owed include payroll taxes the IRS will assign a Revenue Officer to contact you and you will be personally liable for the Trust Fund Portion of the payroll taxes. Good luck....  ... Read Answer

If mom is a US citizen or has a green card, then She can sponsor your stepdad. If not and you are a US citizen then you can sponsor mom for her green card then mom can sponsor stepdad when mom gets her Greencard. If marriage between mom and stepdad occurred before you turned 18, then you could have sponsored stepdad. ... Read Answer