North Carolina Recent Legal Answers from Lawyers

You can't stop him from getting a divorce so long as you have been separated for over one year and it was his intent to remain separate and apart for that year.  So at this point, unless he agrees to reconcile, you need to consider what steps you need to take to protect possible claims against him.  The most relevant claims are one for equitable distribution (property division) and for post-separation support and alimony (spousal support).  If these claims aren't pending prior to the divorce being finalized, you will lose the ability to pursue them.  So you will probably need to consider whether you should file a lawsuit against him for these claims, or whether you should try to work something out voluntarily.  If you work somethign out, you can sign a contract with him that resolves your claims, which contract is typically entitled a Separation Agreement.   It is quite easy to make mistakes on your own if you are purusing either option, so I would highly recommend you talk to a local family law attorney.  ... Read More

Both parents have equal rights to the custody/visitaition of their child, whether you are talking about the father or the mother.  If the other parent is not allowing you to see your child, your only real option is to file an action for custody/visitiation.  Once an action is file, the parties will have an opportunity to participate in child custody mediation where they may be able to settle the case.  If it can't be settled at mediation, a hearing will be scheduled and the Court will decide. The goal of any custody case is to get a custody order.  The custody order should set forth which parent is to have physical custody, howexchanges are to take place, holiday schedules, the rights of each parent to travel with the child, how decisions are to be made, and other considerations related to custody.   To ensure that your rights are being propertly protected and pursued, you should consider speaking with a local family law attorney who can assist you in the filing of a custody case.  ... Read More

I am not going to directly answer your question but will instead tell you that a 24 year old that is in this type of relationship with a 14 year old should go to jail.  This is beyond inappropriate.   to the extent a District Attorney becomes aware of this behavior, he or she will have the ultimate decision about how to proceed, and the 14 year old victim won't be able to directly control whether charges are filed.... Read More

Something doesn't seem right about your post so you should really consult with a local bankruptcy attorney.  Many bankruptcy attorneys offer free or reduced rate consultations.  Or, if you hired an attorney for your Ch13 case, you should ask them the significance of any language used at a hearing.  The entire goal of a bankruptcy case is to get a discharge, even in a Chapter 13 case as debtors often don't pay their debts in full.  If you didn't in fact get a disccharge, then you are still liable to pay any remaining amounts on those debts.  The significance of any previously filed cases should have been discussed earlier by the Trustee and the Judge.  This aspect of your post seems strange.  Closing your case as satisfied without a discharge sounds very odd.  ... Read More

There isn't a specific answer to this question.  Any general litigation attorney is capable of handling your case, although many will turn it down as it pretty unique.  I have dogs and I totally get why you would want to appeal, but do want to give a warning that I could easily see you spending $2,000+ on attorney' fees.  ... Read More

We can definitely take a look at your case and see if we can help you prove it.  It's important we see the VA Decision so we can see what their reasoning is for their decision.  Feel free to email the decision to consults@veteranslaw.com or fill out a consult requests on our website at www.veteranslaw.com.  Consults are free. ... Read More

I anticipate that folks are going to be hesitant to provide a clear answer without having a long face to face meeting, and because it is always difficult to guess what a judge would do.  That said, she would have a claim to divide the property you acquired during the marriage, and she has a theoretical claim for spousal support.  Her spousal support claim is not a particularly trong one due to the fact that you are 70 years old and not employed.   With the caveat that I know very little about your case, I am skeptical that you would be forced to pay for anything in excess of what you are paying for now, and I'm skeptical a court would even require to continue making the mortgage payment.  But you need to consult with a family law attorney in your area who will go over all the claims in your case and offer guidance for your next steps. I wish you the best.... Read More

If you have already tried negotiating with your husband and you haven't been able to come to terms, you may need to consult with a local family law attorney.  Without some compelling reason, I wouldn't accept less than 50% of the marital estate either.  In the event you do move out and file an equitable distribution claim (property division) against him, you stand a good shot at getting 50% or more (depending on the facts specific to your case).  You will want to make sure that all of the marital estate is considered when the property division is calculated.   Moving out prior to having a deal in place isn't necessarily a bad idea, but I would speak to a family law attorney in your area to confirm.  ... Read More

The defendant in a divorce case shouldn't have to sign anything, so I'm not sure I understand what you are referring to.  In a typical divorce, the plaintiff files the lawsuit and gets it served on the defendant through the sheriff.  After the defendant has been served, he or she doesn't have to have any further involvment in the case.   Unfortunately, your boyfriend should schedule a consultation with a local family law attorney who can advise him as to what he has been doing incorrectly.  ... Read More

A Will which has been submitted for probate can be contested.  However, it may be very difficult to prove that your brother did not have legal capacity to make a Will "in the early stage of Alzheimer."  Most people do have a lucid moment at the point and only a lucid moment is required to make a Will.... Read More

In some states one parent can seek guardianship independent of the other:  divorced parents do not have to be co-guardian unless the divorce decree so provides.  However, a guardianship should not be awarded to one parent without the other signing a Waiver of Right to Appointment. In no state can a guardian restrict the person's access to the other parent or to other people unless that person has abused or exploited the person under guardianship in the past. Contact a local guardianship lawyer to address these errors.... Read More

For the month of September, the process for a parent filing for an unmarried son or daughter over the age of 21 is taking approximately 5+ years. If your brother files for you, the present waiting time is approximately 14 years according to the visa bulletin. If you wish, you can have both file for you. 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 More

Consult an elder lawyer to learn whether transferring during her life without affecting her Medicaid eligibility.  She may need to file a transfer on death deed or transfer the property by her Will.  You can find an elder lawyer near you on the website of the National Academy of Elder Law Attorneys (www.naela.org). Your grandmother does not need to find her old will to make a new one.  A new will states that it revokes any previous wills.  ... Read More

In most states the executor is not allowed to purchase property from the estate as that would be seen as a conflict of interest.  In most states, after a certain amount of time has passed, any beneficiary who has not received a distribution can ask the court to replace the executor. In most states, a beneficiary who inherits part of a property can sue for partition, forcing partition or a sale. Contact a local probate attorney.... Read More

From your description, it sounds as though your inheritance is subject to the Medicaid Estate Recovery Program.  This means that you cannot inherit until Medicaid is reimbursed for the cost of your aunt's care, at abouct $6,000-6,500/month.  While Medicaid may waive recovery for a child who resided in the home, providing care which delayed the need for a nursing home, for at least two years, there is no similar provision for a niece or nephew.  A niece or nephew would have to argue that Medicaid recovering from the estate, as Congress requires, would work a "undue hardship," forcing them onto public assistance.  For help in making this argument, see a local elder law attorney.  You can find one on the website of the National Academy of Elder Law Attorneys (www.naela.org).... Read More

Hi Jennifer, I am sorry to hear of all your health problems. Backing up your claim for disability will be key in a case like this. You could also request a postponement of your hearing if you cannot retain an attorney in time.          Scott F. Bocchio, Esq.  855-254-7841      ... Read More