North Carolina Recent Legal Answers from Lawyers

You have to file a caveat to the will. That will stop all Estate proceedings.  You must prove that your grandmother did not know what she was doing orthat this neighbor used undue influence to get the will changed.  Your lawyer must be in your grandmother's State. I am in NC  at 252-393-2235,  call if I can help.  ... Read More

North Carolina is a one-party state with regard to audio recording. This means as long as someone is a participant in a conversation, they may record it without informing others. If your neighbor recorded a conversation between you and her, she did not violate the law. If there is a lawsuit between you and your husband, you may be able to obtain the recording through a process called discovery. ... Read More

Your question seems to indicate you have made several attempts to request time with your son. For most children, it is in their best interest to have a relationship with both parents. Absent some reason it would be harmful to your son if you were to have time with him, the mother should be allowing you to see him. The right way to do this cannot be answered without knowing all of the facts. If, in fact, you have made numerous attempts to have time with your son and have been unable to reach an agreement with the mother, you should consider filing a complaint for custody in the county where you or the child resides. From my experience, it would be best to contact a local attorney to discuss your situation. Even if you are unable to hire an attorney to represent you, a consultation will give you an opportunity to explain more about your situation and receive some guidance on your rights and how to proceed. Lastly, it is importatnt to note that child support has abolutely nothing to do with custody and visitation. Put simply, paying child support does not "buy" time with your child, nor does failure to pay child support mean you lose time.... Read More

If I understand you correctly, you and your sister would rather expose yourselves and have your mother die in your home or in your sister's home in another state that have her cared for and die in a nursing home where she might infect others.  This may not be doable.  She may not be able to travel.  If she is able to travel, it probably cannot be by public transportation, such as a plane.  If you or your sister drive to get her, put her in a car and drive her to one of your homes, you are greatly increasing the chance that you will become infected and unable to care for her or yourselves.  You write that you and your siblings are all over 65.  A Kaiser Family Foundation study of people over 65 admitted to hospitals with covid-19 found that ALL of those who were placed on ventilators died.  You and your sister could also infect others.  If your mother is 95 and ill enough that she needs 24/7 care, she may not survive the trip.  This is particularly true if she is as near death as the doctor described:  someone who is better off receiving comfort care.  If she is, please note that as we approach death, our bodies know that we do not need further nutrition.  Withholding it is not starving someone to death:  it is letting life take its course.  While your wish to care for your mother is laudable, sadly, you may not be able to carry it out.  After discussing the situation further with your siblings, you might want to see whether you can communicate with your mother by tablet or by cell phone and then talk with a discharge planner at the hospital.  A hospital is not allowed to discharge someone to an unsafe environment.  Given what you wrote of your mother's condition, discharge to a skilled nursing facility may be much safer than discharge to your car and your home.  I know this must be difficult, excrutiatingly painful.  Too many of us are in this position, having to accept what we would otherwise find unacceptable. ... Read More

No it won't but you will still need to meet the minimum income requirements based on your household size or if you can't meet them then qualify on the strength of your assets. If you can't meet either of those tests, then you will need to enlist a joint financial sponsor. Additionally there's a new declaration of self sufficiency form that the beneficiary must fill out that tests whether they are likely to become a public charge. Work with an attorney to help you so that your case is processed correctly. Counsel anywhere in the USA can represent you and some of us charge a very affordable flat fee.... Read More

If you have been permanently revoked or otherwise cannot legally drive due to DWI suspension, there may be options available for restoration that involve a formal hearing with the NCDMV – North Carolina Department of Transporation / Division of Motor Vehicles. Assuming DMV authorizes a hearing to determine whether administrative relief is appropriate, there are several important steps to take prior to the actual hearing itself. The application process is somewhat involved, possibly requiring things like: Certification of a prior record in any state where the petitioner has had a driver license Fingerprinting Payment of fees Formal criminal history/record Documentation of Substance Abuse Assessment Proof of compliance with any recommended treatment Proof of installation of Secure Continuous Remote Alcohol Monitoring “SCRAM” or “CAM” ankle bracelet There are also fees associated with an NC Driver’s License Hearing Request.... Read More

It's posible that both the sellers and buyers could  be sued for breach of the license (althogy I doubt that the licensor would do so).  While I don't see that the licensor has sufferend any monetary damage, it may be able to obtain an injunction against future activities, violation of which would result in real world consequences for contempt of court.  Again, since the same result is essentially obtained by simply banning the participants, I dont't think the licensor would do that, but it is possible.... Read More

Your question indicates you have attempted to use one of the calculators. To be sure you are using the correct calculator, make sure you are visiting the official State website: NC Child Support Guidelines. If you are having trouble determining how to use the calculator, you should contact the child support agency in your county or seek the advice of an attorney in your area. The child support agency handles hundreds or more cases, so it may be worth your while to at least consult an attorney even if you do not plan to hire one. Also keep in mind that a paying parent may be ordered to pay your attorney's fees if he or she does not pay the correct amount ultimately awarded by the court.   ... Read More

If a warrant is active, the only way to address it is to turn yourself in or contact an attorney to have them request that the warrant be stricken. In many counties, attorneys can contact the DA's office and seek consent to have the judge strike the warrant and reschedule your court date. ... Read More

In custody situations, criminal contempt is typically the remedy here. It requires willful disobedience of a court order without excuse. If your ex believes there would be some sort of danger if your child were to be with you pursuant to the order, the more appropriate thing to do would be for your ex to seek an emergency custody order (I have seen at least one instance of this in another state, but it would require very extreme circumstances). Since that has apparently not happened, it can be argued there is no excuse for him or her violating the order. Therefore, a court may find that contempt was comitted.  Criminal contempt requires the same standard as other crimes when taking the case to court: Proof beyond a reasonable doubt. Also, your ex would be allowed an opportunity to retain counsel or have an attorney appointed by the court if he or she cannot afford one. For these reasons, I highy recommend consulting with an attorney in your area to determine how best to proceed.... Read More

  If you entered the US legally, you would generally be eligible for adjustment of status. In such circumstance, if it was only an oversight on the part of your husband or you to not file for adjustment of status along with form I-130, you can do so at this time and attach a copy of the I-130 filing so that U.S.C.I.S. can see that the petition is pending. If there was some other strategy involved, then you may wish to speak to an immigration attorney. If you have questions as to whether you are eligible to adjust status, you should also consult with an immigration attorney to go over all your options. 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

It sounds like you may have grounds for a domestic violence protective order (also known as a 50-B or DVPO). If you have been assaulted or threatened recently, you may even be able to obtain a temporary restraining order until your case can be heard with the ex present. One important thing in these cases is that you must sepcifically list the things your ex has done to you, with dates and details that explain what happened. If you do not do this, the court must dismiss your case.  You should contact a local attorney or Legal Aid in your area for assistance. Having legal counsel is important to ensure your evidence is presented to the court in a manner that allows the court to consider it. Things such as text messages and recordings must have proper "foundation" in order to be considered by the court. ... Read More

The two causes of action involved with your situation are (1) divorce from bed and board, and (2) equitable distribution. Divorce from Bed and Board is the claim used to ask a court to force a separation. North Carolina General Statute § 50-7 lists six grounds: Abandonment of the family, Maliciously turning the complaining spouse out of doors, Treating the complaining spouse in such a cruel or barbarous way that it endangers his or her life, Indignities that render the complaining spouse’s condition intolerable or life overly burdensome, Excessive drug or alcohol use that makes the complaining spouse’s condition intolerable or life overly burdensome, or Adultery. Regarding your inherited house, several factors may impact whether your husband has any claim to the house and you should seek the advice of an attorney in your area to determine how to proceed. Generally, inherited property remains your separate property in a divorce. However, the are ways the property may be covered under the divorce laws and your husband could have a claims to some of its value.  If both of you are aware the marriage is going to end, it may be possible to negotiate a separation agreement that proptects both of you and facilitates an amicable resolution to the matter. This, too, is something well worth involving a family law attorney in your area.... Read More

The lawyer hired by your brother presumably represents your father's estate and its executor, not you.  If your brother the executor can't, or won't, answer your questions to your satisfaction and you feel that you need an attorney to protect your rights, you will have to hire your own.... Read More