North Carolina Recent Legal Answers from Lawyers

If he did the work improperly< there is a chance you could win and not have to pay anything, or at least may be able to deduct any damages the shoddy workmanship caused from the value of the services provided.    If, however, the work was done properly and your objection is solely to the highhanded way he went about things, you would probably owe him the fair value of the work  (what isknown as quantum meruit), which may well be lower than what would have been the contract price, but would be what a court determines is a fair price for the services provided to you and benefit ocnferred on you.... Read More

Because signing as your mother's agent to pay you personally would be a conflict of interest and self-dealing, the family caregiver agreement should be signed by the alternate or substitute agent.  Keep a detailed log and receipts.  Arrange for payroll withholding.  Make sure all your siblings are on board and that no one is likely to accuse you of exploitation now or when they receive less than anticipated under the Will.  Consult an elder law attorney to make sure that all of this is done in a way which prevents North Carolina Medicaid from treating the payments as "gifts" which would disqualify your mother for Medicaid.  You can use the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)... Read More

You can charge her (perhaps offsetting the costs for the care she provided during your infancy and childhood).  You should have a family caregiver agreement specifying time and task, giving each of you an "out," keep careful records and deduct for Social Security, Medicare and payroll withholding (There are services which will do this for you.)  You should make sure that this is done in a way which will not affect VA and Medicaid benefits she may need now or in the future.... Read More

While many states will probate a Will prepared under the laws of another state if it was effective under those laws, there are differences.  Some relate to state estate or inheritance tax.  Some relate to whether a widow(er) has an elective share regardless of what the Will says.  You may do well to consult a North Carolina attorney.... Read More

There is a possibility that you may encounter a problem at the time of interview if the consular officer believes that the employer and you were trying to jumpstart your date of employment.  There is a risk if your employer takes this path. Interviewing in a third country near the USA increases the chances of rejection as many consular officers believe that the persons best able to handle initial cases are consular officers in the person's home country. You may be asked to go back to your home country for interview by a third country consulate if you decide to take that path. 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

You may be receiving Supplemental Security Income, meaning that you did not pay into Social Security long enough and close enough to the time of your disability, or you may be receiving very little Social Security Disability Insurance, possibly topped off by Supplemental Security Income, based on the amount you paid into Social Security.  Social Security Disability Insurance is equivalent to the amount you would receive in retirement benefits based on your work record.... Read More

The answer to "can I take so and so to court" is always "yes", but the real question is whether you are likely to win.  If the repair shop really did do the work wrong and damaged your wife's car, she would have a right to be reimbursed for her damages (absent a provision in your contract with the repair shop which limited that right), but I'm sure that won't be the shop's version of events, and it is possible that a judge or jury may believe the shop's version.... Read More

Although it seems likely that No would have jurisdiction over the warranty co., since it contracted to cover equipment located in MC, you may not be able to sue in small claims court.  Many small claims courts are only set up to have jurisdiction over locals. You should contact the clerk of your local small claims court to check.  Also your contract with the warranty company may contain a choice of forum which limits where you can sue, or an arbitration clause requiring all disputes be arbitrated.  If there is no contractual provision to the contrary, you can sue in a state court of general jurisdiction. ... Read More

If the Will was submitted for probate, ask the court for a copy of the Will -- or look for it online.  Many county probate court records are now available online. Note that the Will may not have been submitted for probate if everything was in a revocable living trust (which became irrevocable at death). ... Read More

Once you signed the note, you became legally obligated to pay (the name doesn't matter; you admit that you signed the note).  The only way to avoid that obligation is to have the note invalidated by a court.  You may have a chance (not a good chance, in my opinion based on what littlle I know about the matter, but a chance) to do so if you file a lawsuit claiming that the note should be invalidated because you were under duress when you signed it.  If you succeed in getting the note invalidated, that doesn't mean that you owe no money,  You can still be charged with theft if the authorities think that such charges are warranted, and your mother (or someone appointed to act on her behalf) could sue you in civil court claiming that you stole it.  ... Read More

Assuming that this is a simple shoplifting in North Carolina, a conviction would not make you inadmissible to the United States. You must disclose any arrests and convictions to U.S.C.I.S. in your adjustment of status application. It is always a good idea to have a lawyer represent you in court on criminal cases. 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

You can use the "Find A Lawyer" feature on this website to find and reseach an attorney who is experienced with employment law. Keep in mind that most "retaliation" that takes place is NOT unlawful due to the employment-at-will doctrince.  Retaliation is only unlawful if it is taken on the basis of a "legally protected activity."  I do not see any specifically protected activity in these facts, but there may be other facts that could change my opinion.... Read More

It is impossible to answer this question on a forum such as this due to the complexity of the ADA.  It is made more difficult by the fact that the US Supreme Court has held that each ADA claim must be assessed on a "case by case" basis which means that the outcomes for similiar situations may be very different.... Read More

Technically, you are not required to retain an attorney to represent you during an EEOC proceeding just as you do not need to retain an attorney to represent you in court.  However, it is always best to get expert advice on how to handle it and, at least, get a consultation with an experienced employment attorney.... Read More

Unless you received an order from an immigration judge or U.S.C.I.S. denied or revoked your J-1 visa, you are not barred from coming back to the States. Whether you can successfully apply for a C1/D visa will be up to the consular officer who adjudicates your application for such. Such visa is decided in the discretion of a consular officer. You would not appear to be under a 10 year ban. 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.   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