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North Carolina Questions & Answers
1 Answer | Asked in Real Estate Law for North Carolina on
Q: Do I need a Real Estate Lawyer to change my deceased grandfathers property to my name? I am his only living relative.

He was originally from North Carolina but had to come to MD when my grandmother became ill and remained here in MD until his death. He was in a nursing home in MD at the time of his death and owned no property here. I was told to open and close an estate in MD. Now I need to have my name placed on... View More

Anthony M. Avery
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answered on Sep 4, 2024

You need a MD attorney to determine heirship and prepare an Affidavit of Heirship, if he lived any MD more than a month or so. Then get a NC attorney to record the Affidavit (or do it yourself properly) to show the world you are the sole heir and owner. Taxes need to be paid in your name. If... View More

2 Answers | Asked in Family Law, Civil Litigation and Collections for North Carolina on
Q: My mother-in-law passed away. She has no estate, no assets. Are my wife and I responsible for her credit card debt?
Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Aug 29, 2024

You are not responsible unless your names were on the credit cards. Her estate is responsible. If she had any .money or property at the time of her death, those would be sold and/or money used to pay her debts. I suggest that letters be sent to her creditors explaining that she passed on xxx date... View More

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3 Answers | Asked in Estate Planning and Real Estate Law for North Carolina on
Q: How long does it take for partition action after being filed?
M. Bryan King
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answered on Aug 29, 2024

Hello and thanks for your question. The duration of a partition action in North Carolina can vary based on several procedural steps and statutory requirements. Initially, if the court determines that the petitioner is entitled to relief, it will appoint three disinterested commissioners who must... View More

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2 Answers | Asked in Copyright for North Carolina on
Q: Can I print Bible verses from a modern Bible translation to make bookmarks and give to the church members for free?
Alan Harrison
Alan Harrison
answered on Aug 29, 2024

You certainly can. Whether you would be likely to get sued is a different question, and whether you would be likely to lose such a lawsuit for copyright infringement is a third question.

Question 2: if you're just making bookmarks for fellow churchgoers, it's unlikely the Bible...
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1 Answer | Asked in Civil Litigation and Health Care Law for North Carolina on
Q: Can hospitals be held liable for honoring a bogus hcpoa? One that any reasonable person would know to be suspicious?
Tim Akpinar
Tim Akpinar
answered on Aug 22, 2024

A North Carolina attorney could answer best, but your question remains open for two weeks. It could depend on what damages were incurred as a result of improperly honoring the POA. It would be fact-specific. It could also be a jury's call as to what a "reasonable person" standard... View More

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Is my property protected from seizure by Medicaid or any other threat?

I purchased a home 1990. Granted my mother life rights 1992.

The specific wording on the North Carolina Warranty Deed is:

“GRANTORS convey to GRANTEE a Life Estate in the tract herein described.”

There are no liens on the property and no disputes.

Anthony M. Avery
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answered on Aug 21, 2024

You as the remainderman will probably be alright. But if the Government wants to lease it for the rest of her life, it is possible you will be out of possession for awhile. If so, you will have to sue for possession, ejectment, etc. at her death. Hire a NC attorney to consult with, but there... View More

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for North Carolina on
Q: Is it illegal for a spouse to place a tracking device on a vehicle that is marital property?

A vehicle purchased via loan by Spouse B during a marriage, with loan payments made from Spouse B's own account where their income is deposited (marital funds), titled in Spouse B's name only.

NCGS § 50-20(b)(1) classifies the vehicle as marital property, making Spouse A an owner... View More

Brian King
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answered on Aug 19, 2024

Parties who are considering tracking their spouses’ movements can refer to North Carolina General Statute §14-196.3(b)(5). This statute both defines the state’s understanding of an electronic device and notes that to install such a device, the installer must have their name on the affiliated... View More

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: Does an ex-girlfriend have standing to claim her deceased ex-boyfriend's estate? (Georgia, USA)

There is a lot of information to write down. The situation in short is my family member is dead. His girlfriend broke up with him, according to a documented police report & body cam footage, the night he died in an accident. She now provides a Living Will (Not Will & last testament) printed... View More

Anthony M. Avery
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answered on Aug 16, 2024

No claim to estate assets as either a spouse, will beneficiary nor heir. However Decedent's relatives need to hire a GA attorney to start a Probate if there are any decent assets. Quickly... If GF was on a Banking Account, then it will be cleaned out and not an Estate Asset.

1 Answer | Asked in Traffic Tickets, Car Accidents and Insurance Defense for North Carolina on
Q: I got a citation for "Operate a motor vehicle on a street or highway without decreasing speed as necessary to avoid

Collision, and I looked it up and this is considered a criminal offense and I don’t know what this means for me or what I should do for my situation. I was not speeding and did attempt to stop, I was not on my phone and my insurance app shows that and I was not intoxicated. I attempted to brake... View More

Tim Akpinar
Tim Akpinar
answered on Aug 9, 2024

A North Carolina attorney could advise best, but your question remains open for two weeks. In terms of your question on what to do, reach out to attorneys without further delay to discuss, which you've probably done by now. In terms of specific guidance, an attorney is probably going to... View More

2 Answers | Asked in Tax Law and Collections for North Carolina on
Q: Home is under a Contract for Deed from a trust. Seller's name on deed. Can the IRS use this equity for collections?

Good morning. I have a question about filing IRS form 433-f (Collection Information Statement) for the purpose of requesting "Account Not Collectible" status in regards to several unpaid and/or unfiled tax years. In the section asking about home equity - do I need to include my home and... View More

James L. Arrasmith
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answered on Jul 23, 2024

Good morning. When filling out IRS Form 433-F, you do need to consider the home equity section. However, since you are purchasing your home under a Contract for Deed and the title is still in the seller's name, you technically do not have ownership or accessible equity in the property yet. In... View More

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2 Answers | Asked in Tax Law and Collections for North Carolina on
Q: Home is under a Contract for Deed from a trust. Seller's name on deed. Can the IRS use this equity for collections?

Good morning. I have a question about filing IRS form 433-f (Collection Information Statement) for the purpose of requesting "Account Not Collectible" status in regards to several unpaid and/or unfiled tax years. In the section asking about home equity - do I need to include my home and... View More

Jeffrey "Anton" Collins
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answered on Jul 23, 2024

I agree with James L. Arrasmith, in part.

It is true that the IRS does not usually attach itself to the title of any asset (like your home) if you are not included on the title. However, if you have enforceable rights of ownership, and those rights bear an equity interest, then the IRS can...
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Q: Can I overturn a conviction from a plea deal if the evidence used to search my property was falsified?

I was pulled over with marijuana, gave the cops my box of paraphernalia, they gave me a ticket for possession. Months later the charges were dropped and new charges for trafficking were put on me. In the discovery of my felony charges it was claimed that a 3rd party contacted them with additional... View More

James L. Arrasmith
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answered on Jul 21, 2024

If the evidence used to search your property was falsified, you may have grounds to overturn your conviction. Given that the witness claims they never contacted the police and is willing to testify to that under oath, this new evidence could be crucial. You should file a motion to withdraw your... View More

1 Answer | Asked in Constitutional Law for North Carolina on
Q: Is it considered excessive force for the police to bust car windows out on my children knowing they are in the car?

The driver was eluding, but then clearly stops the vehicle, and says I'll stop please I have kids in the car then they bust the windows out on the kids they already knew where in the car plus the driver yelled it.

James L. Arrasmith
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answered on Jul 21, 2024

If the police used force to break car windows despite knowing there were children inside, and the driver was actively cooperating by stopping the vehicle, it could be considered excessive force. Law enforcement officers are generally expected to take into account the safety of all individuals... View More

1 Answer | Asked in Bankruptcy, Divorce and Family Law for North Carolina on
Q: How do I keep the house if my ex files for bankruptcy?

I am divorced but I can't get my ex to finish the ED. It's been 4 years already and there's always a "reason" for it to be continued when we go to court for it.

He hasn't lived here in 5 years. I pay all the bills, live here with the kids and he is not... View More

James L. Arrasmith
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answered on Jul 2, 2024

This is a complex situation involving divorce, equitable distribution (ED), and bankruptcy law. Here's a general overview of steps you might consider, but please note that you should consult with a local attorney who specializes in both family law and bankruptcy for specific advice:

1....
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1 Answer | Asked in Traffic Tickets for North Carolina on
Q: If I got my first speeding ticket for going 38 in a 25mph can I possibly plea it down to improper equipment?

I have never used this and have been a great driving record.

Neubia Harris
Neubia Harris
answered on Jul 2, 2024

It is possible that an Assistant District Attorney will plead this down to improper equipment. You should have a copy of your driving record with you when you go to your first appearance. If it is clean, and you have had no other traffic infractions, you are more likely to get the remedy you... View More

1 Answer | Asked in Insurance Defense, Car Accidents and Personal Injury for North Carolina on
Q: I am facing a auto bodily injury claim.

I was driving in my neighborhood and as I was passing a construction area, a worker walked into my car and bumbed into driver side door. He was working between a truck and a construction machine and was not visible to me. Now his attorney has filed a claim that I caused bodily harm. After the... View More

Tim Akpinar
Tim Akpinar
answered on Jul 1, 2024

A North Carolina attorney could advise best, but your question remains open for a week. Yes, it sounds like you have a valid basis for a defense. You should make a copy of the file and provide it to the defense attorney that your insurance company should be assigning to you shortly (if they... View More

1 Answer | Asked in Arbitration / Mediation Law and Employment Law for North Carolina on
Q: Is there a way to get out of signing a mandatory arbitration agreement that the company I work for is giving employees

They won't fire employees for not signing but if we don't sign they will still give us a non-signature agreement. Most employees do not agree with these forms we are being forced to sign because too much bad happens in this company.

Tim Akpinar
Tim Akpinar
answered on Jul 1, 2024

A North Carolina attorney could advise best, but your question remains open for a week. Until you are able to speak with an experienced employment attorney, such agreements are often "take it or leave it." It could depend on the industry, but in the maritime industry and a few other... View More

2 Answers | Asked in Copyright and Intellectual Property for North Carolina on
Q: Greetings all, would desperately love to hear your expert opinions. I have this original artwork

Greetings all, would desperately love to hear your expert opinions.

I have this original artwork that was done by a patented printing process and was purchased and commissioned by the family.

I purchased the original artwork from the original owners who had this commissioned as... View More

James L. Arrasmith
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answered on Jun 27, 2024

To provide the most accurate advice for your situation, it's important to consider several factors regarding copyright law and the specific details of your artwork. Here's an analysis of the key points:

1. Copyright duration:

In the United States, for works created before...
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2 Answers | Asked in Copyright and Intellectual Property for North Carolina on
Q: Greetings all, would desperately love to hear your expert opinions. I have this original artwork

Greetings all, would desperately love to hear your expert opinions.

I have this original artwork that was done by a patented printing process and was purchased and commissioned by the family.

I purchased the original artwork from the original owners who had this commissioned as... View More

Bao Tran
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Bao Tran
answered on Jul 25, 2024

Based on the information provided, here's an analysis of your situation regarding the reproduction and potential copyright of the artwork:

Original Artwork Ownership:

You have purchased the physical artwork and have a bill of sale, which gives you ownership of the physical...
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1 Answer | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for North Carolina on
Q: I'm wanting to know the penalties behind FSA (Flexible Spending Account) fraud?

And I know it may seem obnoxious but I was truly unaware. I submit receipts for Massage Therapy reimbursement through my FSA plan & I'm paid. I recently found out my medical insurance covers massage therapy & so I submitted a claim there for reimbursement & it was approved. My... View More

James L. Arrasmith
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answered on Jun 21, 2024

This situation involves potential fraud related to Flexible Spending Accounts (FSAs) and health insurance claims. Here's an overview of the legal implications and potential penalties:

1. FSA and Insurance Fraud:

What you've described could be considered fraud against both...
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