N. Gregory Dewitt’s Answers

N. Gregory Dewitt

Durham Business Attorney.

Contributor Level 9
  1. How do you get an executor to follow through with the will?

    Answered over 3 years ago.

    1. N. Gregory Dewitt
    2. John G. Miskey IV
    2 lawyer answers

    It depends on the language of the will. In NC, real property transfers to the beneficiaries (or heirs) upon instant of death but remains subject to the claims of creditors until certain notices and actions have occured. Most wills have language that would permit the executor to sell the property to pay claims against the estate. I think you need to hire local counsel and ask them to review the estate file. Twenty-five years is too long for an estate to remain open (though sometimes its...

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  2. Do I need to hire an attorney for my child's court case? Hi is charged with destruction of govermment property

    Answered almost 4 years ago.

    1. N. Gregory Dewitt
    1 lawyer answer

    I would advise either hiring a private attorney or if your situation warrants it, ask the court to appoint counsel for him. He needs the skill of an attorney to help him navigate the possible alternatives to a criminal conviction.

    1 person marked this answer as helpful

  3. Does lying about previous marriages on marriage certificate make it null and void?

    Answered almost 4 years ago.

    1. N. Gregory Dewitt
    1 lawyer answer

    Most likely not. However, if he was still married to a previous wife when he married you, then yes the marriage is null and void.

    1 person marked this answer as helpful

  4. Can a person on probation for felony pot sales in CA, cross into Mexico and then back to US with no problem?

    Answered about 4 years ago.

    1. N. Gregory Dewitt
    1 lawyer answer

    Crossing borders can be problematic for anyone. Customs agents are human beings and if they are having a bad day or something makes them suspicious, you are subject to their inquiries. It is their job to be suspicious of everyone. You have very limited rights as a citizen in customs areas. Furthermore as a felon, you probably will be flagged for additional security screening upon re-entry. I would have a written authorization letter from your probation officer before I even thought about...

    1 person marked this answer as helpful

  5. Can I sue a car dealership for intentionally not disclosing damage to a vehicle?

    Answered about 4 years ago.

    1. N. Gregory Dewitt
    2. Ronald Lee Burdge
    2 lawyer answers

    Mr. Burdge gives an excellent answer. In NC, if the vehicle has been in an accident where the damage exceeds 25% of the value of the vehicle, then it must be disclosed on the title transfer documents. If it was less than 25% of the value of the vehicle at the time of the accident, that may be the basis for their claim that they didnt have to disclose. Depending on the damage and whether the repair fixed the damage, you need to make an analysis as to whether it makes sense to hire a lawyer...

    1 person marked this answer as helpful

  6. In North Carolina if a parent signs over their rights are they still obligated to pay child support?

    Answered about 4 years ago.

    1. N. Gregory Dewitt
    1 lawyer answer

    The obligation to pay child support will remain until your rights are terminated by a court order. Even then, I think a judge has the option to require the terminated parent to pay support to avoid the child becoming a ward of the state.

    1 person marked this answer as helpful

  7. Wrongful eviction?

    Answered about 4 years ago.

    1. N. Gregory Dewitt
    2. Stephen F Wallace
    2 lawyer answers

    A landlord may not evict a tenant for a good faith complaint or request for repairs that are a landlord's responsibility. In your case, it appears that you are entitled to bring up this a defense at the summary ejectment hearing. HOWEVER, if you are truly on a month to month lease, then they are only required to give you seven days notice to terminate your lease unless you have a written lease agreement that says otherwise. There is an exception to that rule if you own the trailer and are...

    1 person marked this answer as helpful

  8. I received a notice of a motion for a summary judgment. I feel I am prepared to do this, except a simple question that I can not

    Answered over 3 years ago.

    1. N. Gregory Dewitt
    2. Pamela Koslyn
    3. Michael S. Haber
    3 lawyer answers

    The previous answers by the out-of-state attorneys are excellent. You really do need to hire local counsel if you intend to oppose the MSJ. While the Durham County judges give quite a bit of leeway to pro se defendants, you will probably lose the motion (and therefore the case) against an attorney.

  9. Residential Apartment Lease requires 60 days notice for termination in NC?

    Answered over 3 years ago.

    1. N. Gregory Dewitt
    2. Bernard S. Antin
    2 lawyer answers

    It depends on what the lease says. If the lease automatically renews unless either party gives 60 days notice prior to the lease term end date, then you are in the lease for whatever the renewal term is.

  10. Can I be sued for back rent if I' never lived there?

    Answered over 3 years ago.

    1. N. Gregory Dewitt
    1 lawyer answer

    Yes, the landlord may be able to sue you for unpaid rent. The landlord would have a duty to mitigate his damages and attempt to find another tenant, but the standard for how hard he has to try is pretty low. What happened to the security deposit? Did they keep it and send you notice that they were going to keep it?