Archived
Can one sibling out of three sibling stop a land ownership when there is a will that says who will get certain apart of the land
Brenton's answer
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Answered on November 13, 2018
The sibling can file for a caveat and challenge the validity of the will.
Otherwise, it is up to the executor to carry out the provisions of...
Archived
What are my first steps in acquiring a home I currently live in, that has been left to me in a trust by my mother?
Brenton's answer
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Answered on November 13, 2018
Who is the trustee of the living trust? If it is someone other than your mother, or if there is a successor trustee, then they should be able to...
Archived
How do I get added to a Real Estate Deed?
Brenton's answer
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Answered on November 13, 2018
If you have not probated the will, you will need to do so before title can pass to you. However, that will not put your name on the deed itself....
Archived
Can I move to Florida with my daughter?
Brenton's answer
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Answered on November 12, 2018
It is important to know that even though you and your husband are separated, you both have 100% custody. You can technically move to Florida....
Archived
Can I remove a family members personal belongings from my rental property?
Brenton's answer
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Answered on November 12, 2018
It sounds like the property is abandoned. You can certainly send a letter informing them that if they do not move the items, you will dispose of...
Archived
Will it be a criminal offense to have a wedding ceremony in NC when marriage license is misplaced?
Brenton's answer
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Answered on November 12, 2018
Yes. Per NCGS § 51-7, if the officiant of the marriage solemnizes the marriage without first being presented with the marriage license, the...
Archived
Credit card debt, elderly?
Brenton's answer
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Answered on November 12, 2018
The credit card company can seek a judgment if the bill is not paid. A judgment will allow the credit card company to place a lien on his assets....
Archived
Equitable distribution
Brenton's answer
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Answered on November 12, 2018
No. When a claim for divorce is filed, it brings with it the possibility of other claims: alimony, child custody, child support, and equitable...
Archived
How does one fight for custody of a neglectful family member's child?
Brenton's answer
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Answered on November 12, 2018
If you are seeking custody of the child, you may file suit in the county where the child resides. Abuse, neglect, and unfitness to parent are...
Archived
Can my mother, legally incompetent, marry someone else in her nursing home who is not incompetent?
Brenton's answer
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Answered on November 12, 2018
In NC, a marriage is considered void if one party lacks capacity i.e. is incompetent. Thus, they cannot legally marry.
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