Ask the Law Guy

Ask the Law Guy

Have you got a question about:

The law?
The legal system?
A legal problem?

E-mail it to me and I'll pick the most interesting to answer here.

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I appreciate the GOOD advice. I plan to call my probate attorney to followup.

This seems like a simple question, but I cannot get an authoritative answer. I am in the midst of divorcing, and was granted ownership of "my" car in a separation agreement that has been filed with the NC courts. Both names are on the title, and I want to get his name off. There is a place on the back of the NC title document where you can sign the title over to someone who purchases your vehicle (but no place specifically for a non-sale transfer), but I'm concerned that if we just complete the required sections as instructed, I'll have to pay sales tax on a court approved vehicle transfer. What should I do?

Get your husband to sign the vehicle over to you and take the separation agreement with you to the license tag office. Your husband will have to have his signature notarized.

My neighbor backed his car into a tree that is three feet within my property. He told me that I should be responsible for the damage to his car because he claimed the branch he hit encroached on his property. I went to look at the branch but he informed me that he had cut the branch off.

Who is liable for the damage? I doubt the branch was encroaching, and even if it was, this guy should have taken care not to hit it.

Thanks for the help.

He who striketh the tree shall payeth the repair bill. Yea though he may seeketh compensation from the owner of the tree, that claim shall be denied and he will take nothing.

I'm looking for a lawyer that can give me some info and direction on a car dealership. I had an accident in my car about 4 years ago, the dealership painted my car. Now they have been bought out by another dealership, changing there name but same location in 2002. My paint job was a lifetime guarantee at this place and now there saying they can't repaint my car unless I pay for it and its been chipping and eventually going to fall off.

I'm going to assume that the car dealer that repaired your car was a corporation that went out of business and the new dealership corporation bought the assets of the old dealership and uses those assets to confuct business. That means the new corporation has no obligation to repair the paint job because the lifetime guarantee was made by a company that is no longer in business.

A lifetime guarantee is only as sound as the company that stands behind it. If the company goes out of business there is no one in existence to honor the guarantee.

I have been charged with having a cane that had a sword made inside it. If I am a felon is this a weapon?

A sword cane is a deadly weapon even if you were not a felon. It is illegal to carry a concealed weapon in N.C. Since the sword part is concealed in the cane, it would be a weapon.

Felons cannot legally possess firearms anywhere in the United States.

Hi, I'm having a really hard time trying to figure something out. When I went to the DMV a few years ago to get my ID, I brought my birth certificate and my marriage license as proof. I wish I had brought my social security number but my wallet was recently stolen. Anyway, the guy that was helping me had took it upon himself to use my husband's last name as mine even though I had wanted to keep my maiden name. I didn't see this error, though, until I was home. But I figured since I was going to get my permit in a few weeks and would have to pay to get another ID, I'd wait. When I went back, I told them my name was wrong and they corrected it for me. Then another few weeks later, I went back to get my driver's license but this time, the lady working with me changed my name back. She said it was what was in the computer record. I told her I wanted it changed and she told me I would have to bring in a birth certificate. So I did, but yet again, I ran into another problem. This time they told me I had to keep my name that way and that the only way to change it back to my maiden name was through court. I don't understand this. I always thought you had a choice as to whether or not you wanted to take after your husband's last name and if you did, you had to go to court and get it changed legally. So why do I have to go to court to get my maiden name back if I never legally changed it in the first place? What do I have to do to correct his problem?

I always have a hard time figuring out everything that involves the DMV, so welcome to the club. A person's legal name is the given by the parents on their birth certificate, until they change it. A person can change names by adopting a spouse's name at marriage. Usually the marriage certificate will be accepted to change the name on ID's such as driver's licenses. If a person with a N.C. birth certificate goes to court for a name change, North Carolina will issue a new birth certificate with the new name. If you never adopted your spouse's name then the DMV should have corrected the name on the license. I think the DMV is in the wrong here, a driver's license should have been issued in your legal name at the time you applied for it.

Good luck convincing the DMV it is wrong. Try writing a letter to your local legislator explaining the problem and ask that they intervene with the DMV.

Important fine print

The owner/operator of this website is Bryan Gates, an attorney in Winston-Salem, N.C. E-mailing a question to a website (even a cleverly designed website) is no substitute for live, in-person contact with an attorney if you have a legal problem. In order to avoid legal troubles of my own, I cannot answer questions about the laws of states other than North Carolina. For more information about The Law Guy, check out:

www.attorneygates.com

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