In these difficult times (thanks to the COVID-19 virus) and local and statewide orders prohibiting gatherings to protect public health, it is likely impossible to physically gather all of the people required to hold your Association’s membership meeting. If your Association’s governing documents allow holding an electronic or telephonic meeting, then that is a great option. We have previously written regarding the best ways to hold electronic or telephonic meetings However, even if your governing documents do not provide any authority to hold an electronic or telephonic membership meeting, you do not necessarily need to postpone your meetings. Your Association … Continue reading
Author Archives: Administrator
CARES Act Imposes 120 Day Moratorium on Some Residential Evictions
The Federal CARES Act that was signed into law on March 27, 2020 includes a 120-day moratorium on evictions of tenants in federally financed housing based solely on nonpayment of rent or other fees or charges. The CARES Act further prohibits a lessor/landlord of a covered property from charging any tenant fees, penalties or other charges for nonpayment of rent during this time. During the moratorium period, the landlord of a covered property also cannot “require a tenant to vacate a dwelling unit before the date that is 30 days after the date on which the lessor provides the tenant … Continue reading
Greensboro and Charlotte North Carolina Probate in the Midst of Coronavirus
While things have generally slowed down during this pandemic, the Courts have remained open to certain departments that simply cannot be put on hold. Two of these include: (1) Estates – this is where Probate Estates are administered, Spousal Allowance applications are processed and other similar matters. Probate is the court-supervised legal process that gives someone (executor or administrator) the authority to administer an estate. Administering the estate includes gathering the assets of the deceased person, paying the taxes and final bills and at the end distributing any remaining assets to the beneficiaries named in the Will or set out … Continue reading
Quiet Title Actions in North Carolina
We frequently field questions from clients regarding their ownership in property that has been passed down through multiple generations of family members. Issues tend to arise due to how title is held to the property. Sometimes, several members of a family own a small share of a piece of property but are unsure of their exact ownership interests. This can result in confusion and the inability to immediately sell the property to an eager buyer. Frequently, property held by a family for generations is never deeded down the generational line. This results in a perceived gap or uncertainty in ownership. … Continue reading
Landlord/Tenant Issues In the Midst of COVID-19
In an effort to reduce courthouse traffic and slow the spread of COVID-19, Chief Justice Beasley has halted all eviction hearings through April 17, 2020. Below is some clarification of what this means for landlords and tenants in North Carolina. Keep in mind that each lease is different, so it is important that you carefully read the terms of your lease to determine exactly what your rights and obligations are. If you are in doubt, the attorneys at Law Firm Carolinas can assist you with offices in Greensboro, Charlotte, Wilmington and the Triangle. *Be aware that this information is subject … Continue reading
Are Your North Carolina Last Will and Testament and Guardianship Designations up to Date in the Midst of Coronavirus
Living with the reality of the COVID-19 pandemic, has made many people step back and take actions that ensure they are prepared. In the short term that means fighting the lines for food and cleaning supplies but in the long term it means making sure that all recommended important legal documents are up to date. Only two weeks ago, we thought that only older people were affected but now we know that people of all ages are at risk. Persons of all ages are reminded to make sure they have a Last Will and Testament in place. Young parents are … Continue reading
North Carolina Powers of Attorney, Advanced Directives and Beneficiary Designations in the Midst of Coronavirus
Living with the reality of the COVID-19 pandemic, it is important for each individual to decide who it is that they trust most to make medical decisions if they cannot make those decisions themselves. Many of us may get sick and in that case, we may need someone to make important decisions for us. If you have not already done so, this is the time, while you are well and thinking clearly, to make those decisions and memorialize them in the appropriate legal documents. This advice is not only intended for older people but for anyone over the age of … Continue reading
It May Be A Tiny Home, But Is It A Tiny Price?
It’s a tempting fad if you think about it—being able to purchase a beautiful new house for half the price and only have to clean half of a house. With home prices continuing to soar, and home inventory becoming less readily available every day, Reality TV shows focused on finding the right Tiny Home are starting to plant the seed in more and more home buyers’ minds that maybe they COULD give up some of the convenience that comes with the size of a traditional home. However, before you jump onto the Tiny Home bandwagon, there may be a couple … Continue reading
Handwritten (Holographic) Wills in North Carolina
North Carolina recognizes hand written Wills known as Holographic Wills in certain circumstances. A holographic will is handwritten, not typed, and must be entirely in the handwriting of the person making the Will (known as the Testator or Testatrix). Holographic wills are valid without witnesses, but the testator must still sign it. In addition to having the Testator’s name, the holographic Will must also be found: among the his or her valuable papers or effects, or in a safe-deposit box or other safe place where it was deposited by the testator or under the testator’s authority; or in the possession … Continue reading
Why Suze Orman May Not Get It Right for North Carolinians
There are many interesting legal and financial correspondents on television and the radio. They serve a great purpose; to educate consumers on options for their consideration. However, in many circumstances, it can be dangerous to take their advice. These correspondents speak from a national platform and not necessarily one that pertains to those living in North Carolina. I find often when someone like Suze Orman gives advice, it may be great advice for someone who lives in California. As an attorney also licensed in California I nod my head in agreement for some of the advice she gives but … Continue reading
DRONE FLIGHTS OVER PROPERTY: What Are My Rights?
Drone usage has become increasingly popular and is only expected to increase in coming years. Although the vast majority of commercial and recreational drone fliers are responsible rule-followers, there are always a few who will break or bend the rules to the displeasure of their neighbors. General rules dictate that drones (or a UAS/UAV, to the fliers) must be flown within line of sight of the operator, may not be flown over people, may not be flown more than 400 feet above ground level, and may only be flown during daylight hours, among other things. Complaints about “illegal” drone flights … Continue reading
New 2020 Tax Law Ends The Stretch IRA
Under the law prior to January 1, 2020, if you inherited an IRA you could stretch out the required minimum distributions over your own lifetime. Stretching an IRA in this way allowed beneficiaries to receive income but also continue to realize the benefits of a tax advantaged investment. This tax benefit has now been killed by the new law signed by President Trump last week as part of the government’s spending bill. Under the new “Secure Act” which stands for “Setting Every Community Up for Retirement Enhancement” effective January 1, 2020, anyone who inherits an IRA (with an exception if … Continue reading
The Basics of Title Insurance
Real estate purchasers can protect themselves from the possibility of a title defect claim by closing their real estate transaction with a law firm that is experienced in navigating the complexities of real property title. If you have a question regarding title insurance or are interested in using our services for closing your real estate transaction in North Carolina or South Carolina, the attorneys at Law Firm Carolinas are available to assist you. Purchasing a home is one of the most rewarding and exciting experiences in one’s life. It can also be a very confusing process for first-time homebuyers or … Continue reading
To Tow or Not to Tow?
One of the “hot-button” questions we receive from HOAs is about their authority to tow vehicles that are improperly parked in the subdivision. The primary question that the HOA needs to ask is whether the vehicle they want to tow is parked in a Common Area (parking lot or private street in most cases). If the answer to that question is yes, then as long as the Declaration provides the HOA authority to control and maintain those common areas, then the Board of Directors can establish reasonable rules for the use of those common areas, which could include towing improperly … Continue reading
What is a Trust?
Often clients tell me that they want a trust and immediately thereafter admit they really are not sure what a trust is or if they need one. They wonder if it is like a corporation or a contract or a Will? There are all different types of trusts but when the question comes up like this, typically people are asking about “revocable trusts” also known as “living trusts.” A revocable trust is a little like a Will and also like a contract or an agreement. However, you still need a separate Will when you establish this type of trust. They … Continue reading
The Basics of Title Insurance
Purchasing a home is one of the most rewarding and exciting experiences in one’s life. It can also be a very confusing process for first-time homebuyers or for people that do not deal in real estate transactions often. One of the more confusing aspects of a real estate purchase is the importance of title insurance. Prior to sitting at the closing table, very few buyers have ever heard of, let alone understand, the concept of title insurance. Title insurance can protect the buyer and the lender, if a home loan is required for purchase, from undue loss caused by a … Continue reading
Best Lawyers Recognition 2020
Law Firm Carolinas and two of its attorneys have been named to the 2020 US News Best Lawyers in America. Jim Slaughter has been recognized by Best Lawyers in the practices of Community Association Law and Real Estate Law. Keith Black has been recognized by Best Lawyers in the practice of Family Law. Law Firm Carolinas is again the only firm in North Carolina with a listing of “Community Association Law.”
Hurry Up and Wait – What If My Closing Is Delayed?
A typical real estate transaction is complicated and has many moving parts. In plainest terms, many parties have to come together, ready and willing to move forward at one time, for a real estate transaction to close. Nearly every aspect of real estate transactions has increased in complexity, and despite advances in technology, delays are still common. When a delay arises, one of the first questions asked is: “What are my rights?” Some may wonder if a delay is a breach of the contract. More often than not, a delay is not necessarily a breach of the contract, … Continue reading
New Firm Facebook Page
Law Firm Carolinas has a new Facebook page where you can keep up with firm activities, read recent blogs, and find out where attorneys are speaking (and includes a photo from this morning’s Piedmont Education Breakfast where Steve Black spoke on Declaration Amendments: Pandora’s Box)? The new page can be found at www.facebook.com/BlackSlaughterBlack. We ask that you follow it, like it, and share it!
Could Your Last Will and Testament be Ambiguous?
New North Carolina Court of Appeals Case The North Carolina Court of Appeals issued a new opinion today in the area of Estate Administration in the case of Brawley v. Sherrill. In this case, the Will provided for an estate to pass equally to Zoe’s two children but if either of the children predeceased Zoe that either his or her share shall go to Zoe’s grandchildren. One of Zoe’s children, a son, predeceased her so the question presented to the Court was does the deceased child’s share go to his children or to all of Zoe’s grandchildren and not just the … Continue reading