Suppose you were awarded a money judgment against an opposing party but, not surprisingly, the defendant didn’t immediately write you a check to satisfy the debt. How long is your judgment valid? In North Carolina, a judgment is valid for ten years from the date it was awarded by the Court. The judgment can be renewed for another ten years, giving a judgment creditor additional time to try to collect the money owed. A judgment is renewed by filing a second lawsuit for the remaining amount due on the original judgment. This second lawsuit must be filed within ten years … Continue reading
Author Archives: Administrator
Airspace Rights and Property Owners
Property owners are increasingly concerned about their rights with respect to aircraft overflying their property. The skies are becoming more and more crowded, particularly with the increased availability of unmanned aerial vehicles (e.g., “drones”). Land owners now wonder where their property rights begin and end, and what can they do about offending aircraft. The rules governing the interplay between land owner rights and aircraft rights are complex and, in some cases, unsettled. Traditionally, it was thought a property was owned from the center of the Earth to the Heavens. With the advent of modern aviation, that view has changed dramatically. … Continue reading
We Buy Unwanted Houses…Or Do They?
The Charlotte area real estate market remains hot and with that comes opportunists looking to make a dollar in real estate. I receive solicitations from investors who claim to want to buy my house weekly (sometimes, three or more per day in my mailbox). Telephone posts across the city are adorned with advertisements proclaiming to “Buy Unwanted Houses” or “Pay Cash for Your House”. No doubt, it is tempting to want to cash in on the appreciating value of homes in the area. However, homeowners should be cautious if they are approached by persons or companies who “pay cash for … Continue reading
2018 New Power of Attorney Act in North Carolina
As of January 1, 2018, North Carolina has adopted a version of the Uniform Power of Attorney Act. This new statute overhauls the way we look at Durable Powers of Attorney. A Power of Attorney is a legal document that authorizes someone else to act as your Agent. “Durable” just means it remains valid even after the Principal becomes incapacitated, until a stated termination date or event occurs, or the Principal dies. Financial Exploitation from Powers of Attorney is a growing problem and this new Act is intended to provide intelligibility for those serving as Agents (we used to call … Continue reading
Be Wary of Talking to Any Insurance Company After an Automobile Collision
Being involved in an automobile collision can be scary and overwhelming. Immediately after the collision, people want you to tell them what happened. You likely will be contacted by the at-fault driver’s insurance company, or even your own insurance company, wanting you to sign paperwork or give a recorded statement. The next thing you know, they are denying your claim and you’re trying to figure out what went wrong. If you are involved in a car accident, the insurance companies are looking for any detail they can find to deny your claim or reduce the amount of money they have … Continue reading
THE COURT OF APPEALS GOT IT WRONG – AGAIN!
The North Carolina Court of Appeals has struggled with its interpretation of the divisible property statute since its enactment in 1995. This statute, codified at G.S. Section 50-20(b)(4), provides for the division of certain assets and debts that were acquired after the date of separation. The first issue they have incorrectly decided on a number of occasions was the implementation of Section 50-20(b)(4)(d) which currently provides that “divisible property” includes “all passive increases and passive decreases in marital debt and financing charges and interest related to marital debt.” The error the Court of Appeals repeatedly made was to distribute assets … Continue reading
Budget Ratification Meetings Basics – What You Need to Know
The Planned Community Act and the Condominium Act require most homeowners associations and condominium associations to hold budget ratifications meetings. What are these meetings? A budget ratification meeting is a meeting of the owners of the association to review the proposed budget that has been adopted by the executive board. The budget ratification meeting has a number of different requirements and provisions that are unlike other meetings of a community association. Notably, a budget ratification meeting does not have a quorum requirement, which is dramatically different from typical annual or special meetings. In addition, the budget ratification meeting has special … Continue reading
Drone Photography and Real Estate Agents
“Drones”, or unmanned aerial systems (“UAS”), have made their into the marketing tool kits for many real estate agents, and for good reason. A UAS can help produce splendid aerial views of properties for sale and give listing agents the ability to market properties in ways that were previously impractical or cost prohibitive. Your marketing literature will stand out from the crowd with the photography UASs can provide. However, obtaining these shots with a UAS can subject you to liability if you do not follow the applicable laws and rules concerns the operation of these systems. First of all, operation … Continue reading
Grandparent Custody… When your child is unable to care for their child.
In North Carolina, biological parents maintain superior rights to custody of their children which is a fundamental right protected by the Fourteenth Amendment to the US Constitution. However, there may be circumstances that exists in which a parent loses those superior rights and a grandparent is able to intervene and request custody of their grandchild. Before a grandparent can be considered as a custodian for their grandchild, the grandparent must be granted standing by the Court to pursue custody. In order to be granted standing to pursue custody, the grandparent must show by clear, cogent and convincing evidence that the … Continue reading
Estate Tax Exemption to Exceed $11 Million per Couple
It’s official. For 2018, the estate and gift tax exemption is $5.6 million per individual, an increase from $5.49 million in 2017. That means an individual can leave $5.6 million to heirs and pay no federal estate or gift tax. A married couple will be able to shield $11.2 million from federal estate and gift taxes. And the annual gift exclusion amount is $15,000 for 2018, the first increase in five years. If you make lifetime gifts over that amount, they count against the estate tax exemption amount, which is actually a combined estate/lifetime gift exclusion amount. It has adjusted … Continue reading
Taliercio Elected National Officer for Parliamentary Lawyers
Law Firm Carolinas attorney Michael Taliercio has been elected 2018 national Treasurer of the American College of Parliamentary Lawyers (ACPL). Taliercio is a Professional Registered Parliamentarian with the National Association of Parliamentarians and a Fellow in the ACPL, which recognizes attorneys who have distinguished themselves in the practice of parliamentary law, including lawyers who advise conventions, condominium and homeowner associations, governmental bodies, and nonprofits.
Best Lawyers Recognition
Two attorneys at Law Firm Carolinas have been named to the 2018 edition of U.S. News – Best Lawyers. Best Lawyers recognition is based on peer reviews and client recommendations. Barbara Morgenstern been recognized by Best Lawyers in the practice of Family Law as well as Family Law Mediation. Barbara has also been named a “Legal Elite” by Business North Carolina magazine and a North Carolina Super Lawyer for Family Law. She is a Certified Specialist in family law by the NC State Bar, a Fellow of the American Academy of Matrimonial Lawyers, Past President of the NC Chapter of the American Academy of Matrimonial Lawyers, … Continue reading
Primer for Real Estate Brokers: Getting Your Deal Closed Like a Pro
As a real estate broker, getting a signed sales contract in hand is one of the most exciting parts of the buy/sell process. A lot of time and effort goes into bringing a buyer and seller together to agree on the sale terms for a piece of property. But, getting the contract signed only signals the beginning of the next phase of the process. Brokers should be well informed of the steps in the closing process to be able to advise of and explain the process to their clients. Being able to set expectations in advance of closing will help … Continue reading
WE ARE GETTING A DIVORCE – HOW DO I GET MY FAIR SHARE OF MY SPOUSE’S RETIREMENT BENEFITS?
One of the largest assets in many marriages is the retirement plan of the spouse who was employed outside of the home during the marriage. Each spouse is presumptively entitled to one-half the net marital estate under North Carolina equitable distribution law, which typically involves distributing a portion of the retirement plan to the non-employee spouse. Retirement plans are divided by a court order which instructs the Plan Administrator to transfer a portion of the retirement plan to the non-employee spouse. An order is required because the retirement plan is listed under the social security number of the employee spouse, … Continue reading
The Effect of Reconciliation on Claims Arising From First Marriage
Our North Carolina family law specialist, Ashley D. Bennington, represented a husband in an appeal before the North Carolina Court of Appeals where the question was whether the wife could refile her claims for equitable distribution and alimony arising from the first marriage of the parties. The Court of Appeals affirmed the trial court’s decision and ruled in favor of our client determining that the wife’s claims were time barred. A copy of the opinion of the Court of Appeals can be found here: https://appellate.nccourts.org/opinions/?c=2&pdf=35539. In the instant case, the parties were separated and divorced in the years 2005 and … Continue reading
Insurable v. Marketable Title in Real Estate Transaction
The current real estate market is fast paced and more complex than ever before. Many sellers of real property want to know they can move their properties as fast as possible without encountering costly delays brought on by unexpected title problems. Larger institutional sellers (e.g., banks) will attempt to prevent some of these unexpected delays by contracting to convey title under a seemingly less stringent standard in order to get their deals closed in the shortest amount of time possible. Often, this is done by agreeing to sell “insurable” title to prospective buyers. But, what is the buyer actually … Continue reading
TEN COMMON MISCONCEPTIONS ABOUT FAMILY LAW
After practicing family law for 31 years, I have noticed that many of my clients have common misconceptions about family law. Some of the most frequent questions the family lawyers at Law Firm Carolinasreceive are: If my wife and I are sleeping in separate bedrooms, does that count for the one-year separation required for absolute divorce? Parties must be physically separated and have separate addresses to count as “separation” for purposes of the one-year requirement for absolute divorce. Does my wife have to account for how my child support payments are used? Child support is supposed to cover … Continue reading
Firm Recognition
The readers of YES! Weekly magazine have selected the firm as a “Best Lawyer/Law Firm.” It’s nice to be recognized! For more information on Law Firm Carolinas and our practice areas, please visit www.lawfirmcarolinas.com
Bidding Wars and Low Appraisals
The current real estate market in Charlotte has a very low inventory for homes being sold. One result of low inventory is the increased likelihood of multiple offers being submitted for a single property. This results in bidding wars where the offers submitted by buyers far exceed the original listing price to ensure that their offer will be accepted over the other offers. However, what many buyers are not aware of is that their winning offer also exceeds the actual appraised value of the property. When the property appraises for a lower amount than what was offered, who should bear … Continue reading
Challenging the Chairman of a Meeting
Have you ever been at a meeting that you did not believe was being run properly? Is the chair ruling every motion out of order? Were you unsure on what you could do or did you feel like there was nothing you could do? Fortunately, there are actions that you can take in these situations. If your group utilizes Robert’s Rules of Order Newly Revised, then there are several procedures that allow you to challenge the chair if you believe the meeting is not being run properly. One procedure some people might not be aware of to challenge the ruling … Continue reading