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.
Author Archives: Administrator
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
Grandparent Rights? Requesting Visitation with Your Grandchild
People often call our offices at Law Firm Carolinasasking about grandparent rights. In North Carolina, grandparents do not have unlimited access to their grandchildren and there is no formal acknowledgement of grandparent rights. For instance, if the mother and father of your grandchild are married and decide at some point that they do not want you or certain other grandparents to spend time with or otherwise have access to a child, the grandparents are left with limited legal options to seek access to their grandchild. Absent a showing of unfitness or acts inconsistent with a parent’s constitutionally protected status where … Continue reading
Successful Real Property Listing Agreements
The real estate market has been getting hot again recently in the Charlotte market, as well as other areas in NC, and this is driving many homeowners to contemplate listing their homes for sale. Some may choose to attempt to market their own properties, but most will find the assistance of a knowledgeable real estate professional to be invaluable. Along with the services of a real estate broker comes documentation. The main document that defines the relationship between a seller and his or her agent is the Listing Agreement. As you might expect, this agreement should ALWAYS be in writing … Continue reading
Tenant’s Rights: What is the Implied Warranty of Habitability?
Renting residential property can have great perks for a tenant. Typically, you’re not responsible for home maintenance and costs of repairs. If something happens, like an appliance stops working, the toilet backs up, or some other repair is needed, all you have to do is call your landlord. In fact, once a landlord has received notice of an “imminently dangerous condition”, the landlord is required to repair the condition within a reasonable time, based upon the severity of the condition. Imminently dangerous conditions include, but are not limited to: – unsafe wiring; – unsafe flooring or steps; – unsafe ceilings … Continue reading
Turning Eighteen or Going Off To College – Estate Planning
Most people don’t think about an “estate plan” until they are well in to adulthood. However, planning for unknown events is something that should be considered as young as age eighteen. Once a person turns18, there is no one with legal authority to act on his or her behalf if the young person should become incapacitated, either temporarily or permanently. A Durable (financial) Power of Attorney as well as a Health Care Power of Attorney would allow that young adult to designate the person or persons that he or she wants to have decision making ability in the event of … Continue reading
Guardianships in North Carolina
When an older person is suffering from a serious illness or impairment, whether physical or mental, which prevents that person from handling their own personal and/or financial affairs, or causes that person to be vulnerable to fraud, a court action known as a guardianship proceeding may be the best solution to address the problem and assist the impaired person. If a guardian is appointed for an adult who is deemed incompetent, the guardian appointed has the legal authority to make decisions on the incompetent’s behalf to ensure his or her personal well-being and/or estate (financial assets and property) remains protected. … Continue reading
Reviewing Your Beneficiary Designations – Retirement Plans and Life Insurance
I tell my clients to review their Wills, Trust and Powers of Attorney every three to five years to be sure that they still meet their intent. Often, all remains the same and no changes are needed. Other times, those named as fiduciaries have died or have had major life changes that no longer make them good candidates to serve as executor, trustee or attorney in fact. Despite the diligence in this review, many people neglect to review their beneficiary designations on some of the most important documents; the beneficiary designation forms on their 401K, IRA, life insurance and other … Continue reading
Legally, Do I Need Something in Writing To Be Separated From My Spouse?
This is probably one of the most frequent questions we as family law attorneys at Law Firm Carolinashear when meeting with clients in our initial consultation. Movies and television shows have led viewers to believe that before you are separated from your spouse, you must have an agreement in place or some other document signed by both spouses declaring that you are separated. While this may be the case in some states, in North Carolina no document or other writing is required in order for spouses to be considered separated. Spouses are considered separated under North Carolina law when the … Continue reading
Using the Motion to End Debate to Keep Meetings on Time
I am regularly asked how to keep a meeting from going on too long. While there are avariety of different procedural tools that can keep a meeting from running on forever, the motion to end debate (also known as the motion for the previous question) is probably one of the best procedural options available if your group utilizes Robert’s Rules of Order Newly Revised. Put simply, the motion to end debate is the motion that seeks to end discussion now and to take a vote on a pending question (or questions). The motion requires a second and then a two … Continue reading
Adding Your Adult Child to Your Bank Account
Often times a client will ask if they should add their child’s name to a bank account and the answer is usually No! The client believes that it will be easier during life if the child is on the account as the child can assist with tasks such as bill payment. They believe it will be easier when client dies if one child is in control. Clients also believe it will save probate costs, and my favorite, even if only one child is added to the account, client’s often misguided belief that child will share the account with siblings on … Continue reading
Trust Protectors in North Carolina – Should Your Trust Have a Trust Protector?
A person who sets up a trust is called a “Grantor” (sometimes this person is also called a Settlor or a Trustor.) The person who manages the trust is called the “Trustee”. A “Trust Protector” (also at times called a “Trust Advisor”) is a person the grantor appoints to ensure that the trustee does what he is supposed to do as set out in the trust, essentially maintaining the integrity of the trust. This person monitors the action of the trustee but is not necessarily involved in the daily actions of the trust. It is a means of achieving checks … Continue reading