There is a question of what happens to a person’s “digital assets” upon death. A Digital Asset is an electronic record in which an individual has a right or interest. Digital assets and content include but are not limited to individual files such as images, photos, videos, and text files. It also includes other digital content and databases owned and/or stored either on a devise owned or used by an individual on devices accessed via the Internet or in a Cloud. Digital Assets also include but are not limited to email accounts, social media profiles (YouTube or Flickr), social networking … Continue reading
Author Archives: Administrator
The Top 10 Reasons to Arbitrate Your Family Law Case
I am stealing one of David Letterman’s acts to tell you why you might want to arbitrate your family law case. North Carolina is behind the rest of the country in many areas of the law but not in the area of family law arbitration. In fact, we were the first state to enact the Family Law Arbitration Act (FLAA), G.S. §§ 50-41 et seq., largely due to the efforts of Raleigh attorney, Lynn Burleson, and Wake Forest University Law Professor George Walker. Other states have subsequently adopted our statutes. What is arbitration? Arbitration is a proceeding where a private … Continue reading
The Doctrine of Necessaries – The True Meaning of “In Sickness and in Health”
On your wedding day, you and your spouse promised to care for each other “in sickness and in health.” Like most newlyweds, you probably didn’t truly understand what those words would mean. North Carolina recognizes the Doctrine of Necessaries, which provides that a spouse is liable for the other’s necessary expenses incurred during their marriage. This legal responsibility exists even when the spouse did not sign as a guarantor or request that their spouse receive the services. What constitutes a “necessary”? A “necessary” is something which is essential to one spouse’s health and comfort. Most often, this doctrine is applied … Continue reading
New Year’s Resolution to Review Estate Planning
As you come upon the New Year, it is a good time to consider whether your estate is in proper order. If you had and major changes in your life, such as divorce, the death of a loved one or a move to a different state, you should review the plan you have in place. I would encourage you to review the plan you have in place every three to five years or sooner if you have had a major life change. It may be that all is in order and no changes need to be made; however, you may … Continue reading
I think I made a mistake getting married …Getting an Annulment in North Carolina
Unfortunately there are times following a marriage that parties realize that their marriage is not going to work. When this happens within a relatively short time following the marriage, we are often asked by clients, “Can’t I just get an annulment?” In North Carolina, annulments are only granted based on limited circumstances set forth by statute. Those circumstances include: · When the parties are first cousins or closer in relation; · When one of the parties was under the age of 16 at the time of the marriage, unless there is a court order in place, the female party is … Continue reading
New Law in North Carolina Allows “Living Probate”
Living probate allows a person to file an action petitioning the court to have a Will declared valid. What makes this law new and different is that the Will is proved before the testator (the person whose will it is) dies. The purpose, of course, is to prevent a contest of the validity of a Will after the testator’s death. A judicial declaration (court order) is sought that declares that a Will is valid prior to the death of the testator. If the court declares the Will valid, this order is binding on all parties and bars actions after death … Continue reading
Voting by Proxy at Homeowner Association Meetings
If you cannot attend the annual meeting for a homeowners association but you still want your vote to count, then voting by proxy might be for you! The planned community act allows a member of most homeowner’s associations to appoint a proxy to vote (or take any other action) for that member at a meeting (though this provision of the planned community act does not apply to all homeowners associations). The best way to appoint a proxy is to sign and date a form designating someone else to vote in your place at the meeting. If your proxy appointment form … Continue reading
So You Have A Judgment…Now What?
Congratulations on successfully winning your case and obtaining a money judgment against the opposing party! But a money judgment alone is just a piece of paper and won’t necessarily result in money in your pocket, so what now? Most likely, the defendant/judgment debtor isn’t going to show up at your house with a check to satisfy the debt. How do you transform that piece of paper into actual money? If you have obtained a judgment in either District or Superior Court, your ability to do anything is often limited for thirty (30) days after the judgment is entered. One step … Continue reading
You’re Ready to File A Lawsuit … But Where Do You Begin?
Once you have decided you want or need to file a lawsuit, one of the most important decisions you must make is where to file your case. This decision will have a significant impact on the type of relief you may be able to obtain (including how much money you may recover), who hears your case, the type of alternative dispute resolution (ADR) required, and how quickly your case is likely to be resolved. In North Carolina, most civil cases are handled in one of three courts: Small Claims (a special part of District Court), District Court and Superior Court. … Continue reading
North Carolina Department of Revenue Recognition of Same Sex Marriage for Purposes of Filing Tax Returns
Although the Internal Revenue Service began recognizing same-sex marriages on August 29, 2013, the North Carolina Department of Revenue has now issued a Directive that does the same (October 24, 2014). The Directive states “Same-sex couples who are legally married under any state law by December 31, 2014 must generally file a North Carolina income tax return using the same filing status claimed on the federal income tax return. However, if one spouse is a non-resident individual and has no North Carolina taxable income of the tax year, the spouse that is a resident of North Carolina or has North … Continue reading
Are you really sure you want to do this? — 8 questions for you and your attorney before you start a lawsuit
Here’s something I’ve learned after almost 20 years of being a lawyer—most people shouldn’t sue even if they have a good case. Why not? Because a lawsuit will usually take more time, money, effort, and aggravation than you expected, and result in a smaller recovery than you hoped–and that’s if you win! Here are eight questions you should think about before you head off to the courthouse to file a complaint. 1. Why do you want to sue? Be honest with yourself; what’s motivating you to sue? Is it for strictly business reasons? If so, then you shouldn’t sue unless … Continue reading
Slaughter Elected 2014 President of CCAL
For Immediate Release From the Community Associations Institute12/12/2013 – Falls Church , VA Jim Slaughter, a partner in the North Carolina law firm of Law Firm Carolinas, has been elected president of CAI’s prestigious College of Community Association Lawyers (CCAL). He will assume office January 1, just prior to CAI’s 35th Annual Community Association Law Seminar in Las Vegas. “Serving as president is a great honor given the respect I have for CCAL and its members,” said Slaughter. “In addition to being premiere community association lawyers, our members generously share their knowledge and expertise through articles, books and programs for … Continue reading
Elder Financial Abuse in North Carolina
North Carolina law protects disabled adults of any age from abuse, neglect and exploitation. The law states that “any person having reasonable cause to believe that a disabled adult is in need of protective services shall report such information.” Different types of abuse include physical or mental abuse, neglect, or financial exploitation. Financial exploitation includes the illegal or improper use of a disabled or impaired adult’s resources for another person’s profit or advantage. It is this last type of abuse that we concern ourselves with here. While we often encourage clients to consider executing a Durable Power of Attorney, it … Continue reading
Residential Evictions: Taking Back Your Leased Property . . .The Right Way [UPDATED]
[This blog replaces a previous post from September 2013, due to several changes to the North Carolina summary ejectment statutes effective October 1, 2013.] You are a landlord and you enter into a residential lease agreement with a seemingly good tenant. Everything is going along fine until . . . the tenant stops paying rent, or the tenant fails to leave when the term of the lease expires, or the tenant breaches the lease agreement in some other way. How do you get your property back and get the tenant out? Can you simply change the locks? NO! North Carolina has a very … Continue reading
New Elective Share Changes in 2013
Effective October 1, 2013, the Elective Share rules for persons who die domiciled in North Carolina have been simplified and changed. Although the rules are now easier to understand, they may have a dramatic change on married couples property rights in North Carolina. The “Elective Share” is the amount that a deceased person’s surviving spouse can elect to receive from the decedent’s estate if the decedent left them a lesser share (or nothing at all) in his or her Will. This Elective Share allows the spouse to disregard the deceased spouse’s Will to the extent allowed under the law. Under … Continue reading
North Carolina Repeals the Estate Tax
North Carolina recently saw sweeping changes to the tax laws. The North Carolina legislature repealed the State’s estate tax making it retroactive to July 1, 2013. The timing is key for wealthy families with deaths in the family since the beginning of the year. Those that had deaths in the family in 2013 expecting to pay a North Carolina Estate Tax received great news and substantial savings with this retroactive change. The lack of an estate tax will be beneficial to North Carolina, encouraging people to stay put or move to North Carolina from other less tax friendly states. Many … Continue reading
Defenses in Foreclosure Hearings
If you have failed to make payments on a residential or commercial mortgage, then the mortgage company can ask the trustee under the deed of trust to foreclose on the property. The trustee is the neutral intermediary set by the deed of trust who brings a foreclosure proceeding if payments owed according to the note and deed of trust are in default. In a foreclosure proceeding, a hearing will be held before the clerk of the superior court of the county where the property is located, and the trustee at that hearing will request the clerk enter an order allowing … Continue reading
Facebook: For Friendly Eyes Only?
Just how private is your Facebook account? Is limiting your privacy settings enough to keep your Facebook status updates, messages, pictures and other activity from the eyes of an opposing party in a civil or criminal case? You may be surprised to learn that the answer is likely “No.” When you activated your Facebook account, you may have adjusted your privacy settings to limit access to your content to only specific “friends.” You may or may not have read the company’s disclosures regarding the content and use of your account information. Facebook takes the position that it is covered by … Continue reading
Dying Without a Last Will and Testament
Most people don’t think about what will happen if they die without a Will. As a matter of fact, most people don’t think about Wills at all. Over half of Americans have never executed a Last Will and Testament. What they may not realize, however, is what happens to their estate (the house, the car, the business, the bank accounts) in these circumstances. Dying without a Will is called dying “Intestate” and is covered in the North Carolina statutes under N.C.G.S. Section 29-13 et seq. Under these statutes, the State of North Carolina determines a person’s heirs and they may … Continue reading