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Author Archives: Administrator
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
North Carolina Digital Asset Law
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
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