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Don’t Miss “Let’s Talk Legal” Live

Tune in Tuesday mornings at 7:30am on the Talk Station WTKF 107.1 FM for a live broadcast of our show.  Call 800-818-2255 and ask your legal questions

A Tradition of Competence

For twenty years and counting, in an effort each and every week, to serve Eastern North Carolina, Cecil Harvell and Wes Collins of the law firm Harvell and Collins, P.A. lead a live talk radio show on Tuesdays to discuss a variety of legal issues. This successful weekly talk show is called "Let's Talk Legal". It is a live radio program broadcast on the Talk Station WTKF 107.1 FM. The live program is played at 6 pm on Tuesday evening and is repeated at 5 pm each and every Sunday afternoon.  If you have missed a previous radio show, you may listen to the weekly shows on the website or you may also call our office for past recordings.

Let's Talk Legal: Litigation of POD and JOINT account registrations

Harvell and Collins discussed legal conflicts arising when accounts are registered as joint with right of survivorship or payable-on-death, which bypass wills and trusts and often cause family disputes. They noted these designations are common at banks and investment firms and can be created without witnesses or notarization, making contests hinge on capacity, timing, and bank procedures. Litigator Wes Collins explained that many successful challenges involve recent changes near the decedent’s cognitive decline or signs of undue influence, while long-standing registrations are harder to contest. Financial institutions can face liability and often interplead disputed funds into court to avoid exposure, so prompt legal action after a death is critical. The hosts recommended proper estate planning (including powers of attorney and coordinated review of account registrations) to prevent unintended transfers and costly litigation. Read More

Let's talk Legal: Continuation of will caveat and fiduciary law

The hosts discussed fiduciary law practice, emphasizing the importance of hiring experienced attorneys for estate-related matters because factual patterns often repeat and require specialized knowledge.They contrasted representing the estate (inside looking out) versus beneficiaries or outsiders (outside looking in), noting that executors/trustees have control but also heavy responsibilities, while outside challengers face significant hurdles and costs. Challenging wills or beneficiary designations should not be done casually—successful challenges require solid factual and legal bases, and frivolous contests can result in attorney’s fees being awarded against the challenger. Common litigation triggers include unclear beneficiary designations, payable-on-death accounts, joint tenancy transfers, alleged forgeries, and capacity or undue influence claims; discovery of medical records, depositions, and handwriting/expert evidence often determine case outcomes. Fiduciary litigation can be lengthy, costly, and all-or-nothing; attorneys may rarely accept contingency or alternative-fee arrangements due to high risk, and parties should seek counsel early to understand risks and strategy. Read More

Let's Talk Legal: Estate Related Litigation

Hosts Cecil Harvell and Wes Collins discussed the difference between being “inside looking out” (representing the estate) and “outside looking in” (beneficiaries challenging estate matters), noting the significant impact that status has on litigation costs and standing.They explained that estates can use estate funds to defend claims unless a will caveat is filed, which freezes estate assets and can allow recovery of attorney fees if the challenge has merit.Challenging a will faces a presumption of validity and capacity, so successful caveats require substantive evidence such as timing of the will, medical records, witnesses, and indications of undue influence.Beneficiaries often lack standing to bring certain claims directly (e.g., to set aside beneficiary designations or deeds) unless they first demand that the executor take action and the executor fails to act.The speakers emphasized choosing experienced estate litigators, that many estate disputes are fact-specific, and that not all estate challenges go to jury trial though a caveat proceeding allows for a jury.       Read More

Let's Talk Legal: The "In Law" Trust

Cecil Harvell discussed the concept and purpose of an in-law trust, explaining it as a contractual trust designed to protect inherited assets from being lost in a child’s divorce. He noted that although inherited property is generally separate under North Carolina law, commingling with marital assets can convert it into marital property, so placing assets into a trust preserves documentation and control. The trust can allow the beneficiary (the child) to receive income and principal, purchase property in the trust’s name, and pass benefits to grandchildren while maintaining the separateness of the inheritance. Selection of a trustee—often a co-trustee sibling or an independent trustee in certain contexts like elective share trusts—is important, and trust companies are less commonly used for smaller “mom-and-pop” estates today. Trusts can be amended, restated, or otherwise adjusted later to reflect changing family circumstances or objectives, and lawyers should tailor trust documents only when there is a clear purpose to justify them. Read More

Let's Talk Legal: The Most Misunderstood Document - The Prenuptial Agreement

Cecil Harvell explained that a prenuptial (or marital) agreement is a contract entered before marriage allowing couples to control estate distribution, fiduciary appointments, and other asset-related decisions rather than leaving those matters to North Carolina law. He emphasized prenuptials are often used in second or later marriages to protect children’s inheritances and avoid state-determined elective shares, and that such agreements should be drafted by experienced estate-planning attorneys. Postnuptial agreements are possible but less preferable because they lack the marriage-as-consideration element, so prenuptials are recommended to ensure clear, legally binding arrangements. Read More

Let's Talk Legal: Default Judgments

The hosts discussed the consequences of ignoring a civil summons and complaint, explaining that failure to respond can lead to an entry of default (an admission of the complaint’s allegations) and ultimately a default judgment enforceable like any final judgment. They emphasized acting quickly—filing an answer to preserve defenses such as statutes of limitations, seeking counsel immediately to set aside defaults or judgments if served, and monitoring service and notice details (especially for elderly or relocated individuals). Practical examples were given illustrating how procedural technicalities and timely responses affect the ability to set aside judgments and the prospects for settlement. Read More

Let's Talk Legal: Estate Tax in 2026

Hosts discussed 2026 federal and NC estate tax changes, noting the estate tax exemption rose to $15 million per individual and the annual gift tax exclusion increased to $19,000 per recipient. They explained gifting rules, reporting requirements, charitable gifts (unlimited) and the 40% tax on amounts exceeding the exemption, and highlighted planning opportunities for passing real estate and businesses to the next generation. They also emphasized that long-term care costs—often paid privately—are now a primary threat to estates, recommending elder-law and asset-protection planning. Read More

Let's Talk Legal: The Will Caveat

Harvell and Collins discussed a recent will caveat trial where the firm successfully challenged a 2012 will based on execution defects, leading the jury to set it aside and reinstate an earlier 1999 will that split the estate equally. The case involved complex factual development, disputed medical evidence about the testator’s capacity, and strategic litigation choices including dismissing a capacity claim and focusing on execution flaws; the firm anticipates seeking attorney’s fees and costs. The hosts emphasized the importance of properly prepared wills, legal representation at execution, and timely challenges within statutory periods. Read More

Lets Talk Legal: Taking an Inventory of our Legal Documents Personal and Corporate

Cecil Harvell advised a year-end legal inventory: review and update beneficiary designations (IRAs, 401(k)s, annuities, life insurance), wills, and powers of attorney every few years to ensure agents and executors are current. Address real property issues now—surveys, easements, ingress/egress, and potential adverse possession—to avoid costly disputes for heirs. For businesses, maintain corporate formalities (minute books, charters, bylaws/operating agreements, issued certificates, separate bank accounts) to preserve liability protection, and seek legal help to rectify past omissions; contact Harvell & Collins for assistance. Read More

Let's Talk Legal: Community Living HOA Rules

The speakers explained differences between planned communities governed by the North Carolina Planned Community Act and developments without formal homeowner associations, emphasizing that associations with recorded declarations and assessments (typically 20+ lots recorded after Jan 1, 1999) have statutory enforcement powers. They described enforcement procedures including notice, a hearing process, fines up to $100 per violation per day that can become liens and lead to foreclosure, and noted management, insurance, and liability issues for associations and condominiums. Advice for buyers included reviewing covenants, disclosure statements, and consulting a realtor or attorney before purchase, and homeowners were advised to engage with or change their board if dissatisfied with management. Read More

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