A Tradition of Competence

Two of the most common client frustrations are lack of information and lack of communication.  Here, at Harvell and Collins, P.A., we try to do our very best to disseminate useful legal information and increase communication.  Our BLOG is just one way that we attempt to accomplish these objectives.  Please read through our entries and if there are any particular topics you would like addressed let us know.


The Elective Share

The Elective Share Virtually every state has enacted statutes designed to protect a surviving spouse from disinheritance, commonly called elective share statutes.  Take the following factual scenario as an illustration: Suppose that John executes a valid will.  He later meets and… Read More

The Attested Last Will and Testament

The Creation and Execution of Attested Wills In North Carolina, many people pass their property through an attested written will.  This estate planning process provides a generally straightforward process for conveying a person’s property after they die.  This blog post exam… Read More

What is a Will Contest?

Will Contests A Last Will and Testament is a solemn document, which directs the distribution of a person’s estate to those whom they wish to devise it.  To create a valid will in North Carolina, the general rule is that a will must be in writing, signed by the testator, and attes… Read More

Costs of Litigation

Small Claims Court   One of the first questions a person must ask themselves prior to filing a lawsuit should be "Is it worth it?" Litigation in North Carolina's District and Superior courts can be a long, drawn out process that can potentially cost tens of thousands of dollars due … Read More

Guardianships and the Law

Effect of Adjudication of Incompetence -- What Rights and Privileges are Retained by the Ward? Guardianship is an extreme deprivation of civil rights.  Historically, an adult who was adjudicated incompetent was considered to have lost his or her authority to exercise nearly all the leg… Read More

Problems With Holographic Wills

Problems with Holographic Wills: A holographic will is a will written entirely in the handwriting of the testator.  So long as it complies with North Carolina law, a holographic will is a valid legal document.  Nonetheless, many estate planning pitfalls arise when those unfamiliar… Read More

Minor Child Inheritances

Management of Property Inherited by Minors in North Carolina Minors can be beneficiaries, but until a child reaches the age of eighteen (18), they cannot inherit property in their own name.  Rather, an adult must manage that property until the minor comes of age and can manage it for t… Read More

Litigation 101

Litigation 101: The Inception of a Lawsuit When parties are unable to resolve a dispute that impacts their legal rights, the injured party may decide to bring a lawsuit.  In North Carolina, the initiation of a lawsuit, often called the “pleading stage,” is governed by the N… Read More

Guardianship Law

What are the types of Guardianship? My previous blog post discussed guardianship very broadly.  Guardianship is a legal relationship where an individual (the “Guardian”) is appointed by the Clerk of the Superior Court to act on behalf of another individual (the “Ward&… Read More

What is an Absolute Divorce?

Absolute Divorce in North Carolina  In North Carolina, an absolute divorce refers to the legal dissolution of marriage. North Carolina is a “no fault divorce” state and there are only two bases for divorce in North Carolina – separation for a year or legal insanity, w… Read More

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