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.


What is a Guardianship?

Guardianships and Incompetency Caring for an incapacitated loved one can be emotionally draining and legally challenging.  Dealing with the heightened emotions that come with an illness or disability in the family is challenging enough without even considering the legal consequences of… Read More

Does my spouse have to sign my deeds in the State of North Carolina?

Yes.  In the State of North Carolina, the joinder of a spouse is required to pass clear title.  The exception to this rule would be if there is a free trader or pre nuptial agreement. Yes, we all understand that the title into our spouse may have been inherited property or even pr… Read More


There simply are NO ifs, ands, or buts!  ALL of us need a Last Will and Testatment.  Unfortunately, we see more and more on a weekly basis the negative results of good persons dying with no Last Will and Testatment.  Keep in mind that when there is no Last Will, the State of N… Read More

What type of real estate ownership do I have?

There a several types of real estate ownership in the State of North Carolina.  The most common type of ownership is known as tenants in common. This is when you own a part of a property, but not 100%.  So, if you inherit property with your siblings, or have property with a busines… Read More

In What County Do I File a Will?

Last Wills and Testaments should be filed after the death and in the county where the decedent was "domiciled".  Domicile means the place where an individual has a true, fixed permanent home and principal establishment, and to which place, whenever absent, the individual has the intenti… Read More

What are POD and TOD designations?

POD means payable on death.  TOD means time on death.  These are dangerous designations usually made with a broker or other asset holder and they trump the terms of your Last Will and Testament.  Here in our estate practice, we find that these designations create more problems… Read More

Update to: Do I need to update my Corporation?

The answer is YES.  You must "walk and talk" like a corporate entity and if not, then your corporate protections could fail.  Each corporation should maintain consistent annual meeting notes and maintain current status with the North Carolina Secretary of State.  It is importa… Read More

Update to: Is there a new Power of Attorney law?

Effective 2018, North Carolina will enact a new Power of Attorney Statute which significantly modifies and amends the current Power of Attorney Statute.  Harvell and Collins, PA will be addressing this new statute in a number of ways as we move closer to the 2018 and in the months follo… Read More

Update to: How do I protect assets from long term nursing home?

There are so many options available to clients who wish to protect their life of savings from the spend down of a long term nursing home.  It is important that elder clients consult with a lawyer who handles these types of cases and works closely with families to achieve the objective o… Read More

Update to: What are spousal rights in North Carolina?

The spouse in North Carolina has any number of statutory rights to the estate of his/her spouse!  This is why it is said, that one cannot usually "leave out" or disinheret a spouse.  This is a complex, but interesting area of the law.  If you are a surviving spouse, then it mi… Read More

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