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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.

 

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

What is Discretionary Review?

Discretionary Review As noted in our prior post, the North Carolina Court of Appeals ordinarily reviews appeals from our state trial courts.  After the Court of Appeals has rendered its decision, a party may seek review before the North Carolina Supreme Court, the highest appellate cou… Read More

How about a Foreclosure?

Power of sale foreclosures A foreclosure occurs when a borrower ceases making payments to its lender and the lender seeks to recover the balance of the loan by forcing the sale of the asset, often a house or real estate, securing the debt. Generally, there are two methods of foreclosure. … Read More

Appeals? What is the right Court?

Appeals:  Are you in the right court?   As noted in our previous post, North Carolina has two appellate courts, and each has its own unique jurisdiction over various appeals.  If litigation has progressed to the appellate phase, an attorney must ensure to file his appeal in t… Read More

North Carolina Appellant Courts

Appellate Practice:  North Carolina’s Appellate Courts North Carolina has two appellate courts.   The North Carolina Court of Appeals is the State’s intermediate appellate court.  The Court of Appeals consists of fifteen judges that hear cases in panels of three.… Read More

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