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.
Cecil Harvell of Harvell & Collins discussed the concept of trusts, explaining that they are legal agreements involving a creator, a trustee, and a beneficiary, designed to manage assets for specific purposes. He highlighted various types of trusts, including those for minor children, special needs, asset protection, and those addressing concerns in second marriages, emphasizing the importance of having a valid reason for creating a trust. The conversation underscored the need for careful selection of trustees and the necessity of consideration in trust agreements, while encouraging listeners to seek professional guidance when considering trusts. Read More
A trust is often seen as a key estate planning tool, but do you actually need one? Many people assume that trusts are essential for every estate plan, but the reality is that trusts are only beneficial when they serve a specific purpose. At Harvell & Collins, we take a careful, individualized approach to estate planning, ensuring that each client receives the right guidance tailored to their needs. Read More
Cecil Harvell and Wes Collins discussed the responsibilities of the clerk of court in North Carolina, highlighting that the clerk has significant legal discretion and acts as a decision-maker in various legal matters, including estate administration and guardianship cases. They emphasized the importance of having proper legal documentation in place to avoid conflicts and delays in decision-making. The conversation also touched on the transition to an e-filing system in the court, which will change how legal documents are submitted and processed. Read More
The Clerk of Court plays a crucial role in North Carolina’s legal system, holding responsibilities that extend far beyond managing courthouse records. Unlike many states, where probate and estate matters are handled by a dedicated judge of probate, North Carolina’s Clerk of Superior Court has original jurisdiction over various legal matters, including estate administration, guardianship disputes, and property partition cases. Read More
Navigating life’s legal complexities can be daunting, but preparing for unforeseen circumstances is crucial. One of the most powerful legal tools at your disposal is a Power of Attorney (POA). Recently, attorneys Cecil Harvell and Wes Collins of Harvell & Collins discussed this critical document on Let’s Talk Legal, highlighting its significance, requirements, and potential pitfalls. Read More
This episode focused on the complexities and importance of powers of attorney, emphasizing the need for detailed and specific grants of authority to prevent confusion and potential legal issues. Speakers discussed the responsibilities of agents under a power of attorney, including the necessity for transparency and accountability in managing the principal's affairs. They also highlighted the differences between powers of attorney and executorship, noting that a power of attorney becomes invalid upon the principal's death and must be recorded to ensure its legality. Read More
Cecil Harvell and Wes Collins discussed the complexities and legal implications of homeowners associations (HOAs) during the meeting, emphasizing the importance of understanding governing documents and the responsibilities of both developers and property owners. They highlighted the need for homeowners to be actively engaged in their associations to ensure proper governance and to protect their rights, especially during transitions from developer control. The speakers also advised potential buyers to thoroughly review HOA documents with legal counsel before purchasing property to avoid future disputes. Read More
Homeowners associations (HOAs) play a significant role in managing communities, but many homeowners don’t fully understand the legal and financial implications of living in an HOA-governed property. Whether you're a current homeowner, a board member, or considering buying property within an HOA, it’s essential to know your rights and responsibilities. This guide covers key aspects of HOA governance, from legal frameworks and financial obligations to dispute resolution and board accountability. Read More
Navigating estate administration can be complex, but proper planning, transparency, and legal adherence can ensure a smooth process. Attorneys Cecil Harvell and Wes Collins recently discussed the topic on Let's Talk Legal, shedding light on the responsibilities of executors, fiduciaries, and beneficiaries in North Carolina. They emphasized the importance of accountability, proper Read More
Cecil Harvell and Wes Collins discussed the administration of estates in North Carolina, emphasizing the importance of accountability and transparency in the process. They outlined the roles of executors and fiduciaries, the timeline for settling estates, and the potential for legal challenges from the IRS after an estate is closed. The speakers also highlighted the significance of proper documentation and communication between beneficiaries and fiduciaries to ensure efficient estate management. Read More
