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.
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
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
Appellate Practice: Introduction Imagine that you have just been through a two-week jury trial. Though stressful, you prevailed and received a favorable judgment. Perhaps due to the impression given by television dramas or Hollywood blockbusters, you believe the liti… Read More
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
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
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
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
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
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
