Tune in Tuesday mornings at 7:30am on the Talk Station WTKF 107.1 FM for a live broadcast of our show. Call 800-818-2255 and ask your legal questions
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.
In the discussion, Cecil Harvell explained that estate tax applies only to estates exceeding $14 million as of 2025, with an annual gift tax exclusion of $19,000 per person, which can be doubled if both spouses participate. He emphasized the importance of gifting and legal structures like trusts, LLCs, and corporations to manage estate control, mitigate taxes, and protect beneficiaries, especially those with special needs or in complex family situations. The conversation highlighted the sustainability of trusts through designated alternates and legal provisions to ensure long-term management and security of assets for heirs. Read More
Cecil Harvell and Wes Collins discussed guardianship laws, focusing on recent changes that emphasize the use of least restrictive alternatives (LRAs) before adjudicating someone as incompetent. They highlighted the importance of having a durable power of attorney in place to potentially avoid the need for guardianship, as well as the challenges families face when dealing with aging loved ones. The conversation also touched on the guardianship process for minors, emphasizing the need for proper planning to ensure the best interests of children are upheld. Read More
https://www.carolinacoastonline.com/news_times/article_4be1bee2-49c2-4670-94bd-41bd6e74c543.html Read More
The meeting focused on the responsibilities and challenges faced by executors and administrators of estates, emphasizing their fiduciary duties to manage assets on behalf of others. Discussion included the complexities of removing an executor for misconduct and the importance of seeking legal assistance to navigate estate administration effectively. Real-life examples highlighted the potential for breaches of fiduciary duty and the legal consequences that can arise from improper handling of estate assets. Read More
Cecil Harvell and Wes Collins discussed the complexities of selling real estate during estate administration, emphasizing the need for executors to follow statutory requirements and obtain court approval before liquidating assets to pay debts. They highlighted the importance of proper estate planning to avoid conflicts among heirs and ensure that executors have the authority to sell property as needed. The conversation also touched on the necessity of reviewing wills periodically to adapt to changes in circumstances. Read More
Cecil Harvell from Harvell and Collins discussed the importance of three key medical documents: the health care power of attorney, the HIPAA release, and the declaration of desire for natural death (living will). He emphasized that these documents are essential for ensuring that individuals can make medical decisions on behalf of loved ones and access medical records, especially for young adults who have reached the age of majority. The conversation highlighted the need for proper documentation to avoid legal complications in medical emergencies. Read More
This episode focused on the importance of protecting the elderly from fraud, emphasizing the vulnerability of older individuals and the potential for undue influence from caregivers or close acquaintances. He recommended establishing trust agreements to safeguard assets, ensuring that a designated trustee manages them, which can help prevent unauthorized transactions. The conversation also highlighted the need for vigilance against fraudulent phone calls and the importance of verifying the legitimacy of such communications. Read More
At Harvell and Collins PA, we are proud to announce that Cecil Harvell, one of our distinguished attorneys, has been honored with the Order of the Long Leaf Pine, one of North Carolina’s most prestigious awards. This recognition is a testament to Cecil Harvell's dedication, leadershi… Read More
This episode focused on the concept of adverse possession, explaining its legal implications and requirements in North Carolina, including the necessary elements such as open, continuous, and hostile use of property for a specified period. They emphasized the importance of documentation, surveys, and evidence, such as aerial photographs, to support claims of adverse possession or prescriptive easements. They also discussed the potential legal processes involved, including actions to quiet title and declaratory relief, particularly in disputes arising from property boundaries and usage. Read More
This episode focused on the concept of mediation as a required step in most legal disputes, particularly in family law and civil cases. Wes Collins explained the mediation process, emphasizing its role as a facilitator for parties to communicate and potentially settle cases without going to trial. The discussion also touched on the qualifications of mediators and the importance of understanding the mediation dynamics for effective legal representation. Read More
