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.
Cecil Harvell and Wes Collins explained how a well-drafted durable power of attorney, a management trust, broker safeguards for retirement accounts, and, if needed, APS or guardianship can help protect older adults from elder abuse and financial fraud, with proactive documentation and communication as the key prevention. Read More
Harvell and Collins, P.A. is proud to be recognized in Chambers USA: Spotlight 2026 for Trusts & Estates in Morehead City, North Carolina. This recognition reinforces the firm’s longstanding reputation for trusted, strategic, and client-focused legal counsel throughout Eastern North Carolina. Read More
The discussion focused on how wills, powers of attorney, and other estate documents must align with the laws of the state where a person is legally resident, rather than the state where the documents were originally drafted. It also explained how residency is determined through both domicile and intent, and how a move to North Carolina may require updating documents to avoid delays, extra costs, or conflicts during probate and asset administration. The conversation emphasized the importance of preparing state-specific documents in advance so family members and agents can act smoothly in the event of incapacity, death, or travel-related emergencies. Read More
The discussion focused on what happens in North Carolina when someone dies without a will, including how intestate estates go through probate and how property is divided among a surviving spouse, children, and parents. The speakers explained that the outcome depends heavily on family facts and property title, noting that a surviving spouse may not inherit everything if there are children, while jointly titled property such as tenants by the entirety may pass automatically to the spouse. They also stressed the value of having a properly drafted will to avoid litigation, clarify guardianship and inheritance, and reduce disputes over estates, especially in blended families or situations involving separated spouses and non-biological children. Read More
Today's radio show discussion focused on how artificial intelligence can be a helpful starting resource in legal work, but cannot replace attorney analysis, judgment, or the human conversations needed to uncover important facts and legal rights. The speakers emphasized that AI often misses jurisdiction-specific issues, nuances in estate planning and family matters, and can even produce inaccurate or fabricated legal citations, creating ethical and professional risks if relied on too heavily. Their main message was that AI should be used only as a supplement to competent legal counsel, not as a substitute, and clients should bring any AI-generated materials to a lawyer for review. Read More
The discussion explained the North Carolina civil appeals process, including where appeals go from district court, superior court, clerk of court, and magistrate decisions, and highlighted key differences between de novo appeals and standard appellate review. The speakers emphasized strict filing deadlines, especially the 10-day and 30-day notice periods, the need for specificity in notices of appeal, and the limitations on interlocutory appeals until a case reaches a final judgment. They also noted that appeals are a specialized, detail-heavy part of litigation that often requires strategic planning to avoid appellate issues and may sometimes lead to settlement discussions while an appeal is pending. Read More
The discussion focused on North Carolina’s elective share law and how it protects a surviving spouse in second or later marriages when estate plans are not updated. The speakers explained that a surviving spouse can usually file a claim within six months of the estate opening, with the share increasing based on the length of the marriage, and noted that the claim can include both probate and non-probate assets. They emphasized the importance of planning tools such as trusts, prenuptial or postnuptial agreements, and timely legal advice to reduce conflict and avoid lengthy estate litigation. Read More
Harvell and Collins discussed legal conflicts arising when accounts are registered as joint with right of survivorship or payable-on-death, which bypass wills and trusts and often cause family disputes. They noted these designations are common at banks and investment firms and can be created without witnesses or notarization, making contests hinge on capacity, timing, and bank procedures. Litigator Wes Collins explained that many successful challenges involve recent changes near the decedent’s cognitive decline or signs of undue influence, while long-standing registrations are harder to contest. Financial institutions can face liability and often interplead disputed funds into court to avoid exposure, so prompt legal action after a death is critical. The hosts recommended proper estate planning (including powers of attorney and coordinated review of account registrations) to prevent unintended transfers and costly litigation. Read More
The hosts discussed fiduciary law practice, emphasizing the importance of hiring experienced attorneys for estate-related matters because factual patterns often repeat and require specialized knowledge.They contrasted representing the estate (inside looking out) versus beneficiaries or outsiders (outside looking in), noting that executors/trustees have control but also heavy responsibilities, while outside challengers face significant hurdles and costs. Challenging wills or beneficiary designations should not be done casually—successful challenges require solid factual and legal bases, and frivolous contests can result in attorney’s fees being awarded against the challenger. Common litigation triggers include unclear beneficiary designations, payable-on-death accounts, joint tenancy transfers, alleged forgeries, and capacity or undue influence claims; discovery of medical records, depositions, and handwriting/expert evidence often determine case outcomes. Fiduciary litigation can be lengthy, costly, and all-or-nothing; attorneys may rarely accept contingency or alternative-fee arrangements due to high risk, and parties should seek counsel early to understand risks and strategy. Read More
Hosts Cecil Harvell and Wes Collins discussed the difference between being “inside looking out” (representing the estate) and “outside looking in” (beneficiaries challenging estate matters), noting the significant impact that status has on litigation costs and standing.They explained that estates can use estate funds to defend claims unless a will caveat is filed, which freezes estate assets and can allow recovery of attorney fees if the challenge has merit.Challenging a will faces a presumption of validity and capacity, so successful caveats require substantive evidence such as timing of the will, medical records, witnesses, and indications of undue influence.Beneficiaries often lack standing to bring certain claims directly (e.g., to set aside beneficiary designations or deeds) unless they first demand that the executor take action and the executor fails to act.The speakers emphasized choosing experienced estate litigators, that many estate disputes are fact-specific, and that not all estate challenges go to jury trial though a caveat proceeding allows for a jury. Read More
