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 from Harvell & Collins discussed the complexities and common issues arising from joint bank and investment account registrations with survivorship designations, which often override wills and cause family disputes after death. They emphasized the importance of clear communication and careful estate planning to prevent unintended asset distribution and highlighted that litigation, though costly and emotionally taxing, can resolve disputes when accounts are improperly changed or challenged. The speakers urged listeners to be aware of these non-probate assets and seek legal advice early to avoid conflicts and protect their true estate intentions. Read More
In this episode, Wes Collins of Harvell and Collins emphasized the critical importance of understanding and adhering to statutes of limitations and litigation deadlines to avoid costly legal mistakes. Key issues discussed included proper timing for filing lawsuits, the consequences of missing service or response deadlines, and the significance of raising affirmative defenses like statute of limitations. They also highlighted how complex litigation matters require careful analysis, competent legal counsel, and diligent deadline management to protect clients' rights effectively. Read More
Cecil Harvell and Wes Collins of Harvell and Collins discussed common and costly mistakes in long-term care and estate planning, emphasizing the importance of proper legal counsel to avoid issues like Medicaid liens, lost wills, and inadequate powers of attorney. They highlighted the complexities of transferring assets, especially real estate, to qualify for government assistance without triggering penalties, and stressed the need for updated and detailed legal documents to protect clients' interests. The speakers encouraged listeners to seek professional legal advice early to safeguard their assets and ensure effective estate management. Read More
In this discussion, Cecil Harvell and Wes Collins emphasized the critical importance of having a comprehensive estate plan, highlighting common mistakes such as the absence of a last will, inconsistent beneficiary designations, and lack of liquidity to cover debts like mortgages. They underscored the complexities that arise from inadequate planning, including disputes among heirs and potential abuse through changing beneficiaries without oversight. The speakers concluded by stressing the necessity of clear communication among family members and professional guidance to ensure the estate plan is effective and enforceable. Read More
In this discussion, Cecil Harvell and Wes Collins of Harvell and Collins emphasized the critical importance of proper estate planning in North Carolina, particularly regarding the elective share statute that protects surviving spouses, even in second or later marriages. They highlighted common misunderstandings and pitfalls, including the need for prenuptial or postnuptial agreements and the strict six-month filing deadline for elective share claims following the qualification of a personal representative. The speakers urged listeners to seek specialized legal advice rather than relying on generic documents, as expert guidance can prevent costly legal complications and ensure compliance with state laws. Read More
Cecil Harvell and Wes Collins of Harvell & Collins Law Firm discussed the statutory rights of surviving spouses in North Carolina, focusing on the elective share, spousal allowance, and intestate rights. They detailed specific circumstances, such as divorce, adultery, abandonment, invalid out-of-state divorces, and bigamous marriages, which can bar these rights under statute 31A-1. The attorneys emphasized the importance of legal representation in these complex cases, particularly when contesting spousal claims or protecting an estate, and highlighted procedures for raising these defenses in court. Read More
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
