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.
The hosts discussed the consequences of ignoring a civil summons and complaint, explaining that failure to respond can lead to an entry of default (an admission of the complaint’s allegations) and ultimately a default judgment enforceable like any final judgment. They emphasized acting quickly—filing an answer to preserve defenses such as statutes of limitations, seeking counsel immediately to set aside defaults or judgments if served, and monitoring service and notice details (especially for elderly or relocated individuals). Practical examples were given illustrating how procedural technicalities and timely responses affect the ability to set aside judgments and the prospects for settlement. Read More
Hosts discussed 2026 federal and NC estate tax changes, noting the estate tax exemption rose to $15 million per individual and the annual gift tax exclusion increased to $19,000 per recipient. They explained gifting rules, reporting requirements, charitable gifts (unlimited) and the 40% tax on amounts exceeding the exemption, and highlighted planning opportunities for passing real estate and businesses to the next generation. They also emphasized that long-term care costs—often paid privately—are now a primary threat to estates, recommending elder-law and asset-protection planning. Read More
Harvell and Collins discussed a recent will caveat trial where the firm successfully challenged a 2012 will based on execution defects, leading the jury to set it aside and reinstate an earlier 1999 will that split the estate equally. The case involved complex factual development, disputed medical evidence about the testator’s capacity, and strategic litigation choices including dismissing a capacity claim and focusing on execution flaws; the firm anticipates seeking attorney’s fees and costs. The hosts emphasized the importance of properly prepared wills, legal representation at execution, and timely challenges within statutory periods. Read More
Cecil Harvell advised a year-end legal inventory: review and update beneficiary designations (IRAs, 401(k)s, annuities, life insurance), wills, and powers of attorney every few years to ensure agents and executors are current. Address real property issues now—surveys, easements, ingress/egress, and potential adverse possession—to avoid costly disputes for heirs. For businesses, maintain corporate formalities (minute books, charters, bylaws/operating agreements, issued certificates, separate bank accounts) to preserve liability protection, and seek legal help to rectify past omissions; contact Harvell & Collins for assistance. Read More
The speakers explained differences between planned communities governed by the North Carolina Planned Community Act and developments without formal homeowner associations, emphasizing that associations with recorded declarations and assessments (typically 20+ lots recorded after Jan 1, 1999) have statutory enforcement powers. They described enforcement procedures including notice, a hearing process, fines up to $100 per violation per day that can become liens and lead to foreclosure, and noted management, insurance, and liability issues for associations and condominiums. Advice for buyers included reviewing covenants, disclosure statements, and consulting a realtor or attorney before purchase, and homeowners were advised to engage with or change their board if dissatisfied with management. Read More
Cecil Harvell emphasized that adding a child’s name to financial accounts makes them a co-owner and advised using a well-drafted durable power of attorney (POA) tailored to North Carolina law instead of internet forms. He explained the durable POA should be recorded with the Register of Deeds when needed, contain specific grants of authority (including creating trusts), name alternate agents, and that the agent often should also serve as executor to ensure continuity. He warned that joint ownership risks loss of assets and disputes, whereas a recorded durable POA gives an agent fiduciary duties to manage affairs and avoids costly guardianship proceedings. Read More
In the discussion on will caveats or contests, Cecil Harvell and Wes Collins emphasized that challenging a will is a complex, fact-driven process requiring a jury trial, extensive investigation, and significant legal preparation. They highlighted the importance of ensuring a will's validity during the planning stage to avoid costly, time-consuming litigation and emotional distress for families. Additionally, they noted that courts may assess attorney's fees against parties without meritorious claims, underscoring the need for careful consideration before pursuing a will contest. Read More
In this episode of Let's Talk Legal, Cecil Harvell and Wes Collins discussed the complexities of contesting wills and trusts, emphasizing the three-year statute of limitations for filing a will caveat and the importance of acting promptly to preserve evidence and witnesses. They highlighted the stringent legal requirements for contesting a will, including proving lack of capacity or undue influence, the mandatory freezing of the estate upon filing a caveat, and the necessity of a jury trial. The discussion also covered procedural aspects of reopening closed estates for contest purposes, the high costs involved, and the potential for mediation before reaching a jury trial. Read More
In the meeting, Cecil Harvell explained the concept, structure, and purpose of trusts, emphasizing that trusts are private legal documents designed to manage and protect assets for beneficiaries under specific terms. He distinguished between revocable and irrevocable trusts, highlighting their uses in estate planning and tax management, and stressed that trusts should only be created when there is a clear, justifiable reason. Cecil also clarified that trusts provide privacy compared to wills, involve trustees for management, and can last for varying durations depending on the provisions set forth. Read More
In the "Let's Talk Legal" meeting, Cecil Harvell discussed the three types of wills recognized in North Carolina: the attested typewritten will, the holographic will, and the rare non-cupitive or soldier's will, emphasizing the state-specific nature of estate laws. He highlighted the importance of having properly prepared wills to avoid delays and costs, recommending professional legal assistance, especially when dealing with contingencies like beneficiaries who are minors or deceased. Cecil also advised clients to protect original wills from unauthorized changes and stressed that initial consultations require very little documentation, with additional information gathered as the process progresses. Read More
