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Don’t Miss “Let’s Talk Legal” Live

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

A Tradition of Competence

For twenty years and counting, in an effort each and every week, to serve Eastern North Carolina, Cecil Harvell and Wes Collins of the law firm Harvell and Collins, P.A. lead a live talk radio show on Tuesdays to discuss a variety of legal issues. This successful weekly talk show is called "Let's Talk Legal". It is a live radio program broadcast on the Talk Station WTKF 107.1 FM. The live program is played at 6 pm on Tuesday evening and is repeated at 5 pm each and every Sunday afternoon.  If you have missed a previous radio show, you may listen to the weekly shows on the website or you may also call our office for past recordings.

Let's Talk Legal: Big Mistakes - Part 3

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

Let's Talk Legal: Big Mistakes - Part 2

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

Let's Talk Legal: Big Mistakes - Part 1

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

Let's Talk Legal: What is Elective Share?

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

Let's Talk Legal: Spousal Inheritance Rights

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

Let's Talk Legal: Estate Tax? Really?

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

Let's Talk Legal: Guardianship and the Less Restrictive Alternatives

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

Let's Talk Legal: How to remove an Executor

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

Let's Talk Legal: Can an Estate Sell Real Estate?

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

Let's Talk Legal: What Medical Documents do Lawyers Prepare?

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

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