Estate Planning 101

Q: I Don't Have a Big Estate – Do I Really Need Estate Planning?

Absolutely. One of the most common mistakes people make is assuming that their estate is too small to require any type of estate planning. The truth is, it doesn’t matter how large or small your net worth is, it is vital to have an estate plan. Read more

Q: What is an Estate Plan?

An estate plan determines what happens to you if you become incapacitated and what happens at your death. Actually, you already have an estate plan, whether you know it or not. Read more

Q: I’m Young; Why Do I Need a Will?

Most individuals start to think about making a will as they age. However, every adult, no matter how young, needs to have a will, especially if there are children or any type of property or assets. If you die without a will, the state of North Carolina will decide what to do with your estate. Read more:

Q: Why is Creating a Family Elder Plan Important?

This may be one of the toughest conversations your family will ever have. Planning for the future when we are planning for happy events – marriages, children, grandchildren – is easy, even joyful. Planning the future that may hold sickness and uncertainty is not so easy, and often it becomes a chore that families put off. Read more:

Divorce and Collaborative Law

Q:  We Are Getting Divorced. Now What?

The unthinkable has happened. You and your spouse have decided to divorce. Whether it is a mutual decision or not, divorce can be a time fraught with emotion. Sadness, anger, grief, fear…all of these are normal emotions that you may feel. Unfortunately, just at a time when you may be experiencing such stress, there are many logistical questions to answer.

How do you get a divorce in North Carolina?
Is North Carolina a community property state?
Do you have to go to court to get a divorce?
How can you get spousal support?
How and when will child support be received?
How will you create a new life financially post-divorce?

First, know that even though divorce is the severing of a legal bond, no two cases are exactly the same. What worked for a friend or family member may not be the appropriate approach for you. Therefore, the first step is to put together a team that can assist you through these tumultuous times and that will help you to transition into the next phase of your life. One of the best ways to do this is to work with a lawyer that has been certified as a specialist in family law.

Picking a Specialist in North Carolina Family Law

In North Carolina, only 184 attorneys are certified as specialists in family law. What does this mean for you?   To be certified by the North Carolina State Bar as a specialist in a practice area, a lawyer must have been in practice for at least five years, devote a significant part of his or her practice to the specialty area, attend continuing legal education (CLE) seminars in the specialty, be favorably evaluated by other lawyers and judges (peer review), and pass a written examination in the specialty practice area. In other words, it means your attorney has an extraordinary depth of knowledge about family law and is well-versed in how to help you make the right legal and financial choices for you, your family, and your individual situation. It also means your lawyer concentrates on family law rather than making it just a small part of his or her practice. As you begin this process of finding a lawyer, choosing a family law specialist is an important requirement. Decisions and choices you make now will affect you and your family for years to come. It is important that you retain legal counsel that will effectively represent your interests.

Q:  I'm Getting Divorced and I Want the House!

Family law attorneys are often told to “fight for the house!” Thousands of dollars may be spent on fighting for an asset that may result in a financial liability. Is this really the best course of action for you? Read more

Q: 8 Reasons to Reconsider Moving Out of the Marital Home

Apartments are cheaper than houses, but paying for both an apartment and a house is the most expensive choice of all! Read more

Q: Is Collaborative Law the Best Choice for My Divorce?

You may have heard about collaborative divorce. It is becoming a desirable choice for many couples who wish to divorce – but is it right for you? Collaborative law is an excellent alternative to having your case resolved in Court. Read more:

Q:  7 Reasons to Choose a Collaborative Law Divorce

Collaborative law requires open communication between you, your current spouse and the lawyers you retain. The long-term benefits to you and your family are one of many reasons why so many people are choosing collaborative law divorces. Here are 7 reasons to choose a collaborative law divorce. Read more:

Q: What Happens if Collaborative Law Doesn’t Work for My Divorce?

This is an excellent question, and one we hear often. Collaborative lawyers are committed to exploring various ways to achieve a fair and balanced settlement. If you can't reach an agreement no matter how hard you try, you can choose to use a neutral mediator or arbitrator to facilitate settlement. Read more:

Q:  Will I Lose Insurance During My Divorce?

During the stress of determining division of assets, child support, and alimony, one question that can be overlooked is that of insurance coverage. Are you covered through health insurance held by your spouse? Read more:

Q: How My Insurance Coverage Change Post Divorce?

What insurance policies will you need to replace or change after your divorce? Are you eligible for COBRA? You may wish to separate out some policies.  Read more:

Q: What should I do about my Facebook/Twitter account now that I am involved in litigation?

Social media sites such as Facebook, Twitter, YouTube, Google+ and Myspace have increasingly become an easy mechanism for individuals to express their opinions on a wide range of topics. All too often, these topics include the individual’s personal life. While sharing your routine, day-to-day activities to the “world” often is harmless, clients run into trouble when they divulge or share information that relates both directly or indirectly to a pending or soon to be pending legal matter.  Read more:

Real Estate

Q: Do I Really Need a Real Estate Lawyer at my NC Home Closing?

North Carolina law does not require an attorney to be physically present when you buy or sell a house. To save money, many may choose to use an escrow agent to handle the closing. Still others may simply assume that real estate closings are basically the same, and the professionals involved in the closing are experienced and competent. Read more:

Traffic Tickets

Q: Do I Really Need an Attorney for a Traffic Ticket?

At one time or another, it happens to everyone. You are driving along and all the sudden you see the flash of red lights behind you. You are being pulled over for a traffic violation. Do you fight it? Show up in court? Or put the check or money order in the mail to the court? Read more:

Q: What should I do If I'm Stopped for Speeding in North Carolina?

Stopped for speeding? Here are five things you should do when an officer pulls you over.  Read more: