As an Elder Law attorney, it is rare that my clients show up alone. Most have family members (usually their adult children) along, who are there to offer emotional support, moral support, and, often, a safe ride to and from the appointment. The adult children who show up are usually quite intricately involved in their…
In 2005, Congress enacted the Bankruptcy Abuse Prevention and Consumer Protection Act, known more familiarly for its unwieldy acronym/nickname, BAPCPA (pronounced “bap-see-pa”). One of the critical, and most criticized, inventions of BAPCPA was the creation of the “means test.” The key principle behind the means test was the idea that individuals with high levels of…
Probate is the process of administering a decedent’s (deceased person’s) estate. The word “probate” comes from a Latin word, probare, which means “to prove.” After your death, the person who approaches the clerk of court to begin administering your estate must first “prove” either of two things: 1) that your Will, if you have one,…
We often receive questions from clients who are thinking about loaning money to a friend, family member or business associate, or are thinking about co-signing a loan with them. Sometimes our clients are thinking about “seller-financing” someone else’s purchase of real estate or a vehicle they own. In these situations, our clients are putting themselves…
In North Carolina, there are many statutory and common law protections in place that help a debtor keep their wages and property, even in the face of claims by credit card companies or other creditors. North Carolina has stringent restrictions on wage garnishment, about which you can learn here. Even outside of the wage garnishment context,…
When a marriage ends through separation and/or divorce, two of the primary issues the spouses have to deal with are custody of minor children and dividing marital property and responsibility for marital debts. But what about beloved family pets? For many of us our dogs, cats, fish and other pets are an important part of…
Veteran’s Pension Benefits Many of my clients, who are retirees, tell me that their income is derived from sources such as social security and distributions from various retirement accounts and brokerage accounts. Several clients are lucky enough to have pensions from their previous employers (for example, AT&T, Tyco (AMP), Reynolds Tobacco, the State of NC, etc.).…
North Carolina has a set of specific rules and laws about use of security deposits—these restrictions are laid out in North Carolina General Statute §42-50 through §42-56. Whether you are a landlord or tenant in North Carolina, it is important that you have an understanding of the rules governing security deposits. Limitations on Collection of…
It is a common misconception that if a resident of North Carolina dies without a Will, the resident’s assets will be taken by the State of North Carolina. While there IS such a thing as the State taking unclaimed assets from a deceased person’s estate (“escheat”), it rarely ever happens. Intestate vs. Testate in NC Individuals…
Many of our clients have heard or understand that they must be separated for one year before they can obtain a divorce (if not, see our previous post here). Many of them have questions about what to do to finalize their NC divorce once the year has passed. WHAT IS AN ABSOLUTE DIVORCE? An absolute…