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.).…
DetailsNorth 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…
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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…
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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…
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Unlike many other states, North Carolina law typically prevents credit card companies and private creditors from collecting debts from NC citizens by wage garnishment. While there are certainly exceptions, as discussed below, wage garnishment is not a widely available collections option for creditors in NC. Wage Garnishment? What is that? Wage garnishment is the legal…
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A great deal of what I do as an Estate Planning and Elder Law attorney is to provide my clients with as much control over their futures as possible. While we’d like to think that we will always enjoy the control we have today, we must acknowledge that there is a possibility (even a certainty)…
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So, you got a speeding ticket. It happens, even to the best drivers. As you see it, you can either (1) pay the ticket or (2) pay an attorney to “take care” of the ticket. Many people, when faced with the hassle of hiring an attorney and paying the attorney’s fee, choose option number one,…
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When you’re buying or selling real estate, one of the first things you should consider is whether or not to engage the services of a real estate agent. The answer, in short, is “Absolutely!” Real estate transactions are really a team activity, and you should spend some time assembling the absolute best team you possibly can…
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Many of my clients have heard national financial gurus like Suze Orman emphasize that a Revocable Livings Trust (or RLT, for short) is an essential part of ANY complete Estate Plan. Well, that is not quite true. When clients ask me whether they NEED an RLT, my lawyerly response is, of course, “it depends.” Trusts,…
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In considering the benefits and drawbacks of filing for bankruptcy, the decision as to which type of bankruptcy to file is extremely important. Below is a basic primer on the two main forms of consumer bankruptcy: Chapter 7 Bankruptcy under Chapter 7 is what attorneys and others frequently call “liquidation” bankruptcy. The primary benefit of…
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