Trust and Estate Litigation
The statute of frauds is a legal principal that requires certain contracts to be in writing in order to enforce them. It is traditionally reserved for contracts involving important or expensive subject matter, such as the sale of land, contracts for marriage, or the sale of goods totaling more than $500. In these instances,…
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When hiring a contractor for a residential or commercial construction or renovation project, there are many qualified, dependable contractors from which to choose. However, there is always the risk of hiring someone who will (1) do a poor job; (2) take much longer than expected; or (3) both. There are…
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Losing a loved one is an emotional and difficult time, even without handling the legalities and formalities of the deceased’s affairs. When you find yourself responsible for handling the deceased’s business at the end of death, where do you start? This post aims to explain the basics of probate, how…
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If you have a will or have ever dealt with estate administration, you are probably familiar with the term “executor.” However, most people don’t know what an executor is or what the executor’s role is. Additionally, what do you do if you suspect an executor is behaving fraudulently or contrary…
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Easements in North Carolina just got a little easier to maintain and, if necessary, litigate. The Supreme Court of North Carolina ruled in August 2016 that easement holders have twenty years within which to file a suit for the removal of easement encroachments. This overruled previous case law requiring easement…
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Your aging parents just appointed you as their attorney-in-fact– now what? It is important to keep in mind a few simple rules to stay within the bounds of the law. Rule #1: Act in the principal’s best interests. The principal is the person…
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To bring a lawsuit in the United States, one must have “standing.” This legal principle essentially requires the person or company filing a lawsuit have an interest in a dispute. That interest could involve a piece of property subject to an easement, a Constitutional right, or an injury suffered at…
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It is not uncommon for courts to name one’s spouse as their guardian, but what happens when the incompetent party wants to get divorced from his wife and guardian? Can one be incompetent, yet understand the consequences of and express a desire to get divorced? …
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Whether a person is an independent contractor or an employee has important legal implications. The distinction affects the rights of the independent contractor/employer, income taxes, and the liabilities of both employer and worker. Considerations In determining the worker’s classification, courts look at the…
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With school out and college kids exploring the world, so-called “Grandparent Scams” are on the rise. These insidious scams prey on the reputation of grandparents as willing to help their grandchildren and the possibility that their memories might be weakened by age or illness. Elder abuse scams, like this one,…
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