Adult Guardianship

Do you have a loved one who is not capable of handling his or her own personal, medical, or financial affairs?  Whether it is an aging parent or grandparent struggling with dementia, or an adult child suffering from a disability, it may be necessary to have a guardian appointed to ensure that your loved one’s affairs are appropriately managed.  In North Carolina, any interested party can initiate a guardianship proceeding. The guardianship process proceeds in two parts.  First, the court must determine whether your loved one is incompetent, meaning that he or she lacks necessary capacity to manage his or her affairs or to make or communicate important decisions concerning his or her person, family, or property.  If the court finds that your loved one is incompetent, it will then appoint a guardian to manage his or her affairs. 

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Do I need an attorney for a separation agreement?

These days you can find forms for all sorts of legal matters, particularly divorce and separation agreements. Many people try to use the fill in the blank agreements purporting to handle their property and debts, deal with alimony, child custody, and the child support issues.

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Emergency Custody

emergency-custody-picIt is an unfortunate reality that many parents face situations or circumstances that they feel need the Court’s immediate attention to ensure the safety of their children.  When such situations arise, a parent may need to seek emergency custody of their child. 

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Buckle Up

North Carolina’s seat belt laws have changed a few times over the last couple of decades. Regardless of age, if you are the driver or just a back seat passenger, North Carolina law now requires every occupant in a vehicle to buckbuckle-uple-up. However, a police officer must have reasonable suspicion to stop a vehicle and a back seat passenger not wearing a seat belt is not justification to stop a vehicle.

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Mediation vs. Arbitration – What’s the Difference?

“In most lawsuits in North Carolina the parties, and most often their attorneys, will be required to participate in Alternative Dispute Resolution (ADR). The most common ADR procedure is mediation, but the parties can choose arbitration. What is the difference between the two and how does it affect you?

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Holding Title to Your Home

You have recently gotten married and the two of you want to buy a new home. How should you hold title to what will likely be your biggest asset?Tenants by Entireties

There are several ways to hold your title such as: Tenants in Common, Joint Tenants and Tenants by the Entireties. There is no one right way and you should consult with an attorney before taking or changing title. This discussion is only about Tenants by the Entireties.

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What is Custody Mediation?

      Divorce-Mediation-Long-Island-Co-Parenting  Whenever a lawsuit is filed to establish custody, or a motion is filed to modify an existing custody order, the parties are ordered to attend Child Custody Mediation.  There are certain circumstances which may exempt the parties from mediation; however, generally speaking, custody mediation is mandatory.

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DWI – NC 30 Day Civil Revocation

Traffic Stop          In North Carolina, when you are charged with Driving While Impaired your license will be taken by the charging officer and automatically revoked for 30 days. The license is turned into the Clerk of Court where you can retrieve it after meeting the statutory requirements. However, you may be eligible for a Limited Driving Privilege which allows you to get back on the road during the revocation period. To be considered for a Limited Driving Privilege, you must meet certain requirements which our attorneys can help walk you through.

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It’s Tax Time & You’re Divorced

How do you determine who receives the dependency exemption for the children?

          To claim the dependency exemption the parents must be divorced or separated, have a separation agreement or have lived apart during the last six months of the year. Generally only the custodial parent may claim the dependency exemption. Custody is determined by the number of overnights slept in the home of a parent. The parent having custody for a greater portion of the year is considered the custodial parent.

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Do you need a Real Estate Lawyer?

Real Estate LawyersWHY DO YOU NEED AN ATTORNEY FOR A REAL ESTATE TRANSACTION?

Buying or selling a home may end up being the most significant financial transaction you ever engage in, one that affects all aspects of your life.  You likely don’t know all things you need to know to protect yourself.  That’s why it’s best to have a qualified real estate lawyer help you through the process.

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