blog

February 9, 2017

What Kinds of Legal Issues Can Lead to Trust Litigation?

You hear a lot about parties heading to court to contest wills, but what about trusts? Unlike wills, courts do not supervise trusts unless an interested person brings a legal action, and then the appropriate court assumes its jurisdiction. Interested persons can take legal action to modify or terminate a trust, which is done through the court system. Because trustees have the role of fiduciaries in managing a trust, they are also obligated to comply with certain laws, such as the Uniform Trust Code (UTC). North Carolina, along with numerous other states, has adopted the UTC. Some issues beneficiaries may […]
February 9, 2017

The Link Between Drunk Driving and Car Accidents

While national campaigns have made progress in reducing drunk driving and associated accidents, statistics regarding drunk driving accidents are still alarming. Mothers Against Drunk Driving ® (MADD) regularly reports drunk driving statistics and has grown to be the largest non-profit organization against drunk driving in the United States. Since MADD was established in 1980, drunk driving deaths have dropped by 50 percent. However, according to MADD, much more work lies ahead.  Here are some alcohol related driving facts: In 2011, 226 children died in drunk driving crashes and 54 percent (122) were riding with the drunk driver In 2011, there […]
February 9, 2017

What Are the Advantages and Disadvantages of Forming an LLC?

LLC stands for limited liability company, a popular business structure that works effectively for many types of business. Some of the advantages of forming an LLC include the following: Limited liability for company members that protects their personal assets from creditors’ actions and from litigants who sue the company unless members are involved in illegal activity such as fraud, etc. Fewer formalities  ─ no regular meetings required, no meeting minutes or annual reports to file with the state No membership restrictions like S corporations which are limited to 100 stockholders, who must be U.S. citizens or residents Greater financial flexibility […]
February 9, 2017

What Rights To Inheritance Do Laws Guarantee for Spouses?

While people can draft wills leaving property to whomever they wish, a surviving spouse has certain rights regardless of how the will is written. A publication by the North Carolina Bar Association (NCBA) explains that under state law, a surviving spouse, whether husband or wife, has the right to claim a certain percentage of the deceased spouse’s estate despite whatever the will states. The claim is referred to as the spouse’s elective share. A summary of what a spouse can receive includes the following: When you’re the first spouse and your deceased spouse has no surviving descendants (no children), you […]