When you create an estate plan, you need the assistance of professionals from several fields. Primarily, you need to meet with the following:
- An estate planning attorney who can help you design and create your will and/or trust. Not only will this professional create your estate plan, they will ensure that your plan meets both federal and state law requirements. - A tax planning professional that can assist you in minimizing the amount of income taxes that your beneficiaries would be obligated to pay on the income and assets they inherit. - A financial advisor that can assist you in designing a suitable investment portfolio for your assets. Your financial advisor should be knowledgeable about estate planning needs and the laws concerning retirement accounts. When you work with a team, a team who routinely communicates with each other per your direction, you maximize your opportunity for your assets to grow with minimal impact to yourself and your beneficiaries. If you are unsure as to whether your estate is large enough to consider the services of an estate planning team, arrange complimentary consultations with professionals to determine whether their services are necessary.
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A will is a legally binding document that lays out an individual’s after-death plans for his or her property and affairs. It is not required that one has a will, however, if you do not specify what happens to your belongings after you are gone, North Carolina will dispose of your property according to the general rules of inheritance. While you do not necessarily need an attorney while drafting your will, it is highly encouraged in order to reassure you that your will complies with all North Carolina statutes. Creating a will on your own, and having it bring about what you anticipated, can be complicated.
Witnesses In that state of North Carolina, you must sign your will in the presence of two witnesses. If you are unable to sign your own will, a witness may do it for you. Your witnesses do not have to read the will or know its contents. The law demands that the testator – the person making the will – declares in the presence of their two witnesses that he or she intends to sign the document as a Last Will and Testament. There are no criteria when choosing whom the witnesses are, however, it is preferred that they are two impartial individuals that have no interest in the testator’s estate. Notarization While a valid will does not require any type of seal or notarization, it does allow the testator and witnesses to complete a notarized affidavit at the time the will is signed. A notarized affidavit holds the same legal power as if the parties testified in court under oath. This notarized affidavit will make the will “self-proving,” meaning that when the will is filed after the testator’s death, the court does not have to make a separate inquiry to determine the validity of the signatures of the testator and the witnesses. Alternate Forms North Carolina accepts three different variations of wills. The most traditional will is known as an attested will, which means that the will is typed up as an official document and signed by the testator and two witnesses. The other two formats for a valid will in North Carolina include handwritten and oral wills. A handwritten will, also referred to as a holographic will, is a valid will in North Carolina as long as the entirety of the will is in your handwriting and is found after your death. A handwritten will is valid without witnesses; however, the testator must still sign it. A nuncupative will is an oral will made in the presence of at least two witnesses. Majority of States do not recognize oral wills, but North Carolina may if the testator’s death is quickly approaching. North Carolina only permits oral wills for the distribution of personal property – real estate can only be disposed of by an attested or holographic will. What is a Security Deposit?
By definition, a security deposit is a sum of money given to the landlord to ensure that rent will be paid and other responsibilities of the lease performed. Such responsibilities include: paying for damages to the premises caused by the tenant, covering any unpaid bills, and the cost of re-renting the premises after breach by the tenant. The laws surrounding security deposits vary from state to state. Landlords must follow state law when handling tenant’s security deposit, which means using it only for certain expenses and returning it tenants in a timely manner. North Carolina Law North Carolina requires that security deposits from the tenant in residential dwelling units be deposited in a trust account with a licensed and federally insured depository institution lawfully doing business in this state. Security deposits from the tenant may be held in a trust outside of North Carolina only if the landlord provides the tenant with adequate bond in the amount of said deposits. Landlords or their agents are required to notify tenants within thirty days after the beginning of the lease term of the name and address of the bank or institution where their deposit is currently located or the name of the insurance company providing the bond. When Can a Landlord Withhold Security Deposits? As a tenant and as a landlord, it is important to be privy to landlord’s obligations to security deposit guidelines. Below is a list of scenarios detailing when a landlord is prohibited from keeping security deposits and when he must return them.
Remedies for Getting Deposits Back A tenant is allowed to institute a civil action to require the accounting of and the recovery of balance of a deposit if the landlord (or landlord’s successor) in interest fails to account for and refund the balance of the tenant’s security deposit pursuant to this Article. The failure of a landlord to comply with the deposit, bond, or notice requirements of this Article shall nullify the landlord’s right to retain any part of the tenant’s security deposit as otherwise permitted under G.S. 42-51. Additionally, the tenant may recover damages resulting from noncompliance by the landlord. Such damages include cost for an attorney and court fees. Congratulations to Attorney Christopher Adkins for being selected as one of the 10 Best Family Law attorneys for client satisfaction for 2017 by the American Institute of Family Law Attorneys!
There are a multitude of things that one can do in order to maximize their chances of having more custody over their child/children. Documentation is key. The best thing you can do in this scenario is to document everything that takes place between you, your child/children, and the other parent.
When discussing child custody, the first thing a judge is going to take notice to is the relationship between each parent and the child. Get involved! Create a stable environment for your child, help your child in school, and get involved in your child’s after school activities. Become the most important actor in your child’s life. The best way to better your chances at getting your ideal custody order is to prove that you are a benefit to your child’s development and well-being. The State of North Carolina has abolished any bias over either the mother or the father. The courts must keep in mind the best interest of the child in order to determine a custody arrangement. This being said, it is never too late to create a special bond between you and your child/children. It is never too late to step up to the plate and be the responsible parent that your child needs in order to continue to develop and learn. If you need to speak with a divorce / separation / family law attorney, contact Adkins Law. Adkins Law is located in Huntersville NC and primarily serves Mecklenburg County, Charlotte, and the Lake Norman area. Separation leads to conflict. There is no way around it. In any separation, opposing parties have different wants and interests. They both feel they are entitled to certain things. The ultimate goal is getting resolution. The attorney’s role in separation is helping a party achieve resolution with favorable results. This is not always easy, and it is rare for either party to get exactly what they are seeking. Finding middle ground, and compromise is often key to reaching resolution. The important thing is understanding what you are likely entitled to, and what you are asking for – seeking more than you would likely end up with is a recipe for disappointment as you will feel like you are losing with every compromise.
Traditionally, negotiation strategy focuses on four basic tenets:
Traditional negotiation strategy is a very logical, rational way to jointly achieving conflict resolution. This approach is a problem-solving method that places a systematic emphasis on reaching an agreement. The problem is traditional, logical, rational negotiation strategy is not very effective – in practice it rarely works. While traditional negotiation strategy is appealing to academics, they are objectively removed from the emotions that exist at a negotiation table. This approach makes the assumption that people are not animalistic, unreliable, and irrational beings. It is not easy, for example, to place objective value on time with your children, dividing the belongings in your home you have shared with your family, or paying support to the ex-spouse that cheated on you. Instead of rational thought, emotions come into play, which make it nearly impossible to not be concerned about the other side’s position. It is very clear – emotionally driven negotiations cannot be approached with rational bargaining methods. So what is the solution to successful negotiation? How do I get the outcome I want and need from my own divorce? To begin with, emphasis must be removed from quid pro quo bargaining and problem solving. Instead, emotions, and learning to use them to your benefit, are central to effective negotiation. Emphasis needs to be placed on calming people down, establishing rapport, gaining trust, expressing the needs of your position, and empathetic persuasion. Ask questions like “What are you going through?” “How does that make you feel?” and “How am I supposed to do that?” Introducing emotion into a rational mindset can modify response. Emotions and instincts are much more powerful than logic and can influence rational thought. Changing the behavior and shifting the emotional environment of the other party can help you obtain the outcome you need. So before you attempt to negotiate your separation, discuss with your attorney not just what makes sense logically in determining how to divide assets and debts, paying or receiving support, and a child custody schedule that works best for all parties, but discuss what emotional triggers and desire the other party has – try to figure out what they are really interested in and want they really want. Use that as leverage to get what you really want and need. Conflict is often the path to great deals, and at some point every negotiation gets down to old-fashioned haggling. The important thing to remember is that to successfully negotiate, you have to be prepared – and that means better knowing and understanding the rational and emotional aspects of the other party. To learn more about negotiation techniques and strategy, consider reading and reviewing the following books: Getting To Yes: Negotiating Agreement Without Giving In, Roger Fisher and William Ury Getting Past No: Negotiating With Difficult People, William Ury Bargaining For Advantage, Richard Shell Beyond Winning, Robert Mnookin Start With NO, Jim Camp No: The Only Negotiating System You’ll Ever Need, Jim Camp Making Money Talk: How To Mediate Insured Claims And Other Monetary Disputes, J. Anderson Little Wired For Conflict, Sondra S. Vansant Never Split The Difference: Negotiating As If Your Life Depended On It, Chris Voss Getting Ready To Negotiate, Roger Fisher and Danny Ertel Getting Together: Building Relationships As We Negotiate, Roger Fisher You Just Don’t Understand, Deborah Tannen Talking From 9 To 5, Deborah Tannen In A Different Voice, Carol Gilligan Games People Play, Eric Berne The Magic Of Rapport, Jerry Richardson The Human Factor At Work, Eric Oliver Influencing With Integrity, Genie Z. Laborde Control Theory, William Glasser Pre-Suasion: A Revolutionary Way To Influence And Persuade, Robert Cialdini Influence: The Psychology Of Persuasion, Robert Cialdini If you need to speak with a divorce / separation / family law attorney, contact Adkins Law. Adkins Law is located in Huntersville NC and primarily serves Mecklenburg County, Charlotte, and the Lake Norman area. Divorce can be very expensive. Most family law attorneys operate on the billable hour. Thus, your total expense varies depending on the work that goes into your case. Cases that settle faster are typically less expensive than cases that are litigated and require multiple court appearances. Clients are also responsible for other fees such as court filing fees, which can cause your total expenses to increase. Occasionally, family law attorneys take certain cases on a flat fee basis. In these situations, be sure that you understand exactly what representation you are getting for the flat fee. Your representation may not extend to all areas you are needing to be represented for. Either way, before hiring an attorney, make sure that you understand your fee and payment structure - and make sure that you make wise decisions together as to how to best use your attorney's fees. If you need to arrange a divorce or separation consultation with a family law attorney, contact Adkins Law. Adkins Law is located in Huntersville NC and primarily serves Mecklenburg County, Charlotte, and the Lake Norman area. What is the process for legitimation in North Carolina? If you need to speak with a family law attorney concerning legitimation, contact Adkins Law. Adkins Law has locations in Huntersville and Ballantyne for your convenience. |
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