By jesstaylor4 June 29, 2012
Hands Law made my bankruptcy process easy to understand and were very supportive during the whole process, I cant imagine going anywhere else! Everyone was really nice and professional and answered all the questions i had. Thanks! ...read more
By Exit Realty South - Walid Muhammad July 03, 2011
Hello,Thank you for the opportunity to connect and share your business with clients. I gave you 5 Stars and Google+ for your business! Please send me your facebook page and let's exchange business on Facebook as well - http://on.fb.me/mOGtFc ...read more
By James January 01, 2011
He is a great lawyer. He is smart, caring and attentive. The idiot writing the negative reviews is almost assuredly a crazy, disgruntled person who probably lost custody of his/her kid or kids. ...read more
Believe it or not, you have an estate. In fact, nearly everyone does. Your estate is comprised of everything you own— your car, home, other real estate, checking and savings accounts, investments, life insurance, furniture, personal possessions. No matter how large or how modest, everyone has an estate and something in common—you can’t take it with you when you die. When that happens—and it is a “when” and not an “if”—you probably want to control how those things are given to the people or organizations you care most about. To ensure your wishes are carried out, you need to provide instructions stating whom you want to receive something of yours, what you want them to receive, and when they are to receive it. You will, of course, want this to happen with the least amount paid in taxes, legal fees, and court costs. That is estate planning—making a plan in advance and naming whom you want to receive the things you own after you die. However, good estate planning is much more than that. It should also: · Include instructions for passing your values (religion, education, hard work, etc.) in addition to your valuables. · Include instructions for your care if you become disabled before you die. · Name a guardian and an inheritance manager for minor children. · Provide for family members with special needs without disrupting government benefits. · Provide for loved ones who might be irresponsible with money or who may need future protection from creditors or divorce. · Include life insurance to provide for your family at your death, disability income insurance to replace your income if you cannot work due to illness or injury, and long-term care insurance to help pay for your care in case of an extended illness or injury. · Provide for the transfer of your business at your retirement, disability, or death. · Minimize taxes, court costs, and unnecessary legal fees. · Be an ongoing process, not a one-time event. Your plan should be reviewed and updated as your family and financial situations (and laws) change over your lifetime. Estate planning is for everyone. It is not just for “retired” people, although people do tend to think about it more as they get older. Unfortunately, we can’t successfully predict how long we will live, and illness and accidents happen to people of all ages. Estate planning is not just for “the wealthy,” either, although people who have built some wealth do often think more about how to preserve it. Good estate planning often means more to families with modest assets, because they can afford to lose the least. Too many people don’t plan. Individuals put off estate planning because they think they don’t own enough, they’re not old enough, they’re busy, think they have plenty of time, they’re confused and don’t know who can help them, or they just don’t want to think it. Then, when something happens to them, their families have to pick up the pieces. If you don’t have a plan, your state has one for you, but you probably won’t like it. At disability: If your name is on the title of your assets and you can’t conduct business due to mental or physical incapacity, only a court appointee can sign for you. The court, not your family, will control how your assets are used to care for you through a conservatorship or guardianship (depending on the term used in your state). It can become expensive and time consuming, it is open to the public, and it can be difficult to end even if you recover. At your death: If you die without an intentional estate plan, your assets will be distributed according to the probate laws in your state. In many states, if you are married and have children, your spouse and children will each receive a share. That means your spouse could receive only a fraction of your estate, which may not be enough to live on. If you have minor children, the court will control their inheritance. If both parents die (i.e., in a car accident), the court will appoint a guardian without knowing whom you would have chosen. Given the choice—and you do have the choice—wouldn’t you prefer these matters be handled privately by your family, not by the courts? Wouldn’t you prefer to keep control of who receives what and when? And, if you have young children, wouldn’t you prefer to have a say in who will raise them if you can’t? An estate plan begins with a will or living trust. A will provides your instructions, but it does not avoid probate. Any assets titled in your name or directed by your will must go through your state’s probate process before they can be distributed to your heirs. (If you own property in other states, your family will probably face multiple probates, each one according to the laws in that state.) The process varies greatly from state to state, but it can become expensive with legal fees, executor fees, and court costs. It can also take anywhere from nine months to two years or longer. With rare exception, probate files are open to the public and excluded heirs are encouraged to come forward and seek a share of your estate. In short, the court system, not your family, controls the process. Not everything you own will go through probate. Jointly-owned property and assets that let you name a beneficiary (for example, life insurance, IRAs, 401(k)s, annuities, etc.) are not controlled by your will and usually will transfer to the new owner or beneficiary without probate. But there are many problems with joint ownership, and avoidance of probate is not guaranteed. For example, if a valid beneficiary is not named, the assets will have to go through probate and will be distributed along with the rest of your estate. If you name a minor as a beneficiary, the court will probably insist on a guardianship until the child legally becomes an adult. For these reasons a revocable living trust is preferred by many families and professionals. It can avoid probate at death (including multiple probates if you own property in other states), prevent court control of assets at incapacity, bring all of your assets (even those with beneficiary designations) together into one plan, provide maximum privacy, is valid in every state, and can be changed by you at any time. It can also reflect your love and values to your family and future generations. Unlike a will, a trust doesn’t have to die with you. Assets can stay in your trust, managed by the trustee you selected, until your beneficiaries reach the age you want them to inherit. Your trust can continue longer to provide for a loved one with special needs, or to protect the assets from beneficiaries’ creditors, spouses, and irresponsible spending. A living trust is more expensive initially than a will, but considering it can avoid court interference at incapacity and death, many people consider it to be a bargain. Planning your estate will help you organize your records and correct titles and beneficiary designations. Would your family know where to find your financial records, titles, and insurance policies if something happened to you? Planning your estate now will help you organize your records, locate titles and beneficiary designations, and find and correct errors. Most people don’t give much thought to the wording they put on titles and beneficiary designations. You may have good intentions, but an innocent error can create all kinds of problems for your family at your disability and/or death. Beneficiary designations are often out-of-date or otherwise invalid. Naming the wrong beneficiary on your tax-deferred plan can lead to devastating tax consequences. It is much better for you to take the time to do this correctly now than for your family to pay an attorney to try to fix things later. Estate planning does not have to be expensive. If you don’t think you can afford a complex estate plan now, start with what you can afford. For a young family or single adult, that may mean a will, term life insurance, and powers of attorney for your assets and health care decisions. Then, let your planning develop and expand as your needs change and your financial situation improves. Don’t try to do this yourself to save money. An experienced attorney will be able to provide critical guidance and peace of mind that your documents are prepared properly. The best time to plan your estate is now. None of us really likes to think about our own mortality or the possibility of being unable to make decisions for ourselves. This is exactly why so many families are caught off-guard and unprepared when incapacity or death does strike. Don’t wait. You can put something in place now and change it later…which is exactly the way estate planning should be done. The best benefit is peace of mind. Knowing you have a properly prepared plan in place - one that contains your instructions and will protect your family - will give you and your family peace of mind. This is one of the most thoughtful and considerate things you can do for yourself and for those you love. Contact theDickens Law Groupto learn more aboutEstate Planning and Elder Law. ...read more
By Dickens Law Group March 19, 2016
As summer approaches, many of us will be planning vacations. Some of us may take our children and others may decide a “grown up only” vacation is well needed! Either way, the number of cars and length of time we each spend on the roads increases. Naturally, with the increase of drivers on the road, there is also an increase of motor vehicle accidents. In a 2013 report by U.S. Department of Transportation, National Highway Traffic Safety Administration, it states that during the months of April, May and June of 2013 there were 8,200 fatalities on the roads. It increased to 9,000 during the months of July, August and September 2013. Of course, wearing seat belts, turning off our cell phones and just simply driving safely does reduce the risk of accidents. But, accidents still happen. Because we all naturally live with this risk, it becomes even more important during the summer to have the necessary legal documents in place BEFORE leaving for vacation. What legal documents are important? 1. Health Care Power of Attorney, Living Will and Financial Power of Attorney. In case of an accident and you are seriously hurt, you may need to have someone manage your finances until you are well. You may also need someone to make medical decisions for you during this time if you cannot make them yourself. Not having these documents properly drafted puts your health and finances at risk. 2. Nominate guardians for your children. If you pass away you need to make certain that your children will be cared for by the person of your choosing. In addition, you should always have a file with all your children’s medical information, pediatrician information, allergy list, medications, etc. If you are on vacation without your children, your child’s caregiver may need to care for them longer than planned if you get into an accident. Making certain the caregiver has the proper plan in place only helps your children during a very difficult time. 3. Establish a Revocable Living Trust. If you pass away as a result of this accident, you need to make certain that there is someone to distribute your assets to the individuals you decide should have your assets. This means you keep control over the who, when and how much, not someone else. A Trust will also help if you do not pass away, but are seriously injured, your Successor Trustee can immediately step in and help with your finances. But the only way this can happen is if your Trust is properly created and specific assets are owned by the Trust. If you don’t have a proper Estate Plan in place and you live in Charlotte, North Carolina, this is a perfect time to contact our Charlotte Wills and Trusts Law Firm at (704) 843-1446 or contact us online and let us help you create an Estate Plan that reflects your wishes and needs. Http://www.ncestateplanninginfo.com ...read more
By Sabrina Winters, Attorney at Law, PLLC September 15, 2014
A revocable living trust (RLT) is a legal estate planning document that owns certain assets for the benefit of the creator of the Trust and ultimately for the benefit of the trust beneficiaries. The advantages of establishing a revocable living trust far out weight the minimal disadvantages for most. Advantages of a Revocable Living Trust One major advantage of a revocable living trust is that the beneficiary can avoid an expensive and drawn-out probate process in Charlotte, North Carolina. The expense of establishing this type of trust typically offsets this advantage; most find the ease of the transfer upon a person’s death well worth the cost. In addition, an RLT maintains the heirs’ privacy – as a revocable living trust is not a public document and is not overseen by the North Carolina Probate Court. Further, this type of trust can help businesses with ongoing operations upon the death or incapacitation of the establisher. This is a very important note to make if you are a Physician, CEO, COO or private business owner. Disadvantages of a Revocable Living Trust A revocable living trust is complex and lengthy requiring specific details and language to be included. The disadvantage (as in all Estate Planning documents) is that it should never be created via a do it yourself program. A qualified Charlotte estate planning attorney with the experience necessary to develop a thorough detailed trust should always be consulted. Charlotte Estate Planning Attorney Sabrina Winters has helped numerous clients decide if a revocable living trust is the best plan for them; and has the experience to create a revocable living trust that meets the needs of each individual client. Charlotte residents, who have a need for privacy, a desire to reduce the cost of legal fees after their passing and wish to pass their assets quicker, should consider a RLT. Sabrina Winters will guide you through this detailed process to help you establish the peace of mind you want for your future. Contact our office today at (704) 843-1446 or email us to schedule your consultation. Http://www.ncestateplanninginfo.com ...read more
By Sabrina Winters, Attorney at Law, PLLC September 15, 2014
Home buyers can get a great deal on real estate by purchasing a foreclosed property. Buying a foreclosure is full of many different legal implications, so it is important that prospective buyers work closely with their real estate agent, financial institution and attorney. ...read more
After the mortgage meltdown in recent years past, the terms "subprime mortgage" and "law" were blended together out of a need. Since the crisis that impacted many individuals and families, the federal government expanded the preexisting mortgage laws to reference points related to subprime mortgages. ...read more
