Monthly Archives: August 2015

Reasons for Real Estate Litigation in Broadway NC

When two or more parties have an interest in a particular property, the likelihood of real estate litigation in Broadway North Carolina arising increases. With rules in the industry and the economy constantly changing, there are several reasons why such real estate litigation in Broadway North Carolina may arise.

Acquisition and Development

Disputes may arise as properties are acquired and developed. For example, differences may emerge that pertain to a sale, development or option agreement. Additionally, there may be disputes if an area that was previously zoned for commercial purposes is rezoned for only residential purposes.

Title Disputes

Real estate litigation may be pursued when there is a dispute regarding the title to a residential or commercial property. This may occur when the property line is in dispute or when a person is trying to seek more rights pursuant to a quiet title or adverse possession action. If a person’s enjoyment of his or her property is being disturbed, real estate litigation may cite nuisance as a cause of action.

Government Disputes

The government may interfere with a person’s possessory interest in a property by exerting rights under eminent domain or by seeking condemnation of a property. This may require valuation of the fair market value of the property. The government may also require environmental audits of certain properties.

Construction Disputes

When a party is seeking to build his or her own property or make important renovations to the real estate, he or she wants to protect the property’s value. If there is a dispute with a contractor or subcontractor, real estate litigation may result. Liens may also be placed on the property by these parties. Sometimes these situations can be resolved through mediation or alternative dispute resolution.

When Do I Need a Healthcare Power of Attorney in Sanford NC?

A healthcare power of attorney in Sanford North Carolina is an individual whom you give the ability to make healthcare decisions on your behalf if you are unable to do so. Some individuals choose to appoint the same person to serve as a durable power of attorney for financial purposes and as a healthcare power of attorney. An estate planning lawyer can explain that there are certain times when you may want to appoint a healthcare power of attorney in Sanford North Carolina.

Before Medical Treatment

If you know that you will be undergoing a particular medical treatment, such as surgery or a treatment that involves anesthesia, you may want to consider appointing a healthcare power of attorney. Consider someone who is geographically close in case he or she needs to go to the medical center where you are undergoing this treatment.

Near the End

When it is time to have an end-of-life discussion, it is important that you express your final wishes to your loved ones. Your healthcare power of attorney can be used in conjunction with other directives, such as a living will. The healthcare power of attorney should be familiar with your wishes and be able to execute them.

To Appoint Someone You Trust

Simply because a person is a “next of kin” or even a close family member does not mean that you think that person would be the best person for the job of making major medical decisions on your behalf. In other cases, people are in committed relationships but are not officially married. In these situations, appointing a healthcare power of attorney allows you to grant a person you trust with this important power.

Anytime

Sometimes major medical catastrophes occur. They come out of nowhere and can inflict even the youngest of patients. It is never too early to make this important decision and document.

What Is Business Continuity Planning in Lee County NC?

Business continuity planning in Lee County North Carolina is basically preparing your business for a disaster. This strategy applies to natural disasters as well as man-made ones. If havoc strikes, business continuity planning in Lee County North Carolina ensures that your business survives.

Reasons for Business Continuity Planning

There are several situations in which a business continuity plan may be triggered. This can result if a natural disaster occurs, such as a wildfire, flood, tornado, blizzard or earthquake. A business continuity plan can also be triggered because of the loss of a physical building or a cyber attack. When disaster strikes, businesses may lose the revenue that they need to survive.

Elements of an Effective Business Continuity Plan

Creating an effective business continuity plan requires you to carefully assess the needs and practices of your business. Begin the process by identifying time-sensitive and critical business functions that must continue even in the face of disaster. Also, identify the resources at your disposal to help carry out these functions. Appoint at least two key members of your team to serve as emergency response leaders. Contact information for these individuals should be included in the plan.

One critical component of most businesses is information technology. Be sure that all of your data can be backed up to an offsite location so that you do not lose critical information in the time of crisis. You should be able to restore your data as needed. However, also be sure that you have alternative methods in place to continue your business while your computer systems are being restored.

Be sure to train your remaining staff on the business continuity plan. Practice your plan before any crisis to ensure that it will effectively continue your business operations.

How Is Child Support in Sanford NC Calculated?

For the most part, child support in Sanford North Carolina is ordered in an amount equivalent to that in the state child support table that corresponds with the parents’ adjusted income. This comparison serves as a rebuttable presumption as to the proper amount of child support in Sanford North Carolina cases.

Expenses Included in Guidelines

North Carolina law establishes certain child support guidelines that are used to determine the amount of support that a child needs in comparison to the earnings of both of his or her parents. This amount is based on data regarding the average expenditures on children. The amount in the guidelines excludes amounts for child care, health insurance and healthcare costs that exceed $250 per year. If the child incurs these costs, the reasonable amount of these expenses is added to the amount in the guideline on a prorated basis between the parents based on their individual incomes. The court may also order that other expenses be added to the child support guidelines, including expenses related to the child’s education or expenses incurred in transporting a child between his or her parents’ homes.

Determining Adjusted Income

In most cases, the child support obligation is calculated by adding the adjusted gross incomes of the parents together and then prorating the amount of support between the parents based on their respective incomes. Gross income is the amount of income that a parent receives from any source, including wages, self-employment, business income, rental property income or income from retirement funds and investments. This income is adjusted to account for any other existing child support obligations. If the court finds that a parent is voluntarily unemployed or underemployed, it can impute the amount of income based on the amount that the parent should be earning.