Monthly Archives: November 2015

Are You Involved In Real Estate Litigation in Broadway NC?

There are a wide range of people and organizations that get embroiled in real estate litigation. Real estate litigation in Broadway North Carolina can involve prominent property owners, developers, secured lenders, institutional and private investors, real estate brokers, condominium associations, property managers, governmental entities, borrowers, landlords, tenants, title companies, etc. Additionally, real estate litigation in Broadway North Carolina can end up in state as well as federal courts, arbitration hearings as well as other alternative dispute resolution arenas, administrative agencies, planning commissions, zoning boards, city councils, and other administrative bodies.

If you are involved in a real estate lawsuit, you need an experienced real estate litigation attorney capable of handling all aspects of contested real estate matters. Whether the litigation that you are involved in is on a national scale, or if you need a real estate attorney familiar with local procedures and who has credibility with local officials, you need to find an attorney with the qualifications required to produce the result you want.

Some of the more commonly litigated real estate issues relate to:

  • Purchase and Sale Contracts
  • Commercial and Residential Leases
  • Construction Defect Claims
  • Breach of Contract Claims
  • Fraud Claims
  • Misrepresentation Claims
  • Real Estate Partnership/Entity Disputes
  • Title Claims
  • Licensing
  • Foreclosures
  • Boundary Line Disputes
  • Condemnation/Eminent Domain
  • Zoning and Land Use Disputes
  • Brokerage Fee Disputes
  • Disputes Related to Easements
  • Condominium Disputes
  • Environmental Law Violations
  • Trespass Claims

Some questions to ask of real estate attorneys before you decide to retain their services include: how long they have been practicing, how many cases like yours have they handled, how would you handle your case, how will they bill you, and who else will be working on your case? Regardless of the type of real estate issue that you are dealing with, a seasoned real estate attorney should be able to answer those basic questions and assist you in overcoming your legal dispute in a cost-effective manner.

Do You Need Healthcare Powers of Attorney in Broadway NC?

Living wills and healthcare powers of attorney in Broadway North Carolina are the two basic legal documents that allow you to declare your wishes for medical treatment in the event you are no longer able to make your own choices. Living wills give directions as to whether you wish to receive any life-prolonging measures in certain circumstances. Healthcare powers of attorney in Broadway North Carolina allow you to appoint another person to have the authority to consent to or refuse any or all medical care, including mental health treatment, on your behalf if you are unable to do so yourself.

This appointed person is called your health care agent, or sometimes referred to as attorney-in-fact for health care, health care proxy, or surrogate. You need to make sure that you discuss your wishes concerning mental health treatment, life-prolonging measures, and other health care decisions with your health care agent, since they are obligated to make doctors and other healthcare providers aware of your predetermined medical care wishes.

In order to have legal capacity to create a healthcare power of attorney, you must be an adult 18 years old or older and in sound mind. Sound mind means that you understand what the healthcare power of attorney document is, what it contains, what it means, and how it works.

Your living will and healthcare power of attorney will only take effect if a doctor determines that you lack “capacity” to make your own healthcare decisions. In order to lack legal mental capacity you must:

be unable understand the nature and consequences of the health care choices that are available to you, and
be unable to communicate your own wishes for health care, either verbally, in writing, or through gestures.

If you are interested in receiving legal help when creating your healthcare directive documents, you should contact a local estate planning attorney for more information.

What to Know About Business Continuity Planning in Lee County NC

While it is not something most people want to think about, the fact is that emergencies happen. As a business owner, you need to have a business continuity plan, or emergency plan, in the event that your business is affected by various types and levels of disaster. Business continuity planning in Lee County North Carolina helps business owners create a sound strategy so that their business operations can continue in spite of adverse events. Business continuity planning in Lee County North Carolina can protect your business from lost revenues resulting from disruptions of business operations due to unpredictable emergency circumstances.

A business continuity action plan is a written document that contains all the critical information your business needs to stay running in the event of an emergency situation that threatens to halt your business operations. Your business continuity plan should clearly detail the essential functions of your business. The plan should also identify and prioritize which systems and processes must be sustained and provide the necessary information for maintaining them.

The following is a list of some important information your business continuity action plan should include.

  • Employee Contact List
  • Key Supplier/Vendor Information
  • Key Emergency Contacts
  • Prioritized List of Critical Business Functions
  • Recovery Locations
  • Copies of Necessary Records
  • Critical Supplies List
  • Inventory of Company Equipment
  • Disaster Response Plan

Business continuity planning involves business owners identifying potential risks to their business and then determining how those risks will affect your operations. Once you identify the potential dangers to your business, you can begin implementing safeguards and procedures that can mitigate those risks, test those procedures, and periodically review the process to make sure that it is up-to-date and working.

If you are a business owner without a business continuity plan in place, you are putting your business and economic future at risk. Do not take chances with your business. Contact a local business continuity planning consultant for a consultation.

What You Should Know About Child Support in Lee County NC

Child support in Lee County North Carolina is the amount of money that a non-custodial parent pays to the parent with physical custody of the child in order to help support the child when the parents live separately. North Carolina parents have the option of agreeing to an informal out-of-court child support arrangement for an agreed-upon amount, or the court can issue a child support order. Additionally, any parent, person, agency, organization or institution who has custody of a minor child, or who is filing for custody, can petition to receive child support in Lee County North Carolina in court.

If you do choose to formally petition the North Carolina court in order to request child support, it can be done either in civil court or through a criminal action. In North Carolina civil court, you may file for child support on your own, with the assistance of a hired lawyer, or through the Division of Social Services (DSS) which will file the child support case on your behalf.

The North Carolina criminal action for child support can be initiated when a parent “willfully” refuses to provide adequate child support, even if no child support order has been issued by the court yet. Willfully refusing to pay child support is a misdemeanor crime in North Carolina. If a parent is convicted of this crime, a family law judge has the option of forcing the parent to transfer property to the custodial parent, garnish the parent’s wages, give the parent a suspended jail sentence that would upon the condition that the person pay child support in a certain amount upon a certain schedule. If the parent fails to follow the order, the suspended jail sentence may be placed into effect.

If you have physical custody of your child and want assistance filing for child support, contact a local child support attorney for more information.