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If you’re a maritime business owner and one of your employees is injured at work, they might be able to file a lawsuit against your company under the Jones Act. If you’re going to employ maritime workers or seamen that are covered by the Jones Act, you need to ensure that your business is also…
Read MoreProbate and estate administration proceedings can be lengthy and uncertain. The process can create an opportunity for beneficiaries to challenge the validity of the deceased person’s will. For this reason, most people prefer finding ways to protect their loved ones from going through the costly probate process. Although avoiding probate and estate administration can be…
Read MoreAfter a boating accident, your goal should be to make sure everyone involved is safe. If the boat is still afloat, do a quick headcount to confirm that everyone is still on board. If someone has fallen overboard, assist them in safely getting back into the boat. Once everyone has been accounted for, check for…
Read MoreIf you are facing probate in North Carolina, it helps to understand the fundamentals of the probate and estate administration process in North Carolina. The best place to start is hiring an experienced Wilmington estate planning attorney who understands how the probate law works in North Carolina and can walk you through the entire process.…
Read MorePower of attorney is a legal instrument that grants a designated person the power to make decisions on your behalf if you are not physically present or incapacitated. The agent may be responsible for managing your property, finances, and/or medical affairs. There are different types of powers of attorney, and different individuals can be designated…
Read MoreBy: Joseph Horowitz Spoliation is the failure to preserve evidence. Parties to a lawsuit may not alter, destroy or conceal evidence. The penalties for spoliation can be harsh – such as striking a pleading, dismissal of an action, an adverse inference jury instruction or monetary penalties against the spoliator. This article will give an overview…
Read MoreTake a moment to think about what would happen to your business if you passed on or became incapacitated. Can the company survive? If that thought sets you in a panic mode, you need to consider creating a business succession plan. With a succession plan, you can spot critical roles in the organization and the…
Read MoreIntestate refers to dying without having a valid will. Based on the law of inheritance, intestate succession is what happens to property that has not been distributed by a legal will or other binding declaration. In North Carolina, if you die without a valid will, the state intestacy law will apply. This means that the…
Read MoreBefore we discuss what is a living trust, let’s first discuss what is a trust. A trust is an estate planning tool where you retitle your assets from your name to the name of the trust. Once the assets are retitled to the name of the trust, the assets are governed by its terms. Trusts…
Read MoreA living will (also known as an advance directive) is a legally binding document that allows you to outline your end-of-life medical preferences if you cannot communicate them. This document informs your doctors and caregivers of your choices in certain circumstances, such as when you are in a coma or permanently unconscious, terminally ill, or…
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