The Legal Benefits of Creating a Will with Weaver, Bennett & Bland, P.A.
When it comes to estate planning, creating a comprehensive will is one of the most important steps you can take to protect your assets and ensure your wishes are carried out. At Weaver, Bennett & Bland, P.A., our knowledgeable attorneys specialize in estate planning and can guide you through the process of creating a will that meets your unique needs. In this article, we will explore the legal benefits of creating a will with our firm.more
4 Factors Judges Commonly Look For In Child Custody Cases
When it comes to child custody cases, there are a lot of factors that judges consider in order to determine the best interest of the child. At Weaver, Bennett & Bland, P. A Law Firm, our family law attorneys have extensive experience in handling these types of cases and understand what judges are looking for. In this article, we will discuss the four factors that judges commonly look for in child custody cases.more
How Much Does Divorce Cost in North Carolina?
When you’re seeking a divorce, one of the most important questions you’ll want answered is this: “How much will my divorce cost?” In this article, we’ll discuss average costs for different types of divorce, as well as factors that can increase the cost of divorce.
Average Cost of Divorces in North Carolina
To determine the cost, first, we need to clarify that there are two types of divorces.
The first type happens when one party files a lawsuit to become unmarried after years of separation, by which point all issues have hopefully been resolved. This generally costs about:
- $400 -$750 in attorney’s fees
- $225 in filing costs ($235 if the Plaintiff wishes to resume a maiden name)
- Up to $30 in service costs
- $20 motions...
5 Things You Think You Know About Separations But Really Don’t
Do you think you know everything about what constitutes separations in North Carolina? Let’s put your knowledge to the test with a pop quiz. All questions are true/false.
1. You can be separated from your spouse while living in the same house as long as you sleep in separate rooms.
FALSE. To be separated, you must reside in separate residences, not hold yourselves out as being together and at least one of you has to have formulated the idea that you want the separation to be permanent.
2. If you have sexual relations with your spouse during separation, the separation period has to start over again, i.e., the sexual relations terminate the separation.
FALSE. A separated couple can have isolated instances of sexual contact and may even vacation together. It’s the...more
4 Things You Need to Know About Pre-Marital Agreements
Premarital Agreements, also known as Prenuptial Agreements (“prenups”) are authorized by North Carolina General Statute § 52B, the Uniform Premarital Agreement Act. A Premarital Agreement is “an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.” The agreement must be in writing and signed by both parties.
The premarital agreement is utilized most often when one party has significantly more assets than the other, a much higher income, or for second marriages, where a spouse wants to protect the interests of children born with his or her first spouse. Most prenuptial agreements provide that assets owned by a spouse as of the date of marriage shall remain that spouse’s separate property and shall not be subject to equitable...more
Grandparent rights for visitation in NC
Grandparents’ rights vary between states. Because of this, it’s important to understand the statutes your state has surrounding this topic. What is in the best interest of the child is always considered prior to granting grandparents custody or visitation. Below you can find common FAQs regarding grandparents’ rights in North Carolina.
Are there any North Carolina laws that deal with Grandparents’ rights?
Do I have any rights as a grandparent to force the parents to let me see my grandchildren?
Parents have a constitutionally protected status in relation to the care, custody and control of their minor children. No third party, including a grandparent, has the right to tell an “intact” family with whom their...more
What Is a Will & Why Do You Need One?
If you don’t have a valid last will and testament, you’re in good company – as of 2017, only 42% of American adults had an end-of-life plan (including a will) in place.
Unfortunately, lacking a valid will doesn’t just mean that your end-of-life wishes may be ignored; it can also place additional strain and stress on your surviving loved ones. Instead of having time and space to grieve your death, they may instead find themselves locked in a messy estate battle with other family members.
Below, we explain the will-drafting process and why having a valid last will and testament is so important.
What Is a Will?
What is a Trust and What Does it Do?
A trust is a fiduciary arrangement that allows a trustee (a third party, not usually the beneficiary), to hold assets on behalf of a beneficiary or beneficiaries. Trusts can be drafted to deal with many situations and issues (e.g., minority, disability, spendthrift, creditor issues of a beneficiary, etc.) and can specify exactly how and when the assets benefit and pass to the beneficiaries. The trustee can be a family member and/or an independent individual or entity and there are advantages to each serving as trustee or to both serving together. While a beneficiary can be a trustee of his or her trust, depending on the circumstances the appointment of a beneficiary may not be appropriate.
A trust can be established for many reasons including, but not limited to, estate tax...more
What is Estate Administration
Here are a few of the types of situations that can warrant an Estate Administration matter:
1. If a loved one has passed away
2. You are named as a beneficiary in someone’s estate
3. You have been appointed as a personal representative/executor
4. You are a creditor of that individual’s estate or have been named as guardian of the person of a minor beneficiary an estate administration can be a complicated matter.
What situations can make estate administration complicated?
When money or assets are involved, an estate administration can be as contentious as a divorce.
If you are a surviving spouse, whether you have been disinherited or not, you have legal rights and options available to you including, but not...more
2 Things You Should Know About Catastrophic Injuries
Catastrophic injuries are the type of injuries that completely change a person’s life by impacting and changing how they live their life or earn their living. These types of injuries typically involve head injuries, spinal injuries, amputations, or loss of sight or hearing.
How can a catastrophic injury affect me?
Unlike less severe types of injuries, catastrophic injuries frequently have long-term effects which change the entire course of a person’s life and have an impact on all those around the injured person. Long-term medical care or life assistance can put tremendous pressure on an injured person’s family and friends. Catastrophic injuries cause long-term financial burdens.
Motor vehicle accidents work-related injuries, intentional torts,...more
Will Contests & Litigation
Will contests often involve bitter disputes between family members. In some cases, a loved one changed their will after being improperly influenced by another family member or close friend. In other cases, the deceased family member was a victim of Alzheimer’s Disease or dementia, and they didn’t have the mental capacity to properly change their will. Regardless of the situation, the Charlotte will contest and estate litigation attorneys at Weaver, Bennett & Bland are here to help you through this trying time.
Every will contest–or “caveat action” –has facts that are as unique as your family. Our attorneys truly listen to your situation and help formulate a plan to make sure your loved one’s wishes are realized. With over 35 years of experience in caveat litigation, our...more
Understanding Eminent Domain
A condemnation action, also known as “eminent domain” or “land condemnation,” is the process by which the local, state, or federal government takes ownership of private property for public use.
Governments use their power of eminent domain for the construction of greenways, parks, highway widening or other road continuation projects, public transportation projects, water drainage projects, or the installation of public utilities like new electrical or plumbing lines. The power is also used to construct public-service properties like libraries, police stations, or new schools.
How Condemnation Proceedings Work
When a property owner receives notice that the government wants to ‘take’ their property, they might feel angry, confused, and irritated. The owner may feel as...more