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Getting Divorced? Consider Your Estate Plan.

11/2/2011

In Mecklenburg County, it takes about 45 days to get an absolute divorce, from filing to divorce judgment. However, once the judgment is in hand, the legal needs of a client are not necessarily over. Whether you have previously created an estate plan or not, and regardless of the structure of your changing family, it is important when getting divorced to review and modify your estate plan.

If you created an estate plan during your marriage, you likely have a will, trust, power of attorney, and/or health care documents involving or benefiting your spouse. In addition, you may have your spouse named as the beneficiary for disability, life insurance, or other such accounts. Each of these items will need to be updated to reflect your divorce. You will likely want to change provisions in your will and health care documents and may want to revoke or modify any document naming your spouse as trustee or attorney-in-fact. You will also want to make sure all beneficiary designations are properly updated. An estate planning attorney can help you properly and completely update your estate plan to protect your new wishes and benefit your loved ones.

Even if you have never executed a will or other formal estate planning document, you likely have one or more account or product naming your spouse as a beneficiary. An estate planning attorney can help you identify beneficiary designations that will need to be changed and help you properly modify them. Now is also a good time to get a full estate plan in place to protect your assets and provide for children and other loved ones. Beneficiary designations are often included in a complete estate planning package, which may be offered at a discount as compared to individual estate planning documents. A complete estate plan generally includes the following:

WILL: The most common estate planning document is a will. A last will and testament most basically directs the distribution of assets at one's passing. However, a will is much more than a tool directing who gets what. It can also set up trusts for minors, name fiduciaries, appoint guardians for minor children, and protect any specific wishes you may have. A will prevents the state from dictating the handling of your affairs and distribution of your assets at your passing.

POWER OF ATTORNEY: A power of attorney is a document that allows a trusted individual to manage your personal and financial affairs during your lifetime. A durable power of attorney remains valid if you should become incapacitated and a springing power of attorney only goes into effect if you do become incapacitated. Either of those options may be used depending on your circumstances. Any trusted individual can be named attorney-in-fact, and you may want to consider a sibling, parent, adult child, or other individual who you trust to look after your best interest. You can also name alternate attorneys-in-fact in the event that your primary attorney-in-fact is unwilling or unable to act on your behalf.

HEALTH CARE POWER OF ATTORNEY: A health care power of attorney is a similar document to a standard power of attorney, except it allows the named attorney-in-fact to handle matters related to your health care as opposed to your personal matters. This document can be very important and helpful for your loved ones at a very difficult time when you are unable to make your own health care decisions. Your health care attorney-in-fact should be an individual who you trust and who you are comfortable discussing health care issues with. Your attorney in fact should know what your wishes would be if you were able to make your own health care choices.

LIVING WILL: A living will is a document that allows you to dictate your wishes related to life prolonging measures should you suffer life-threatening disease or injury. This is also a very important and helpful document for your loved ones, especially if you have strong opinions on the matter. It can save them from having to make extremely difficult decisions and/or providing or withholding extraordinary measures when you would prefer otherwise.

BENEFICIARY DESIGNATION: A beneficiary designation should be specifically tailored to your personal situation so that benefits received under various plans and accounts are properly distributed as you intend, whether to a trust or individual. When an attorney creates your estate plan, she will be thoroughly familiar with your circumstances and will help you draft a beneficiary designation specifically tailored to your situation.

TRUSTS: Trusts are instruments that allow assets to be held and managed by an individual, bank, or other fiduciary for the benefit of somebody else. Trusts are very helpful when assets are to be distributed to minors or held for the care of an individual for special needs. They can also be used to prevent or reduce estate and gift taxes. There are many types and purposes of trusts, and they can be simple or extremely complex. An attorney can help you determine if a trust should be used in your situation and can tailor a trust to ensure it serves its desired purpose.

It can be easy to put off estate planning, but the process is relatively painless and is definitely worth the effort. Once your estate plan is in place and up to date, you will have peace of mind that your wishes will be protected and your loved ones taken care of. Kelly Myers is a North Carolina estate planning attorney that can help you build, review and/or modify your estate plan in office or virtually. Contact the Law Office of Kelly Myers today for a consultation.

Simple Divorce Costs Rise in North Carolina

8/4/2011

North Carolina instituted a number of court cost increases that became effective in the months of July and August, 2011. Increases affect both civil and criminal cases, and impact even the simplest of matters. Here we discuss the impact on simple (or absolute) divorce.

Before July of this year, the filing fee for divorce was $175 (or $185 if a name change was involved), which included district court costs of $100 and a $75 absolute divorce fee. If the plaintiff wished to have papers served by the sheriff, it would cost another $15. These amounts would all be paid at the time the complaint was filed. That was it. Even as the case proceeded, the absolute divorce would generally cost $200 or less in court costs.

Over recent months, civil court costs have increased in both amount and type, and the cost of a simple divorce has become slightly more complicated.

First, base civil district court costs have increased by 50% and are now $150. The fee for filing for absolute divorce remains at $75 and the fee for resumption of a former name remains at $10, for a total of $225-$235. The cost of each item of civil process served by the sheriff has doubled to $30, so simply filing for absolute divorce can now cost $265.

In addition, new legislation under N.C.G.S 7A-305(f) provides for a motion fee of $20, which applies to motions contained in any filings. Thus, any subsequent pleading that contains a motion will cost another $20. In many instances of absolute divorce, the plaintiff's attorney can save her client the hassle of ever having to appear in court by using summary judgment divorce. Basically, if the defendant does not file an answer within 30 days (the only defense to divorce based on one year's separation is that the couple has not in fact been separated for one year), the plaintiff and/or his attorney files a motion for summary judgment and the divorce can be granted without either party ever appearing in court. This convenience will now cost the plaintiff $20. Suddenly, a simple divorce can cost $285, which is 42.5% more than it cost earlier this year.

Attorneys and their clients may be looking for ways to reduce the impact of the cost increases. First, the plaintiff or his attorney can serve the defendant by certified mail, return receipt requested, which today cost me $5.59. In addition, the plaintiff can opt to appear in court and avoid the $20 motion fee for the motion for summary judgment by testifying. These two changes alone will save your client around $45, and if the client opts out of a name change, nearly $55 in savings can be achieved. In my opinion, it generally makes sense to forego the service by sheriff, but the time and effort saved by the use of a motion for summary judgment is likely worth the $20 spent. That said, the best way to proceed should be determined by the client and his attorney based on the specific situation.

Absolute divorce can be a great option for individuals without children and who have minimal assets. It can also be beneficial for separated couples who remain amicable and/or who have separation agreements in place. In an absolute or simple divorce, the only matter before the court is the actual divorce. Matters of custody, child support, alimony, and equitable distribution are generally not involved and are handled separately.

For more information regarding North Carolina absolute divorce, contact simple divorce attorney Kelly B. Myers. Kelly Myers handles absolute divorce as well as separation agreements in Mecklenburg County, North Carolina.

Getting Pulled Over Will Now Cost You More

8/3/2011

North Carolina has initiated two court cost increases in as many months, and they may be just warming up. The memoranda distributed by the North Carolina Administrative Office of the Courts regarding the increases indicate that there will be more changes to court costs before the end of the year.

The first cost increases became effective July 1, 2011 and the second became effective Monday. The cost increases apply to both civil and criminal matters, and heavy-footed North Carolina drivers will definitely notice. Court costs for traffic matters increased $29 for the month of July are up $47 as of this month. The base court costs are now $188 for traffic infractions, and $190 for traffic misdemeanors. This is in addition to the fine assessed for the specific offense, which generally ranges from $10 to $100. What's more, there is a new Improper Equipment fee of $50, which may come as a costly disappointment for drivers and their attorneys in Mecklenburg County, where improper equipment just became accepted as a reduced plea in certain cases at the beginning of this year. One thing is for sure, speeding and getting pulled over in North Carolina is costing drivers more and more.

One thing that doesn't change is that no driver should simply pay a traffic citation. While changes are underway and court costs are increasing, many traffic ticket charges can still be reduced through negotiations with the District Attorney. Often, these efforts reduce or eliminate the impact on insurance premiums. Even with the new improper equipment fee, the extra $50 one spends in the short term will be preferable to the amount insurance premiums can increase for a three year period following a conviction for a moving violation. A skilled attorney can help North Carolina drivers reduce the cost and impact of a speeding ticket both in the short term and the long term. The lawyer will analyze charges and driving records to best negotiate with the District Attorney for a reduction or dismissal.

Meckenburg County Ticket lawyer Kelly Myers handles citations and speeding tickets in Mecklenburg County Court in Charlotte, North Carolina. Contact the Lake Norman law office of Kelly B. Myers to negotiate on your behalf. While you will now pay more for court costs, you will save money on insurance premiums and, in most cases, will never have to appear at the office or in court.

TEN DO’S AND DON’TS WHEN YOU ARE INJURED IN A CAR ACCIDENT

7/21/2011

1. DO: Allow medical professionals to treat you and, if necessary take you to the hospital. It is very important to assess and treat your car accident injuries from the beginning.

2. DON'T: Speak directly with the insurance company. It is the adjuster’s job to try to minimize any accident settlement. They will try to use conversations against you to reduce the value of your personal injury claim.

3. DO: Follow up with all medical treatments and recommendations, including medications, physical therapy, chiropractic care, and other care as directed by your treating physicians.

4. DON'T: Make statements regarding the accident, especially comments that you may have contributed to the accident. North Carolina is one of few states with a contributory negligence tort system. If they can prove you had ANY amount of fault, you may recover NOTHING.

5. DO: Keep records, including accident reports, photographs of injuries and property damage, and medical records. Provide all documentation to your personal injury attorney.

6. DON'T: Sign ANYTHING that is given to you by an insurance company without consulting with your personal injury attorney. There is no reason to provide the insurer with any waiver or authorization.

7. DO: Keep a daily journal of your injuries, including pain you experience on a regular basis or which occurs while conducting normal day-to-day activities. If your injuries make it difficult or prevent you from keeping your home, preparing meals, or caring for your family, keep note of that as well. The impact of the accident on your daily life will affect your final settlement.

8. DON'T: Miss any doctor’s appointments, treatments, prescription regimens or follow up care. If you must miss an appointment, make sure to have a good reason, and have your doctor note that reason in your file. Failing to keep appointments and follow through with treatment indicates to adjusters and juries alike that your injuries are less severe and your medical expenses are not reasonable.

9. DO: Use medical payments coverage if you have it. It will help you pay your medical bills while your claims are pending. It will not be repaid upon settlement and it will not impact your premiums.

10. DON'T: Be in a hurry to settle your case. It takes time to properly prepare a personal injury claim. Let your attorney do their job.

The Reality of Traffic Tickets and Insurance in NC

2/8/2011

Ask three different people what affect a traffic ticket will have on insurance premiums in North Carolina, and you will likely get three different answers. And that really isn’t very surprising. The DMV and Insurance points systems can be very confusing.

One common misconception is that the DMV points system and the Insurance points system are one and the same. These systems are very different and each has its own consequences. The DMV points system is based on traffic offenses, and determines the status of your driver’s license and your driving privileges. The Safe Driver Insurance Plan (SDIP) was created by the North Carolina Rate Bureau and dictates allowable insurance premium increases based on driving records and convictions. The SDIP system looks at a three year driving period, meaning that any conviction can impact your insurance rates for up to three years. Any time you pay a speeding ticket or other traffic citation without consulting an attorney or negotiating a reduced plea, you plead guilty and a conviction results.

It is very important to understand the impact of SDIP points on your insurance premiums. The SDIP is based on 12 points which can increase your premiums the following amounts:

1 Point, 25% 5 Points, 105% 9 Points, 260%
2 Points, 45% 6 Points, 130% 10 Points, 300%
3 Points, 60% 7 Points, 160% 11 Points, 300%
4 Points, 80% 8 Points, 220% 12 Points, 340%

As you can see, depending on the point value of the charges for which you are convicted, traffic citations can be very expensive for an extended period of time.

A simple speeding ticket can carry anywhere from one to four points. Accidents carry anywhere from one to three points. Based on a $100 insurance premium, one point will cost you $300 per year, while two, three, and four will cost you $540, $720, and $960 respectively. And, remember that your insurance premiums can be impacted for up to three years, so the conviction can cost you up to triple that amount. When you hire a North Carolina traffic lawyer, they will negotiate for a reduced plea or dismissal, which will reduce or eliminate the points incurred and the increase in your insurance premiums.

Cornelius (28031) Attorney Kelly Myers handles traffic and speeding tickets in Mecklenburg County, North Carolina. Contact the LKN Law Office to negotiate on your behalf. You will save money on insurance premiums and, in most cases, will never have to appear at the office or in court.

Boating Safety…Are You Prepared for Boating Season?

2/4/2011

Each spring around Lake Norman, North Carolina, everybody seems to get that itch. People start buying boats, wakeboards, wake surfboards, water-skis, life jackets, board shorts, and bikinis. However, it is important to make sure that you not only have the proper equipment, but the proper knowledge and skill as well.

As of last May, North Carolina General Statute § 75A-16.2, requires all boat drivers under the age of 26 to complete a NASBLA approved boating safety course or meet certain other requirements. For Mecklenburg County, the course offered by the Wildlife Resource Commission is held in at the Bass Pro Shops store in Concord, NC, and is offered as a one day or two day session. This is a great way to introduce boating safety to new and young boaters, and is mandatory to legally drive a boat under the age of 26.

That said, it is one thing to sit in a classroom and learn about boating safety, and it is another to master driving, docking, towing, and navigation. It can be invaluable to have an experienced individual on board to teach the dos and don’ts of boat operation. Local Lake Norman business Boat Brokers LKN does just that. As part of his boat agency business, licensed Captain and owner Justin Myers will show you how to do everything from trailering and backing, to driving and docking, to towing skiers and boarders.  Boat Brokers LKN is just one local business that has set out to make sure boating season is great for novice and lifetime boaters alike.

So, if you or any driver of your boat is under the age of 26, be sure to complete the required boating safety education, and if you are a new boat owner or driver, contact Boat Brokers LKN or another local company to help you get your sea legs.

If you have any questions about vessel laws in North Carolina, or if you have been cited for a boating law violation, contact our LKN Law Office. Lake Norman Attorney, Kelly Myers, is experienced with North Carolina boating laws and will work for the best possible result for your situation. In many cases, charges for boating violations can be negotiated by an attorney for a reduced plea.

Why Not Pay a Traffic Ticket in NC?

2/4/2011

For most people, a speeding or other traffic ticket is little more than an inconvenience and an unwelcome expense. As opposed to consulting with an North Carolina criminal attorney, it often seems easier to just send payment and move on with life. However, paying a speeding ticket has unnecessary and undesirable consequences. It is expensive and it is permanent.

The most immediate and direct consequence of paying a traffic citation is the cost. You will pay $141.00 to $143.00 for NC Criminal Court costs, plus a fine determined by the severity of the charge against you. But, that is not all. Your infraction or crime will continue to haunt you when it comes to your insurance company. Insurance companies look for any reason to increase your premiums. One way they do this is to raise your premium when you are convicted of a traffic offense. In fact, a simple conviction of 81 miles per hour in a 70 mph zone will result in four insurance points (which are different from DMV points) and your insurance company can increase your premium by 80%. Based on a $100/month original insurance premium, that conviction will cost you up to $1,920 over the next two years. All of the sudden, the inconvenience of a speeding ticket becomes a lasting and unnecessary expense. Had you hired a North Carolina speeding ticket attorney, they would have used their experience and expertise to negotiate a reduced plea with the District Attorney. The impact on your insurance premiums would be greatly reduced or even avoided. When you consider the amount you save in insurance payments, the traffic attorney’s fees become a bargain.

Beyond the extended expenses associated with paying a traffic ticket, there are more permanent consequences involved. By paying a speeding ticket, you are pleading guilty to the charge against you. Once you plead guilty, the conviction becomes a permanent mark on your record. Convictions on your record will affect negotiations and consequences in future criminal charges. If there are prior convictions on your driving record, the District Attorney’s office will be less willing to negotiate a reduced plea with your attorney should you get another traffic ticket or other charge. By hiring a North Carolina traffic ticket lawyer to take care of your citation, you can reduce the impact of every charge on your record.

Kelly Myers is a Cornelius and Lake Norman speeding and traffic ticket lawyer. Contact the Law Office of Kelly Myers to take care of your citation. In many cases, you will not have to appear in court, or even visit our office.

Author:

Kelly Myers is an Attorney practicing in Cornelius (28031) and Lake Norman, North Carolina. She handles traffic and speeding tickets, divorce, and estate planning in Mecklenburg County, NC. Contact the Law Office of Kelly Myers to speak with a Cornelius, NC lawyer regarding your legal needs.

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