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Stephen R. Little, P.A.



General Points

General miscellaneous legal points that may be helpful to you before you talk with one of the attorneys at Stephen R. Little, P.A.:

  • Don't ever pay a traffic ticket in North Carolina without first talking with an attorney who knows and understands the very technical and complicated system of points that cause your auto liability insurance premiums to sky-rocket. Your attorney could literally save you hundreds of dollars in premiums... far more than your legal fees and court costs would be.

  • Don't sign a contract to purchase land or a house with the mistaken belief that you can back out of it and merely forfeit your deposit. You could be sued for specific performance if the seller objects.  Sellers can also be sued for specific performance if they back out.

  • Beware of an extremely expensive booby trap that could cost many thousands of dollars if the correct (and not widely known) procedure is not followed when an elderly relative wants to sign a deed for land or the homeplace to adult children and still be eligible for Medicaid to pay for nursing home care.  Seek legal advice before having a deed prepared.

  • If you own your own business, your personal assets (home, auto, etc.) could be at risk if you have not insulated yourself from liability with a proper business structure such as a business corporation (C type or S type) or a limited liability company.

  • Knowing and trusting the seller in a real estate transaction is not a good reason not to have a title examination. Sometimes title defects are discovered that the seller had no idea about. It's much easier to correct these problems before the sale takes place.

  • Don't ever name minor children as beneficiaries on a life insurance policy. If your death occurs while they are still minors, the proceeds must be paid into the Court and must be invested in very low-yield FDIC-insured bank certificates of deposit. Your Will should include a trust for minor children (or grandchildren) and there is a special way to designate this minor's trust as the beneficiary on your insurance policy.

  • A verbal agreement to buy or sell land (the handshake deal) is not valid in North Carolina.

  • Any property you inherit or that is given just to you as a gift remains your separately-owned property in the event you later divorce... provided you do not add your spouse's name to it. (There are some exceptions to this).

  • IRAs are great for allowing you to build up a good retirement fund, so plan to use it up during your retirement. How your spouse handles the balance in your IRA at your death can make a big difference in the amount of money available. An IRA is sometimes a terrible way to transfer money to your children, but it can be an excellent way to make a gift to your church, college or favorite charity.


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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
 
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