Inabinett Recognized for Work in Elder Law, Trust & Estates

Inabinett Recognized for Work in Elder Law, Trust & Estates

Brinkley Walser Stoner attorney selected for The Best Lawyers in America® 24th Edition Lexington, NC – David E. Inabinett, Managing Member of Brinkley Walser Stoner, has been selected once again by his peers for inclusion in The Best Lawyers in America 2018 in the fields of Elder Law, and Trusts and Estates. “Estate planning and elder law are incredibly rewarding fields of practice,” says Inabinett. “I enjoy working with individuals and families as they take steps to protect themselves and their loved ones as they age. Many people assume you do not need an estate plan unless you have assets. This is not true – all adults should have advance directives and other legal paperwork in place, regardless of age or wealth. It is especially important to update the plans regularly to account for any changes in your life, especially the birth of a child or taking on the responsibility of caring for a parent.” Inabinett is a member of the National Academy of Elder Law Attorneys (NAELA™) and has received an AV™ Preeminent Peer Rating from Martindale-Hubbell®. He focuses his practice on Estate Planning, Elder Law, Education/School Law, Business Law, and Real Estate Law in Davidson, Guilford and surrounding counties. Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer review evaluation. Over 83,000 leading attorneys globally are eligible to vote, and we have received more than 10 million votes to date on the legal abilities of other lawyers based on their specific practice areas around the world. For...
Best Practices for Employee Reviews

Best Practices for Employee Reviews

By Bradley Hunt, Attorney at Law If you are like many supervisors, preparing and delivering annual employee reviews is not on your list of favorite things to do! That said, regular performance reviews are important, and how they are handled matters. Reviews are important to employees Employees want and need feedback, and regular communication with individuals and teams can help improve the work environment. Knowing what they are doing well and where they need to improve can make employees feel the employer cares about their success with the company. While an annual review is standard for many companies, you should give feedback regularly. It can be hard to remember what happened eight months ago, so an informal monthly or quarterly review may be helpful to both the employer and employee. If an employee’s action requires correction or discipline, handle that immediately and be sure to document any corrective measures that need to be taken. Individuals should know up front what their job duties are and understand the employer’s performance expectations. Written job descriptions can provide guidance to employees and protect employers if there are questions about duties or salaries. A well-written employee handbook can define high-level expectations related to conduct (tardiness, vacation, procedures to report a workplace injury, etc.) and spell out discipline procedures, including actions that would result in immediate termination. This handbook can protect both parties and help ensure all employees are treated the same. Reviews can protect employers Employment in North Carolina is “at will,” meaning an employee can be terminated without cause. While there are some exceptions to “at will” employment, we usually recommend employers...
McDonald Selected to Serve as Deputy Command Judge Advocate

McDonald Selected to Serve as Deputy Command Judge Advocate

Lexington, NC – Brinkley Walser Stoner attorney Roy L. McDonald II, a Major in the U.S. Army Reserve and Judge Advocate General Corps, has been selected to serve as the Deputy Command Judge Advocate for the 166th Regional Support Group “Taino Warriors,” located at Fort Buchanan, Puerto Rico. The Deputy Command Judge Advocate is the second most senior legal advisor in the command. “We are very proud of Roy’s continuing service to our country and our community,” says Brinkley Walser Stoner managing partner, David Inabinett. Brinkley Walser Stoner has been twice recognized by the Employer Support of the Guard and Reserve, a Department of Defense program, for its support to the national defense, receiving both the Patriot Award and the Above and Beyond Award. Brinkley Walser Stoner is located in Lexington and serves Davidson and Guilford County. Mr. McDonald’s law practice is focused on business law and civil...
BWS Update | July 2017

BWS Update | July 2017

Should I Hand Write My Will? Clients often ask, “Is it ‘legal’ to write up my own will” or “can I just write in changes to my will?” While a handwritten Will is recognized as “legal” in North Carolina, a June 2017 case decided by the NC Court of Appeals illustrates why that may not be such a good idea. In The Matter of the Will of James Paul Allen, Mr. Allen had a valid typewritten signed and properly attested will leaving in Article IV a life estate or “lifetime rights” in certain lands to an individual with full ownership in those lands passing to two other people upon the later death of the person given the lifetime right. However, Mr. Allen apparently wrote in the margins of that Will his own handwritten notes saying, “Beginning 7-7-03 do not honor Article IV Void Article IV James Paul Allen.” A dispute arose as to whether there was any legal effect of those handwritten notes since those effectively omitted the life estate and gave all of the land fully to the individual who had previously only been given a lifetime right. Learn more about the rules for handwritten wills or changes. Considering a Senior Living Community? As our lives change over time, our desires for a certain type of living situation may also change. When you are young, an apartment close to the “action” can seem like the ideal situation. Once you marry and have children, a big single-family home may work best. Once the kids have moved out and you are retired or approaching retirement, that big house may require...
Ready to Move to a Senior Living Community?

Ready to Move to a Senior Living Community?

As our lives change over time, our desires for a certain type of living situation may also change. When you are young, an apartment close to the “action” can seem like the ideal situation. Once you marry and have children, a big single-family home may work best. Once the kids have moved out and you are retired or approaching retirement, that big house may require much more of your time than you are willing to give! Types of Senior Living Communities There are several types of senior living communities, depending on your needs. The most common include: Independent living, often referred to as “55+” or “active adult” communities, may range from traditional homes to villas or apartments. Assisted living communities are aimed at people who need help with the activities of daily living, like bathing, dressing, and taking medications. Long-term care facilities (nursing homes) provide care for individuals who cannot live alone or care for themselves any longer. Memory care units may be standalone facilities or part of other communities. These units take care of individuals with dementia, Alzheimer’s or similar memory issues. There are also hybrid facilities that might include independent living and assisted living, but not nursing care, or continuing care communities, which offer the option of starting in independent living and receiving care in the community through your lifetime. As you investigate communities, it is important to understand what each offers and read the fine print in their agreements. Are You Ready to Move to a Senior Living Community? There is no right answer that applies to everyone. For some, moving to a community where they...
What Are My Responsibilities Under a Power of Attorney?

What Are My Responsibilities Under a Power of Attorney?

If you have been named as an agent for a loved one under a power of attorney, you have some new legal responsibilities. A power of attorney is a legal document naming another party as an agent – someone who has the legal right to make decisions about money and property on behalf of the person who executed the power of attorney. This agent is also called a fiduciary. There are several types of powers of attorney, ranging from those covering a single transaction, i.e., a wife might sign residential closing documents on behalf of a husband who is unable to attend closing, to an elderly parent worried about becoming unable to care for him or herself. Each power of attorney should specify when the document goes into effect and what responsibilities are covered under the document. If your father (for example) has named you as his agent, and he has reached the point where he is not able to make decisions by himself any longer, it becomes your job to act on his behalf. You have four primary responsibilities under the power of attorney: You must act in your father’s best interests. The power of attorney may outline exactly what role he wants you to play. Make sure you read it carefully. If your father is still able to help, it is a good idea to involve him in decision-making. You must maintain your father’s money and property separately from yours. You do not want there to be any question about your intentions or actions. Money belonging to him should go into accounts in his name, and expenses...
Should I Write Out My Own Will?

Should I Write Out My Own Will?

By David Inabinett, Attorney Clients often ask, “Is it ‘legal’ to write up my own will” or “can I just write in changes to my will?” While a handwritten Will is recognized as “legal” in North Carolina, a June 2017 case decided by the NC Court of Appeals illustrates why that may not be such a good idea. The Matter of the Will of James Paul Allen In The Matter of the Will of James Paul Allen, Mr. Allen had a valid typewritten signed and properly attested will leaving in Article IV a life estate or “lifetime rights” in certain lands to an individual with full ownership in those lands passing to two other people upon the later death of the person given the lifetime right. However, Mr. Allen apparently wrote in the margins of that Will his own handwritten notes saying, “Beginning 7-7-03 do not honor Article IV Void Article IV James Paul Allen.” A dispute arose as to whether there was any legal effect of those handwritten notes since those effectively omitted the life estate and gave all of the land fully to the individual who had previously only been given a lifetime right. The Rules for Handwritten Wills A hand written or “holographic” will must be: Written entirely in the handwriting of the deceased but when all the words appearing on the paper in the handwriting of the deceased are sufficient to constitute a valid holographic will, the fact that other words or printed matter appear thereon not in the handwriting of the deceased, and not affecting the meaning of the words in such handwriting, shall...
BWS Update | June 2017

BWS Update | June 2017

Technology & The Real Estate Closing By Gary J. Bowers, Attorney at Law There is no doubt that technology and modern conveniences touch almost every aspect of our lives. The modern day consumer can purchase almost anything online, and with regard to a real estate loan closing our television promotes how easy it is to apply for a loan online or to close on your loan “faster than a speeding bullet.” At what point must the consumer ask the question, “What quality is being compromised for the sake of instantaneous gratification and a fast real estate closing?” Read more… McNeill to Speak at Piedmont Crossing Join attorney Ryan McNeill at Unity Place at Piedmont Crossing in Thomasville on Tuesday, June 6 from 2:00 – 3:00 p.m. for Estate Planning Documents Everyone Needs. Many situations can require documents and these situations tend to be unexpected when they involve your care. Learn what documents you need: Will Health care power of attorney Living will Power of attorney Trust The event is free but requires registration. Register by contacting Blair White at 336.474.3605 or bwhite@uchas.org. Happy Father’s Day! Father’s Day is June 18. We wish all the fathers and fathers-to-be out there a wonderful...
Technology and the Real Estate Closing

Technology and the Real Estate Closing

By Gary J. Bowers, Attorney There is no doubt that technology and modern conveniences touch almost every aspect of our lives. The modern day consumer can purchase almost anything online, and with regard to a real estate loan closing our television promotes how easy it is to apply for a loan online or to close on your loan “faster than a speeding bullet.” At what point must the consumer ask the question, “What quality is being compromised for the sake of instantaneous gratification?” We suggest that real estate closings, loan closings and particularly title examinations involved in assuring those acquiring real estate are not to be compromised for the sake of speed and desire to be finished. Speed is not always synonymous with quality and correctness. In my years practicing law in North Carolina, and my years prior to practice assisting attorneys with real estate closings and completing title searches, I have encountered both simple title examinations and extremely complex title examinations. The complexity of the title exam does not discriminate due to the amount of the purchase price, whether it is a cash closing or financed through a loan. Despite the fact that many counties have conveniently provided public records for searching on the internet, every title is different and the time is different. This can be taken for granted by the seller, the realtor, the lender, the buyer, attorneys that do not engage in many real estate transactions, and by your friend who had a transaction that went smoothly in the past. For a title searcher with the goal of performing their task correctly, his or her goal...
BWS Update | May 2017

BWS Update | May 2017

Filing a Claim Against Your Long-Term Care Insurance Policy By Ryan McNeill, Attorney at Law Many financial planning experts recommend purchasing long-term care insurance. Long-term care policies may cover part of the cost of at home health care, assisted living, nursing home care, or some combination of the above, depending on the plan. At the point in time you need to use the coverage – either for a single incident or a permanent change in your health – you must file a claim to receive your benefits. According to the American Association for Long-Term Care Insurance (AALTCI), in 2015 insurance carriers paid $8.16 billion in long-term care claims to more than a quarter of a million plan holders. In many cases, these claims are filed by family members on behalf of the person needing care. It is good practice to have completed a durable power of attorney and have that on file so the insurance company can legally speak with your representatives. Read more… Estate Planning Seminar Join attorney Ryan McNeill on June 6 at 2 p.m. at Piedmont Crossing United Church Homes and Services for Estate Planning Documents EVERYONE Needs. This free seminar will discuss situations that arise unexpectedly when it is important to have your long-term care documents in place. Ryan will discuss powers of attorney, healthcare powers of attorney, living wills, wills and trusts. Register by contacting Blair White at (336) 474-3605 or bwhite@uchas.org. May is Older Americans Month Aging looks much different in 2017 than it did many years ago, with seniors staying active, remaining independent, working, and staying engaged well into their “golden” years....