Big Toy Day 2016 This Weekend!

Big Toy Day 2016 This Weekend!

Lexington, NC – The annual Big Toy Day event benefiting Communities in Schools of Lexington/Davidson County will take place Saturday, August 27 at the Davidson County Airport from 10 a.m. to 2 p.m. Area families are invited to come see the big “toys” on display, including fire trucks, planes, boats and more! “Since the inception of this event seven years ago the support we have received from the community has been tremendous and it seems like the event gets bigger and better each year,” says Bradley Hunt, an attorney with Brinkley Walser Stoner and Past Chair of CIS of Lexington/Davidson County. “CIS would not be able to provide the current high level of support to our students without the community’s support and we sincerely appreciate everyone who contributes to make Big Toy a wonderful event year after year.” Communities in Schools of Lexington/Davidson County offers mentors for at-risk students referred by their schools. They also support these students by providing for additional needs like backpacks and school supplies, weekend food programs, doctor visits, and more. About Brinkley Walser Stoner, PLLC Brinkley Walser Stoner prides itself on providing new and cutting edge legal counsel built on a foundation of knowledge and integrity. Brinkley Walser Stoner’s attorneys are first and foremost counselors, advising clients on their legal rights and options for appropriate solutions. Practice areas include business law, real estate, litigation, elder law, estate planning, injury and disability, criminal defense, traffic and DWI, banking, family law, municipal, governmental, and education law, among others. Brinkley Walser Stoner is an AV rated firm by Martindale-Hubble®. The firm has offices at 10 LSB Plaza in...
Sportsmen’s Saturday Coming Soon!

Sportsmen’s Saturday Coming Soon!

Wake Forest Baptist Health Lexington Medical Center Foundation presents Sportsmen’s Saturday, an annual fundraiser to benefit the Medical Center. Richard Childress is the Honorary Chairman for the 2016 event, scheduled for October 29 at the Lexington Historic Southern Railway Freight Depot at 129 S. Railroad Street in Lexington. Just 2,000 tickets are available (ticket price is $100) for this event and those who order before September 12 are eligible for an early bird cash prize drawing. The event features food, beverages, entertainment and a live auction. There are over $100,000 in prizes, including a 2016 Chevy Silverado 4×4, a 2016 Harley Davidson Low Rider, a Field and Stream 12′ Fishing Kayak Package, and much more. Learn more or purchase tickets. Brinkley Walser Stoner is a proud supporter of Sportsmen’s Saturday! See the Sportsman’s Saturday informational flyer 2016. Shown above: the 2015 grand prize winners on their new 2016 pontoon...
Drew Nelson Admitted to Practice Before U.S. Supreme Court

Drew Nelson Admitted to Practice Before U.S. Supreme Court

Lexington, NC – Brinkley Walser Stoner Attorney E. Drew Nelson has been admitted to practice before the Supreme Court of the United States of America. Nelson joined the firm in 2013. “Drew was admitted to practice in front of the nation’s highest court by a motion of Charlie McGirt (of the firm) and Jerry Grimes of Barnes, Bunce, Grimes and Fraley.” says David Inabinett, Managing Member of Brinkley Walser.  “Drew has been an asset to the firm. We are proud of his accomplishment and know he will continue to represent his clients to the best of his abilities.” Nelson received his JD from the Elon University School of Law in 2012. He focuses his practice on Estate Planning, Corporate Law, Probate and Estate Administration, Elder Law, Guardianships, Real Estate, Landlord/Tenant Law and Traffic/ Criminal Law in Davidson, Guilford and surrounding counties. About Brinkley Walser Stoner, PLLC Brinkley Walser Stoner prides itself on providing new and cutting edge legal counsel built on a foundation of knowledge and integrity. Brinkley Walser Stoner’s attorneys are first and foremost counselors, advising clients on their legal rights and options for appropriate solutions. Practice areas include business law, real estate, litigation, elder law, estate planning, injury and disability, criminal defense, traffic and DWI, banking, family law, municipal, governmental, and education law, among others. Brinkley Walser Stoner is an AV rated firm by Martindale-Hubble®. The firm has offices at 10 LSB Plaza in Lexington and in the First Citizen’s Building, 620 Green Valley Road, Suite 306, in Greensboro. Visit Brinkley Walser Stoner on the web at www.brinkleywalserstoner.com and on Facebook at www.facebook.com/brinkleywalser.   – ###...
David Inabinett Named Chairman of NC Council of School Attorneys

David Inabinett Named Chairman of NC Council of School Attorneys

Lexington, NC – Brinkley Walser Stoner attorney David Inabinett was elected as chairman of the North Carolina Council of School Attorneys. The organization supports school board attorneys in their efforts to advise and represent their local boards of education. “The North Carolina Council of School Attorneys offers attorneys a wealth of information on school law,” says Inabinett. “The laws impacting our public schools are constantly changing and evolving, so having a resource like the NCCOSA is invaluable.”  Inabinett is the managing member of Brinkley Walser Stoner. He focuses his practice on Education/School Law, Elder Law, Estate Planning, Business Law and Real Estate Law in Davidson, Guilford and surrounding counties.  Inabinett replaces outgoing chair Brian Gatchell of New Bern. He will serve a one-year term as chairman. About Brinkley Walser Stoner, PLLC Brinkley Walser Stoner prides itself on providing new and cutting edge legal counsel built on a foundation of knowledge and integrity. Brinkley Walser Stoner’s attorneys are first and foremost counselors, advising clients on their legal rights and options for appropriate solutions. Practice areas include business law, real estate, litigation, elder law, estate planning, injury and disability, criminal defense, traffic and DWI, banking, family law, municipal, governmental, and education law, among others. Brinkley Walser Stoner is an AV rated firm by Martindale-Hubble®. The firm has offices at 10 LSB Plaza in Lexington and in the First Citizen’s Building, 620 Green Valley Road, Suite 306, in Greensboro. Visit Brinkley Walser Stoner on the web at www.brinkleywalserstoner.com and on Facebook at www.facebook.com/brinkleywalser.   – ###...
Road Map to North Carolina Civil Litigation

Road Map to North Carolina Civil Litigation

By E. Drew Nelson, Attorney Many people come to an attorney when they feel they have been wronged and want to know what legal options may be available to them. What many people do not know are the steps necessary to litigate a claim. Once you and an attorney have met to decide that you have a valid claim then several steps happen down the road that ultimately may or may not lead to a trial before a judge or jury on your case. Often times an attorney will send a letter to a person in an attempt to settle the matter prior to litigation. If that does not work to encourage a settlement, then you may decide it is in your best interest to file suit to protect your rights. Steps to Litigate a Claim First you need to decide what court you want to sue in. This is fairly simple as most cases depend on the dollar amount of damages in question. In the North Carolina court system, Small Claims or Magistrate Court can handle matters up to $10,000. District Court handles matters up to $25,000 and Superior Court handles all disputes over $25,000. The legal action does not really start until you file a complaint. A complaint is essentially a recital of facts that support your claim. In the complaint an attorney will lay out the relevant facts and specify the legal remedies that you seek. The filing fee for a complaint is currently $150 in District Court and $200 in Superior Court. Next the complaint must be served upon the Defendant. The Clerk will generate...
Open Hands to Offer Free Seminar on Basic Legal Issues

Open Hands to Offer Free Seminar on Basic Legal Issues

Attorney E. Drew Nelson to present overview and answer questions Lexington, NC – Brinkley Walser Stoner attorney E. Drew Nelson will discuss common legal issues and navigating the court system on July 27, 2016 at the St. Stephens United Methodist Church in Lexington. This free event is presented by Open Hands of Davidson County. “The court system can be frightening for people who have had no experience with it,” says Nelson. “Many people worry, ‘What happens if I am arrested?’ ‘What happens if I am served with legal papers?’ Many people aren’t even sure where to start. In this session, I’ll present some basics on navigating the court system in regards to both criminal and civil matters and answer questions from the audience.” Nelson is an Attorney with Brinkley Walser Stoner. He focuses his practice on Estate Planning, Corporate Law, Probate and Estate Administration, Elder Law, Guardianships, Real Estate, Landlord/Tenant Law and Traffic/ Criminal Law in Davidson, Guilford and surrounding counties. Seminar details: Date/time: July 27, 2016, 3:00 – 4:00 p.m. Location: St. Stephen’s United Methodist Church, 102 East 1st Street, Lexington, NC (corner of E. 1st and North Salisbury Street) Cost: Free, registration is required Please register in advance by calling Caitlin McAlhany or Bob Harmon at Open Hands of Davidson County at (336) 242-6142. About Brinkley Walser Stoner, PLLC Brinkley Walser Stoner prides itself on providing new and cutting edge legal counsel built on a foundation of knowledge and integrity. Brinkley Walser Stoner’s attorneys are first and foremost counselors, advising clients on their legal rights and options for appropriate solutions. Practice areas include business law, real estate,...
Restricted Firearms Legislation Update, July 2016

Restricted Firearms Legislation Update, July 2016

By E. Drew Nelson, Attorney On July 13, 2016 ATF regulation 41P will go into effect. This regulation significantly changes the landscape of acquiring and possessing Title II or restricted firearms. You may have heard about this regulation on the news or during a recent visit to your local gun shop. Over the past several years there has been ongoing debate about amending the requirements to purchase and possess Title II firearms. ATF regulation 41P makes some very important changes in regards to both individual ownership of restricted firearms and ownership via a gun trust or other legal entity. The most significant changes are as follows: The Chief Law Enforcement Officer (CLEO) will no longer have to sign off on any application to purchase a restricted firearm. Under the old regulations any individual submitting a Form-4 for purchase would have to have the CLEO sign off on the application. Many people set up gun trusts to avoid having the CLEO sign off on an application. This will make it easier for individuals to purchase restricted firearms. However, it does not help protect an individual from any liability incurred with improper possession or transfer of the firearm. Form 5320.23 will be required for all “Responsible Persons”. This is a major change that affects trusts looking to purchase restricted firearms. This is a new form required to be sent in with your Form 4. A copy is also required to go to your CLEO. This form will require a recent passport style photo taken within one year. A “Responsible Person” is any member of the trust “who [has] the power and...
Summer Safety Tips

Summer Safety Tips

Summer is here and many people will be heading out on vacation or just spending more time outdoors enjoying the great weather. Unfortunately, the statistics show that certain types of accidents and injuries increase during the summer months. So what can you do to keep yourself and your family safe? The best thing you can do is be aware of the risks. Get out there and have fun—but give some thought to possible issues and prepare ahead of time. Here are a few thoughts: Safety At Home The kids are out of school, it’s light outside later at night, and the water is inviting. One of the most important safety tips we can provide is the reminder that heat can be dangerous, especially for the very young, elderly and those with compromised immune systems. Know the warning signs of heat exhaustion and heat stroke and how to treat it and always remember to consume plenty of non-alcoholic drinks to stay properly hydrated. Check out the American Red Cross website at www.redcross.org to learn more. Water safety is also important. Whether you are swimming in a pool, river or lake, swim with a buddy. Use life jackets for kids and adults who don’t know how to swim. Also consider signing up for swim lessons at your local community pool or YMCA. If you are going boating or out on a personal watercraft, know the rules and follow them. Remember that in North Carolina, it is against the law to operate a boat while drunk. Auto accidents are another risk during the summer months. There are more motorcyclists, bicyclists and pedestrians...
Medicaid Countable Resources

Medicaid Countable Resources

By David Inabinett, Attorney at Law Most families, whether parents assisting children or adult children assisting aging parents, are doing so for “all the right reasons.”  As a result, most are not considering and, therefore tracking, day to day whether it’s Mom’s money being used to pay for each and every item Mom may need if adult child is at the grocery picking up food or medications for the parent, or if receipts are brought back when Mom insists on repaying adult child for using their money to purchase the necessary items.  Going a step further, once aging parent becomes incapable of managing day to day finances and bill paying, family members who are invariably busy and stretched to the limits already are concerned more with efficiency and ease of handling not only their own family’s financial decisions but how to best manage the overlay of Mom or Dad’s income/resources without duplication.  These “best practices” in the world of efficiency may include putting adult child’s name on aging parent(s) accounts, setting up automatic drafts and deposits, online banking for adult child to manage parent(s) resources from their desk, to even transferring monies from parent over to adult child in order to simply manage them from one single account that adult child is already utilizing for their own bills. Fast forward to the day when aging parent requires institutionalization and their resources are not sufficient to privately pay, so adult child, acting as attorney-in-fact, submits a Medicaid application and is asked by a Department of Social Services caseworker for five (5) years worth of aging parent(s)’ bank statements and proof...
The ABCs of Medicaid Planning

The ABCs of Medicaid Planning

Medicaid planning is a topic that can generate considerable confusion. While Medicaid is a federal program, each state has its own set of rules for eligibility. Under the current Medicaid rules in North Carolina, an individual is not eligible for Medicaid until his or her total assets have been “spent down” to $2,000 or less. What are the exceptions under this calculation? The most notable exclusion to the $2,000 limit is equity in the primary residence. An amount equal to $552,000* in equity may be excluded from the asset calculation. If the spouse or another dependent relative continues to reside in the home, it can be excluded from the asset calculation regardless of equity. One car may also be excluded, provided that vehicle is used to transport the individual to/from medical appointments. Household furnishings and personal property are generally not counted, and term life insurance is excluded (a portion of whole life policies may be excluded, but the remainder is countable). Retirement investments, including annuities and IRAs, are generally countable with some exceptions, depending on the date they were started, how they are titled, the individual’s life expectancy, who funded the account, and other factors. Reducing overall assets to such a low amount can put a serious burden on a spouse or family member. While the value of equity in the home may sound like a lot of money, unless the house is sold or a loan taken against it, the money is not available to pay monthly living expenses, medical bills, etc. Planning ahead to protect a portion of assets may give you peace of mind knowing that...