BWS Supports DCCC Foundation

BWS Supports DCCC Foundation

Brinkley Walser Stoner sponsors hole at annual golf tournament Lexington, NC – Brinkley Walser Stoner is sponsoring a hole at the DCCC Foundation’s 25th Annual Golf Tournament planned for May 5, 2016. Proceeds from the tournament fund scholarships for  students and initiatives that benefit Davidson County Community College. “We are excited to again support the DCCC Foundation through their annual golf tournament,” says Karen Greene, Business Manager at Brinkley Walser Stoner. “This is the 25th anniversary of the tournament – and the Foundation has built this into a solid fundraiser for scholarships and strategic initiatives for the College. We expect to see the event continue for another 25 years!” The tournament will be held Thursday, May 5 at the Colonial Country Club in Thomasville. Those interested in learning more may contact the DCCC Foundation office at (336) 224-4596 or via email at...
Finding the Best Long-Term Care Facility for a Loved One

Finding the Best Long-Term Care Facility for a Loved One

Updated for 2017 Placing a loved in a long-term care facility is often one of the hardest decisions a family must make, so you want to find the best long-term care facilities available. As our population has aged, the number and type of these facilities has increased to accommodate the need. There are active adult communities, assisted living centers, special care units (aka “Alzheimer’s Units”), nursing care facilities, and specialized options for Alzheimer’s and dementia patients. Also available are progressive care campuses that offer residents a continuum from independent living through full nursing care. The search to find the “best” or “right” facility can be confusing and stressful. The challenges are compounded when a sudden health issue requires a quick decision. Not all long-term care facilities are created equal, and you want your loved one to have the best care possible. Here are some things to consider and some resources available here in North Carolina to help you make your decision: North Carolina adult care facilities are licensed and inspected by the state. There is a star rating system based on the annual inspection results. You may search by county, city or facility name. This is a good place to start but should not be the only factor in your decision. The search page is located at http://www.ncdhhs.gov/dhsr/acls/star/search.asp. Look at Medicaid’s nursing home comparison tool located at http://medicare.gov/nursinghomecompare/search.html. You can choose up to three facilities to compare. Tour the facility at least once, preferably more than once and at different times of the day and different days of the week. Look, listen and smell as you go through the...
Custody Issues | Planning for Summer Vacation

Custody Issues | Planning for Summer Vacation

If you are separated or divorced and have children, spring may become a stressful time as you work through custody issues and planning for summer vacation. Child custody agreements are typically spelled out in detail – often down to the specific time the children must be returned to the other parent. While this level of detail can protect the rights of each parent – especially in situations where the separation was not amicable – life sometimes gets in the way! Summer vacation may mean summer camp, visits to see grandparents, sports activities, special trips or even summer school. The standard school-year schedule no longer applies, but the custody agreement remains in force.  What happens if the kids are supposed to go out of state to visit dad for a month but one child has to attend summer school? What if the 10 days at summer science camp junior wants to attend cut into mom’s time? Here are some suggestions to help make planning for the summer a bit less stressful: Plan ahead. The more advance notice you have to adjust schedules, the easier it will be on everyone. Be reasonable. We often see situations where the parents are so at odds they will refuse a request for a schedule change even when it is reasonable and they have no conflicts that would cause issues. Step back and consider the impact to your child. A lot of stress and hurt feelings may be avoided if both parents make equal accommodations for the child’s benefit. Set priorities. Your child’s health and safety come first. Education is also important. If there is...
Automobile Accident Checklist

Automobile Accident Checklist

If you have ever been in an automobile accident, you know that disjointed feeling of, “what do I do next?” Here’s a helpful checklist for you to review: If you are injured: Call 9-1-1 and ask for the police and paramedics to respond. Seek immediate medical attention, even if it means an ambulance ride to the hospital. Automobile accidents are stressful. Stress can mask the symptoms of an injury. If you are not sure whether you are injured, or if symptoms of any injury arise after the accident, go to the emergency room or get checked out by your family doctor. Do not worry about your vehicle. Your health is more important than your property. If you are not injured and it is safe to do so: Call 9-1-1 and ask for the police (and paramedics if anyone is injured) to respond. Get the names, addresses, and telephone numbers of all drivers, passengers, and witnesses. People sometimes leave the scene of an accident, so get this information as soon as possible. Get all the drivers’ insurance company names and policy numbers, license numbers, and the make, model, year, and tag of the vehicle they were driving. Take pictures of the vehicles and surrounding area, including any traffic lights, traffic signs, skid marks, debris, etc. If your car must be towed, remove all personal items and valuables from the vehicle (don’t forget your garage door opener). Do not make statements about or respond to statements about fault. When the police arrive, give a factual account of what happened. Do not say the accident was your fault – even if it...
Good News & Bad News About Automobile Accidents

Good News & Bad News About Automobile Accidents

Federal, state, and local governments have been tracking automobile accident data for many years now. In North Carolina, the data from 1960 through 2014 show positive and negative trends. On the positive side, there has been a steady decline since the early 1970’s in the rate of people killed in automobile accidents. This is due to a number of factors, including engineering and safety improvements in the manufacture of automobiles and advances in the medical field. Beginning in the mid-1990’s, the rate of injuries has also declined steadily, likely also due to safety improvements in automobiles and an increase in seat belt usage from the mid-1990’s to the mid-2000’s. On the negative side, there are still on average more than 600 accidents every day in North Carolina, with more than 30% of those resulting in injuries and 0.5% in deaths. Those statistics increase when there are tractor-trailers, motorcycles, scooters, mopeds, bicycles, or pedestrians involved. When the weather gets nicer, the number of motorcycles, scooters, and bicycles on the road increases (e.g. most motorcycle accidents occur between May and October). Speed is a big factor in many automobile accidents, accounting for approximately one-third of all accidents, injuries, and fatalities. For teens, speeding is a factor in one-third of accidents, but still accounted for 65% of fatalities. While you may not be able to avoid being involved in an automobile accident, here are some steps you can take to minimize your risks: Wear your seatbelt and ensure your children and other passengers are properly restrained. Avoid distractions while driving (cell phones, eating/drinking, adjusting the radio or GPS, talking with passengers, etc.)....
Firm Receives “Above and Beyond” Award

Firm Receives “Above and Beyond” Award

Firm recognized for outstanding support of the National Guard and Reserve Lexington, NC – Brinkley Walser Stoner, PLLC, will be recognized for its support of the National Guard and Reserve with the Above and Beyond Award. The award will be presented at the Annual Employer Recognition Banquet on March 19 in Greensboro. “Brinkley Walser Stoner is a staunch supporter of our National Guard and Reserve,” says Bradley Hunt, a partner with the firm. “It’s important for those who serve in the Guard and Reserve to know they have the backing of their employers, and for employers to understand and recognize the commitment of these workers. We’re proud to be honored by North Carolina Employer Support of the Guard and Reserve with this award.” Brinkley Walser Stoner attorney Roy L. McDonald II, currently serves as a Major, Army Reserve, Judge Advocate with the 134th Legal Operations Detachment out of Fort Bragg, North Carolina. The NC Annual Employer Recognition Banquet will take place Saturday, March 19, 2016 at the Grandover, One Thousand Club Road in Greensboro. The reception begins at 5:30 p.m. with dinner at 6:30 p.m. The Above and Beyond Award is presented annually by the North Carolina Committee for Employer Support of the Guard and Reserve (ESGR) to recognize local employers who have exceeded the legal requirements of the Uniformed Services Employment and Reemployment Rights Act (USERRA). For more information please visit http://www.esgr.mil/Employer-Awards/Above-and-Beyond-Award.aspx. 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...
Zebulon Walser in the News

Zebulon Walser in the News

We were tickled to hear one of the firm’s founders mentioned on a 2016 campaign report about the Attorney General’s race. WXII’s Bill O’Neill pointed out that the last Republican Attorney General of North Carolina was Zeb Walser back in 1897! Click to see the news...
Legal Challenges When Hiring Family Members

Legal Challenges When Hiring Family Members

By Bradley S. Hunt, Attorney Family business ventures can be tricky. When the business partners all get along and agree on how to run the business, things can go very smoothly. But when there is dissent, the situation can become very personal. What happens when the disagreement leads to more than a refusal to speak to each other over Thanksgiving dinner at Grandma’s? There are some practical challenges within any family business: Will the business close for a week while the family vacations together? Who will be the CEO, and will the other person’s feelings be hurt? Will everyone contribute the same number of hours of effort? Will the kids want to be part of the business? If they do, will they be qualified to run the company? The list goes on. Above and beyond the practical considerations, there are some common legal issues you should consider: The operative word is business. It’s important that your family business (like any other) be set up as a legal entity, complete with a separate financial structure. Whether you choose to set up a partnership, LLC or incorporate, everything should be in the form of a legal agreement to protect each of the owners individually. I recommend you have a “buy sell agreement” in place. This could be part of the operating agreement and would apply in the event that the owners of the business are in a deadlock and cannot agree on how the business should continue to operate. Buy sell agreements also usually include a method on how to value the business and can guide the parties on the process...
Attorney Drew Nelson Volunteers at 4ALL Statewide Day of Service

Attorney Drew Nelson Volunteers at 4ALL Statewide Day of Service

Annual NC Bar Association event offers free legal advice by phone to all NC residents Lexington, NC – Brinkley Walser Stoner attorney E. Drew Nelson will be manning the phones at the United Way’s call center in Greensboro for the NC Bar Association’s 4ALL Statewide Day of Service. Volunteer attorneys from across the state will take phone calls and answer legal questions from North Carolina residents on March 4, 2016 from 7:00 a.m. to 7:00 p.m. “I’m very excited to participate in this year’s 4ALL event,” says Nelson. “There are so many people who have legal questions and are hesitant about going to see an attorney, or it may be inconvenient to visit an attorney during normal business hours. This free event allows people to call in at their convenience during the day and get their basic legal questions answered. If their problem is more complex, they can find out quickly if it’s worth their time to find and hire an attorney to help them resolve their issue.” Members of the public who wish to speak with an attorney on March 4 may visit the NC Bar website at https://www.ncbar.org/giving/volunteer-now/4all-statewide-service-day/ on March 3 to find the call-in number for their region. Calls are accepted from 7:00 a.m. to 7:00 p.m. No appointment is necessary. The 4ALL Service Day is a program of the North Carolina Bar Association Foundation in conjunction with the North Carolina Bar Association. 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...
IRA Charitable Rollover is Now Permanent

IRA Charitable Rollover is Now Permanent

The Pension Protection Act of 2006 permitted individuals to draw money directly from their IRA accounts and donate it to qualifying charities without having to declare it as income. This rollover was capped at $100,000 and counted towards the minimum IRA distribution required of those aged 70 ½ and older. The Act was renewed annually for the next several years, leaving taxpayers to wonder each year if the rules would change. On December 18, 2015, President Obama made the IRA Charitable Rollover permanent when he signed the PATH Act into law. This is a relatively seamless option for seniors who wish to donate to charity. Without the Charitable Rollover, an individual would have to take the minimum IRA distribution for the year and count the total amount as taxable income. Depending on his or her total other sources of income from Social Security, pensions, etc., the minimum distribution could push the taxpayer into a higher tax bracket. He or she could then donate to the charity and take a tax deduction to protect a portion of income from taxes. Under the PATH Act, the individual specifies the amount, up to $100,000, to be donated and it is distributed by the Trustee of the IRA directly to the eligible charity or charities. This is counted toward the annual minimum IRA distribution. The individual then takes the remaining balance of the minimum distribution (if any) and claims that amount as income. Since the monies were pre-tax and were sent directly to the charity, the individual cannot claim the donation as a deduction. It is important to confirm that the charities you...