Maitland & Stiffler Law Firm, PLLC

Update Your Estate Plan Today: Secure Your Future and Protect Your Loved Ones

duda@levitateapp.com — Tue, 06 Aug 2024 13:00:00 GMT

As we approach the midpoint of 2024, it's a perfect time to reassess and update your estate plan. Life is constantly evolving, and it's essential to ensure your estate plan reflects those changes. Whether it's the birth of a child, a marriage, a divorce, or a change in financial circumstances, your estate plan should adapt to your current situation.

Key Life Events to Consider

Significant life events can have a substantial impact on your estate plan. Consider the following changes:

Birth of a Child: Ensure your new family member is included in your will and consider guardianship arrangements.
Marriage or Divorce: Update beneficiary designations and other legal documents to reflect your current relationship status.
Change in Financial Circumstances: Adjust your plan to account for new assets or changes in your financial situation.

Updating your estate plan will only take a few minutes of your time, but it can provide immense peace of mind by securing your future and protecting your loved ones.

Take Action Now

Many people hesitate when it comes to updating their estate plans. Don’t wait until it’s too late. Take action now by clicking here to answer a few questions and start the process.

Investing a few moments today can make a significant difference in ensuring that your estate plan reflects your current wishes and provides for those you care about most. Reach out to Maitland & Stiffler Law Firm, PLLC, and let's schedule a brief call to discuss any updates or revisions needed for your estate plan.

Secure your future by updating your estate plan with us today.

What do I have to disclose in a residential home sale?

duda@levitateapp.com — Mon, 13 May 2024 16:08:00 GMT

Selling your North Carolina home can be exciting, but it can also be complex. Understanding the mandatory disclosures required by law is crucial to avoid costly mistakes that could derail your transaction.

Required Disclosures for North Carolina Home Sellers

When selling your home, you must provide a prospective buyer with a disclosure form that complies with North Carolina law before or at the time an offer is made. This form requires you to answer “yes” or “no” to questions about:

Electrical systems
HVAC systems
Plumbing
Structural integrity
Sewage lines
Fixtures
Zoning
Environmental concerns

Beyond the form, you must disclose hazards like radon, asbestos, and any history that could pose a risk, such as previous methamphetamine production in the home. Additionally, disclose upcoming nearby construction projects, pending litigation against the community, excessive noise, pollutants, and any known defects on the property.

Exemptions from Disclosure

Certain facts do not need to be disclosed, including:

Deaths in the home
Easily noticeable missing items
Flood and fire damage, if repaired to local code
Nearby sex offenders
Square footage of the home
Your financial status related to the mortgage
Concerns about the home being haunted

Seeking Professional Guidance

Navigating the balance between required and non-required disclosures can be tricky. Failure to comply with disclosure laws can lead to legal liability. If you have questions or uncertainties about what to disclose, it’s essential to seek professional advice.

Remember, this post is not exhaustive regarding mandatory disclosures. If you’re unsure about specific facts, consult a professional to ensure compliance and protect your home sale and future. Be diligent and thorough to avoid jeopardizing your transaction.

No-fault divorce in North Carolina

duda@levitateapp.com — Thu, 14 Mar 2024 18:14:00 GMT

Gone are the days when getting a divorce meant proving your spouse did something wrong. This old system often trapped individuals in unhappy marriages. Today, all states, including North Carolina, offer no-fault divorces, making the process simpler and more accessible.

What Makes North Carolina Unique?

North Carolina stands out as a "true" no-fault state. Here, you don’t need to list reasons like “irreconcilable differences,” nor do you need your spouse’s agreement to proceed. The process is straightforward: either spouse must have lived in North Carolina for at least six months, and the couple must have been separated for over a year. Your honest testimony about the separation is enough to satisfy the court.

Starting the Divorce Process

To initiate a no-fault divorce, you’ll need to file a complaint in the county where either spouse resides. Along with the complaint, you’ll submit a Domestic Civil Action Cover Sheet, an affidavit regarding your spouse’s military status, and pay a court fee. You must also serve your spouse with the divorce papers, either through certified mail, UPS, FedEx, or by using the county sheriff’s office. Once served, your spouse has 30 days to respond.

Beyond the “Simple” Absolute Divorce

Despite being labeled a “simple” absolute divorce, the process involves more than just filing paperwork. Critical issues such as property division, spousal support, and child custody still need resolution.

Property Division: You must file for equitable distribution of marital property before the divorce is finalized. Failing to do so means losing the right to have the court enforce the division of assets.
Spousal Support: Any claims for alimony must also be made before the divorce is finalized to preserve your rights.
Child Custody and Support: Parental rights and responsibilities continue after divorce. It’s advisable to have a child custody plan in place before the divorce is finalized to ensure stability for the children.

Moving Forward

Navigating a no-fault divorce in North Carolina involves several steps, but understanding the process can help you move forward with confidence. Addressing all necessary issues early and seeking professional guidance ensures a smoother transition and protects your rights throughout the divorce. If you have questions or uncertainties, consulting with a knowledgeable attorney can provide the clarity and support you need during this significant life change.

Special considerations for a later-in-life divorce

Fri, 12 Jan 2024 21:14:00 GMT

Over the past 25 years or so, judges, attorneys and others have noticed a growing trend of people who are getting divorced later in life. Some call this phenomenon “grey divorce,” and define it as any divorce involving people over age 50. However, many of these divorces involve people older than that. According to some sources, 10% of American divorces…

The post Special considerations for a later-in-life divorce first appeared on Maitland & Stiffler Law Firm, PLLC .

Leave your small business in good hands with succession planning

Fri, 10 Nov 2023 19:15:00 GMT

In North Carolina, small business owners spend their lives trying to create an effective and successful entity. Those who create a profitable business undoubtedly want to see it continue after they are gone. This requires the business owner to have an estate plan as well as a plan of succession for the business to continue operating no matter the circumstances.…

The post Leave your small business in good hands with succession planning first appeared on Maitland & Stiffler Law Firm, PLLC .

Should I create a trust?

Mon, 11 Sep 2023 10:52:00 GMT

Creating an estate plan is an important decision for people in North Carolina. Most might try to go the simplest route and craft a will. In many instances, it is the wisest option. However, some people have different objectives and their financial and personal situation warrants a deeper dive into estate planning. A trust is an alternative that many would…

The post Should I create a trust? first appeared on Maitland & Stiffler Law Firm, PLLC .

What is a house lien and how can it affect a real estate deal?

Fri, 14 Jul 2023 07:21:00 GMT

Buying a home in North Carolina is an exciting experience, but it can also feel overwhelming at times. There are many steps and paperwork involved in a real estate transaction. One of these steps involves a title search on the property that you are buying. This is a search done to make sure that there are no liens on the…

The post What is a house lien and how can it affect a real estate deal? first appeared on Maitland & Stiffler Law Firm, PLLC .

An attorney’s role in real estate closings in North Carolina

Tue, 09 May 2023 14:35:00 GMT

A homebuyer might work closely with a realtor to find the property that is just right for them. Once they find their dream home, they are eager to move forward to closing. They already have been working with a realtor, so is it necessary to work with an attorney as well to close on a home? What is closing? Working…

The post An attorney’s role in real estate closings in North Carolina first appeared on Maitland & Stiffler Law Firm, PLLC .

Are you experiencing any of these top reasons for divorce?

Mon, 13 Mar 2023 15:59:00 GMT

If you’ve found yourself to our blog, then you might be wondering whether divorce is right for you. Although you might have already decided that the time has come to dissolve your marriage, there’s a chance that you still might be on the fence. You might be worried about the financial implications of divorce, or you might be concerned about…

The post Are you experiencing any of these top reasons for divorce? first appeared on Maitland & Stiffler Law Firm, PLLC .

Dividing a business in divorce

Tue, 10 Jan 2023 19:07:00 GMT

In many ways, the legal issues are the same in every divorce in North Carolina: If they have young children, the spouses must resolve questions of child custody and child support; and whether they have children or not, they must divide their marital property according to state law. This is rarely easy, but it can be much more complicated depending…

The post Dividing a business in divorce first appeared on Maitland & Stiffler Law Firm, PLLC .

My spouse and I want to separate. How can we do this?

Mon, 14 Nov 2022 07:14:00 GMT

Your marriage is on the rocks and despite your best efforts to reconcile, you and your spouse have made the decision to separate. You should know, however, that for legal purposes simply living apart does not necessarily mean you are separated. Legal separation in North Carolina Under North Carolina law, you and your spouse are legally separated if you both…

The post My spouse and I want to separate. How can we do this? first appeared on Maitland & Stiffler Law Firm, PLLC .