Tag: attorney

5 Ways You Can You Stay Involved With Your Legal Case

Written by kwmlaw on August 24, 2023. Posted in Kelly & West News.

As attorneys at law, we want to make things more manageable so you don’t have to worry about the ins and outs of the judicial system. However, that doesn’t mean you shouldn’t be involved in your legal case. Let us handle the not-so-fun parts and simplify the process for you but stay in touch. Communication is key with our clients. We want to include you in what’s happening in your case and what the outcome can mean for your future.

Here are a few things you can do to stay involved and assist with your legal case.

Keep us informed

Let us know if you make changes and decide on alternatives that may affect your case. We need to know these details to prepare for possible outcomes. Also, if you move or your contact information changes, please let us know so that we can update our records to ensure we get information to you as quickly and efficiently as possible.

Check your mail and email often

We send our clients hard copy and electronic communications often, so be on the lookout for this type of correspondence. We may need your response before moving forward on your case, or we may want to provide you with a significant update.

Keep a diary of the facts

If you write down the facts when they are fresh in your mind, you’ll be more likely to remember them accurately later when asked to testify about an event. You’ll also have your notes to serve as a reminder to you so that you don’t forget the essential details.

Keep a list of questions

Don’t be afraid to come to us

We are always available for questions. We do our best to include you in every detail but don’t be shy; we love to hear from our clients and are happy to answer any questions and address any concerns.

The most critical part of your case will be communication with Kelly & West. We are here to serve you and ensure you get the best possible outcome for your case. Don’t be afraid to step in and get involved.

7 Questions To Ask Your Personal Injury Attorney

Written by kwmlaw on January 12, 2023. Posted in Kelly & West News.

Severe injuries are likely to come without warning. If you or someone you know is injured due to someone else’s fault, you might need clarification about how to proceed with a case and how to prepare. After getting immediate medical help, your next step should be speaking with an experienced Personal Injury Attorney. Do this before you speak with anyone else.

During that first meeting with an attorney, you probably have questions. But here are seven others you should ask:

Have you handled cases similar to mine? What were the outcomes?

It is essential to know that your attorney has handled similar cases in the past and ask how many. The more experience your attorney has, the better your chances of receiving rightful compensation. Don’t be shy about asking how those cases turned out, either.

How often will you communicate with me?

Communication is key to a successful personal injury case. Your attorney should let you know exactly where they are in your case so you can prepare for the next step. Don’t be afraid to contact them if you have questions.

How can I be involved in my case?

Make sure you meet or speak with your attorney at least once a week. Also, ensure you deliver all necessary documentation or bills related to the accident. Notify your attorney if insurance companies, doctors, or associates ask you questions regarding your case. Getting caught off guard can lead to case disruptions.

How will I be paying for your services?

Every case is different and may result in fixed fees and contingency fees. The fixed fee amount is determined by the tasks associated with your case. The contingency fee is based on the result of your case,

so you don’t have to pay until your case is a success.

What if I need help with creditors?

Unfortunately, it is not uncommon for financial disruption to occur. Report to your creditors as soon as possible to let me know of your accident. Your attorney should be willing to contact your creditors if you need them to do so.

Is there anything I can do to help make sure that I get fair compensation?

Getting fair compensation from an insurance company takes work, and it is imperative that you talk with your attorney about what you can do to make sure that you receive fair compensation. Often insurance companies want to see evidence that you have followed the advice of your doctors and any restrictions. Talk to your attorney about how you can help ensure you get the compensation you deserve by getting the treatment you need.

When can we settle my case?

Every case is different; however, most cases follow a similar pattern: you get injured, you receive medical treatment, you get better, and you get released from your doctor. Since insurance companies only pay you one time in one lump sum to settle your case, it is essential that you get all the medical treatment you need before settling your case. Talk to your attorney about what your attorney is looking for to trigger settling your case so you will know what to expect.

Your list of questions should not be limited to this list. Every case is unique, calling for unique decisions to be made. If you are a victim of an accidental injury, the attorneys at Kelly & West can get you the compensation you deserve. Schedule a free consultation today and see what we can do for you.

Legal Help at 3 a.m.

Written by kwmlaw on July 13, 2022. Posted in Kelly & West News.

Legal help at 3 a.m.? Sure. With more than 40 years of experience and over 20,000 cases, you can trust Kelly & West to give you good, sound legal advice whenever and wherever you need it.

But if you aren’t ready to talk to us or if it’s after hours, you can still get help on our website. Here, you can find short videos explaining more about us and why you need may need strong legal counsel like us to see you through these situations.

We also offer a blog with the answers to things you care about such as what happens when you want to create a Will or what to do when you are in a car accident — real things that happen to real people in our community.

Want to chat? If you have a legal question at 3 in the morning feel free to try out our 24/7 live chat feature. Our online team can answer most of your general questions.

Fan of social? Follow us on Facebook, Google+, and LinkedIn.

And of course, we’re available the “old-fashioned” way — by phone during business hours: 910-893-8183.

No matter how you want to learn more about your legal questions or talk to someone, we’re happy to hear from you. Contact us today.

Red Flags That an Attorney is Not Right for You

Written by kwmlaw on March 24, 2022. Posted in Kelly & West News.

If you’ve been injured and are thinking about filing a lawsuit, you’ll need an attorney. There are more attorneys than ever to pick from, and a good choice may be the most important step you can take toward recovering the compensation you deserve. Here are a few things you should do in considering your options and some red flags along the way that can help you avoid an attorney who’s not right for you.

Do Your Research

All attorneys are required to register with the State Bar, so you can find a compete list of those near you online. The bar’s website also identifies attorneys who have been accused of or disciplined for practicing law incorrectly or unethically. That’s most often a red flag.

You should also visit the attorneys’ and/or firm’s websites and check to see if the attorney has the type of experience you’re looking for. There’s little to stop most attorneys from taking your case, but not all attorneys focus on personal injury law. If personal injury cases aren’t mentioned among the attorney’s areas of practice or, as is often the case, they’re listed as one of what seems like too many different areas, that can be a red flag.

The websites should also tell you how long the attorney and his/her firm have been working in your community. If they’ve been established there for more than a few years, chances are they provide services that their clients find valuable. If they haven’t, it may be a red flag.

Check Your Grapevine

Your family, friends and others you trust have probably worked with a number of local attorneys, including on personal injury cases. Talk with any who have about their experiences.

Ask about the attorney’s work habits. Did the attorney return their phone calls and emails promptly? Were they regularly updated on what was going in their case? Did the attorney seem well prepared for and perform well in meetings with the opposition and court appearances? Criticisms in their responses could be red flags.

Obviously, the most important question to ask is whether they would recommend the attorney for you. If not, why not? If the reason makes sense to you, that’s a red flag.

Be on Alert at Your Consultations

Once you’ve narrowed your list of candidates down to a few finalists, it’s time for the initial consultations. You should meet, one-on-one in their offices, with as many attorneys as you feel is necessary to help you make your decision. A consultation doesn’t obligate you to hire the attorney or obligate the attorney to accept your case, but it is definitely an occasion to be on alert for red flags.

Look at the attorney’s office. A clean desk suggests that everything is in order, which is vital in preparing a case. It’s likely a sign that the attorney keeps up with the work and is not allowing the paperwork to fall behind, a good indication that he or she will keep up with your case as well. If that’s not what you see, it may be a red flag.

Be prepared, and don’t be afraid to ask questions. How much of the attorney’s firm’s business comes from referrals from other attorneys and previous clients? How many cases like yours has the attorney had, and how did those cases work out? How often will you hear from the attorney about the progress in your case? How will you be billed for the attorney’s services and any extra costs or fees? If the attorney uses legal terms or says anything else that you don’t understand, ask for an explanation.

There may, of course, be red flags in the attorney’s reactions and responses to your questions as well as in questions the attorney asks you. Apart from any of those, however, there are a few essential attributes you want to be as convinced of as possible by your consultation. You want to know that the attorney is:

A trustworthy professional
A good communicator – a strong speaker and a good listener;
Interested in your case and committed to doing what’s best for you; and
Someone you can work with comfortably.

If you come away with any doubts about those, it’s a bright red flag.

If you’re looking for experienced personal injury attorneys who strongly value their clients, contact our team at Kelly & West. Having served the Lillington community for nearly 40 years, we are confident that our attorneys can offer you the best legal assistance.

Prayer for Judgement in North Carolina

Written by kwmlaw on January 17, 2022. Posted in Kelly & West News.

If you’ve ever been in a North Carolina court, you may have heard of something called a Prayer for Judgment Continued (PJC). When a PJC is granted by the judge, it is a small act of “mercy” from a conviction and resulting fines, but it is not a release without any possible adverse effects.

What is a Prayer for Judgement?

A PJC can be used by a North Carolina resident to reduce the impacts of a traffic violation. Essentially, when a defendant driver uses a PJC, it means that he or she pleads guilty, with the understanding that the conviction is not considered “final” but is continued until an undetermined time. This can be a “win” situation for the driver; however, there are restrictions and consequences to take into consideration when using a PJC.

When Can You Use a Prayer for Judgement?

A PJC can be used when trying to avoid points being added to your driving record or insurance record and sometimes to keep a “moving violation” plea from revoking your driver’s license. It is typically used when a driver does not have a viable defense but wants to avoid some of the consequences of the charges. However, if you have to pay a fine in addition to court costs the PJC has no effect and is treated as a conviction.

In North Carolina, the DMV can recognize two PJCs within five years without any points being added to your driving record. Although you are not convicted of the crime, it will still appear on your criminal history, and most employers treat a PJC as a conviction.

Insurance companies will allow one PJC every three years per household (all drivers on the same insurance policy) without any increase in premiums.

When Can’t You Use a PJC?

A PJC cannot be used for any charge against a driver with a commercial license or by any driver charged with DWI, passing a stopped school bus, or speeding in excess of 25 mph over the speed limit.

Additionally, if you are granted a third PJC within your five-year time frame, DMV will not consider the PJC and it will be a plea of guilty.

Is a PJC right for you?

Because of the limitations and possible consequences of a PJC, you should consult with an attorney before deciding whether it’s your best action. It may be wise not to use all of your PJCs within the given time frame or to use in a case where no PJC was needed. In most cases, an attorney can negotiate your traffic ticket to a lesser plea even when using a PJC.

Contact us if you would like a free consultation regarding your traffic case.

How Do I Get Workers’ Compensation?

Written by kwmlaw on August 12, 2021. Posted in Kelly & West News.

Being injured on the job can cause pain beyond physical harm. You are out of work, losing money, and have medical bills piling up. So what do you do? You may want to consider filing a claim for workers’ compensation. If you qualify, you may receive compensation for lost wages and any related medical bills. Here are a few things you need to know about these benefits.

What is Workers’ Compensation?

Workers’ compensation, or workers’ comp, is an insurance program that provides compensation for employees who are injured by accident while doing the tasks required of them by their employer. It is a no-fault remedy, meaning the employee is not required to prove fault to receive benefits. Workers’ compensation covers almost any injury caused by doing your job. However, it is important to keep in mind that workers’ compensation does not cover pre-existing injuries unless the injury was aggravated or made worse due to the employment.

Do I Qualify?

To be eligible for workers’ compensation, you must be an employee. Contractors are not eligible. You must also work for an employer that has workers’ compensation insurance. Not all employers are required to carry insurance. Finally, your injury/disease must be work-related.

Injuries covered under workers’ compensation include:

Physical injury on the job, including exposure to toxins and repetitive-motion injuries such as carpal tunnel
Pre-existing injuries that are made worse by work-related activities
Injuries caused while on break, on work-sponsored trips, or at work-sponsored events
Injuries from mental or physical stress brought on by work duties

Injuries not covered under workers’ compensation:

Self-inflicted injuries
Injuries encountered while violating company policy
Injuries encountered while violating the law
Injuries encountered while not on the job

How do I Get Workers’ Compensation?

To qualify, your on-the-job injury must have occured while you were carrying on the company’s business. If you are injured or sick at work, get medical attention immediately and inform your employer of your situation. To file a claim, you will want to gather information including what caused the injury, where it happened (if applicable), any witnesses (if applicable), and your doctor’s information. After informing your employer, he or she should give you a claim form to fill out or you can find the form and instructions by clicking here. You will then submit the form to your employer, and file it with the North Carolina Industrial Commission, as indicated on the form. Your employer (and their insurance company) then has 30 days to admit or deny your claim and should send you a written notice of this admission or denial.

What Benefits Am I Entitled To?

The policy pays for medical bills related to your injury and compensation for your lost wages up to a certain amount. You may also receive payment for permanent injuries (disability) and payment for rehabilitation services, if applicable.

When To Contact an Attorney

While many employers will not dispute your injury, if you are hurt at work, contact an attorney as soon as possible. He or she can help make sure your claim is submitted correctly and will prepare in case your employer wants to deny the application.

If you would like to talk with an experienced and caring workers’ compensation attorney, please contact us.

Look for These Five Traits When Choosing a Lawyer

Written by kwmlaw on May 27, 2021. Posted in Kelly & West News.

Whether it’s a minor traffic violation, real estate transaction, a will, or something more serious, there will likely be a time in your life when you will need to hire a lawyer. Having a great lawyer on your side is crucial to your case because they will be the ones primarily talking to the judge and persuading him or her to favor your side of the case as much as possible. Here are some qualities you should look for in a lawyer to best represent your case:

Strong Speaker

Your lawyer’s main objective is to communicate your case to the judge, jury, and your opposition clearly and favorably. To do this, he or she must communicate with you before the hearing to get the most relevant information about your case and the possible approaches to use, and how much will be required of you in the hearing. Lawyers must know how to articulate well and become comfortable talking in a hearing to prevent the court from believing there are any lapses or inconsistencies in your case.

Great Listener

A great speaker can only be so great if they don’t know how to listen well. Communication is “the imparting or interchange of thoughts, opinions or information.” To speak well, your lawyer must know exactly what to communicate. Good listening helps your lawyer understand your side of the case that he represents, answer any question the judge might have during a hearing, and possibly find faults in your opposition that could strengthen your case. When you’re interviewing lawyers for representation, there are a few indicators you can watch for: the attorney is responding and engaging with you during your conversation, they aren’t lost in their notes or distracted by their phone, and they are asking probing questions to get more information.

Relevant Experience

Because legal issues cover almost any subject where two or more parties exist, some lawyers might not be versed in your certain situation and may not be very helpful to you. Research to see if the lawyer you are considering has covered cases in the past that are similar to yours because their experience could greatly help you as they enter a familiar field with you and will relate to your case more. Like with any business, read reviews from past clients or rely on recommendations from people you trust when seeking a lawyer.

Good Judgement

It is very likely that your case will have something unexpected come up no matter how much you and your lawyer prepared. Court dates are moved, new evidence is found, and other instabilities happen all the time in the justice system. It is times like these that you should trust your lawyer to have good judgment on what to do when long-term preparation is no longer an option. Your lawyer might even change their approach entirely in a very short period of time and very little preparation when circumstances change.

Dedication

The legal process can take a considerable amount of time to run its course; you want a lawyer that will represent you to the best of their abilities every step of the way. Depending on the severity, you and your lawyer might have to create an elaborate case for your side. Such circumstances require both you and the lawyer to be extremely dedicated to building the best case you can. Your lawyer should work to get as much information as possible to form a strong case for his or her client: you.

In the market for a dedicated lawyer to assist in your case? Contact the Kelly & West team today.

How To Handle A Personal Injury Claim

Written by kwmlaw on October 20, 2020. Posted in Kelly & West News.

You are injured, and someone else is at fault. What do you do? What steps do you need to take? Suppose you want to file a claim against someone for your injury. In that case, you may need to file a civil complaint or lawsuit against the person(s) responsible — or even the insurance company if they will not voluntarily pay you.

Filing a lawsuit may feel scary, especially when you’re dealing with the stress of being injured. Let’s make it a bit easier with these answers to some frequently asked questions.

What is a personal injury case?

A personal injury case is a legal claim in which one person (the plaintiff) suffers from an accident or injury due to another party (the defendant). Personal injury cases require knowledge of the facts and the law and range from dog bites to wrongful death.

Do I have a case?

To know if you have a case or not, ask yourself the following questions:

Have I suffered an injury?
Was the damage caused by someone else?

Each personal injury case is different. The differing facts in each case make applying the law a challenge. Also, proving that the accident is entirely someone else’s fault can be challenging because in North Carolina, if you are even 1 percent at fault, then you may not recover anything under the doctrine known as “contributory negligence.” North Carolina is one of only a handful

of states with this law, but it can make your case difficult, especially if you do not have an experienced attorney helping you with the matter.

Do I need to file a claim? Do I need to hire a lawyer?

You should file a claim for your injuries, especially if you were seriously hurt. It is best to get the advice of an experienced attorney anytime you are injured but especially if you receive medical treatment or are out of work because of the injuries. Insurance companies have experienced attorneys working for them that know the law, so you should discuss your case with a Lillington personal injury attorney to avoid any pitfalls.

Will my case go to court?

Not necessarily. Your case will only go to court if you and the other party cannot agree out of court. Once you file a lawsuit, you must meet the deadlines imposed by the court. Failure to do so could cause your case to be dismissed.

Before filing a lawsuit in your case, be sure you know what to expect. For example, there’s no guarantee you will win. And the process may take months.

Once the lawsuit is filed, you may not be able to un-file the lawsuit or delay the case without losing your rights, so be sure that you have the help of an experienced attorney throughout this process. Also, you, as the injured party, have the burden of proving your case in court. You may only get one shot at this, so you must know how to proceed. An experienced attorney will be able to assist you and is vital to a successful outcome.

Whatever you do, don’t wait.

If you are injured in Harnett County, talk to an attorney within a few days. The longer you wait, the more challenging your case will be for both you and an attorney. Plus, time will erode evidence, such as skid marks, visible injuries to yourself, and witness testimonies.

Additionally, the statute of limitations creates a time frame in which you can file a lawsuit. North Carolina has a statute of limitations of three years from the date you are injured. It may seem like you have plenty of time, but you will want to make sure to document all evidence possible before the lawsuit is filed to be sure that you present the best case possible in court.

So what’s the first step?

Get information about your case and document your case. Act as soon as you can, so your attorney can contact witnesses and record their testimonies while fresh in their minds.

If you need help with your personal injury case, do not hesitate to contact our experienced team of attorneys.

What is TRID and How Can an Attorney Help You?

Written by kwmlaw on July 25, 2017. Posted in Kelly & West News.

Buying a home is an exciting and important step in your life, but there is much more to it than picking out the ideal home. There are dozens of forms to read and sign, terms to negotiate, and meetings to attend. One way the government has tried to uncomplicate this procedure is by revising previous laws and enacting the TRID rule for most closed-end mortgages.

What is TRID?

TRID was enacted in 2015 and is the combination of two Acts: the Real Estate Settlement Procedures Act (RESPA) and the Truth In Lending Act (TILA). TRID may be more commonly known as the “Know Before You Owe” rule.

Two Documents

TRID means you’ll see two extra documents:

The Loan Estimate: A three-page form that the buyer receives after applying for a mortgage. The estimate includes the estimated interest rate of the loan, monthly payment, total costs, and more.
The Closing Disclosure: A five-page form that provides the final details about the selected mortgage. The information contained in the Closing Disclosure is similar to the Loan Estimate, but the totals are the final, thus guaranteed, amounts by the lender.

What is A TRID-Certified Lawyer?

A TRID-certified lawyer will know all the details of TRID so you don’t need to stress about the details. Reggie Kelly, one of our own experienced attorneys, is TRID certified and can give you the guidance you need so you don’t miss any important dates or fine print that may work against you.

What Does TRID Outline?

Timing – With TRID in place, there are now strict timing guidelines in place that must be followed. The Loan Estimate must be provided to buyers no later than three business days after the lender receives the application and another copy no later than seven business days before consummation. The Closing Disclosure must be received no later than three business days before consummation. This matters to buyers because missing a timeline can mean missing out on that home you wanted.

0% Tolerances Category – This applies to the section in the Loan Estimate that details out loan fees and other fees. Fees paid to the lender, mortgage broker, or an affiliate must be written so that buyers cannot be swindled. You can also see exactly what you are paying for besides the cost of the property.
Written List of Providers – The lender must detail out a written list of settlement providers for which the buyer may shop for and the lender must provide sufficient information for those providers to be contacted and must state that the buyer may select a different provider for that service if desired. This helps you as a homebuyer to have access to providers, but know that you are not obligated in any way to use one of the lender’s providers. You always have the option to choose for yourself.

What Loans Are NOT Affected?

Home Equity Lines of Credit (HELOCs)
Reverse mortgages
Mortgages secured by a mobile home or dwelling not attached to real property

An Attorney Can Help

TRID was created to create fairness so consumers will understand what is happening in the home-buying process. But that doesn’t mean the game is always fair. Sometimes lenders can lead buyers to think something is required of them that is not. Even real estate agents may not be as trustworthy as you’d like. On the contrary, an attorney acts as your representative and only has your best interests in mind.

Navigating through the detailed process of home-buying can be daunting if you don’t have anyone representing you. An experienced attorney knows what TRID entails and can ensure that you’re given a fair deal and treated right.

Kelly & West have over 30 years of experience. Contact us to see how we can help you through the process of making your dream home a reality.

Why You Should Use a Lawyer Instead of an Online Site for Your Will

Written by kwmlaw on May 19, 2017. Posted in Kelly & West News.

We know you’ve seen or heard about websites that offer do-it-yourself legal services. Maybe you’ve met someone who can set you up with a Will for a low cost. You’ve weighed your options: pay for a lawyer or complete a much cheaper online template? We’ll admit it can be tempting, but with those savings comes a bit of a headache. Here’s why we suggest choosing a lawyer over an online service for your North Carolina Will.

False Sense of Security

You often don’t know if there are errors in your legal documents until too late. Errors in a Will are often only revealed after death. Similarly, problems in a contract are not normally identified until the parties are already engaged in a fight and looking at the contract to provide legal backing for their side.

One of the biggest issues that people have encountered when using do-it-yourself document preparation sites is that consumers are left with a false sense of security after completing these documents by themselves. Online legal documents can be out of date, inaccurate, or just flat out wrong, which may get your documents thrown out of court. Some of these websites do not use the standard state forms, which means a county clerk may reject it. Also, fill-in-the-blank Will forms are not always valid under North Carolina laws.

Small errors can have significant consequences. When the stakes are high, the last thing you want is errors in your legal documents. In one recent case, a missing comma cost a company millions of dollars.

May Not Provide the Counsel You Need

Planning for the future of your family or estate rarely is as simple as an online template would lead you to believe. Every situation is unique and should be treated as such as such.

Unfortunately, the disclaimer of online legal sites that their services are clearly not a substitute for the advice of an attorney, a lot of people use these websites with the mindset that by purchasing these services they can completely dodge hiring a lawyer, and therefore do not double check that their documents are executable.

Even with their guarantee of legal professionals on-hand to help, an online service is not a law firm. When you’re filling out these forms online, the company is not permitted to review any of your answers for legal sufficiency, draw legal conclusions, provide legal advice or apply the law to the facts of your particular situation.

If you are thinking of drafting up legal documents whether that be a Will, contract, or power of attorney, please contact Kelly & West Attorneys. We will walk you through the process of setting up these documents with excellent customer service and over 30 years of experience. Let us help you prepare for the future.

8 Questions about Creating a Will in North Carolina

Written by kwmlaw on January 4, 2017. Posted in Kelly & West News.

Creating a Will is something many people put off. We don’t want to think about what happens after we die, and we always think we have more time to get our Will done.

This New Year’s, it’s time to make a resolution: get your Will done as soon as possible. Creating a Will with your attorney is easier and probably less expensive than you think. We often hear questions about the process, so here are some of the most frequent questions along with answers:

How much does it cost to create a Will?

An attorney can help you through the process and ensure professional aid when drafting your Will. Prices can start as low as $200.00 to get the Will done, so it’s very economical, even when you get an attorney to help you.

While there are services online that help with Wills, some of these do not create valid documents. Please ask us about a particular service you are considering.

How long does it take to create a Will?

Creating a Will may be done quickly or take weeks to complete. This all depends on your situation. If you have few assets, not a lot of property, and one or two beneficiaries, creating a Will can be as quick as a few days. Wills take longer if your estate is more complicated.

Do I need an attorney? Can I hand write my Will?

This all depends on your situation and finances. Of course, having a qualified expert on your side will aid you tremendously since attorneys know the rules of the game and how to benefit you the most in the end. You are not only paying for the Will, but also to ensure that proper measures are taken for all your assets.

North Carolina considers holographic (handwritten) Wills legal if found after death in place intended for safekeeping. However, there is no guarantee this Will may be found or entered into the record, so it’s best to at least make someone aware of its existence if you do not want to create an official document with an attorney.

Should my spouse and I have a joint Will or separate Wills?

We do not recommend a joint Will because you cannot probate them separately, thus this makes it very difficult to probate the Will and administer the estate of the second spouse to die. Also, the surviving spouse needs to have the ability to make changes to his or her Will, which is very difficult to do with a joint Will.

What happens if I die without a Will?

If you die without a Will in North Carolina, then your estate is distributed according to intestacy laws. Your property will be divided amongst your closest relatives – your spouse and children. If you are not married and don’t have children, then your property is distributed to your parents, if living, or to your aunts, uncles, nieces and nephews, if your parents are not living upon your death. If not survived by any family members, your estate may escheat to the State of North Carolina, to be held in a fund that may be able to be claimed by some distant family member in the future, if that family member is aware of the existence of the fund and makes a claim.

Where should I keep my Will?

You need to store your Will in a place that is safe from water, fire, and smoke damage. You also need a place that is safe from theft. We recommend that you allow the Clerk of Court in the county in which you reside to deposit your Will for safekeeping.

Some people prefer to store their Will in a safe deposit box at the bank or in their home. If you do choose to use a safe deposit box, make sure your executor and beneficiaries know where it is and how to open it. Also, grant your executor the legal ability to take possession of your Will upon your death by making sure they can open your safe deposit box after you die.

Whom should I name as executor?

Your executor should be someone that you trust and have known for a very long time. This person will have complete access to your Will, and the obligation to make any financial decisions needed upon your death. Consider immediate family members and your spouse before anyone else.

How often should I update my Will?

We suggest that you look at your Will every couple of years. Changes need to be made due to certain circumstances. Consider the list below.

Changes in the law
Change in finances (successes and failures)
Change in your health
Change in committed relationships
Becoming a parent or grandparent
Losing a spouse or children

If you find yourself in any of these situations, update your will as soon as possible so that your assets can be divided exactly as you plan. Otherwise, you may leave your family with a state or court-ordered decision.

If you have any more questions about what is best for you and your family’s future, don’t hesitate to contact us. Call us today for a free consultation and let Kelly and West protect you and the ones who matter the most.

Avoid These 5 Common Mistakes When Creating Power of Attorney

Written by kwmlaw on October 25, 2016. Posted in Kelly & West News.

A power of attorney (POA) document authorizes another party (the attorney-in-fact) to make certain financial, legal, and business decisions on your behalf if you are unable to do so. If you decide that you need someone to help you with these affairs, it is important to have an accurate, well-detailed POA so that nothing is left for question. We compiled a list of common mistakes we see in our practice and hopefully we provide you with some insight so that you don’t run into any complications along the way.

1) Not Making a Power of Attorney

Many people think you only need a power of attorney when you are older or hospitalized, but that isn’t true. Military personnel should create one while they are deployed, in case they become unable to handle their affairs. You may need one if you are traveling overseas, and need someone to pay your bills, especially if you are single. Consult with an attorney if you are unsure whether or not a POA is right for you.

2) Not Creating the Correct POA

There are different kinds of POA documents that are needed in certain situations. Make sure you create the right one. Do you need someone to make general financial decisions on your behalf? A General POA is probably right for you. But what if you don’t want the attorney-in-fact to have too much power? Consider a Limited POA. When will it become effective? Research Durable or Springing POA to help you make your decision. Do you need someone to handle your health care affairs? There’s one for that too.

3) No Flexibility in POA Structure

Powers of Attorney need to be drafted with as much flexibility as possible to allow for “crisis planning.” If you have to enter a nursing home unexpectedly and don’t have long-term health care or a sufficient monthly income, you will need a flexible POA so that the attorney-in-fact can handle your financial decisions. This is very important, especially because nursing home care can start at $6,300 per month. The key to a well-drafted POA is to make sure it is broad enough to avoid a guardianship if you have to qualify for government assistance to pay the nursing home bill. Otherwise, you may still need a guardianship anyway, which makes the whole process of qualifying for government benefits much more difficult.

4) Not Updating Your POA

There are a number of instances where you will need to update your POA. You will need to rewrite your POA if you move to a different state so that it complies with state laws, and if you want to change any details or give your attorney-in-fact a different set of powers. You may need to revoke your current POA and create a new one if you wish to establish a new attorney-in-fact, which happens quite often. Make sure you notify all accompanied parties of any of these changes so it will prevent possible hiccups. Companies that delegate your affairs need to be notified.

5) Giving Up Too Much Control

You must review your choice of attorney-in-fact carefully. Whomever you appoint to this position can end up with a lot of power regarding your financial and business affairs. Your Power of Attorney choice will need to be someone you trust, who can handle making tough decisions when you are unable. Make sure you give him or her the right amount of power. Don’t give someone any more information than what he or she needs to make your POA secure.

Get a free information sheet with everything you need to know about Power of Attorney. Just fill out the form on the right tab of this page: /power-attorney/.

Peter Karmanos And His Living Trust. What Went Wrong?

Written by kwmlaw on July 6, 2016. Posted in Kelly & West News.

The owner of the Carolina Hurricanes, Peter Karmanos, is being sued by his three sons for borrowing more than $100 million out of their trust fund. If you have been following the Carolina NHL franchise, you may have noticed that the numbers (fiscal and physical) have been down since the Stanley Cup win in 2006. Peter Karmanos has allegedly been using the money in various forms of supporting the franchise.

You may be asking yourself: If it is his money in the trust, what’s the big deal? Well you must understand how trusts work and you better read all of the fine print before signing one — even if you are a multi-millionaire.

The truth is that there are many different kinds of trusts. The two broad categories of trusts include testamentary and living trust. The testamentary trust is set up with a will and is only established after the grantor’s death. Living trusts are established through the grantor’s lifetime and are separate from a will. We are going to focus on living trusts for now. *Please contact us if you would like more information on testamentary trusts.

Like a will, the living trust is a document that describes your wishes regarding your assets, dependents, and heirs upon your death. But, the living trust allows you to bypass the probate process — the lengthy, court supervised process of administering an estate. The details of the trust mean everything. When creating a living trust, you (the grantor) must decide whether you want to establish a revocable or irrevocable trust.

Revocable Trust – Allows the creator to retain power over the assets. Under these conditions, the grantor is able to change or revoke the terms of the trust at anytime and transfer assets in and out of the trust as the grantor desires.

Irrevocable Trust – The assets no longer belong to the grantor, but to a separate entity and are no longer accessible by the grantor. The grantor is no longer able to make changes to the trust, in most cases.

Choosing between the two really depends on the goals and objectives of the grantor; however, most people opt for a revocable trust, unless they need an irrevocable one to accomplish a specific goal or objective. Most trusts actually allow borrowing, as long as it is in best interest of the beneficiaries. It all depends on the type of trust, and how it is set up. The actual borrowing of the money wasn’t the big issue for Peter Karmanos. You may be eligible to borrow money from a trust fund but annual payments of principal and interest are due. It is reported that Peter Karmanos has failed to make these payments that were due in 2014 and 2015. It is because of this that his sons called in the lawsuit.

Each trust is specific, unique, and set up accordingly for the grantor and the beneficiaries. Some trust terms may even waive the duty of the trustee having to pay the money borrowed back. An estate attorney can be a huge problem solver when dealing with the complications associated with setting up a trust. You must pay attention to all the details regarding your trust. Be knowledgeable about what you’re signing and know what you can and cannot do. We would love to meet with you and discuss your possibilities. Contact us for a free consultation to learn more about what type of trust may be right for you and your family.

Clearing Up Confusion About Auto Insurance

Written by kwmlaw on April 19, 2016. Posted in Kelly & West News.

Auto insurance is required in North Carolina, but are you aware of the minimum requirements? What your options are or how it works?

Choosing auto insurance — or even knowing what to choose! — is a difficult process, but at Kelly and West we want to make it easy for you. We’ve seen what happens to good people who think they have coverage, but find out after a car accident they don’t have everything they need. Here is what you should know:

Minimum Insurance
In North Carolina there are a few types of auto insurance required for everyone who owns a car:

● Minimum of $30,000 injury liability per person per accident

● Minimum of $60,000 injury liability total per accident

● Minimum of $25,000 property damage per accident

● Uninsured motorist coverage of $30,000

North Carolina does not require you to have collision and comprehensive coverage, but if you are paying off a loan or leasing your car, the finance company or bank WILL require collision and comprehensive coverage.

Photo credit: orangesky3 via VisualHunt / CC BY

How Insurance Works
While it is mandatory to buy liability coverage in North Carolina, extra coverage is also available. A lot of people skip the extra coverage to save money, even though for a few extra dollars the extra coverage could help pay for medical bills, pain and suffering, repairs to the vehicle, rental cars, and loss of income due to the accident.

Extra coverage could include:
● Comprehensive Coverage – No collision. Anything that could happen to your car that is not directly involved in a collision with another moving vehicle. Some examples are a broken windshield or vandalism.

● Uninsured or Underinsured Coverage – The other person involved in the accident does not have insurance or does not have enough insurance to cover the bills associated with the accident or the total value of your claim. North Carolina’s minimum requirement is often not enough to cover all expenses after an accident.

● Medical Payments Coverage – Medical payments coverage is not required, but should be considered. This coverage provides reimbursement to you for medical expenses following an accident no matter who is at fault. The only requirement is that you personally have or you are in a car of a person who has medical payments coverage. This coverage is normally reasonably priced and can prove beneficial because it provides money while recovering from an accident.

How Much to Buy
It is easy to choose the minimum coverage amounts required by law, but those amounts are not recommended. At Kelly and West we recommend:

● $1 million per person combined uninsured/underinsured motorist coverage

● At least $50,000 per person injury liability

● $100,000 per accident liability

● $25,000 medical coverage (It is better to go higher if you can afford because medical bills tend to cost much more than this.)

● Add collision with a $500 deductible

● Comprehensive with a $0 deductible

We have found that once you buy some insurance, you can normally increase the amount or your coverage to those shown above for a very little increase in your premiums. These recommended amounts are higher than the minimum law in North Carolina, but we feel that the extra protection is definitely worth the cost. If you have questions about your insurance after an accident or would like to speak with an experienced attorney, contact Kelly and West today.

If you don’t take action to protect yourself and your family, then you are putting yourself and your family at great risk of being injured or killed by someone who has no insurance or by someone without adequate insurance to fully compensate you for your injury, your medical bills and your loss of income.

9 Reasons Why You Should Speak to a Personal Injury Attorney First

Written by kwmlaw on December 18, 2015. Posted in Kelly & West News.

Speaking to an attorney after an injury is crucial. We can help you deal with insurance companies, worker’s compensation, and filing claims against someone who hurt you. Don’t put yourself in a situation where you are losing credibility in your case. Making the simplest of mistakes could hurt you in the long run.

Here are 9 reasons why you should speak to a personal injury attorney before taking action:

1) Personal injury attorneys are experienced with all sorts of cases. We can save you time and money by letting you know whether or not you have a legitimate case.
2) With the number of laws and regulations around the subject matter, you may hurt your case by saying or doing something wrong without even realizing it.
3) Paperwork, legal procedures, and bills can be extremely confusing to someone especially after being injured. We will simplify the process for you so you don’t have to worry about making any mistakes.
4) You may be entitled to more benefits than you know. We will make sure that you are informed of any rewards for which you are eligible.
5) Insurance companies are not looking to give free handouts; they’re looking for evidence to prove that they don’t owe you anything. It is becoming more common for insurance companies to deny or reduce medical payments.
6) Injuries that are not physical are more difficult to prove. Our attorneys will help you in your case if you have suffered from psychiatric or emotional injury.
7) Let us handle the other attorneys involved. When looking for a claim, the defense attorney will take any mistakes that you have made and use them against you to weaken your credibility.
8) You may accidentally give out more information than what is required. This could have a negative impact on your case.
9) An attorney may also act as a witness to your statements. This can prevent your statement from being misquoted.

Know your rights. You are permitted by law to have an attorney on your side. Don’t be left to fend for yourself. We will work to protect you from confusing tactics and procedures while having your best interest in mind. Having an attorney on your side will provide you with confidence during your case and leave you with less worry during a time of vulnerability.

What You May Not Know About Courtroom Etiquette

Written by kwmlaw on November 9, 2015. Posted in Kelly & West News.

As attorneys at law, our position consists of providing the facts pertaining to each individual case. But knowing facts and law is only the beginning to becoming a good attorney. There are certain procedures that attorneys have to abide by in the courtroom. Having proper etiquette within the courtroom can determine whether or not the judge decides to rule in your favor. Talk, dress, presentation, behavior, and organization are all major factors that need to be considered when in preparation for a case.

Preparation is key to the way you deliver your case in the courtroom.

1. Your appearance says more than you know.

The first impression is extremely important. The judge will notice your appearance before anything else.
Dress in professional attire: men in a suit and tie, and women in a suit or dress.
Grooming is also important to your appearance. Men should be clean-shaven or have trimmed and neat facial hair.

2. Being early is better than being late.

Always arrive early to your case with your appearance slips.
Allow for flexibility in your schedule. Prepare for the unexpected; traffic and weather are important to take into account.
Late arrival is disrespectful and will reflect poorly upon your performance.

3. Be ready.

Know your facts and develop a strategy.
Have your supplies and papers in order, and ready to turn in.
Be alert and close by for the call of your case.

The presentation of your case means everything.

1. Be organized.

Negligence of preparation is frowned upon in the courtroom and considered to be insulting.
A judge may rule unfavorably to your case if you appear to be disconnected and disorderly.

2. Act appropriately.

Be quiet upon entering the courtroom.
Act ethically and responsibly for the duration of your attendance.
Do not use your cell phone.
Do not eat food or chew gum.

3. The judge represents the law.

Stand immediately when the judge enters or leaves the courtroom.
Bow to the judge and do not take your seat until the judge does so.
Refer to the judge as “Your Honor” or “The Court.”
Always ask to approach the bench and never speak over the judge.
Present your arguments to the judge but do not ever argue with the judge.
The judge is the ultimate authority in the courtroom.

We know that there are a lot of different rules and procedures to abide by when in the courtroom. Our attorneys have been trained to follow proper etiquette. You can rest, assured that the attorneys at Kelly & West will represent you with the utmost professionalism.