In addition to potential legal repercussions such as costly fines, suspension or permanent loss of your driver’s license, and even jail time in certain instances, a DUI conviction on your record can negatively affect your ability to pass background checks. This might create obstacles to securing housing and employment. Having a DUI in your criminal history could also make it more difficult and expensive for you to obtain motor vehicle insurance as required by the state.
Understand how being found guilty of DUI in North Carolina can have lasting effects that complicate your life and cost you significant amounts of money for years after the conviction.
The North Carolina Safe Driver Incentive Plan, or SDIP, encourages safe and sober driving. The SDIP operates as a points system, and issues points to drivers for certain driving infractions and convictions that stay on your record for up to three years. The points issued range from one point for minor infractions to 12 points for the most severe or significant convictions, which includes DUI. The state reports any points on your record to motor vehicle insurance providers.
If you accrue 12 or more points in a three-year period, the North Carolina Department of Motor Vehicles suspends your driver’s license. The license suspension period for DUI convictions lasts at least 12 months or longer, depending on the number of DUI convictions on your record as a driver. A second DUI conviction results in a four-year suspension of your driver’s license, and a third DUI conviction leads to permanent suspension.
You may also lose your driver’s license for 12 months if you refuse a chemical test to determine if you’re under the influence of substances at the time of your arrest for DUI. Even if you’re later found not guilty of DUI, you will still lose your license for a year by declining chemical testing.
Having your driver’s license reinstated after suspension from a DUI conviction can be costly and complicated. If you lose your license after being found guilty of DUI, expect to pay a fee to have your license restored. You may also have to cover the costs to participate in an alcohol assessment or treatment program in addition to having an interlock ignition device installed in your vehicle at your expense.
A: The lookback period for a DUI in North Carolina depends on the type of DUI conviction. You could be found guilty of either a misdemeanor or felony DUI in this state. Misdemeanor DUI convictions stay on your record for seven years, whereas the lookback period for felony DUI is ten years. DUI convictions cannot be expunged from your record in North Carolina and will stay on your record for the length of the lookback period.
The penalties could increase if the court determines you are guilty of any subsequent DUI charges during the seven-year lookback period for misdemeanor DUI and the decade-long lookback period for felony DUI convictions.
A: The state defines impaired driving laws under North Carolina General Statute 20-138.1. This statute declares it is unlawful to drive any vehicle on any highway, street, or public vehicular area while under the influence of an impairing substance, including alcohol. The legal limit for blood alcohol concentration, or BAC, is 0.08 in North Carolina. The limit is lower for drivers of commercial vehicles at 0.04.
This statute also declares it to be illegal to drive after taking any amount of a Schedule I controlled substance as outlined in NCGS 90-89. This includes opiates, synthetic cannabinoids, certain stimulants and depressants, and hallucinogenic substances.
While marijuana is a Schedule VI controlled substance in North Carolina, it is also considered to be an impairing substance. It is possible to be found guilty of a DUI for driving while under the influence of marijuana in this state.
A: The state outlines insurance rate increases within the Safe Driver Incentive Plan, or SDIP, for certain driving infractions or convictions, including DUI. If you are found guilty of DUI in North Carolina, you could face a 340% rate increase for car insurance. This means a $120 monthly car payment would rise to $528 a month.
Your insurance company may also determine you are too risky to insure and decide it’s in their interest to no longer provide coverage to you after a DUI conviction. They might choose not to renew your insurance plan at the end of your plan’s coverage date or drop you entirely.
A: It is difficult to have a DUI dismissed in North Carolina. A possible way for your DUI case to be dismissed is if the evidence being used against you was obtained improperly. Examples include a lack of probable cause for the officer to stop you or if there were errors in the administration of your field sobriety test.
Working with an attorney who has experience defending individuals facing DUI charges can help improve the chances of a positive outcome for your case. An attorney with in-depth knowledge of the state’s DUI laws can review your case for issues with your DUI arrest that could be grounds for dismissing your charge.
If you’ve been charged with DUI, we understand how confusing and intimidating it can be to work through the legal system alone. On top of the fines and the possibility of jail time, you’re also facing the potential for long-term consequences with a DUI on your record for up to 10 years, depending on the conviction. Contact Lassiter & Lassiter Attorneys at Law today for a consultation on your DUI case.
]]>The guidance of a father in a child’s life has been shown to benefit the child in multiple ways. Children who have a father’s positive influence tend to be more emotionally stable and better able to form social bonds. These children also tend to perform better in school. Studies show that they have higher test scores, better grades, and a greater interest in school functions. Fathers provide a stabilizing influence for their children.
According to state law, fathers have the same legal rights to their children as mothers do. Despite older cultural ideas about mothers always having primary custody, the law protects both parents’ rights to their children. Unless they are somehow unfit, each parent has a say in the decisions concerning education, healthcare, religion, and activities of the child.
All parents have the right to:
If a birth parent or former partner suggests that you can’t visit your child, aren’t the father, or should pay more money to see your child, contact our firm. We can help ensure that your parental rights are protected.
A biological father has at least a legal right to visitation with his child. This right is only suspended in cases where the father has been deemed unfit, either due to violence or inability to fulfill his responsibilities. It is important to note that a father may lose his right to visitation if he has not been in contact with his child for six months. An exception to this rule is allowed if the father is on military deployment.
While visitation is a right, it can be denied in certain situations. These include:
If your name is on the child’s birth certificate, you are recognized as the father. When you marry the mother of the child after the birth of the child, you are considered the father retroactively. If your name is not on the birth certificate, you can establish paternity by signing a voluntary Affidavit of Parentage. An Affidavit of Parentage must be signed by both parties and is legally binding. Child support, child custody, and visitation can only be determined once paternity is established.
Visitation and child support are too important to leave to chance. You will want an experienced legal partner who knows the law to represent you, your interests, and those of your child. Custody and child support considerations also take into account the financial assets of both parents, so it can become quite challenging to navigate the process while you are dealing with the emotional upheaval involved.
Partner with a Statesville fathers’ rights attorney to work through this complex legal process. You need someone on your side to make sure that all claims are filed, and all your wishes are supported.
There are no requirements in North Carolina that a judge must abide by a child’s decision of which parent to live with. In some cases, a judge may take this into consideration. The judge is not, however, bound by the wishes of the child. If the child is old enough to give a more informed opinion, the judge is more likely to listen to their preferences.
A father has the same legal rights as the mother. He has a right to visitation, custody, and child support, just as a mother would. In North Carolina, there is no rule that the mother should be awarded custody. Both parents are considered equal unless there is a determination of abuse or unfitness. Also, being absent from the child for six months can negate a parent’s claim for custody of their child.
A mother cannot deny a father visitation in North Carolina unless an allegation of abuse or the inability of the father to care for the child is proven in court. Only the court can deny a parent access to their child. Visitation would not be allowed in cases of physical abuse, drug use, or a history of child neglect.
The visitation order is in effect until the child reaches eighteen or is legally emancipated. A child cannot refuse court-ordered visitation. Communication with the other parent is recommended to resolve the matter. If a child is old enough to form a rational opinion, they can testify on their own behalf regarding their intent as to visitation.
If paternity is not established through marriage or by being on the birth certificate, a father will not have a legal claim to the child. If a father is not on the birth certificate in North Carolina, he will need to establish paternity by filing an Affidavit of Parentage. This affidavit must be signed by both parties and is legally binding.
Nothing is more important than your relationship with your child. When charting a plan for the future of your family, let Lassiter & Lassiter take care of all the complex legal proceedings involved in family law. With all the uncertainty that comes with figuring out your future and that of your child, our experience in Statesville makes us the partner you can count on. Contact us today for a consultation.
]]>Legal jargon can sometimes confuse what is a relatively simple concept. Probate refers to the legal process where a will is verified in court and then supervised to ensure its distribution remains compliant. If someone passes on without making an official will, the assets will then be distributed according to North Carolina’s intestacy laws. For example, the closest family members of the departed without a will could receive the individual’s home even though there is no documented history of that request.
There are a number of different reasons why someone may have to go through the probate process to satisfy a loved one’s estate after they pass away. Some factors that will determine if you must advance through probate include:
The first step in the North Carolina probate process is to file the deceased’s will if it exists. This is typically completed at the local county clerk’s office. Next, an executor or estate administrator will be appointed to handle the estate’s affairs. This individual is responsible for taking an inventory of the assets and notifying creditors of how pending debts will be paid off. Once those are settled, any remaining assets are to be distributed to the beneficiaries designated on the will. If no will exists, the state intestacy laws will override.
There are a ton of variables that can impact how fast or short a probate process ends up being. The more complex an estate, the longer one can expect the process to last. A large number of assets, such as multiple real estate properties, are an example of what a “complex” estate could look like compared to simple, more traditional scenarios. On average, one can expect the process to be settled between six and 12 months.
If, at any point during the process, a dispute over the validity of the will is raised, the North Carolina probate court will have to get involved. To reach a resolution, a number of court hearings will have to occur to assess the scenario. In some cases, the conflict will advance to a formal trial. This can be frustrating, as a trial can considerably lengthen the probate process. Hiring a Statesville, NC probate attorney can help to ensure the process of dispute resolution is as compliant and efficient as possible.
Executors of a will are typically allowed to claim up to 5% of the estate assets due to the responsibility they have to ensure the deceased’s estate is managed and settled for with great care. This must be approved by the court before the individual receives any formal payment. An individual’s will can specify the amount to be paid to their executor, which will simplify the consideration. However, a will can also indicate that the executor is not to be paid. It is always recommended to consult with legal counsel to make sure you understand the compensation possibilities along with the rights and duties required of the role.
If you are facing the prospect of probate and would appreciate legal oversight, do not hesitate to contact the attorneys of Lassiter & Lassiter. For years, we have grown to understand the nuances of probate and what makes each case unique. We are driven to help people just like you who are not professionally educated on probate and estate law. Allow us to guide you through the process to make sure that all assets are distributed as the departed intended. We look forward to meeting you and hearing more about how we can help.
]]>For any case involving a DUI, it is critical to hire a DUI Attorney in Statesville, NC, immediately to secure your legal options.
There are six levels of DWI sentencing, with their severity depending on the mitigating and aggravating factors of the case.
Mitigating factors can reduce the penalty of a DUI, but it is the burden of the defendant to show that they have met any of these conditions:
Aggravating factors may increase DUI penalties, especially if multiple factors are present.
Some aggravating factors, called grossly aggravating factors, are especially severe.
The sentencing level that you are charged with depends on the number and severity of the aggravating factors as well as the presence of any mitigating factors. The possible sentencing levels, from least severe to most severe, are:
For levels three through five, there are no grossly aggravating factors present. The judge determines how the aggravating and mitigating factors compare with each other.
DWIs in North Carolina are considered wobblers, meaning that they can be charged as either misdemeanors or felonies. In most circumstances, a DWI will be a misdemeanor, but the likelihood of being charged with a felony increases as the DWI charge level severity increases.
DUI stands for driving under the influence, while DWI stands for driving while impaired. There is currently no difference between a DUI and a DWI under North Carolina law. This changed in 1983 as a response to the passing of North Carolina’s Safe Roads Act, a law that made both offenses fall under a DWI. Regardless of what caused your impairment while driving, including alcohol, the official charge will be a DWI.
It is not possible to have the DUI level that you are charged with reduced. Once the level has been determined, it is impossible to negotiate for a charge reduction. There is, however, a potential for a plea bargain if you are charged with multiple offenses. You may also be able to get the minimum penalties for the level that you have been charged with. A criminal defense attorney may find routes for a plea bargain or penalty reduction.
It is unlikely to have a DUI charge dismissed early in the process, as prosecutors tend to aggressively pursue these offenses. Your most likely route to have the charges dismissed or reduced is to work with an experienced DUI attorney who can examine your case and find issues that may allow for a dismissal, such as a traffic stop without probable cause or an incorrectly administered chemical test.
When you choose to operate a vehicle in North Carolina, you are subject to implied consent laws. These laws state that you will consent to a chemical test if you are arrested for a DUI. If you are lawfully arrested, the police can request that you take a blood, breath, or urine chemical test. Refusal to take the test can result in additional penalties, such as license revocation for 12 months.
The Lassiter & Lassiter team understands how serious a DUI conviction can be, especially if you are facing felony charges. A felony conviction can have lifelong effects that cause negative impacts, even if you make different choices and never get arrested again. Reach out to the Lassiter & Lassiter team today for a consultation on your DUI arrest.
]]>Buying property, issues with inheritance, child support, and end-of-life decisions are just a few of the kinds of issues people in a domestic partnership may have to think about if they are in a domestic partnership in North Carolina. If you’re in a domestic partnership in the state are have concerns about the legality of certain aspects of your relationship, contact our firm. We can ensure you are protected and help develop legally binding contracts for your particular situation.
In North Carolina, a domestic partnership is a long-term relationship in which an adult couple lives together for an indefinite duration of time but is not married. It is not a legally binding contract, which offers protection for both partners. People in a domestic partnership may confront challenges when it comes to decision-making for their family and protecting their assets, which is why having an experienced attorney is so crucial.
North Carolina is an equitable distribution state, which means it is presumed that married individuals will see a 50/50 distribution of assets in the event of divorce. This presumption does not apply to people who are in a domestic partnership, which can make dividing assets and property difficult if the partnership is to dissolve. Likewise, those in a domestic partnership who have children can also face complex child custody issues.
To confront complicated legal obstacles, people in a domestic partnership may choose to draw up contracts to lay out important information like end-of-life wishes and property division plans in case of separation. Contacting a lawyer to assist with such contracts, estate planning, or family law issues like child custody can help avoid lengthy proceedings in an event like separation or death.
In North Carolina, a marriage is a legally binding civil contract between two adults. Minors aged 16 to 18 can get married if they have their guardian’s consent. Couples who want to get married in North Carolina must apply for a marriage license that is valid for 60 days after it is issued. Then, the couple has a marriage ceremony, after which the magistrate presents them with a marriage certificate. After the couple receives the marriage certificate, they must return the marriage license to the registrar of deeds office within ten days.
In North Carolina, marriage is a legally recognized union, so people who are married are entitled to benefits like the following:
Marriage can provide many benefits for couples, but it is more complicated to dissolve a marriage than a domestic partnership, especially when there are children, multiple properties, and high net worth involved.
Unlike ending a domestic partnership, ending a marriage involves filing for divorce. Although people do not anticipate divorce when they get married, if it does happen, it can be complicated and emotional. Contacting a divorce attorney is important, as they can provide support and guidance through the divorce. At Lassiter & Lassiter, our team of divorce attorneys can work to help you achieve the greatest possible outcome.
A domestic partnership is different from a marriage because it is not a legally binding contract. There are some states that provide benefits and protections associated with marriage to people in domestic partnerships. North Carolina does not provide any benefits to people in domestic partnerships, so it can be useful to contact a lawyer to help you understand and protect your rights and assets in a domestic partnership.
A domestic partnership is not a legally binding contract like marriage, which gives people flexibility, especially during separation. If married couples want to separate, they have to go through a divorce, which can be lengthy and complicated, particularly when there are children involved. However, the equitable distribution presumption does not apply to people in a domestic partnership, so if there is conflict over the division of assets like property, separation can be difficult.
No, the state of North Carolina does not recognize domestic partnerships in any capacity. This means that people who are involved in a domestic partnership in the state of North Carolina are not entitled to any of the protections and benefits associated with marriage, like family leave or marital tax deductions.
The state of North Carolina does not recognize domestic partnerships, and therefore you cannot file for a domestic partnership the way you can in some other states. The only option for people who want a legally official relationship in North Carolina is to get married. If you are considering the benefits of marriage and domestic partnerships, contacting a lawyer with knowledge of family law can be useful and help you make an informed decision.
Not all attorneys are created equal. If you are in a domestic partnership and need help building contracts or dissolving your partnership, we have the skills, experience, and compassion to help. We can help you review the details of your unique situation and provide informed guidance while evaluating your legal options. No matter the form of your relationship, our firm can find the legal solution that most fits your unique needs. Contact us today for assistance with any inquiries.
]]>Every divorce is different, just like every marriage is different. For this reason, the specific costs associated with a divorce may vary massively depending on all sorts of factors, including:
However, it is possible to outline the general expenses that you can expect to encounter during the divorce process, rather than put an exact dollar amount on them, so that you can begin to craft a more accurate estimate for your own personal circumstances.
An uncontested divorce occurs when both spouses agree on all key issues, such as property division, child custody, child support, and spousal support, or when one spouse totally fails to engage with the divorce process. This type of divorce is typically less expensive, as it requires less time and legal intervention.
A contested divorce, on the other hand, is one that involves any level of dispute between spouses regarding the division of assets, custody, spousal support, etc. Generally speaking, the more contentious a case is, the more time and legal assistance it will require, and the more expensive it will therefore become.
This is not simply a matter of deciding whether to hire an attorney. There is a wide range of legal services available in North Carolina, and they are usually priced in proportion to their quality. While some budget attorneys may offer standardized divorce packages at a low flat rate, most reputable attorneys are going to bill an hourly rate for divorce cases. That way, they can devote the time and individual attention necessary to pursue optimal outcomes for their clients.
Typically, the cost of hiring a divorce attorney in North Carolina will largely be a factor of your attorney’s experience and reputation combined with the market conditions for legal services in your local area. Some individuals choose to represent themselves in a divorce, known as proceeding pro se. While this option can indeed help save on legal fees, it is important to consider all the potential risks and complexities involved in navigating such an important and life-changing legal process without professional guidance.
Alternative dispute resolution methods, such as mediation, can save a lot of money, so long as you and your ex are in a place, emotionally, to negotiate effectively. This is more cost-effective compared to traditional litigation because it keeps your divorce out of the courtroom to the greatest extent possible. It also allows you and your ex to share expenses by hiring a single, qualified attorney to act as a mediator and guide you both to a fair and equitable outcome, rather than each going into the negotiation process with separate attorneys.
It is generally more expensive when parties approach divorce as a contest to be won rather than an issue to be resolved collaboratively because it simply takes more time to “meet in the middle” when you start on opposite sides. For this reason, working with a neutral third party to negotiate and resolve issues can lead to great savings.
If the divorcing couple has significant assets or complex financial arrangements, such as multiple properties, business interests, or shared investments, the cost of the divorce may increase. Valuing and dividing these assets to untangle a sticky financial situation can require professional financial advice and may therefore involve additional fees beyond your attorney’s costs.
Disputes related to child custody and support are taken very seriously by the courts and can therefore add to the overall cost of a divorce in the form of additional courtroom time. Resolving these matters can require the involvement of child custody evaluators, parenting coordinators, or other expert witnesses, which can result in additional expenses. The fees for experts, such as forensic accountants or child psychologists, will add to the overall cost and can sometimes be comparable to high-end attorney fees of hundreds of dollars per hour.
The filing fee alone for a divorce in North Carolina is currently $225, with another $30 fee going towards serving the other party (i.e., your ex) with their copy of the divorce. Depending on how the divorce proceeds, you may see additional costs related to various motions, hearings, or trials. These will vary depending on the complexity and duration of the divorce process.
Unfortunately, there is no such thing as a completely free divorce in North Carolina. If you meet certain income eligibility requirements, you may qualify for filing fee waivers or assistance from legal aid organizations that offer reduced-cost services. You should consult with your local court system to ask about the existence of such programs and their requirements.
The cheapest way to get a divorce in North Carolina is through an uncontested divorce. In this scenario, both parties agree on all major issues, including property division, child custody, and support, and enter into the process collaboratively and without the need for legal representation. By working together amicably, couples can avoid lengthy court battles and reduce legal fees to the greatest extent possible.
In North Carolina, there is no distinction made between husbands and wives when dividing marital property after a divorce. North Carolina divorce works on the principle that marital property should be divided equitably (rather than equally) between the spouses, which means a “fair” division rather than one that is arbitrarily based on the gender of the parties. The court considers myriad factors in making this calculation, including the length of the marriage, each spouse’s income and earning potential, and their actual contributions to the marriage, but not whether the spouse was a wife or a husband. There is no fixed percentage or formula determining what a wife (or husband) is entitled to in a divorce, as North Carolina law is more complex and thoughtful than that, and each case must be evaluated on its individual merits.
In North Carolina, divorces are issued under a no-fault principle, and as part of this process, a one-year separation period is generally required before filing for divorce. (Once filed, however, a North Carolina divorce can sometimes be completed in a matter of months or even weeks.) There are some limited exceptions that may allow spouses to obtain a divorce before being separated for a full year. These exceptions include cases involving domestic violence, abandonment, or marital misconduct such as adultery. Consulting with a qualified divorce attorney can help you understand if you qualify for any of these exceptions.
Divorce can naturally be a complex and emotionally charged process, but it can also be a time of rebirth and positivity. Our high-quality legal services can help you through the unpleasant parts so that you can focus on rebuilding your life. If you are considering a divorce, or need assistance with any other family law matter, we encourage you to reach out to our experienced divorce attorneys at Lassiter & Lassiter. Contact us today to schedule a no-pressure consultation and take the first step towards this bright new chapter in your life.
]]>Alimony is financial assistance from the supporting spouse to the dependent spouse in the event of a divorce. This situation arises when one spouse maintains the home while the other works or there is a significant income disparity. The intent of alimony is to help the dependent spouse maintain their quality of life until they can support themselves outside the marriage. Either partner, regardless of gender, can request alimony if they are the financially dependent spouse.
Alimony is not automatically granted to either spouse in the event of a divorce. Paperwork must be filed by the requesting spouse in the North Carolina district court that is handling the divorce. Once the request has been made, there are multiple factors that the court will consider when granting or denying alimony. Some of these factors include:
Finding ways to avoid an alimony order being placed starts with determining the specific circumstances that would prevent the award. One of the major factors is an inability to make payments. If you and your spouse have similar incomes, or you make less than your spouse, a judge will deny the alimony request. It is, however, important to note that you cannot accept a job with lower pay or voluntarily quit your job to avoid alimony. Other circumstances that may cause a judge to deny an alimony request are:
Even if the court has already placed an alimony order, you still have options. If you are unable to make the alimony payments, you can file a request to modify the order.
Alimony agreements will generally contain a date on which the support will terminate. However, there are also certain situations that will automatically terminate the order. If the spouses choose to resume marital relations, the alimony payments will not continue. The payments will also stop if either spouse dies or the recipient spouse remarries. Marriage is not necessarily a requirement to cease payments. Simply living with another adult with whom they share a romantic relationship can similarly end the payment requirement.
Spouses may waive the obligation and right to post-separation support and alimony with a waiver of alimony. To be legal, this document must be:
Without this formal agreement, alimony is still applicable in your situation. It may still be requested by your spouse.
An alimony order is a legally binding order from the court. Disobeying it can result in being found in contempt of court. This can potentially result in fines and even jail time, depending on the reason for failure to pay and the amount you are behind. The judge has discretion on punishments levied for failure to pay alimony.
Unlike child support payments, there are no established guidelines that place a limit on the amount or duration of alimony. This gives the judge presiding over your case significant leeway while drafting an alimony order. Therefore, alimony orders can vary wildly between cases. North Carolina statute 50-16.3A sets up factors to be considered while establishing an order but lacks specific guidance.
Post-separation support is the payment made by the supporting spouse to the dependent spouse during the one-year period of legal separation. If this payment continues past the period of separation, and is codified in an agreement or judgment, it becomes alimony. The criteria for both types of support are the same. However, it is important to use the correct terminology during legal proceedings.
The financial burden of alimony can be significant. It should not be handled with anything except skilled experience. Lassiter & Lassiter has over five decades of knowledge in family law. Our knowledgeable team can examine your case and help you reach an ideal outcome. Schedule a consultation today to get answers about alimony and possible routes to avoid these burdensome payments.
]]>Trusts are a popular estate planning tool for many reasons, and many families benefit greatly from these accounts. Before you create and organize your trust, be sure to have all the information needed to make an informed decision. Our team at Lassiter & Lassiter Attorneys At Law is passionate about education and empowerment in the estate planning sector.
A trust is a unique type of estate planning account in which an individual, known as the trustor or benefactor, places their assets. Once the trustor’s assets are in the trust, they are functionally held by a trustee. When the trustor dies, their assets usually bypass probate court because the trustee held the assets and did not pass away. This keeps more money in the trust and avoids expensive debts and taxes that are due in probate court.
There are two major types of trusts: revocable and irrevocable. A revocable trust, also known as a living trust, is an account that the trustor may make changes to throughout their lifetime. They can add or subtract benefactors, add or subtract assets, and even pay themselves an income during their retirement years. Once they die, the trust becomes irrevocable.
An irrevocable trust does not allow for any changes or modifications. Many people who have degenerative or serious diseases opt for an irrevocable trust rather than a revocable one. All trusts become revocable when the trustor passes away.
Many distinct advantages are unique to trust accounts. Many people choose to create trusts for their benefit to the benefactor and beneficiaries alike. The following are some of the advantages of having a trust account.
Trusts avoid probate court, which is a major benefit for many estates. During probate court, a judge settles the deceased’s debts and outstanding taxes before turning the estate over to the will executor. This process can take a significant amount of money out of the estate, leaving less for benefactors.
If you put your assets in a trust, more of your hard-earned assets will go to your beneficiaries rather than the government.
When assets move through probate court, the judge reads the last will and testament into the court record. This information becomes public, which means that anyone can find out the value of your estate as well as your final wishes if they choose to look in the court records.
When you have a trust and avoid probate court, your wishes remain private and are released only to your beneficiaries and close loved ones.
You can tailor your trust’s terms to meet your family’s needs, which gives you control over your assets even after you pass away. You may delay inheritances and benefits or organize inheritances to avoid creditors and others that hope to take money from your benefactors.
Trusts keep your family from using a conservatorship if you become incapacitated or unable to control your faculties. This is a significant relief for most families, as seeking a conservatorship takes a significant amount of time, money, and effort. With a trust, your finances are secure and accessible to your family even if you cannot function normally.
Trusts have two major disadvantages that are important to know.
Creating a trust requires a significant amount of paperwork and legal steps. Though this is generally worth it, in the end, you should seek the help of an experienced attorney to execute the paperwork properly.
If you wish to have a trust, you need to keep accurate records of your assets. This includes assets that you gain or lose during your lifetime, and you will need to be sure to update your trust any time there is a change in your benefactors. This can be tedious but often pays off for your family.
The only real downside of trusts is the time and effort it takes to organize and maintain them. You need to keep accurate records and complete all paperwork. However, with the help of an experienced trust attorney, you can navigate these challenges easily and confidently. It is unwise to attempt to create and maintain a trust without the help of an attorney.
A trust is more powerful than a will, but they are not necessarily right for everyone. If you have minimal assets, making a trust may not be worth the time and effort. In all scenarios, it is a good idea to speak directly to a North Carolina trust attorney to discuss your options and develop an estate plan that is right for you, your family, and your assets. All clients are unique and benefit from different options.
Income from a trust is taxable, which is a major downside for beneficiaries. The trust itself must file a tax return when the trustor passes away, as there are no real tax benefits for trusts. However, this is often preferable to probate court, where a judge takes similar actions with the deceased’s assets.
Trusts avoid certain types of assets by bypassing probate court. During probate court, the law subtracts debts and taxes from the deceased’s estate, which can be a significant amount of money depending on how much the deceased owes. With a trust, the trust needs to pay certain taxes when the trustor dies, but the estate avoids other taxes that are applicable in probate.
Our lawyers are experienced in North Carolina trusts, and we offer comprehensive estate planning services to our clients. To learn more about what type of estate plan may be right for you, contact Lassiter & Lassiter, Attorneys At Law today.
]]>Overall, the level of punishment depends on the severity of the crime, the defendant’s history, and their driving record. Furthermore, if three or more grossly aggravating factors exist in the past seven years, under the Habitual DWI statute, the driver faces fines of up to $4,000 and a mandatory minimum of 12 months in jail, which cannot be suspended.
It is important to stay in the know of the current strict North Carolina DUI laws to protect your rights and understand what your options are. It is critical to note that the criminal penalties for DUI in North Carolina depend on the number of prior offenses, specific evidence and characteristics surrounding the arrest, and other essential factors.
For a first offense in North Carolina, the penalties for a DUI can include a 30-day license suspension, fines of up to $200 plus court costs and fees, probation for up to three years, and jail time of up to 60 days.
In North Carolina, a second DUI conviction carries a one-year license suspension, fines up to $2,000 plus court expenses and fees, probation lasting up to five years, and a prison sentence of seven days to one year.
For a third offense in North Carolina, the penalties for a DUI can include a permanent revocation of your license, fines of up to $4,000 plus court costs and fees, probation for up to five years, and jail time ranging from 30 days to two years.
If you are caught driving while intoxicated in North Carolina, you might potentially face administrative consequences in addition to criminal ones. If you deny a breathalyzer test or if your blood alcohol content is above the legal limit, the penalties you might receive can include an assessment of your alcohol and drug use, mandatory alcohol or drug treatment, installation of an ignition interlock device in your car, and a license suspension of up to one year.
In North Carolina, a DWI (driving while impaired) charge can be considered a felony if certain aggravating factors are present. These factors can include:
It’s important to note that felony DWI charges are taken very seriously in North Carolina and can have long-lasting consequences, including difficulty finding employment, housing, or other opportunities in the future.
Trying to understand the current laws and regulations in North Carolina can be an extremely difficult task without the help of a DUI attorney. Overall, it is crucial to speak with a qualified DUI lawyer if you have been accused of DUI in North Carolina. An attorney can explain your possibilities to you and fight for the best result in your case.
Some attorneys may charge a flat fee for handling a DUI case, while others may charge an hourly rate or a combination of both. On average, a DUI lawyer in North Carolina may charge anywhere from a few thousand dollars to upwards of $10,000 or more, depending on the specific circumstances of the case.
In North Carolina, prison time is often not mandated by law for first-time DUI offenses. Nonetheless, if the driver’s BAC was extremely high or if there were aggravating elements present, a court may in rare circumstances impose a brief prison term of a few days or up to 60 days.
Some of the lesser offenses that a DUI can be reduced to in North Carolina may include:
If you are convicted of a DUI (driving under the influence) for the first time in North Carolina, you may face several penalties, including a fine of up to $200, plus court costs and fees a driver’s license suspension for a period of 30 days, after which you may be eligible for limited driving privileges, and probation for up to three years. During probation time, you must comply with certain conditions, such as attending alcohol education classes or submitting to random drug and alcohol testing. You may also be sentenced to up to 60 days in jail, although jail time is not typically required for a first-time DUI offense.
If you are facing DUI charges in North Carolina and urgently need help from a lawyer, get in touch with our experienced and thoughtful North Carolina DUI lawyers at Lassiter & Lassiter today and let them know your story. With our expertise and knowledge, you can get the legal support you need and the justice you deserve. Contact our North Carolina DUI lawyers now to start fighting for your rights.
]]>No matter which state the couple was legally married in, each lawfully married spouse in North Carolina has the right to file for divorce. Before filing for a divorce, two crucial stipulations must be met to start the divorce process. Before filing, one spouse had to have been a legitimate North Carolina resident for at least six months, and at least one spouse must have had the intention to break the marriage throughout that time. The couple must also have lived apart for at least a year straight.
The separation stipulation is crucial, and to start the separation process, either spouse must leave the marital home and declare their intention to end the marriage. If a couple agrees to separate and then tries to rectify their relationship by moving back in with each other, but they ultimately settle on separation, they would have to restart their time living separately before filing for divorce, regardless of the time spent living apart before moving back in together. Once these requirements are met, the filing spouse may submit a Complaint for Absolute Divorce to the Clerk of Court for a filing fee of $225, starting the divorce process.
In some situations, spouses had to prove their spouse’s wrongdoings to seek a divorce, putting them at “fault” for why the relationship needs to end. North Carolina is now a “no-fault” divorce state, meaning that it is not required that a spouse needs to provide evidence of misconduct to begin the filing process. Marital transgressions may affect a divorce, particularly regarding spousal maintenance or alimony, but are not necessary for beginning the process. When deciding whether to grant support and how much support to grant, the court may take into account wrongdoing, including infidelity, using this to justify any final awarded amounts.
Although absolute divorce is the standard for proceedings, other forms of divorce can be taken depending on the factors of the case. A divorce from bed and board refers to the legal separation of a couple but does not legally divorce them. The pair is still technically married in a divorce from bed and board, and neither spouse is allowed to remarry without first obtaining an absolute divorce. Divorce from bed and board in North Carolina is based on fault, meaning that proof of misconduct must be made to file. The court may issue a divorce from bed and board per North Carolina Statute § 50-7 if either spouse:
A spouse may continue to ask the court for alimony, child support, property division, or child custody after the divorce from bed and board is granted. Although seemingly confusing, especially considering that a divorce from bed and board only legally counts as a separation, the requirements for filing these proceedings are less rigorous than an absolute divorce. For example, a divorce from bed and board does not require legal separation before filing, giving the party filing a way to remove their spouse from their home to begin the necessary year of separation needed for an absolute divorce. Regardless of the initial filing, an absolute divorce is still needed to separate a married couple.
North Carolina is a no-fault state, meaning that divorce proceedings can be filed at any time for any reason without obtaining consent from both parties. That being said, gathering important information about personal assets or shared children, along with understanding and verifying any state requirements for divorce, should be done before starting the divorce process, which may include receiving information from a spouse.
A spouse is normally entitled to some amount of alimony or spousal maintenance depending on their financial position and newfound financial responsibilities and depending on the outcome of the divorce courts’ ruling. Although an equitable distribution state, if the courts do so rule, a spouse may also be entitled to 50/50 parts of the marital estate as a form of financial compensation from the divorce.
One of the biggest and trickiest aspects of the divorce process is asset division. Even in an equitable distribution state, any and all assets can be divided to make a divorce settlement fair for both parties, meaning that taking on larger assets before filing for divorce could jeopardize crucial asset retention for other holdings once in the property division stage of these proceedings.
In North Carolina, equally dividing assets ensures that both spouses retain a fair and equitable share of their estate. However, state divorce laws take into account several circumstances that often point to the necessity for an unequal division of marital property, in which case a 50/50 split would not be equitable. For example, if one spouse is the sole provider for their family, the other spouse may receive more assets to fairly divide their combined marital estate.
Although troubling, divorce may be a necessary and very important process for certain couples. The process can be long, confusing, and stressful, but understanding the crucial elements of a divorce case can help make this process easier for all parties involved. At Lassiter & Lassiter, our legal team can assist with any divorce inquiries, so contact us to get started on filing today.
]]>