Rocky Mount North Carolina Legal Blog

Some North Carolina residents have complex estate planning needs

On behalf of Lassiter & Sperati, PLLC posted in estate planning on Friday, April 19, 2019.

It often pays off for people to have some sort of estate plan in place. Even if they are of modest wealth, there are still some concrete steps they can take to make sure their assets are passed on to their loved ones. Moreover, younger parents who have children at home will want to use an estate plan to appoint a guardian for their children should the parents pass away.

For some residents of this state, however, estate planning promises to be a more complicated process. For instance, many owners of small, closely-held businesses will have to determine whether and how their business will continue to operate when they die or are incapacitated.

Repeat violations can cost drivers their licenses

On behalf of Lassiter & Sperati, PLLC posted in traffic offenses on Friday, April 5, 2019.

Like other states, North Carolina has a program under which the state's Division of Motor Vehicles can suspend a driver's operating license for repeat traffic infractions, including infractions that are not criminal in nature.

For instance, North Carolina has a point system under which certain traffic violations get assessed as points against one's license. In theory, more serious traffic violations will lead to more points getting assessed.

Overview of a short sale for lenders

On behalf of Lassiter & Sperati, PLLC posted in residential real estate on Thursday, March 21, 2019.

There is a lot of information available about how a short sale works. Much of this information is geared toward either a homeowner who is trying to avoid a foreclosure or a would-be buyer of residential real estate.

The other party who has an interest in the short sale option is the bank which holds the mortgage to the property. In this respect, and as this blog has mentioned, our law office represents banks who are evaluating their options for how to handle a loan that is under distress.

For truckers, under .08 BAC can still create a big legal mess

On behalf of Lassiter & Sperati, PLLC posted in traffic offenses on Wednesday, March 6, 2019.

Like all but one of the other states, North Carolina's state law allows officers and prosecutors to charge a Rocky Mount resident with drunk driving automatically if they test for .08 or greater blood alcohol content, assuming the test was properly administered. While not impossible, someone who has under a .08 BAC is less likely to be accused of drunk driving and, thus, less likely to lose his or her license.

Such is not the case for commercial drivers, including truckers and drivers of other large commercial vehicles. While they may not face criminal charges, if they have .04 or more BAC, drivers can still face the loss of their ability to drive commercial vehicles. One important note, however, is that this lower BAC applies only when a person is operating a commercial vehicle.

What to do if you’re pulled over by police

On behalf of Lassiter & Sperati, PLLC on Monday, February 25, 2019.

Everyone is guilty of violating the rules of the road every now and again. For example, even if you're a safe driver, there may come a time when you look at the speedometer and realize that you're driving too fast.

There's little as nerve-racking as the sight of a police car chasing you down in your rearview mirror. Although your stomach will sink, this is not time to panic. Instead, you should remain calm and take a variety of steps to protect your legal rights.

License suspensions for a DWI are tough

On behalf of Lassiter & Sperati, PLLC posted in dwi on Thursday, February 21, 2019.

A person in the Rocky Mount area probably knows just from public service announcements that getting accused of drunk driving could mean that a person will spend time in jail. This is so even if it is a first offense and even if there are no aggravating circumstances.

In the midst of worrying about jail time, what may get lost in the shuffle is that North Carolina also has some pretty harsh mandatory license suspensions for those who get convicted of a DWI, which in North Carolina is also referred to as driving while impaired.

More about undue influence

On behalf of Lassiter & Sperati, PLLC posted in probate on Friday, February 8, 2019.

A previous post on this blog mentioned a number of different reasons why a North Carolina will might get challenged in a legal action to have it invalidated and, thus, disregarded for purposes of estate administration.

Undue influence was one of the grounds for challenging a will that this previous post mentioned. More should be said on this subject, however, because undue influence is a common reason heirs and other people challenge wills.

What is a power of attorney?

On behalf of Lassiter & Sperati, PLLC posted in estate planning on Friday, January 25, 2019.

As previous posts have discussed, a Rocky Mount, North Carolina resident's estate planning should cover two questions.

The first question is what will happen to his or her property after the person dies, and the second question, just as important, is how he or she, as well as his or her property, will be managed in the person's final years when he or she may require assistance handling such affairs.

Representing creditors in foreclosure actions

On behalf of Lassiter & Sperati, PLLC posted in residential real estate on Friday, January 11, 2019.

Large banks who often make house loans to Rocky Mount, North Carolina, families foreclose on their mortgages often enough to have a streamlined process.

However, the big financial institutions are not the only ones who may need to start a foreclosure. Smaller lenders who foreclose less frequently may not have the same processes in place as their larger counterparts, for instance. Sometimes, even an individual or someone else who isn't the business of lending may get a mortgage or lien on a piece of residential real estate.

Life changes may mean it is time to change your will, too

On behalf of Lassiter & Sperati, PLLC on Wednesday, January 2, 2019.

Once you create your will, it is easy to let the document sit in a drawer or safe for years. While it is always better to have a will than not to have one, there are many ways that an outdated will can cause complications after you pass away.

Any time that you experience a significant life change, it may impact your wishes for your estate, so it is wise to look over your will to identify potential complications. If your will does create conflicts after you pass away, this may delay distribution of your estate, and may even drain your resources while your beneficiaries wait. Amending your will at the right time keeps these complications from affecting your loved ones.