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Don’t Miss “Let’s Talk Legal” Live

Tune in Tuesday mornings at 7:30am on the Talk Station WTKF 107.1 FM for a live broadcast of our show.  Call 800-818-2255 and ask your legal questions

A Tradition of Competence

For twenty years and counting, in an effort each and every week, to serve Eastern North Carolina, Cecil Harvell and Wes Collins of the law firm Harvell and Collins, P.A. lead a live talk radio show on Tuesdays to discuss a variety of legal issues. This successful weekly talk show is called "Let's Talk Legal". It is a live radio program broadcast on the Talk Station WTKF 107.1 FM. The live program is played at 6 pm on Tuesday evening and is repeated at 5 pm each and every Sunday afternoon.  If you have missed a previous radio show, you may listen to the weekly shows on the website or you may also call our office for past recordings.

Let's Talk Legal: What is Adverse Possession?

This episode focused on the concept of adverse possession, explaining its legal implications and requirements in North Carolina, including the necessary elements such as open, continuous, and hostile use of property for a specified period. They emphasized the importance of documentation, surveys, and evidence, such as aerial photographs, to support claims of adverse possession or prescriptive easements. They also discussed the potential legal processes involved, including actions to quiet title and declaratory relief, particularly in disputes arising from property boundaries and usage. Read More

Let's Talk Legal: What is Mediation and Is It Required?

This episode focused on the concept of mediation as a required step in most legal disputes, particularly in family law and civil cases. Wes Collins explained the mediation process, emphasizing its role as a facilitator for parties to communicate and potentially settle cases without going to trial. The discussion also touched on the qualifications of mediators and the importance of understanding the mediation dynamics for effective legal representation.   Read More

Let's Talk Legal: What is a Last Will and Testament?

Cecil Harvell discussed the importance of having a last will and testament, emphasizing that it should focus on family relationships and distribution intentions rather than detailed asset listings. He highlighted the necessity of including contingencies for executors and beneficiaries to avoid potential legal complications and expenses. The conversation also addressed the legal requirements for executing a will in North Carolina, stressing the importance of proper witnessing and notarization to ensure validity. Read More

Let's Talk Legal: What is a Trust and do I need one?

Cecil Harvell of Harvell & Collins discussed the concept of trusts, explaining that they are legal agreements involving a creator, a trustee, and a beneficiary, designed to manage assets for specific purposes. He highlighted various types of trusts, including those for minor children, special needs, asset protection, and those addressing concerns in second marriages, emphasizing the importance of having a valid reason for creating a trust. The conversation underscored the need for careful selection of trustees and the necessity of consideration in trust agreements, while encouraging listeners to seek professional guidance when considering trusts. Read More

Let's Talk Legal: Responsibilities of a Clerk of Court

Cecil Harvell and Wes Collins discussed the responsibilities of the clerk of court in North Carolina, highlighting that the clerk has significant legal discretion and acts as a decision-maker in various legal matters, including estate administration and guardianship cases. They emphasized the importance of having proper legal documentation in place to avoid conflicts and delays in decision-making. The conversation also touched on the transition to an e-filing system in the court, which will change how legal documents are submitted and processed. Read More

Let's Talk Legal: Power of Attorney

This episode focused on the complexities and importance of powers of attorney, emphasizing the need for detailed and specific grants of authority to prevent confusion and potential legal issues. Speakers discussed the responsibilities of agents under a power of attorney, including the necessity for transparency and accountability in managing the principal's affairs. They also highlighted the differences between powers of attorney and executorship, noting that a power of attorney becomes invalid upon the principal's death and must be recorded to ensure its legality. Read More

Let's Talk Legal: Homeowner Association Documents

Cecil Harvell and Wes Collins discussed the complexities and legal implications of homeowners associations (HOAs) during the meeting, emphasizing the importance of understanding governing documents and the responsibilities of both developers and property owners. They highlighted the need for homeowners to be actively engaged in their associations to ensure proper governance and to protect their rights, especially during transitions from developer control. The speakers also advised potential buyers to thoroughly review HOA documents with legal counsel before purchasing property to avoid future disputes. Read More

Let's Talk Legal: Continuation on Administration of Estates

Cecil Harvell and Wes Collins discussed the administration of estates in North Carolina, emphasizing the importance of accountability and transparency in the process. They outlined the roles of executors and fiduciaries, the timeline for settling estates, and the potential for legal challenges from the IRS after an estate is closed. The speakers also highlighted the significance of proper documentation and communication between beneficiaries and fiduciaries to ensure efficient estate management. Read More

Let's Talk Legal: Administration of an Estate

Cecil Harvell and Wes Collins discussed the administration of an estate, emphasizing the importance of locating the original will and the role of the executor in managing the estate's assets and liabilities. They highlighted the necessity of opening an estate for any legal proceedings and the accountability required from the executor, including filing inventories and accountings with the court. The conversation also addressed the potential for an executor to resign and the involvement of public administrators when no executor is available. Read More

Let's Talk Legal: The Importance of Estate Planning

This episode focused on the importance of estate planning, particularly during the holiday season when families gather. Cecil Harvell and Wes Collins emphasized the necessity of having essential documents like wills, powers of attorney, and health care directives to avoid costly and time-consuming legal issues later. They encouraged families to initiate discussions about these topics to ensure their affairs are in order, framing it as a valuable gift to loved ones. Read More

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