Radio Show

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: 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

Let’s Talk Legal: Elective Shares and Durable Power of Attorney

This episode focused on the elective share rights of surviving spouses in North Carolina, emphasizing the complexities that arise, particularly in cases of second or subsequent marriages. Cecil Harvell and Wes Collins discussed the legal implications of elective share claims, including the necessity for timely filing and the potential for disputes involving children from previous marriages. They highlighted the importance of proper estate planning to navigate these issues and ensure that the intentions of the deceased are honored while adhering to statutory requirements. Read More

Let’s Talk Legal: Elective Shares

Cecil Harvell and Wes Collins discussed the elective share rights of surviving spouses in North Carolina, emphasizing the importance of understanding statutory rights and the implications of asset titling. They highlighted the short six-month deadline for filing an elective share claim and the complexities involved in determining the value of assets, particularly in cases of closely held businesses. The conversation underscored the necessity of proper estate planning to avoid adversarial situations and ensure that surviving spouses are adequately protected. Read More

Let’s Talk Legal: Minority Shareholder Rights

This episode focused on the rights and protections of minority shareholders in corporations and LLCs, highlighting the fiduciary duties of majority shareholders to act fairly and transparently. Wes Collins discussed specific legal provisions in North Carolina that allow minority shareholders to request financial information and take legal action if their requests are denied. The conversation also touched on the advantages of organizing a business as a corporation or LLC compared to a partnership, emphasizing the need for proper documentation and transparency to prevent disputes. Read More

Let’s Talk Legal: Deeds

Cecil Harvell discussed the distinctions between real property and personal property in North Carolina, emphasizing the importance of understanding property deeds, particularly tenants in common and tenants by entirety. He highlighted the complexities that arise in property ownership, especially in cases of inheritance and divorce, and the necessity of clear legal documentation to avoid disputes. The conversation underscored the need for individuals to review their estate plans following significant life events to ensure their intentions are accurately reflected in their property ownership. Read More

Let’s Talk Legal: Life Estates

Cecil Harvell and Wes Collins discussed the concept of life estates, emphasizing the responsibilities of life tenants and the importance of thorough planning to avoid potential conflicts between life tenants and remaindermen. They highlighted the value of life estates in long-term healthcare planning and the tax benefits associated with retaining a life estate. The attorneys encouraged listeners to seek legal advice and ask questions to ensure proper understanding and management of estate planning. Read More

Let's Talk Legal: Fiduciary Responsibility

Cecil Harvell and Wes Collins discussed the importance of understanding fiduciary responsibilities, emphasizing that individuals in roles such as executors, trustees, and agents under power of attorney should seek legal advice early in their involvement to avoid complications. They highlighted the implications of mismanagement, including potential litigation and financial penalties, and stressed the need for transparency and communication among family members regarding financial decisions. The conversation concluded with a reminder to consult legal professionals before taking actions that could have significant legal and financial consequences. Read More

Let's Talk Legal: Challenging Durable Power of Attorney

Cecil Harvell and Wes Collins discussed the complexities surrounding power of attorney and fiduciary duties, particularly in cases where family members suspect misuse by the appointed agent. They emphasized the legal challenges faced by siblings or children of the principal, who often lack standing to challenge actions taken under a power of attorney unless a guardianship is established. The conversation highlighted the importance of transparency and communication among family members to mitigate potential conflicts regarding estate management. Read More

Let's Talk Legal: Dispositive Motions

Wes Collins from Harvell & Collins discussed the significance of dispositive motions in litigation, explaining their role in potentially resolving cases before they proceed to trial. He highlighted two main types of dispositive motions: 12b motions, which can lead to dismissals based on procedural grounds, and summary judgment motions, which consider evidence beyond the pleadings. Collins also shared insights from recent cases, illustrating the complexities and preparation required to effectively navigate these legal challenges. Read More

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