kirksanderslaw's blog

Human Resource Consultant for Small Businesses

Are you good at what your business does but get bogged down with administrative matters?

PROBLEM: Do you have time to keep up with regulations for employees & benefits?

THINK: Workers Compensation premiums & audits, handbooks, employees vs. independent contractors, payroll issues, employee benefits, recruiting, hiring, grievances, orientation, training.. . It can get overwhelming and an administrative time suck.

But you don’t want to have to add another employee to payroll.

Disharging a Firearm in NC & NC Hunting Rules

In my quest to locate hunting laws and firearms laws in North Carolina for my personal use, I’ve come up with the following. Please note, it is not exhaustive. Please make sure these rules are up to date. Rules and regulations change.

Depending on where you are hunting of discharging weapons, any questions of extra regulations should be asked of your local Zoning Department & Sheriff in that County or municipality.

TRO’s-Temporary Restraining Order- Litigation Attorney NC

Recently, in a power of attorney abuse case, Sanders Law Firm PLLC obtained a temporary restraining order (TRO) against the alleged defendants. In this situation, the TRO, signed by the Superior Court Judge in NC, orders the Sheriff to seize and/or secure assets involved in the litigation. A bond was filed in the matter.

To get the TRO we had to show clearly from affidavits and/or a verified complaint that immediate and irreparable injury, loss or damage would result if not ordered against the adverse party.

Gap Insurance for automobile? (Personal Injury Attorney NC)

Gap Insurance is a policy rider you can get when you apply for insurance on a vehicle. If you have a loan on your automobile it's a good idea. Especially if you're involved in a motor vehicle wreck.

For instance, you buy a $20,000 and put $1,000 down. You borrow $19,000. If you're in a wreck later the property value of your vehicle may be less than your loan. In that case, the insurance company of the at fault driver would only pay the value, leaving the car wreck owner owing the lender the difference. 

The Importance of an Umbrella Insurance Policy

I’ve had several clients in the past who have benefited from an umbrella policy as well as a couple who wished they had one.

An umbrella policy protects the insured (you) above and beyond your homeowners and automobile policy limits. It’s especially important if you want to protect your personal assets in the event of a claim made against you. And it’s typically inexpensive to get an umbrella coverage up to $1,000,000. Approximate annual premiums $250.

Partition Sale of Leased Property in North Carolina

A recent N.C. Court of Appeals decision highlights the sale of personal property. In the case of Whitesale v. Barnwell, the parties owned a leased interest in real property and a mobile home on Belews Creek Lake in Rockingham County, NC. Ms. Barnwell made numerous arguments against the validity of the sale of the leased interests. These arguments were rejected by the appellate court.

Partition Sale (upset bid) in Stokes County NC (Minnie Price)

On Saturday, June 14, 2014, two properties were sold (Subject to 10day upset bid) in Stokes County, North Carolina.

The House with 1.44 acres had a high bid of $26,000.00

The tract 5B- 6.583 acres had a high bid of $12,000.00

Both have 10 days in which a buyer can upset the bids by making a deposit with the Clerk of Stokes County. If any upset bids occur in this period, check with the Clerk for more up-to-date bid price.

Exploitation of an elderly person or disabled person (NC laws)

It is happening more and more every day. People taking money from elderly people. Sometimes the cases involve a power of attorney ‘gifting’ money to themselves. Other times it’s a ‘friend’ of the elderly person who uses undue influence to receive ‘gifts’. Many times the victim is incompetent. Sometimes the victim isn’t and only becomes aware of the loss later.

The law in North Carolina is clear. Taking money improperly from a disabled or elderly adult is exploitation.

There are two statutes that address this. Here are excerpts from two North Carolina Statutes:

Elderly Person Recovers Assets from Power-of-Attorney (NC)

Kirk Sanders, Attorney, filed a lawsuit against the former power-of-attorney (POA) for an elderly client. While the elderly client was in the hospital, the former POA, over the course of a week, transferred the client’s title to the elderly person's home to the POA, and transferred all financial accounts into the POA’s name.

NC Attorney: The Case of the Missing Will

The “missing will”. This problem has gone on for decades even centuries. A family member finds a person’s will either while the testator is alive and unaware or in the aftermath when someone dies. They don’t like what they’re getting & destroy the will.

There’s a law with criminal implications if you steal, conceal, or destroy a will or codicil to a will.

North Carolina General Statute § 14-77.  Larceny, concealment or destruction of wills.

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