WS Journal Articles
Drowning in debt? Try taking these time-tested tips.
One of the challenges some working families face is what to do with their growing pile of bills. And how to change their family's habits to avoid their financial challenges getting worse. Studies show that over 60% of our families lack enough savings to cover a $500 emergency expense. Here are five key challenges, which may sound ... Read More
What’s that in English? A list of legal terms lost in translation.
Like most lawyers, I get questions from clients about what certain legal words mean “in English.” These words are frequently found in documents related to real estate, corporate/partnership as well as wills, trusts and estate planning. They confuse many clients. It is so important that lawyers and other professionals (doctors and accountants, ... Read More
Proper estate planning is a matter of trust
My recent column about estate planning documents generated several questions and comments about revocable trusts (sometimes called “living” trusts). Here is a quick summary of how these trusts work. Since the federal estate tax exemption is so high now — over $11 million per person — trusts are not just for citizens of great wealth. Why is ... Read More
Mike Wells: Here’s how to help yourself avoid most legal problems
I have been privileged to write a monthly legal column for the Winston-Salem Journal for nearly 20 years. After writing 200-plus columns, and conducting a like number of legal talks for companies, non-profits, educational institutions, service organizations and bodies of faith, what do most citizens want and need to know about the ... Read More
Mike Wells: Know your injuries before you settle a claim
This is the concluding column in a series to help people know the right thing to do if they are involved in a wreck that’s not their fault. If you sustain personal injuries, when should you settle your claim? Unless your wreck is work-related, you generally have one to three years under N.C. law, depending on the circumstances, to file ... Read More
Mike Wells: Do you need an attorney for your claim after a wreck?
This column is the third in a series aimed at helping citizens who have been in a motor-vehicle wreck resolve their claim fairly, sometimes without the need to hire an attorney. But when should you consider hiring an attorney? Attorneys represent clients with these claims on a contingent fee basis. If you fail to recover on your claim ... Read More
Mike Wells: Know your rights after a wreck
This column will address how you assure you are properly reimbursed for your property damages if you are in a wreck that’s not your fault. This is the second column in a series to assist readers in dealing with their personal injury and property-damage claims, sometimes without the need to hire an attorney in some circumstances. Property ... Read More
Mike Wells: What to do when you are in a wreck
Most everyone who drives is going to be in a wreck at some time. In the next columns core issues will be discussed to try to give readers guidance on what they should do to be fairly treated for their valid claims for property damage and personal injuries. Here are the key issues: When are you required by law to contact the ... Read More
Mike Wells: Legal advice is free for the asking this week
Do you have a legal question you would like answered without charge? This Friday (March 4), you can do just that during the 15th 4ALL event, a public service program of the NC Bar Foundation. N.C. citizens can talk to a N.C.-licensed lawyer for free on that day from 11 a.m. to 7 p.m. Imagine that. The 4ALL effort, widely acclaimed ... Read More
Mike Wells: One lawyer’s advice: You may not need us
The law touches most every controversy or significant disagreement, but that does not mean one has to hire a lawyer to resolve many of them. Most of the relatively minor issues people face can be resolved without venturing into a court of law, but by taking your issues to the court of common sense. Here are some recommendations: 1. Watch ... Read More
Mike Wells: Get on a better financial track for the new year
One of the challenges some working families face is what to do with their growing pile of bills. And how to change their family’s habits to avoid their financial challenges getting worse. The best legal problems are the ones which never happen. Here are some practical tips to help. Where to start? This is often the major question. Some ... Read More
Mike Wells: Small gifts can have large impact
One of the encouraging trends in our society today is that more people are considering charitable gifts during their lifetimes or at their deaths. Interestingly, however, while 70% of Americans give to charities during their lifetime, fewer than 6% give to charities at their death, although the trends for giving more to charities for both ... Read More
Mike Wells: Have a Social Security disability claim? Get ready to wait.
When citizens do not have the physical and mental ability to engage in gainful employment, despite their strong will to do so, how will they support themselves? The Social Security system is an insurance system created not only to help people after retirement, but also to help them throughout life. The benefits are meant to take the place ... Read More
Understand Employment Law Basics in North Carolina
The next two columns will address basic employment laws in North Carolina. Unless one has a written contract, North Carolina generally follows the doctrine of “employment at will.” Even if the employer has an employee handbook or a progressive discipline policy, an employer can terminate an employee for most any reason except one ... Read More
Mike Wells: In COVID times: What we owe our children
In the late winter of 2020, we began to feel the full brunt of COVID-19. But through the vision of President Trump, and others, Project Warp Speed brought us the life-saving vaccines months ahead of any projected time estimate. The collective effort of all was a miracle by any standard. But despite initial broad bipartisan support and the ... Read More
Mike Wells: A gift to your survivors: Getting your affairs in order now
This is the third of a three-column series to discuss commonsense ways to plan your estate and to avoid many unforced, and sometimes very expensive, errors. Do you know where your original documents are? Many people do not realize that just a copy of a will is not sufficient when the time comes. (There is one rare, but expensive, ... Read More
Mike Wells: What we owe the health care workers
We find ourselves on the better end of COVID-19 these days, but with a pesky variant nipping at our heels. While so many contributed to our successful virus efforts, the heroes in this time of challenge are the health care workers who walked the halls 24/7, who held the line for us all until the vaccines could be identified and ... Read More
Keep the peace after you die through good estate planning while you’re alive
Here are some best practices for handling an estate administration/asset distribution, with proper direction in wills and trusts, which will save money and maybe some hurt feelings in your family. The parents’ homeplace Parents often want to leave their assets, including their home, to their family members when both have passed away. With ... Read More
Recent Major Changes in Retirement Account Laws that Affect You
Retirement planning for years has included tax-deferred plans that allow a person to put money into a plan and avoid paying the income-tax rate to which the money would otherwise be subject in the year earned (35%, for example). Your personal plan contribution would be deducted from your income subject to tax in the amount allowed that year ... Read More
Here’s your chance to talk to a lawyer for free
Do you have a legal question you would like answered without charge? This Friday, March 5, you can do just that during the 14th 4ALL event, a public service program of the N.C. Bar Foundation. N.C. citizens can talk to a N.C.-licensed lawyer for free on that day from 11 a.m. to 7 p.m. Imagine that. The 4ALL effort, widely acclaimed ... Read More
The “law of the letter”: You don’t need to be a lawyer to help someone sort out a problem
Years ago, I was asked to host a pro bono radio show on the law on Sunday afternoons. Although 3 p.m. was not an ideal time, I agreed to do so. But the show caught on, and in time it was moved to a higher listening weekday slot. New advertisers followed. I got a call from an older gentleman who was seriously shaken because of a bill and ... Read More
Understand the pros and cons of a revocable trust
In the last column, we addressed the basic estate-planning documents everyone should have: will, financial (durable) power of attorney and health care advance directives. In this column, we will discuss when (and if) you need a revocable trust, which is sometimes called a living trust. Why is it called a living trust? The concept of such a ... Read More
Common questions in these coronavirus times about estate-planning documents
Perhaps it is a sign of the times, but more people ask these days what happens if they do not have estate-planning documents in place if they get seriously ill or they pass away. If you do not have a will, North Carolina statutes define who gets your property, and it is not going to track what your wishes are. If you do not have a will, you ... Read More
A Prayer for the Greatest Generation
As we reflect on the anniversary of the end of World War II, I hope we will pause and consider all the contributions in war and in peace of the greatest generation. They fought for us in that war and through the hardest of times. The abiding story of the greatest generation, and the lesson to be learned, is how to gather for ourselves that ... Read More
What to Know About the Mediation of Civil Cases in North Carolina
The Gambler, a Kenny Rogers song, gives sound advice for playing a card game of chance: Know when to hold 'em, and know when to fold 'em. But it's also sound advice for a more serious game of chance: a jury trial in a civil lawsuit. When you ask an attorney to take your case, the attorney may tell you something you don't ... Read More
Chapter 13 Wage Earner bankruptcy filing basics
This is the third column in a series about how to deal with financial difficulties in these challenging pandemic times. Before your financial challenges become too serious, readers are strongly encouraged to consult Financial Pathways of the Piedmont, a well-regarded and United Way supported nonprofit in Winston-Salem. Contact them at ... Read More
Financial Challenges in These Challenging Times
Over the next three columns, we will address some common financial challenges many of us face in these different economic times. This first column will address some valuable community resources you can access before you have more serious financial challenges. The second and third columns will address how the two major forms of individual ... Read More
Practical tips for estate administration, pre-planning advice, and a Coronavirus update
After handling hundreds of estate administrations over the years, I can assure you the best legal problems are the ones which never happen. The tips in this third and final column on the subject should help you take the best planning steps to avoid common problems in the administration of an estate. 1. Should you set up a trust simply ... Read More
How to Reduce the Time, Expense and Hassle of Administering a Loved One’s Estate
In this article, you'll learn practical how-to tips to ensure a smooth estate administration. Read More
Yes, you can talk to a lawyer for free
A terrific opportunity for all citizens to get free legal advice is set for this Friday. Don’t pass it up. (Our three-column series on helpful tips regarding estate administration will continue next month.) Do you have a legal question you would like answered without charge? This Friday, you can do just that during the 13th 4ALL event, a ... Read More
How to Reduce the Time, Expense and Hassle of Administering a Decedent’s Estate
The administration of a loved one’s final estate can often be more difficult, expensive and time-consuming than it needs to be. Over the years, I have handled hundreds of estate administrations, and the best legal problems one may have are the ones which never happen. But it takes some understanding of how these problems, often with ... Read More
Part II: Common mistakes in handling your personal injury claim
This is the second of two columns devoted to providing practical solutions to help people injured in a motor-vehicle wreck avoid common mistakes in handling their claims. Property-damage claims alone rarely justify the added expense of hiring a lawyer. But do a little research before you settle this claim. Encourage your regular lawyer ... Read More
Other important highlights of the significant changes to the Power of Attorney North Carolina statutes
This 2nd column on the 2018 major-rewrite power of attorney (POA) law will address common but avoidable mistakes individuals may make, and extra elder law planning provisions many individuals now provide in their POAS to protect their assets. New Revocation Rules. The revocation of a POA by the Principal must be in writing, and the Agent ... Read More
Monitoring your loved one’s care and other common issues you may encounter
In the last column, we discussed the selection of a care facility. What other decisions might you face, and what steps should you take going forward to monitor the level of care of your loved one? Important contract issues. Many facilities require the admitted person to sign a contract that contains an arbitration clause, which means ... Read More
Common mistakes in handling your personal injury claim
In the next two columns, we will identify common mistakes that people with legitimate injuries from motor-vehicle wrecks make in settling their claims. We’ll also provide some practical solutions. Have you documented clearly that the injuries you relate to the wreck were caused by the wreck and not by a past injury or unrelated physical ... Read More
Pro Bono“Legal” Services
North Carolina lawyers give back to the community, state and profession by providing many pro-bono or low-cost legal services to our citizens. Here are a few of them which offer free or cost-efficient venues to ask for direction on important legal matters. I have had so many positive comments about a previous column I wrote some time ago ... Read More
Take advantage of low-cost legal services
North Carolina lawyers give back to the community, state and profession by providing many pro-bono or low-cost legal services to people. Here are a few of them that offer free or cost-efficient venues to ask for direction on important legal matters: Our friend Ask SAMof the Winston-Salem Journal is very good at spotting purely legal ... Read More
Understand the law about traffic mishaps
Third in a series covering the most important subjects on which I’ve given citizens direction over the 15 years I have been privileged to write this column. Motor Vehicle Mishaps When do you have to contact the authorities? N.C. law generally requires you to report even a minor wreck ($1,000 in property damage or any personal ... Read More
Hiring a contractor? Do your own homework first.
Over the 15-plus years that I have been privileged to write this legal column, and the 25 years I hosted a legal call-in radio show, one of the most persistent problems I’ve heard about from the public involves home-construction and home-repair contracts. A contractor has not done what he has agreed to do, and inevitably the contractor is ... Read More
Steps to take to select long-term care facilities for your loved ones
A truism we all know is that nothing is sure in life but death and taxes. But added to that in contemporary life is the higher cost of health care and long-term care for an aging population. We will leave it to the elected officials to figure out the health care system framework, but what we all have to figure out is how we address our ... Read More
Be prepared to monitor loved ones care in care facilities
In the last column we discussed the selection of a care facility. What other decisions might you face, and what steps should you take to monitor the level of care of your loved one? Important contract issues Many facilities require the admitted person to sign a contract that contains an arbitration clause, which means that many, if not ... Read More
Here are some financial tips to help you avoid common legal challenges
I have reviewed in recent columns some of the main questions that clients and others have asked me over the years. I have fielded nearly 30,000 questions during this time, counting those received on a popular radio public-service legal call-in show I hosted for 25 years, writing this column for nearly 16 years and conducting nearly 750 ... Read More
Protect yourself and your family with adequate insurance coverage
My last few columns have dealt with some common legal issues clients and citizens face in everyday life, with suggestions about how to avoid the problem in the first place. The best legal problem to have is the one which never happens. Hopefully, the suggestions below will spare you the frustration and bad surprises that go with many ... Read More
Mike Wells: The most important points you should know about the law
It has been my privilege to write a monthly column on the law for the Winston-Salem Journal for 15 years. I am grateful for your kind comments about the helping hand we try to extend to you to make this powerful tool, knowledge of the law in a free society, work for all of us. After writing 180 columns, responding to 40-plus Ask Sam ... Read More
Mike Wells: Know which types of insurance you need — or not
Two key questions to ask about most any insurance product are: 1) Are you insuring against a significant financial risk that would be hard for your assets to cover, or a financial discomfort? and 2) What would a thoughtful cost/benefit review tell you? In the last column, we addressed the importance of long term care insurance and adequate ... Read More
Mike Wells: Protect yourself with smart insurance coverage
Most of us spend a fair number of dollars for various kinds of insurance. How do you get the most bang for your buck, particularly as you assess how effectively your insurance protects you from your legal risks? Here are some major areas of personal legal and financial risks, and ways to protect yourself: Long-term care insurance: If ... Read More
What you should know about the New Financial Power of Attorney Law
The NC Uniform Financial Power of Attorney Act went into effect on January 1, 2018. It is the first major overhaul of this law since the early 1980’s. A financial power of attorney (FPOA) may be the most important estate planning document an individual can have. If you do not have other estate planning documents (wills/advance directives), ... Read More