January 2019

Not My Business, Too! What Happens When a Business Owner Separates from His or Her Spouse

Marital property is property that was obtained or accumulated during marriage through marital effort or income.  If you started a business after your marriage, the business is marital property.  Mixed property is both separate and marital.  If you started a business before marriage, the increase in value due to business efforts during the marriage is

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Creating Your Own Self-Funded Special Needs Trust (SF-SNT)

Self-Funded Special Needs Trusts (SF-SNT) have become important planning tools for many individuals with disabilities who receive certain government benefits and later receive funds from a personal injury lawsuit, Social Security back payments, an inheritance, or otherwise, which exceed the allowable resource limit.  The law has been amended so individuals with disabilities can create their own

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The Alimony Crap Shoot, Part II: Length of Alimony

Alimony can be awarded for a specified time or for an indefinite period, to be determined in the discretion of the Court.  There are no hard and fast rules for determining the period as the alimony statute does not provide term guidelines. For years, attorneys in North Carolina have used the “One for Two Rule

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State Laws Protect Victims of Identity Theft—What You Should Do After a Big Data Breach

You may have seen news reports this year about large-scale customer data breaches at companies like Home Depot, Target, eBay, and P.F. Chang’s.  Many times the affected company waits to announce the data breach to the public, fearing bad press and future customer distrust.  What many people don’t know is that the law in most

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Top Three Consumer Scams to Watch Out for

North Carolina residents are no strangers to the constant barrage of phone calls and e-mails from fraudsters seeking to steal their money.  In 2015 alone, the Department of Justice received over 65,000 complaints from Carolina consumers who reported these scams.  The consumer protection lawyers at Weaver, Bennett & Bland, P.A. put together a short list

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A Lawyer’s Guide to Stopping Telemarketer Calls Once And For All

Likely, you’ve probably been contacted recently by a telemarketer claiming to be calling on behalf of “Credit Card Services” or some other vaguely named organization.  Despite demanding that the telemarketer put you on the “no call list,” your phone probably rings off the hook with telemarketers wanting to sell you things you don’t need.  These

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Is Your Non-Compete Agreement Enforceable?

The work place in today’s ever-changing society is competitive.  Skills are specialized, and there’s fierce competition for a limited number of jobs.  This environment causes businesses to aggressively protect themselves from employees who choose to open their own competing business or elect to move jobs to a competitor.   The typical method for such protection

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