Winston-Salem Legal Issues Blog

The dog belongs in any pet parent’s will

On behalf of Greenwood Law on Monday, November 12, 2018.

Whether you consider them your little buddy, your fur baby or your all around significant other, there is no denying that your dog is as important to you as anyone else in your life. More young people than ever are choosing to have pets over children. And just like children, taking proper considerations for them should anything happen to you is vital to their futures.

One of the best ways you can safeguard your dog’s future is by writing them into your will. Wills are one of the most basic estate planning documents a person can have made, often take less than a day to draft and are relatively inexpensive.

Financial mistakes sometimes made during a divorce

On behalf of Greenwood Law posted in family law on Tuesday, November 6, 2018.

Many people getting a divorce in North Carolina are aware that the process can present some challenges during the transition to a life without a significant other. There's no getting around the fact that ending a marriage is often time-consuming and sometimes costly. However, some individuals remain unaware of the possible implications associated with certain financial mistakes that tend to be made during a divorce.

For starters, it's typically advised that soon-to-be-former-spouses don't ease their stress or celebrate their freedom by making significant purchases like a new vehicle or home, especially since related financial responsibilities will no longer be shared jointly. A financial advisor may steer clients away from cashing in on highly appreciated assets to pay current bills since doing so could result in substantial tax liabilities. The tax implications of alimony should also be considered because such payments will no longer result in tax breaks with divorces finalized after the end of 2018.

National regulations urged on drugged driving issues

On behalf of Greenwood Law posted in criminal law on Tuesday, October 23, 2018.

With efforts underway for marijuana legalization in North Carolina lining up with successful initiatives across the country, traffic safety officials are turning their thoughts to concerns about drug-impaired driving. Police and prosecutors are able to measure blood alcohol concentration, and 0.08 percent is the legal limit for alcohol intoxication across the country. However, no similar situation exists for cannabis; there is little scientific consensus about the level of cannabis intake that affects a person's driving ability. In addition, there are no generally accepted roadside screening devices that allow police to assess impairment at an accident scene or traffic stop.

The National Transportation Safety Board called on the National Highway Traffic Safety Administration to work to formalize standards for both drug impairment and assessment devices. The recommendations were prompted by a 2017 crash that killed 13 people. After the accident, the driver responsible was found to have sedatives and cannabis in his bloodstream.

Divorce costs may rise with the new year

On behalf of Greenwood Law posted in family law on Tuesday, October 9, 2018.

For people in North Carolina and across the United States, upcoming changes in tax law could make divorce even more financially complicated. In December 2017, the Tax Cuts and Jobs Act was signed into law by President Donald Trump. While other aspects of the tax reform garnered a great deal of media attention, less discussion focused on the law's effect on couples who decide to divorce.

The law eliminates the personal and dependent exemptions from previous years while increasing standard deductions. There are different standard deductions for different types of tax filers. Single people will have a $12,000 standard deduction while a Head of Household has an $18,000 standard deduction. In order to file as Head of Household, an unmarried taxpayer must have a dependent in the household over 50 percent of the time. If there is one child, only one of the two parents can qualify for the status after a divorce. In the past, exemptions were a topic in negotiations because they helped to reduce taxable income. With their elimination, eligibility for child tax credits can become more important.

Marijuana arrests up in the U.S.

On behalf of Greenwood Law posted in criminal law on Friday, September 28, 2018.

Recent years have seen a loosening of marijuana laws in many parts of the county. For example:

Some states have decriminalized certain marijuana offenses
Many states have legalized medical marijuana
A handful of states have legalized recreational possession of the drug

However, recent data suggests that, despite these trends, police here in the U.S remain aggressive in their enforcement efforts against marijuana possession.

Penalties for embezzlement and your need for an attorney

On behalf of Greenwood Law on Monday, September 17, 2018.

Perhaps you work for a government-funded organization or are provided investments from donations to use solely for your position. Yet you make decisions that seem as though you use some of the funds to supply your own needs. Depending on the severity of the poorly-allocated money, you could face embezzlement charges that land you in debt or prison.

Embezzlement constitutes a serious crime in North Carolina. Should you face charges, significant penalties arise if a court finds you guilty of using your company or another individual's funds for your personal use. It is essential, if you face an accusation of embezzlement, that you hire an experienced criminal defense attorney to aid you in lessening and avoiding punishments.

After divorce: Keeping the home or not

On behalf of Greenwood Law posted in divorce on Tuesday, September 4, 2018.

When people in North Carolina decide to divorce, it can be complex to negotiate the financial issues that arise with property division. For women in particular, divorce has been shown in a number of studies to have a wide-ranging impact on their financial future. While men's income appears to rise an average of one-third after a divorce, women do not enjoy the same benefits. In many cases, women's income can decline as much as 20 percent after a divorce and often never rises to its prior level.

However, another study says that divorced women can often be better off financially than single women who were never married. In particular, the study highlights homeownership as a significant factor in determining who does well after the divorce. Women who leave a marriage as homeowners are more likely to hold onto the asset according to the study. Single women who never married are less likely to be homeowners and often have fewer financial assets than those who shared in marital assets during a divorce.

Can the police look through my phone?

On behalf of Greenwood Law on Wednesday, August 29, 2018.

It's no secret that this is a digital age. That means that it's more than likely most of your life exists on your cell phone. For many people, looking through someone's phone is considered a severe violation of privacy.

You know what your privacy rights are for search and seizure of your home or car but you might be worried about what your rights to privacy are in regard to your cell phone. This is a new aspect of law that came along with the rise of technology.

Why drinking and driving is so dangerous

On behalf of Greenwood Law posted in drunk driving on Tuesday, August 28, 2018.

The legal blood alcohol limit for drivers in North Carolina is .08 percent. However, people may be impaired regardless of what their blood alcohol level is. In some cases, they may be too drunk to drive even if they aren't showing any obvious signs of impairment. This is because it can take up to two hours for alcohol to be absorbed into the bloodstream.

Drivers who are impaired may have a slower reaction time compared to those who are sober. They may also lack the coordination to operate a motor vehicle in a safe manner. Depending on how intoxicated people are, they won't have the coordination necessary to stand or walk properly. Other side effects of alcohol consumption include decreased vision or a lack of depth perception.

Splitting assets, debts and other divorce financial issues

On behalf of Greenwood Law posted in divorce on Monday, August 20, 2018.

People in North Carolina who are getting a divorce need to take a number of financial issues into account. In some cases, property division may be more complex than it appears on the surface. For example, some assets may appear as though they have equal value, but one account may be taxed on withdrawal, lowering its actual value, while the other is not.

Many people struggle with what to do about the home because it has an emotional aspect. However, it is still necessary to deal with practicalities such as who will pay the bills for the house until a sale is final if the couple decides to sell it. If one person keeps the house, the divorce agreement does not mean that the person will no longer be considered responsible for the mortgage. The same is true for credit card debts. Creditors will still pursue the person in whose name the debt is regardless of what the divorce agreement says. All of this may need to be addressed.