Clement Law Firm Pllc

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Attorneys, Business Law Attorneys, Elder Law Attorneys

(828) 281-8160Visit WebsiteMap & Directions20 Battery Park AveAsheville, NC 28801

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General Info: Clement Law Firm of Asheville, NC specializes in estate planning, business law, and real estate services. We offer high quality legal services in a friendly, comfortable environment in the historic FlatIron Building in downtown Asheville, NC.
Services/Products: Small Business Development, Corporate Law, Real Estate Law, Estate Planning, Wills, Trusts, and Custom Services. See our website for more information preparing you for a productive experience with our firm.
Payment method: cash, check
Location: Clement Firm law offices are in the historic FlatIron Building in downtown Asheville, NC.
Neighborhood: Downtown Asheville
Amenities: Free initial consultation - 30 minutes
Associations: NC State Bar Association 28th Judicial District Bar Association North Carolina Advocates for Justice
Other Link: http://eclementlaw.com
Categories: Attorneys, Business Law Attorneys, Elder Law Attorneys, Estate Planning, Probate, & Living Trusts, Family Law Attorneys, Financial Services, General Practice Attorneys, Investment Advisory Service, Investments, Litigation & Tort Attorneys, Real Estate Attorneys, Wills, Trusts & Estate Planning Attorneys

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Phone: (828) 281-8160

Address: 20 Battery Park Ave, Asheville, NC 28801

Website: http://eclementlaw.com

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Clement Law Firm Pllc

Criminal Defense
After graduation Eva joined the firm Thomas P. Peter II & Associates in Maine as a litigator. Her caseload included criminal defense for adults and juveniles, family law, mental health, business law, civil litigation, probate, and administrative law. She participated in the Maine Volunteers Lawyers Project on the Domestic Violence Pro Bono Panel.

Business and Corporate Law

Business Disputes

Real Estate Litigation
Boundary disputes are the most common types of legal disputes between neighbors. Neighbors commonly often end up in costly litigation over disagreements about the location of fences, trees, and driveways. Neighbors with shared driveways are especially prone to end up in legal disputes over boundary issues—suing over who owns which portion and therefore who has to pay for the upkeep, or people putting fences up and the person whose land is being encroached wants the fence moved and the person putting the fence up doesn’t want to pay for that. I had one case that had to do with whether or not a tree was on someone’s land because a branch fell and damaged a house. If the tree was on the neighboring property—then the neighbor would be liable for the damage on the house. If not then they aren’t.
Real Estate Transactions
When you buy a piece of real estate you receive “title” to that property. The term title refers both to legal ownership and the right to use the property. Unfortunately, certain types of mistakes, or “title defects” can leave the new owner in a situation in which another party also has a valid legal claim to the real estate they purchased. Because of the risks associated with title defects, title insurance has become a mandatory part of the process of acquiring funds from a lender for a residential real estate transaction.
Eminent Domain
If you are buying a property and there has been a taking through the process of eminent domain anywhere in the vicinity, it is of the utmost importance to get a survey. When the DOT takes land through eminent domain they are not required to file a new survey with the register of deeds. You will need to have one completed in order to know for certain the boundaries of your property. Surveys will reveal eminent domain takings that may not be reflected in your legal description of your land. A taking may have happened decades ago and at no point did the owners get an updated legal description or survey.
Easement

Social Security Disability

Trusts and Estates

Estate Planning
You have a will and other estate planning documents. You have stored these documents in a safe location, and your executor knows where they are and how to access them. If this is you, you are to be congratulated for taking care of your family by being prepared. But, there may be a little more work for you to do to make sure that your affairs are handled the way you want them to be.
Wills
Advanced Directives, also known as Living Wills, are estate-planning documents that declare your end-of-life health care decisions. Advance care planning allows you to state your preferences about the type of health care treatments you would or would not want to receive should you become gravely ill or incapacitated. An Advanced Directive only comes into effect when you become unable to make decisions or speak for yourself.
Trusts
Trusts can be an effective estate-planning tool, if they are used properly. There are many specialty trusts designed to meet specific needs: Special Needs Trusts, Education Trusts, Travel Trusts, Pet Trusts
Power of Attorney
The process of being appointed a power of attorney for a family member or loved one can be challenging for a variety of legal and emotional reasons. The prospect of handling the financial or medical decisions for someone you care about when they are no longer capable of doing so can seem overwhelming. But having these powerful documents in place can make incredibly difficult situations much less challenging in the midst of crisis.
Probate
I volunteer with Pisgah Legal Services and Legal Aid of North Carolina by providing pro bono legal services to low-income citizens. A majority of my pro bono work with these organizations has involved Social Security disability or Medicaid issues. However I also provide services for cases involving probate law, landlord/tenant issues, and housing issues.

Bankruptcy
Foreclosure
Unlike other types of insurance, title insurance insures against defects that have happened in the past. Prior to closing, a title search is performed that identifies potential problems with title. Title insurance insures against those risks and also risks that would not come up during a title search. Despite best efforts, there are types of title defects that cannot be found by searching public records. For example, there can be mistakes in public records, improperly probated wills, improper foreclosure sales, fraudulent conveyances, or any number of a wide variety of risks that potentially effect title.
Tax Law
The real purpose of estate planning is so much broader than the estate tax issues. Even a simple will significantly reduces the time and expense of the probate process. In all cases, the probate process is significantly lengthened if no will is in place at time of death. If you do not have a will, your assets will be distributed in a manner determined by the State. As I have written about before, in some instances dying without a will can lead to loss of land—even land that has been in families for generations.

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