In My Book: Services
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.
Serving the People of Western North Carolina
Clement Firm law offices are in the historic FlatIron Building in downtown Asheville, NC.
Small Business Development, Corporate Law, Real Estate Law, Estate Planning, Wills, Trusts, Probate Administration, LGBTQ Services, Intellectual Property Law, Custom Services See our website for estate planning flat rate packages and more.
NC State Bar Association 28th Judicial District Bar Association North Carolina Advocates for Justice
Real Estate Litigation
Real Estate TransactionsWhen 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.
ExtortionYou may also want to carefully review the copyright status of any images you are currently using to market your business. Currently, there is an epidemic of “copyright troll” companies that search the Internet for infringements so they can aggressively seek damages. Though it is important to protect creative rights, the business practices of copyright trolls sometimes go far beyond the bounds of protection, and have even been analogized with extortion. Unfortunately it is small business owners that tend to fall victim of “trolling”. Often small business owners do not have the resources to create or outsource their marketing and web development from industry professionals. If you receive a threatening letter concerning alleged copyright infringement, you should immediately contact an attorney in order to preserve your rights.
Criminal DefenseAfter 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.
ForeclosureUnlike 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 LawThe 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.
GuardianshipIn the State of North Carolina, in order for a durable power of attorney to be effective after the principal is mentally incompetent, the document must be filed with the office of the Register of Deeds. In the unfortunate case where there is not a power of attorney filed prior to an individual becoming mentally incompetent, then a guardian must be appointed. This is accomplished through the court system by guardianship proceedings. During guardianship proceedings the debts, assets, and mental competence of the principal are examined in the courtroom.
Trusts and Estates
ProbateBy 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.
Estate PlanningClick on the images below for a brief description of each of the most essential basic estate planning documents and the purposes they serve.
WillsWhat kind of medical care would you want if you were too ill to make your own medical decisions? Advanced directives also known as living wills are a type of legal document that defines your decisions about end-of-life medical care ahead of time.
TrustsTrusts 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 AttorneyThe health care power of attorney functions similarly to the durable power of attorney but it pertains to health care decisions instead of financial ones. This document grants your chosen representative the power to make health care decisions on your behalf.
Social Security Disability
Business and Corporate Law
Business DisputesClement 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.
Limited Liability CompaniesThe new Act will apply to all existing LLCs regardless of whether they were formed before or after January 1, 2014. The new Act should have a minimal effect on a LLC that is regulated by a well-written operating agreement. All other LLCs should have their operating agreements reviewed by an attorney to make sure they are in compliance with the new Act. In addition, all limited liability companies should review their filings to make sure they are up to date with the Secretary of State.
Intellectual PropertyGetty Images recently announced they are now releasing up to 40 million images that can be used for “noncommercial” uses in blogs, social media websites and other online uses for free. This is a drastic shift in policy, as Getty Images previously charged for use of any image they hold the rights to. However, this change does not lessen the intellectual property issues that might arise for business owners that use any picture licensed by Getty Images.
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