MW&H's Ashley Pinner Talks Estate Planning in Carolina Parent Magazine

McCullers, Whitaker & Hamer, PLLC's very own Attorney Ashley Pinner was recently consulted for an article on the importance of creating a will and estate plan that recently was published in Carolina Parent magazine. Some highlights from the article:

'Attorney Ashley Pinner with McCullers, Whitaker & Hamer in Garner says “a will dictates how your estate, or possessions, will be distributed after your death. It is the legal instrument that can dictate guardianship of your children, set up trusts for heirs and dictate your final resting place.”'

'Attorney fees to set up a will are often lower than what it costs to hire an attorney to “clean up the mess,” Pinner says. “In regard to wills, one often won’t discover that there is a ‘mess’ until it’s too late — at which point he or she is deceased.”'

Follow this link to the full article. http://ow.ly/HFBSM

Campus Disciplinary Actions: Know Your Rights

Follow the link below to read the story of Daniel Mael as told by the fine folks at the Wall Street Journal. Mr. Mael was a student at Brandeis College, who found out the hard way that collegiate disciplinary actions often violate fundamental due process rights of the accused.  It is an interesting read that looks at the disciplinary process in colleges and universities.  Despite the severe ramifications that a student can face in such a tribunal, the lack of protections to the accused is shocking.

Here is the link to the Wall Street Journal’s article . . . . "How to fight the campus speech police, get a good lawyer."

Back in 2013, North Carolina became the first state to pass a statute that mandates a student facing a campus disciplinary issue can have an attorney represent them in the proceedings.  Prior to this law, students were often denied counsel, or any other representative for that matter.  Here is a link to our firm’s blog entry when the The Students and Administration Equality Act (N. C. G. S. §116-40.11) was original passed . . . McCullers, Whitaker & Hamer Blog.

MW&H Announces Annual Toys for Tots Drive

Starting Friday, November 14th, our firm is happy to be a drop off location for Toys for Tots again this year! Please help us bring joyby dropping a brand new unwrapped toy to either our Garner or Clayton office. We will also have a food drive to donate to the Garner and Clayton Area Ministries at this time, so bring by a non-perishable food product as well! Help us do our small part to make this Holiday Season a little brighter for those in need!

On the 70th Anniversary of the Normandy Invasion, A Look Back at Eisenhower's Order of the Day

The link below will take you to an archive of many of President Eisenhower's letters and other presidential writings.  As we celebrate the unbelievable courage of those brave soles who led the charge on June 6, 1944, it is amazing to read some of the primary documents tied to this legendary offensive.

This link will take you to President Dwight D. Eisenhower's Order of the Day.  The text follows, but the plain text transcribed to this blog is not nearly as imposing and awesome as the actual, original document.

"Soldiers, Sailors and Airmen of the Allied Expeditionary Force!

You are about to embark upon the Great Crusade, toward which we have striven these many months.  The eyes of the world are upon you.  The hopes and prayers of liberty-loving people everywhere march with you.  In company with our brave Allies and brothers-in-arms on other Fronts, you will bring about the destruction of the German war machine, the elimination of the Nazi tyranny over the oppressed peoples of Europe, and security for ourselves in a free world.

Your task will not be an easy one.  Your enemy is well trained, well equipped and battle hardened.  He will fight savagely.

But this is the year 1944!  Much has happened since the Nazi triumphs of 1940-1941.  The United Nations have inflicted upon the Germans great defeats, in open battle, man-to-man.  Our air offensive has seriously reduced their strength in the air and their capacity to wage war on the ground.  Our Home Fronts have given us an overwhelming superiority in weapons and munitions of war, and placed at our disposal great reserves of trained fighting men.  The tide has turned!  The free men of the world are marching together to Victory!

I have full confidence in your courage, devotion to duty and skill in battle.  We will accept nothing less than full Victory!

Good Luck!  And let us all beseech the blessing of Almighty God upon this great and noble undertaking.

Signed, Dwight D. Eisenhower"

Can you imagine reading this while contemplating the task before you?  Can you imagine your country, and the free world, calling on you to participate in this "noble undertaking"?

President Eisenhower also penned a note to be read in case of failure.  Thankfully, the sentiment on this note never needed to be expressed.  However, it is somewhat refreshing to read President Eisenhower's last sentence, where he alone accepts full blame if the mission should fail.

On this, the 70th anniversary of D-Day, the law firm of McCullers, Whitaker & Hamer, PLLC, would very much like to offer our sincere thanks and appreciation to all those who served our country so aptly during World War II, and, or course, those men and women who continue to serve our county to this day.

Law Firm of McCullers, Whitaker & Hamer, PLLC, Proud to Sponsor Garner Downtown Sounds

The Law Firm of McCullers, Whitaker & Hamer, PLLC, is happy to again be a sponsor of the Garner Downtown Sounds Music on the Lawn.

The concert series has become a tradition and features some of the best local bands around.  See the Downtown Sounds website for schedule and dates.

"Community Caretaking" and the Erosion of Probable Cause: State v. Smathers

On January 21, 2014, the North Carolina Court of Appeals handed down an opinion in State of North Carolina v. Audra Lindsey Smathers (COA13-496).  The Court of Appeals formally recognized the “community caretaking” doctrine.  As explained below, this doctrine, if used improperly by law enforcement, may provide a method for some law enforcement to circumvent ‘probable cause’ and ‘reasonable suspicion’ standards for stopping and searching a citizen.

The pertinent facts are as follows.  Ms. Smathers was traveling in her automobile at a safe speed.  A police officer was traveling behind her in his cruiser.  The office admits that Ms. Smathers had been driving safely and he suspected no criminal activity.  A dog  ran into the road and Ms. Smathers’ automobile struck the animal.  Ms. Smathers slowed her vehicle, and then continued on at a safe speed.  The police officer feared that Ms. Smathers may have been harmed in the collision and pulled her over to make sure she was safe.

Once stopped, the office suspected Ms. Smathers may be intoxicated.  The officer administered roadside sobriety tests, which Ms. Smathers reportedly failed.  The office charged Ms. Smathers with driving while impaired.

As Americans, we are afforded certain constitutional protections.  The Fourth Amendment of the United States Constitution and Article 1, Section 20 of the North Carolina Constitution prohibit unreasonable searches and seizure.  This right is protected by the doctrines of probable cause and reasonable suspicion, i.e., a law enforcement officer must prove he has probable cause or reasonable suspicion to carry out a search and/or seizure.  If the law enforcement did not have probably cause or reasonable suspicion, any evidence obtained in the search and/or seizure would be suppressed. 

Now, it would seem that the State may be able to make an argument that it was acting under the “community caretaking” doctrine and that evidence that was obtained in violation of a citizen’s constitutional rights may now be admissible.

Follow this link for a full copy of the Court of Appeal's opinion.

Real Estate Closing Fees - Be Wary of Hidden Charges

Real Estate Closing Attorneys in North Carolina typically charge a flat fee for the legal services they provide as part of a real estate closing.  Real Estate Closing Attorneys typically have different flat fees for different types of transactions.  Real Estate Closing Attorneys may charge one flat fee for conducting a residential real estate purchase closing, and a different flat fee for a residential real estate refinance closing.  Most Real Estate Closing Attorneys charge still different fees if a closing or refinance transaction involves commercial real estate.

For a prospective client surveying closing attorneys, there are several factors to keep in mind.

  - When asked to quote their fee for a real estate closing, many attorneys will quote a seemingly low attorney fee for closing, but will add courier fees, title fees or document preparation fees to his/her fee at closing.  It is important to inquire up front if there are additional fees said attorney may charge in relation to closing.  At the law firm of McCullers, Whitaker & Hamer, PLLC, we quote a flat fee that is all-inclusive.  We do not charge hidden fees.  

- Be weary of an attorney whose attorney fee is significantly lower than most other attorneys in your geographical area.  In Wake and Johnston counties, there are a large number of law firms who offer to perform real estate closings.  Some attorneys attempt to charge a very low fee for their services, but, in return, must do an extremely high volume with little support staff as a result.  McCullers, Whitaker & Hamer, PLLC, maintains a robust staff of paralegals, assistants and attorneys to ensure our clients real estate transactions are professionally handled.

- Your seller, lender or real estate agent may refer you to a particular law firm to perform your real estate transaction.  In North Carolina, the Buyer has the absolute right to choose their real estate closing attorney.  In North Carolina, the closing attorney represents the Buyer.  Do not let a third party select the attorney who will represent you, instead make an informed choice.  Call the law firm of McCullers, Whitaker & Hamer, PLLC.

The attorneys at McCullers, Whitaker & Hamer, PLLC, have closed tens of thousands of residential and commercial real estate transactions.  The law firm of McCullers, Whitaker & Hamer, PLLC, maintain fully staffed offices in Garner, Clayton and Cary to better serve the citizens of Wake and Johnston counties.