Hart Law and Social Responsibility

Mae Creadick

By Attorney, M. Mae Creadick

Did you know that when you choose The Hart Law Group, you are helping to support area nonprofits and needy community members?  Since I began work at the Hart Law Group on May 1, 2013, I’ve observed how our dedicated staff is giving back to our community. 

We aspire to live up to the words of the great late Nelson Mandela:

"For to be free is not merely to cast off one's chains, but to live in a way that respects and enhances the freedom of others." 

This year, after leaving fourteen years of legal aid law practice, I feared that I would lose sight of my passion for community service.  Being an effective legal aid lawyer was as much a part of my identity as being a good mom, wife and daughter.  But luckily, I landed at The Hart Law Group.

What has Hart Law done to help our neighbors this year, you might say?  I give you exhibit A:  within the first 26 days of joining the Hart Law Group, our esteemed leader Mary Hart approved my acceptance of two cases from the Mountain Area Volunteer Lawyer (MAVL) program of Pisgah Legal Services (PLS). See www.pisgahlegal.org.  Both cases involved complicated time-consuming litigation on behalf of tenants whose landlords breached the implied warranty of habitability by refusing to make essential repairs to their apartments, causing the tenants to become very sick.  After filing Complaints on behalf of these tenants, the landlord’s counsel requested a jury trial.  Here we go!  It is important to note here that I am just one of hundreds of MAVL attorneys in the PLS service area who donate their time to help PLS’s clients with their most basic needs for safety, housing and essential services.  Observing the generosity of these MAVL attorneys over my years at PLS was truly awe inspiring. 

We also have exhibit B (complete with photographic evidence).  In August 2013, Hart Law sponsored an art auction wine-tasting fundraiser for Pisgah Legal Services following Pisgah’s loss of vital funding to serve victims of domestic violence.  We co-sponsored this event with the wonderful guys at Appalachian Vintner.  Check them out at www.appalachianvintner.com.

Everyone at the Hart Law Group pitched in art, food or funds to help support this fundraiser.  By now, I’m thinking “HOW did I score this AWESOME job?!”  Shortly after the PLS event, our firm decided to host a law conference to assist another area nonprofit, the Campaign for Southern Equality (www.southernequality.org).  Visit www.lgbtinthesouth.com to learn more about this event, titled LGBT in the South: Advocacy Within and Beyond the Law.

Lastly I give you exhibit C:  the staff of the Hart Law Group.  As I now enter my 8^th month as the civil litigation attorney at Hart Law, I’ve observed my co-workers regularly accepting pro bono cases.  Attorneys Joanne Dykes and Mary Hart help MAVL clients with essential end-of-life planning documents and resolve disputes arising out of probate. Real estate attorney Margaret Toms works with MAVL clients on real estate disputes or real estate documents that protect their rights.  The Hart Law support staff is involved in events supporting area nonprofits or those who are less fortunate.  As I write this, I know staff is gathering food and toys for families to adopt for the holidays.

Why is this so important, you may ask?  Because a strong pro bono culture at the Hart Law Group makes us better advocates for our clients.  Our social responsibility makes us an integral part of our community.  Regular community service work strengthens our morale, and enhances our firm’s reputation both in the general public and the legal community.  In addition, a strong public interest law firm is enticing to lawyers with integrity and a strong sense of justice: essential traits in a good attorney. 

I feel fortunate to have found a private law firm that supports the value of pro bono work and supports lawyers who strive to “live in a way that respects and enhances the freedoms of others.”  For more information about The Hart Law Group, visit our website at www.thehartlawgroup.com and “like” us on Facebook.

M. Mae Creadick

I thought keeping my Will updated was sufficient...

"Bob and I were vigilant about ensuring that our Will and Trust documents were up to date.  Being a blended family, we knew the importance of clearly designating our wishes for transferring family assets should something happen to one of us.  We were certain we had done everything right, until Bob suddenly passed away and I found out differently. As it turned out, the large life insurance policy Bob had through his employer of 30 years still had his ex-wife listed as beneficiary. This designation took precedence over what we had carefully constructed in our Will."

Many people incorrectly assume that because they have updated their Will, their final wishes are in place. As a general exception to this belief, beneficiaries designated on financial accounts override the Will.

Best Practice: periodically review beneficiary listings on your financial accounts to ensure they are in accordance with wishes and those expressed in your Will. 

Typical financial accounts that have beneficiary designations include:

• Life Insurance Policies
• Annuities
• Bank Accounts  (these can be co-owned, Payable on Death (POD), Transfer on Death (TOD)).
• Retirement accounts, such as 401ks, IRAs.
• Pension plans
• Stocks, Bonds (including Savings Bonds), Money Market Certificates
• Certificates of Deposit (CDs)

Estate Manager PRO (https://hartlawgroup.myestatemanager.com/), a FREE RESOURCE available via our website, helps you plan, prepare for, and manage life transitions.  You will find best practices (https://hartlawgroup.myestatemanager.com/#step/organize-beneficiary-designations/97) and professionals - when needed, to help you. 

My kids have different strengths...do I pick one or both?

"I love both of my kids equally - but it is clear to me and everyone else for that matter, they have very different strengths.  Kevin is the analytical thinker.  No surprise – he has pursued a career in accounting!  He thrives in situations that require order and logic.  Jamie, on the other hand, is talented also  - but not in finance.  Her emotional intelligence and the ability to perceive the unspoken is amazing!  She can be in a room for less than five minutes and be able to perceive the relational dynamics – even without knowing any of those present.  I’m blessed - two wonderful kids with strikingly different gifts.

Though not done in most families, I decided to utilize both kids, each serving a different role, in creating my Estate Plan.  It makes all the sense in the world.  Kevin will be responsible for handling my financial affairs, while Janie will be the key decision maker with respect to my medical treatment.”

It is often assumed that, as part of an Estate Plan, a single person should be named to handle one’s financial and medical concerns.   Surprisingly, selecting different individuals for financial, legal, and/or medical decisions may be the best choice in certain family situations.

We’ve learned from thousands of families who have been there before.  Taking the time to thoughtfully consider your approach can reduce family tension and stress.  Be sure to consult an estate attorney to determine best options for your circumstance.  Estate Manager PRO (https://hartlawgroup.myestatemanager.com/), a FREE RESOURCE, helps you plan, prepare for, and manage life transitions.  You will find step-by-step education (https://hartlawgroup.myestatemanager.com//#step/selecting-an-executor-or-personal-representative/95) and best practices to help you.