THE COWGIRLS OF HART LAW ARE HITTING THE AIRWAVES

The Hart Law Group will be featured in the documentary series, In America with James Earl Jones, airing on PBS stations

Asheville, NC, August 17, 2015– Asheville law firm, The Hart Law Group, will be featured in an upcoming documentary as experts on the topic of Elder Law in the series, In America with James Earl Jones. Regional PBS stations will air the documentary during the week of August 24^th.

Mary Hart, owner of The Hart Law Group, has a specific interest in empowering people to protect their loved ones and plan for death and disability. She and her attorneys regularly give seminars and donate many hours helping those who cannot afford legal services. They are pleased to widen their audience in educating the community about Elder Law in this documentary. Attorneys Mary Hart and Nicki Applefield will talk about the importance of Elder Law and the many legal issues surrounding aging including Estate Planning, Long Term Care Planning, Elder Abuse, Guardianships and Incompetency, Asset Protection and more.

America’s elder population is growing, with the oldest Baby Boomer turning 70 in 2016. Older Americans face a number of legal issues. We can greatly reduce the financial, emotional and mental stresses caused by these legal issues with proactive planning.

In addition to the documentary, a company profile segment on The Hart Law Group will be airing between August 17^th and 31^st on national networks including CNN, CNN Headline News, MSNBC, CNBC, Fox News, Fox Business Network, TLC and Discovery… These segments will inform the public about the legal services The Hart Law Group can provide.

Mary Hart has been voted the #1 Attorney in Western North Carolina for the past two years by readers of the local newspaper, MtnXpress. An all-female law firm, she and her team refer to themselves as “The Cowgirls” of Hart Law as they take a down to earth, non-traditional approach – and you’ll frequently find them wearing cowboy boots and blue jeans.

The Hart Law Group is an Asheville, NC law firm formed by Mary Hart in 2006. Practice areas include estate and trust planning and administration, probate, guardianships, domestic partnership planning, elder law, residential and commercial real estate closings, transactions and contracts, property disputes, corporate and business law, 1031 tax-deferred exchanges, medicaid planning, and self-directed IRAs.

MEET THE HART LAW GROUP: NOT YOUR GRANDFATHER’S LAW FIRM!

Written by: Attorney, Mary Hart

Remember the old Cadillac commercial: “This is not your grandfather’s Cadillac?” We feel that way about The Hart Law Group. We like to think we are a breath of fresh air in the legal world…not the stuffy, pin-stripe wearing attorneys you see surrounded by marble and mahogany on the TV shows of yesteryear. Many of you reading this may know us, or know of us, but you may not know the backstory – how we came to be, who we are, why we do what we do, and why it matters. After almost 9 years in existence, it is time to rectify that. This is our story!

THE BACKSTORY

In 2006, after 18 years of marriage, I found myself unexpectedly divorced with three young boys, ages 5, 8 and 11, and no job. Although I had previously practiced law for 13 years in Alaska, I had been a stay-at home mom for the year and a half our family had been in Asheville. Suddenly I was a single mom with no earned income. I knew I had to go back to work, and I was fairly sure that my previous experience would allow me to find a job, but I did not want to give up the freedom to be with my children whenever it was important to do so. I wanted to be able to take an afternoon off to be with my boys or to take them to the beach for Spring Break without having to ask permission to leave work. Divorce is hard enough on kids. I wanted to be available for my children whenever they needed me. I spent many sleepless nights trying to figure out how to navigate my new and unexpected world as a single mom Then, in an instant, my life changed when I was given the opportunity to buy a beautiful old house in downtown Asheville. From the moment I saw the building, I had the blinding realization that I needed to open my own law firm and have our law offices in that house! I closed on that house - now the offices of the Hart Law Group - on the 1 year anniversary of my separation and filed the paperwork to start my own law firm. I have never looked back!

The Hart Law Group now employs four attorneys (including me) and 6 staff. We have opened more than 4000 client files since in our almost 9 year existence, averaging 40 files per month since the day we opened our doors! I am very proud of that accomplishment, but I am even more proud of what we stand for and the manner in which we help individuals, families and businesses prevent or solve their legal problems.

OUR MISSION

By Jonas Gerard; Used with permission

We have a very simple mission: to provide exceptional legal services with an emphasis on customer service. That might sound so obvious, but in reality, lawyers are not always the best in the customer service department. There are legions of stories of lawyers who : 1) don’t return phone calls, 2) fail to keep their client apprised of the status of their case, 3) churn out “cookie cutter” documents regardless of the individual circumstances, and 4) treat clients as if they should feel privileged that the lawyer has made time for them. We flip that paradigm on its head. We believe that every client is unique and important. We believe that every phone call and email should be returned within 24 hours or less. We believe in compassion and communication. And, perhaps most importantly, we feel privileged that, with all the choices out there, our clients have chosen us to help them in some of the most important aspects of their lives. We may not always be perfect when it comes to customer service, but we sure try to be!

WHO WE ARE

We are all women. We are mothers, sisters, daughters, wives and girlfriends. We are animal lovers, artists, music lovers, dancers, foodies, outdoor enthusiasts and lovers of books and travel. We donate our time and money for causes in which we believe. We wear blue jeans and cowboy boots and love sitting on the front porch on a Friday afternoon. We are real and we care. We are the cowgirls of Hart Law! WE ARE YOUR LEGAL TEAM! To find out more about each of us and why we are known as the Cowgirls of Hart Law, check out our website: www.thehartlawgroup.com.

WHAT WE DO

The short answer: We prevent or solve legal problems! The longer answer: We work with individuals, families and businesses in the areas of real estate, estate planning, business law, elder law, special needs planning and guardianship, tax, asset protection planning, domestic partnership planning, self-directed IRAs, non-profit corporations and more. We listen. We educate, collaborate, motivate, communicate and advocate. We counsel, plan, assist and implement. We comfort and console. We fight when necessary (with our minds and our words…not our fists)! We care.

WHY WE DO IT

The glib answer: we love stress and are gluttons for punishment! The real answer: Because we care. We are compassionate, caring, loving, and nurturing and we want to use our most valuable resources – our brain power and our time – to make your life better. Pretty simple, really!

WHY IT MATTERS

We know you have choices when you need a lawyer and we want you to choose us. We know that if we truly care about you, your family and your business, and if we treat you with respect, compassion, and excellent customer service, while providing superior legal services, we can earn your business and your trust. Because that matters to us, we should matter to you. If you are still not convinced, here are (with apologies to David Letterman) the Top Ten Reasons to Choose The Hart Law Group.

Thanks for hanging in there and reading this very long article about The Hart Law Group. To find out more about us, visit www.thehartlawgroup.com or give us call at 828-271-4278. We really do answer our phone calls!

Avoid Legal Pitfalls with your Asheville VRBO Listing

More and more savvy visitors to the Asheville area are renting homes and downtown lofts rather than stuffy hotel rooms. Vacation rentals are often much better deals than hotel rooms. Vacation rentals can offer more space to the traveler, better prices and access to a local who can provide them an inside perspective for visiting their city. Now that Asheville is a well-known vacation destination, what better way to increase your monthly income than renting out a room or a property you own? At the same time, you are helping our economy by bringing more tourism to the area. You may also find that your short-term rental can become a long-term rental that provides housing to residents of Asheville.

Before you list your property on VRBO.com, Homeaway.com or Airbnb.com, it is important to seek sound legal advice. There are several issues to consider when listing property for rent by vacationers. Beware of local zoning laws regarding short-term rentals. You may face fines if you are renting property that are not within the zoning laws. In order to protect the affordable housing stock for our own residents, zoning laws only allow short-term/vacation rentals in certain locations. However, even if your property is not zoned to allow all types of vacation rentals, you may be able to lawfully rent a portion of your property if it is owner-occupied, provided your home and rental space meets certain size criteria set out by our local ordinance. There may be permitting fees, insurance and tax considerations. Additionally, under North Carolina law there are several rules that should be followed before you enter into an agreement with a traveler. You need sound legal advice and well-drafted legal documents to protect you from potential liability. Therefore, before you invite travelers into your home or rental, you should consult with a lawyer knowledgeable in vacation rental law.

At The Hart Law Group, we have counseled a large number of real estate investors and vacation rental owners. Our vacation rental legal documents are well-researched and meticulously drafted. We provide advice and assistance with setting up a Limited Liability Company (LLC) to better protect owners from liability. Our attorneys help owners understand how to list their property on reputable websites, and we provide advice regarding insurance matters, permitting, and sales tax and income tax consequences. We provide our clients with short-term lease agreements containing proper notices required under North Carolina law. We keep on top of changes to local zoning ordinances to advise our clients whether their rentals are within the law. We also have expertise and advice to offer outside of legal issues for vacation rentals including current market rates for vacation properties, how to make your vacation property attractive to guests, how to be a good host and how to seek positive reviews from past visitors.

Once you become a vacation rental owner, you may receive inquiries from residents seeking to rent your property long term. This is a common occurrence for our clients as Asheville has a shortage of rental housing. In some instances, our clients may wish to become a residential landlord rather than a short-term vacation rental owner. At The Hart Law Group, our attorneys also have years of experience representing residential and commercial landlords. When our clients decide to rent property to a long-term tenant, we provide detailed advice, draft leases and other documents necessary to become a successful landlord.

When you need an attorney who is experienced and well-qualified in the area of vacation rental law as well as commercial and residential landlord- tenant law, we hope you call The Hart Law Group for a consultation concerning the legal documents, information and advice you need to become a successful vacation rental owner or landlord. For more information about our services, please visit our website at www.thehartlawgroup.com or call us at (828) 271-4278.

Law and Professionalism

Mary Hahn Fetter, daughter of the
late Ward Hendon, accepts the
2014 Professionalism Award
on behalf of her dad.

Written by Attorney Mae Creadick
We’ve all heard dozens of lawyer jokes. For example, “How do you tell when a lawyer is lying? His lips are moving.” Each time I cringe and wonder if we will ever change this public misperception of lawyers. Today at the annual meeting of the 28th Judicial District Bar (JDB), the late Ward Hendon was awarded the Professionalism Award. Mr. Hendon was a lawyer who helped to change the perception that lawyers are the bad guys. I was happy to see this award go to Mr. Hendon and was moved to see his daughter accept the award on his behalf. As an attorney practicing for 12 years with the 28th JDB, I have been exposed to so many wonderful mentors and examples such as Mr. Hendon. Here are some basic professionalism lessons learned over the years:

1. Be courteous to your opponent, witnesses, the court and court staff. 
2. Follow the rules of court and law.
3. Do not criticize other professionals behind their backs. 
4. Be respectful of all individuals regardless of their differences or backgrounds.
5. Do not gloat or talk about yourself. If you win a trial, shake hands with your opponent and compliment his or her efforts. If you lose, do the same thing. 
6. When dealing with serious matters, do not lose your temper. Rather, use a lighter tone of voice and speak slowly and seriously.
7. Be prepared. 
8. Be concise. Do not speak too much, especially when others deserve their turn. Do not interrupt.
9. Make compelling arguments for your client’s case, but don’t judge those who do not believe as you do.
10. Donate your time, your skills and your money to those who are less fortunate.
11. Remember we are human. We need food, sleep, exercise, time with family, and time away from the office. This balance will make us better attorneys.
12. Be honest and ethical. 
13. Do not make promises to your client that you cannot keep.
14. Do not bully; stand up to those who bully others. 
15. Lead by example.
16. Use mediation to help resolve disputes. When appropriate, be flexible and encourage your client to be flexible. 
17. Be patient and persistent. Justice sometimes moves slower than molasses. 

Mae Creadick

In my time working with The Hart Law Group, I have come to know and appreciate that all of the lawyers at the Hart Law Group, strive to meet these standards. At events like the 28th JDB meeting recognizing Ward Hendon for his career of professionalism, we are reminded to honor those of us who stand out from the crowd. At the Hart Law Group, our professionalism helps us maintain our good reputation within the 28th JDB and our community, which in turn makes us better advocates for our clients. Moreover, these values help us to give lawyers a good name. My goal is that one day – hopefully in my lifetime – people will believe that most lawyers are good, honest people who help clients navigate a complicated court system and major life events while maintaining a high level of professionalism.

Hart for Art

Mae Creadick

written by Attorney, Mae Creadick

This past year our own Bonnie Carlin has been organizing “Hart for Art” events: on-site art openings featuring local artists, located at our firm at 93 Church Street in downtown Asheville. On March 21st we hosted Robert Boyer, a young artist whose art is inspired in part by cultural messages of conformity and gender roles. On November 22 of last year, we hosted water-colorist Ben Freeman. We are proud to host artists at our firm, and we’ve had a huge turn-out for these openings. Visit our Facebook page for photos of these past events.

Promoting the arts is a valid service to our community. Through the arts we are able to express our values and inspire others through the beauty or meaning a work of art has to offer. The arts help to support our economy. You can’t walk a block downtown without running into an art or craft gallery, live music, a theater or street performance. According to the U.S. Bureau of Economic Analysis, “arts and culture represent 3.25% of the nation’s GDP – a larger share of the economy than tourism and agriculture.” Store owners that surround these art venues also benefit from the increased traffic.

from the Robert Boyer Reception

Art is good for business. Art drives the tourist bus in Asheville. Where would Asheville’s economy be without the Bele Chere craft shows of the past? Or the beautiful gardens and architecture of the Biltmore House? Due to art and culture, tourists come from around the world to visit Asheville in search of these authentic experiences. A 2014 analysis of Dun & Bradstreet data counts “750,453 businesses in the U.S. involved in the creation or distribution of the arts that employ 3.1 million people—representing 4.2 percent of all businesses and 2.2 percent of all employees, respectively.”

Art is good for our health as well. According to national statistics, “1/2 of the healthcare institutions in the U.S. provide arts programs for patients, families, and even staff. 78% deliver these programs because of their healing benefits to patients—shorter hospital stays, better pain management, and less medication.”

Art also enhances education. My husband and I are lucky to have our child enrolled in ArtSpace Charter School. I truly believe that children are able to enhance their academic performance through the arts integrated education including music, drama, dance and fine arts. According to America for the Arts, “students with an education rich in the arts have higher GPAs and standardized test scores, and lower drop-out rates—benefits reaped by students regardless of socio-economic status.”

Through “Hart for Art” we support local artists like Robert Boyer and Ben Freeman with the hope to improve not only his individual income, but an overall appreciation for the arts. Please join us for our next Hart for Art event on Friday, August 22, 2014 at 5:00pm at 93 Church Street.

LGBT in the South CLE/Conference

Wow, what a conference! Last week the Hart Law Group was thrilled to co-sponsor along with the Campaign for Southern Equality and the National Center for Lesbian Rights the first annual LGBT in the South conference and CLE. Thank you also to the organization and business co-sponsors who helped make this event such a success: Marriage Equality USA, Equality Federation, New Organizing Institute, Human Rights Campaign, Lambda Legal, Gender Benders, SC Equality, Freedom to Marry, Western NC Citizens Ending Institutional Bigotry, Asheville First Congregational United Church of Christ, the National LGBT Bar Association, City Bakery, French Broad Chocolate Lounge, Edna’s of Asheville, Kyle Murphy Photography, Dynamite Coffee Roasting Co., Oskar Blues Brewery, Aloft Hotel, Hotel Indigo, Four Points by Sheraton and The Venue.

Please read below for an excellent summary of the conference from QNotes.

In It Together: Conference focuses on intersectionality in the South

200 attend Asheville conference by Campaign for Southern Equality

More than 200 people attended the conference over Friday and Saturday. Here, a packed house listens as the conference begins on Saturday morning.
Photo Credit: Campaign for Southern Equality.

ASHEVILLE, N.C. — Activists and organizers from eight states across the South gathered in this North Carolina Blue Ridge city Friday and Saturday for the Campaign for Southern Equality’s first conference, “LGBT in the South: Advocacy Within and Beyond the Law.”

Intersectionality was a recurrent theme at the event, filled with information for legal professionals, activists, faith leaders and lay people striving for LGBT rights. The conference was sponsored primarily by Asheville’s Hart Law Group and the Campaign for Southern Equality (CSE).

Friday’s sessions were focused on panels and workshops for legal professionals. As Hart attorney Mae Craedick introduced an early morning line-up of such heavy hitters as Buncombe County Register of Deeds Drew Reisinger, CSE Executive Director the Rev. Jasmine Beach-Ferrara and Shannon Price Minter, keynote speaker and legal director for the National Center for Lesbian Rights, it was clear that this conference was the place to be for anyone serious about procuring and defending LGBT rights in the South.

A first glance at the program led one to believe that the focus (particularly on Saturday) would be on marriage equality with participation not only by the staff at CSE but by such notable speakers as Michael Crawford and Jake Loesch of Freedom to Marry and Marriage Equality USA’s Brian Silva. Indeed, there was a tremendous focus on marriage equality but as highly-respected activist Mandy Carter, co-foudner of Southerners on New Ground and national coordinator of the Bayard Rustin 2012-2013 Commemoration Project, reiterated, “It’s about marriage equality and….”

Read the full article here. 

A New Take on Child Custody Battles

By Attorney, Mae Creadick

Mae Creadick

“Child custody” and “battles” are two words that we wish would never be uttered in the same sentence.  Unfortunately in cases of domestic violence, many parents need an advocate to protect their child from experiencing or witnessing abuse.  From our perspective as parents and attorneys practicing family law, the best option for separating parents is to reach consensus on sharing custody through mediation or collaborative divorce.  At the Hart Law Group, for the benefit of all parties and their children, I strongly encourage clients to choose “collaborative divorce” as the legal option for resolving the end of their marriage or domestic partnership.  In addition, at the Hart Law Group we provide assistance to individuals who are going through dissolution of their relationship where they were never married.

In collaborative divorce, separating parties (with or without children) each have an attorney that will help them navigate the financial, emotional and legal matters involved in divorce.  Both parties sign an agreement to not litigate, thereby agreeing up front to save time, money and the stress of a lawsuit.  You and the other party and your attorneys can contract voluntarily disclose all financial information, to proceed respectfully as you negotiate.  The parties then work with their attorneys, and sometimes an accountant and therapist, to reach a settlement.  The end result is a legally enforceable contract that represents the consensus of both parties.  This contract can resolve all legal issues including child custody, child support, alimony and post-separation support (where applicable) and division of marital property.  These agreements can also apply to unmarried domestic partners who are separating.

Litigating child custody matters should be an absolute last resort.  We believe the non-adversarial process of collaborative divorce, as opposed to litigation, will benefit families in the long run.  Parents who reached an agreement to resolve custody matters are better able to co-parent their child, which can prevent serious trauma for children experiencing the conflict of their parent’s divorce.  Of course, we cannot force the opposing side or his or her counsel to negotiate, and sometimes litigation becomes necessary.  In these cases, we have experience in advising hundreds of clients heading to court, and in cases that do not settle (most do), litigating custody cases with a very high success rate. 

At The Hart Law Group, we handle a broad range of other family law cases including the following matters:

• Separation and Custody Agreements 
• Domestic Partnership Agreements 
• Gay and Lesbian and unmarried partner disputes following dissolution of relationship 
• Divorce, including Collaborative Divorce 
• Equitable Distribution 
• Alimony, Post Separation Support 
• Paternity 
• Custody and Child Support matters 
• Marital agreements 
• Adoptions

We pride ourselves in being caring and informal with our family law clients during a time that we know can be extremely stressful and upsetting. Like you, there is nothing more important to us than our children.  We know that securing you a custody agreement through consensus (rather than a judge’s order) will benefit the entire family in the long run.  We are committed to helping our clients move through divorce smoothly so that they can move on to the next chapter in their lives.  

If you would like a consultation with The Hart Law Group regarding custody or any other family law matter, call for our next available appointment at 271-4278.  

Make Drafting Your Will Your New Year’s Resolution

Mae Creadick

By Attorney, M. Mae Creadick

Many people believe that a Will is a simple document that can be drafted using a form they found online.  Most people assume that their last wishes will be honored after their death.  This is not always the case.  With my client’s permission, here is a cautionary tale:

James (names changed to protect identities) was a well-loved, strong-willed man who liked to do things himself.  A talented and successful businessman, James’ independence and self-reliance had always served him well.  Sadly, James had been diagnosed with pancreatic cancer.  During the long and painful months that followed his diagnosis, James discussed with Christopher, his partner of 17 years that he needed to get his affairs in order.  James wanted to leave his home that he and Christopher lived in together for 17 years to Christopher.  Christopher encouraged James to hire an attorney to draft his Will.  But in his final weeks, James decided to make his Will using a pre-printed form he found on the internet.  James filled in the blanks on the form, printed and signed the Will in the presence of two witnesses and a notary public.  A few weeks after making his Will, James passed away leaving his partner and brother Zack as the only surviving family members.  Although James and Christopher held themselves out to their friends and community as “married,” due to discriminatory laws that prohibit same-sex marriage in North Carolina, James and Christopher were never lawfully married.  Therefore under North Carolina inheritance law, Christopher would not inherit from James without a valid Will.  As most spouses have done, in his Will James left the majority of his estate and his home to his life partner, Christopher. 

Christopher submitted James’ Will to probate, the court process necessary to certify a Will as legally valid and distribute the estate property.  A few weeks later, James’ brother Zack, his only living blood relative, filed a “Caveat” lawsuit to challenge the validity of the Will.  The case was transferred to Superior Court and set for trial before a jury.  In the Caveat pleadings, Zack argued that James lacked necessary mental capacity to make his Will at the time he signed the Will.  Since an attorney had not prepared James’ Will, there was no expert evidence of James’ capacity on the day he signed his Will.  During the most painful time in his life having just lost his soul mate, Christopher was now faced with defending James’ Will in a jury trial, plus tens of thousands of dollars in attorney fees.

With the help of the Hart Law Group, Christopher was able to settle the Caveat case out-of-court.  But the case was only resolved after Christopher had invested considerable time and money.  The worst part of the Caveat experience for Christopher was the emotional distress – the last thing James would have wanted.  After the case settled, Christopher offered to share his story in the hopes that he might help prevent this anguish for another family.

One of the most striking aspects of this whole case is the fact that Zack is also gay.  Given their good family history together, Christopher was completely caught off guard when Zack filed the Caveat.  This case is a good example of why you cannot trust family members who you believe should understand the dynamic of your situation.  Caveats against domestic partners are much more common than they should be, and in Christopher’s case, Zack’s actions came as terrible shock.

So, what can you do to avoid a Will Caveat?  First and foremost:  hire an attorney experienced with North Carolina law and wills, estate planning, advance directives and probate cases.  Online forms do not always comply with state law, and do not take into account the circumstances under which the document is drafted.  The Hart Law Group has a combined 90 years of legal experience in these matters.  We take necessary steps to identify any problems that might give rise to a Will Caveat, and help prevent problems before they arise.  For instance, we can video tape the signing of a Will and have a client examined by a physician in order to help prevent a Will challenge due to mental capacity issues.  We also interview our clients alone and outside the presence (and possible influence) of family members to help prevent a challenge of a Will for undue influence.  In addition, our Real Estate team can assist clients in drafting deeds to provide joint ownership of property and avoid the Probate process completely.  Only experienced lawyers, such as those at the Hart Law Group, should draft legally binding documents for end-of-life planning. 

While preparing your Will, the Hart Law Group attorneys can also assist you with other essential estate planning documents such as a Trust, Power of Attorney, Health Care Power of Attorney and Living Will.  Our Estate Planning team handles both simple and complex estate planning cases. 

Formalizing your wishes in these documents is especially important for LGBT families, unmarried partners and beneficiaries that would not normally inherit under North Carolina law.  The Hart Law Group is regularly involved in educating the public regarding these important estate planning matters.  For example, along with the Campaign for Southern Equality, we are hosting a regional conference on February 28, 2014 titled “LGBT in the South: Advocacy Within and Beyond the Law” where Mary Hart will present a session on Estate Planning Post-DOMA.  Visit www.lgbtinthesouth.com for more information on this conference and to register by February 7, 2014. 

Don’t wait until it’s too late to make these important end-of-life decisions.  For a reasonable fee, our experienced attorneys will provide a full range of services to you.  In the New Year, hire an attorney to take care of these legal documents, then rest easy knowing your family will be taken care of because your wishes will be honored.

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.

Communicating A Loss

"I held the envelope and stared at it for what seemed like an eternity.  Mr. and Mrs. Jerry Townsend - the line pierced my heart.  I know it wasn't sent intentionally to hurt my feelings, but it is hard enough being the first Holiday Season without him.  I didn't expect to be getting cards addressed to us both."

Coping with the loss of a loved one is always challenging – but especially during this season of Joy and Celebration.  For those left behind, even small incidents can cause feelings of isolation.  We've learned from thousands of families who have been there before - details such as notifying friends and family (even distant relatives) often get overlooked.The result can be unexpected, painful moments. 

Learn about best practices(https://hartlawgroup.myestatemanager.com/#step/notify-family-and-friends/10) and helpful tips on subjects such as “notifications”  and other life planning topics at EstateManagerPRO: https://hartlawgroup.myestatemanager.com/, a FREE RESOURCE that helps you plan prepare for and manage life's transitions.

If you are coping with a loss this Holiday Season we are thinking of and praying for you.  You are not alone.  The following ideas may help:

• Offer Yourself Grace: Don’t fall prey to the belief that you should have to feel a certain way.  Allow yourself to feel sad, let the tears flow if they need to, and if a hint of joy and happiness appear – don’t feel guilty about enjoying those moments as well.  Be kind to yourself and allow your feelings to just be what they are, not what you or anyone expect them to be.   
• Ask for and Accept Help: In times of need others want to help – but often don’t know how.  Don’t be afraid to speak up - let them know what you need and how to help you.  If you want to talk about what you are experiencing or just want to be left alone – let them know. 
• Make An Impact: One of the best ways to cope with sadness and grief is to shift the focus to someone else.  Choose a person or organization that could use your compassion and help this season.  Donate your time or financial resources.  You may be surprised at the joy these actions can bring to your Holiday. 
• Remember that this too will pass: As hard as it is right now, you will make it through, and you will be stronger on the other side.  Your pain will not always be as intense and with time it will get easier.

 

2010 Tax Act

February 8, 2011

            As you may know, the Federal government enacted a new tax act at the end of December 2010.  This is an important law in many ways.  It extends the 2001 and 2003 income tax “cuts” until the end of 2012.  It also makes some significant changes to the estate, gift and generation-skipping transfer (GST) tax laws.  This blog will discuss some of those changes.

            The very good news is that almost all of the estate, gift and GST tax changes are favorable.  However, these changes are temporary only and will expire at the end of next year (2012) unless Congress enacts other legislation.  Because relying on Congress to the “right” thing is risky, we think it unwise for taxpayers to plan for the long run based upon these temporary law changes.  Nonetheless, these changes suggest that all taxpayers review their estate plans as many plans may not accomplish the same goals under the new tax laws as the taxpayer might intend.  Also, the temporary tax law changes provide significant planning opportunities which we wanted to bring to your attention.

            The 2010 Act increased the estate, gift and GST tax exemptions to $5 million.  However, under the law as written, those exemptions will drop to $1 million (somewhat higher for GST tax purposes) after 2012.  Different sized exemptions can result in a significant shift in wealth depending upon when someone dies.  If you already have estate planning documents, we suggest you have your documents reviewed to ensure they reflect your wishes no matter what your estate and GST tax exemptions are when your wealth passes to loved ones.

            In addition, the top estate, gift and GST tax rates will be only 35% for this year and next year.  Beginning in 2012, the rates are scheduled to increase to 55% (and 60% for some).  The effective rate of estate and GST taxes also can result in significant changes in what each or your family members receive.  We think it is appropriate for people to review their estate plans for the disposition of their property whether the rates of tax are very high or not.

            Also, we think that it is appropriate for taxpayers to consider using their increased gift and GST tax exemptions soon.  Obviously, for many people, a lifetime gift of $5 million is much too large.  However, a smaller gift using a part of the larger exemption may be wise to consider.  In addition, it is possible for some individuals to create trusts of which they could be a beneficiary but still keep the trust out of their taxable estates.  If you are married, you and your spouse can use part of the $5 million gift and GST exemptions for each other (and other members of your family).  This takes careful planning in the structure of trusts but, properly formed, trust assets can be made available for you and your spouse without causing the assets to be included in either of your taxable estates. 

            You may have read or heard that the 2010 Act allows a surviving spouse to inherit the unused estate tax exemption of the first spouse to die. Some articles in the popular press have contended that this opportunity simplifies estate tax for all but the most wealthy Americans.  That simply is not true.  First, the law that allows for the inheritance of the exemption by the surviving spouse expires at the end of 2012.  So relying on it is not sensible in our view.  Second, even if the inheritance of exemption law becomes permanent, we think it complicates rather than simplifies planning for almost every married couple.

            I hope this information has been helpful to you.  Mary Hart

Introducing EstateManagerWEB

We have recently added EstateManagerWEB to our website.  This is a wonderful resource for those who have a loved one who is dying or has recently died.  This resource is free to the public through our website, http://www.thehartlawgroup.com/. Scroll to the bottom of the homepage and click on the EstateManagerWEB box to learn more.  There you will find instructions on how to use, or help others to use, this resource to organize and simplify those things that need to be taken care of when you lose a loved one. You will find week by week instructions, checklists, and more.  If you have any questions about how to use this resource, or if we can assist you in any way, please feel free to contact us at (828) 271-4278 or via email at maryhart@thehartlawgroup.com.  Have a great day!  Mary Hart

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