Monthly Archives: December 2012

Life Estate Value of Real Property, Partition Attorney in North Carolina

31 Monday Dec 2012

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Life estate in real property. Where there is a partition and/or sale of Real property involving a life estate. There is a motion for partition or partition sale before the clerk of court. A commissioner is appointed to determine if the property can be partitioned (divided) or if it can not be divided, then sold. Afterwards a motion and order to sell the property will occur. Notice of Sale will be made in a paper in the county where real property is located along with notice to all property owners.

Sanders Law Firm, PLLC can assist in a partition sale in North Carolina. Call 336-724-4707. We’ve participated in partitions of raw land with over 150 heirs (yes, that’s right—more than 150 heirs), as well as commercial properties owned by fighting heirs, apartment buildings owned by owners in dispute.  Depending on the property, we’ll do it on a fixed rate or take a commission.

Per NCGS Chapter 46—(Value of a life estate) In all proceedings for partition of land whereon there is a life estate, the life tenant may join in the proceeding and on a sale the interest on the value of the share of the life tenant shall be received and paid to such life tenant annually; or in lieu of such annual interest, the value of such share during the probable life of such life tenant shall be ascertained and paid out of the proceeds to such life tenant absolutely. (1887, c. 214, s. 3; Rev., s. 2509; C.S., s. 3235.)

How life estates can be valued:

Where there is a life estate and a remainder either vested or contingent, in lieu of the investment of the proceeds of the amount determined and awarded as just compensation to which the life tenant would be entitled to the use during the life estate, the court may in its discretion order the value of said life tenant's share during the probable life of such life tenant be ascertained as now provided by law and paid directly to the life tenant out of the final award as just compensation established by the judgment in the cause and the life tenant may have the relief provided for.

 

Art In Winston Opening for Emily Clare & Jacqui Shooter Causey-Byers at Willow’s Bistro on January 13, 2013

30 Sunday Dec 2012

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Art opening for Emily Clare and Jacqui Shooter Causey-Byers. Their collaborative exhibit, Out of the Past, into the New, will be on display at Willow’s through the end of February. Blending photography with graphite and lithographic crayon drawings, Emily and Jacqui have merged the boundaries of their respective images. Please join Jacqui and Emily on January 13 from 4-6pm as they unveil their work. Complimentary appetizers will be available, as will a cash bar.

This show is promoted by Art In Winston http://www.facebook.com/ArtInWinston?fref=ts (Ashley Sanders). For more information and more photos, visit the facebook site.

For Willow’s Bistro’s location, please go to: http://www.willowsbistro.net/

Emily Clare’s bio at http://www.emilyclarestudio.com/asset.asp?AssetID=18119&AKey=ABQTA3L7

Jacqui Shooter Causey-Byers infor at http://www.facebook.com/jcshooterofficial 

 

Cary Bicyclist Who Was Seriously Injured Thinks Driver Was Distracted at Time of Accident

28 Friday Dec 2012

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CARY, N.C. — Cyclist Craig Purcell remained hospitalized at WakeMed Thursday – almost a week after nearly losing his life in a car on bike collision. Mr. Purcell was cycling on Cary Parkway near Kildaire Farm Road in Cary in October when the accident occurred.

"I saw the black car using the left hand turn lane to come across the road," Purcell recalled. "All I could do was brace for impact."

Purcell said the collision’s impact threw him in an opposite direction from his original direction.

"My body hit his car. I could hear it. The next thing I knew, I was flying through the air. I hit the ground. As soon as I hit the ground, I knew I was in trouble," the bicyclist said.

Purcell suffered multiple injuries that includes broken ribs and a collapsed lung. He will undergo months of rehabilitation.

According to the accident report, speed was not a factor in the crash. The driver who crashed into Purcell was cited for failure to yield in a turn. Purcell believes the driver was likely distracted.

Purcell and other cyclists say there are too many accidents and near misses between cars and people on bikes. He's urging more respect and attention to safety.

"I have a right to that road just like any other car does," said Purcell.

By law, Cyclists are required to follow the same rules on the road as drivers, and drivers are required to treat bikes the same way they would any other vehicle.

"Slow down. Share the road. Respect that we're out there, even if you don't like to do it. As cyclists, we have to share the road too," Purcell offered.

Sanders Law Firm, PLLC

336-724-4707

5th Annual Winston-Salem Texas Hold ’em championship

28 Friday Dec 2012

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Tommy Lambeth FoundationThe 5th Annual Texas Hold ’em championship of Winston-Salem will be held at Bibb’s Restaurant ( http://www.bibsdowntown.com ) in their Hickory Banquet Room.

Date: January 27, 2013

Time: 1:00 lunch & 2:00 Tournament begins.

     $60.00 gets you a BBQ lunch at 1:00pm with the Tournament to begin at 2:00 sharp. Otherwise it’s $50 to play with no meal.
Prizes will be awarded (gift cards and items)
     Your charitable donation of the entry fee will go to Tommy Lambeth Charitable Foundation http://www.facebook.com/pages/Tommy-Lambeth-Foundation/300581365841 
     You need to pre-register by emailing wksanders@gmail.com by Wednesday, January 23rd. Checks payable to “Tommy Lambeth Charitable Foundation” when you arrive to play. Include your name. 

The charity sponsors basketball leagues at the Salvation Army’s Boys & Girls club.

If you are interested in donating a gift card or items to be a sponsor, contact Kirk at wksanders@gmail.com 

Wrongful Death Case Amends Complaint to Include Employer of Driver

23 Sunday Dec 2012

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   The Winston-Salem Journal reported on December 22, 2012 that the estate of a rider in a car has made a motion to amend its original complaint to include the employer of the driver. 

   The reason: the driver may have been using his cell phone to make business calls while driving. 
   At the same time of the purported call, it is alleged the driver failed to realize highway traffic was slowing to merge into one lane.
   The amended complaint alleges that the driver's employer wiped all records of the driver's phone logs, including voicemail records, on the date of the accident. The employer stated that it destroyed the data to protect confidential information. The plaintiff's attorney  stated the employer had the option of sending a remote "lock" in lieu of destroying the data.
   In several of Sanders Law Firm cases, the firm has issued spoliation letters putting defendants and potential defendants on notice not to destroy or alter evidence that may be used in trial and during discovery. For instance, the firm has a case where the defendant driver may have been distracted by using a cell phone at the time of the accident. If the evidence is not preserved by the defendant after the spoliation notice letter, then the Court has the power to penalize the defendant in the case. In another case it was used to determine how much a driver had been served by a bar in a dram shop case.
   This spoliation letter needs to be issued as early as possible in the case to gain maximum effect.
CALL SANDERS LAW FIRM, PLLC to discuss your injury case at 336-724-4707

Insulation Recommendation for Home

05 Wednesday Dec 2012

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In the early winter of 2011 we decided that the insulation in our attic was insufficient. This was pointed out by a contractor who said we basically had no insulation. After a bit of procrastination, we bit the bullet and had our attic blown. I compared our natural gas bills and summer electric bills from previous years and there was a dramatic difference in the amount we paid, even with variance in weather between the two years. For instance, in the summer before our attic was blown, I would notice our inside temperature would rise late into the night. Now it stays cooler throughout the day and night, the summer heat doesn’t seep into our house.

The installer we used was Carolina Home Performance (contact info below). They were knowledgeable and have been doing this for two generations in a  family owned business. We looked at several others. They explained that it would take a year or so to recoup the savings. I highly recommend. Also below is an example of the estimate they gave me.

Contact: Matt Marshall, Carolina Home Performance, Inc.

HERS Rater, NAHB Green Verifier, BPI Building Analyst, LEED AP

(336)501-8882

www.CarolinaHomePerformanceInc.com 

     

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 Description of Improvements

Additional blown in fiberglass attic insulation for a cumulative R-38 insulating value.  Excludes insulating on top of floored section.  Includes a wooden barrier to keep insulation in place at edge of upper attic.  Includes insulating attic walls adjacent to conditioned space with R-19 batt insulation.   

Total price $XXXX

 Payment Terms

Payment upon completion.  Estimated time to complete is ½ day.

 Additional items which you may want to consider

Install rigid foam between framing at base of attic wall to prevent air leakage= $75

Install expanding foam around any plumbing and electrical penetrations= $45

Weather stripping around attic door= $40

 Please feel free to let me know if you have any questions or concerns.  If you would like to proceed with this work just let me know and we will schedule it.  Thanks again for the opportunity to provide an estimate for this work.