Practice Areas
STONE & CHRISTY, P.A. provides legal representation in all civil matters including real estate (transactional and litigation), estate planning and administration, estate-based litigation, general civil litigation, wrongful death, collection, contract, landlord/tenant and minor criminal offenses.
Real Estate
Buying or selling a home is one of the most important decisions you will make, and represents for many people, the most significant financial transaction. We offer assistance in all areas of real estate transactions. We can assist in drafting real estate contracts and help you structure the agreement to fit your needs. Prior to closing, we conduct full title searches to make sure that the title to your property is free from all problems, and we assist in clearing up any title problems that may arise. We assist in the preparation and review of loan documents to ensure that not only your interests are protected, but also that you understand what documents you are signing. If you are the seller of property, we can assist in contract preparation and review, and the preparation of documents necessary to sell your property. Contact Donna Farr donna@stoneandchristy.com for information on scheduling your closing.
DEEDS and EASEMENTS
We can assist you in consideration of the many issues that arise when you wish to transfer property in a non-sales setting. Many people are unaware of the multitude of implications from the transfer of property, including tax consequences. We can help you be informed of all of the consequences, and can help you determine the most advantageous way to structure the transaction.
FORECLOSURES
We can assist you in the process of foreclosing a deed of trust. There are numerous potential “pitfalls” in the process, and we can help answer questions and make sure that this process is properly followed to your best advantage.
LITIGATION
There are many problems that can arise with real estate matters that may involve litigation, including disputes about title defects, boundary disputes, easements and ownership of property. We have experience in helping clients to understand the issues at stake, to understand the options available to address the problems, and to reach the best decision for them about the appropriate approach. Whether you have been named a party to a lawsuit, or need to bring an action, we can assist you.
Estate Planning and Administration
We assist clients with the creation and implementation of estate plans that control the management and disposition of their assets upon death or disability. We take pride in our ability to listen to each of our clients, to understand the unique circumstances that each family presents to us, and to provide a plan that will accomplish the result that the client desires. We have two attorneys with Masters degrees in Taxation, one of whom is a Board Certified Specialist in estate planning and probate law.
We prepare wills, financial powers of attorney, and health care powers of attorney. We also advise and assist clients with designation of beneficiaries of life insurance policies, IRAs and other retirement accounts, and annuities. The plan may include a revocable trust (or “living trust”) agreement, which can be an effective way to reduce the costs of settling the client’s estate upon the client’s death. If the client owns a business, we provide advice and assistance with the wide variety of issues that can arise upon death or incapacity, and assist business owners with succession planning.
ESTATE AND TRUST ADMINISTRATION
We assist Executors and Trustees with administration of estates and trusts. We are experienced in all aspects of trust and estate administration, including probate court proceedings, settlement of estate and income tax liabilities with the Internal Revenue Service and North Carolina Department of Revenue, and settlement of all issues involving creditors and beneficiaries of the estate or trust. We take pride in helping Executors and Trustees to fulfill their many responsibilities and to solve various problems that arise in the course of administering an estate or trust.
ESTATE BASED LITIGATION
With attorneys in our firm who concentrate in estate planning, estate administration, and litigation, we are well placed to assist you with issues that arise from the administration of an estate, whether that involves protection of beneficiary interests, will contests (caveats or dissents), or the removal of administrators or executors for misdeeds or mishandling of the estate. We are also available to help with wrongful death actions, contested insurance claims, collection of claims by the estates against debtors of the estate, and negotiation or litigation of claims against the estate.
Civil Litigation
GENERAL CIVIL LITIGATION
It is possible that, despite your best efforts to the contrary, you will become involved in a dispute that results in your being sued or your having to file a lawsuit to protect your rights. We have significant experience in civil litigation, having represented plaintiffs and defendants, individuals and businesses. We are experienced in insurance disputes, business controversies, land disputes, estate disputes, and most civil issues. For most matters, we work on an hourly basis, however we do work on a contingency fee basis in cases where there is a substantial likelihood of recovery and we are representing the party likely to recover. If you do not recover in contingency fee cases, there is no fee owed, however you are still responsible for costs.
COLLECTION
We can assist in collecting amounts owed to you whether through negotiation or litigation. We are experienced in asset searches, collection litigation and post-judgment proceedings to maximize the return of our clients including bank account freezes, execution against a debtor’s assets, and foreclosure. We also have significant experience in preparing, filing, and enforcing mechanics and materialmens liens under the N.C. General Statutes. This is an important tool for protecting your right to collect monies, and must be exercised, in most situations, within 120 days of the last date you rendered goods or services to the property in question. Contact us if we can assist you in collecting funds wrongfully withheld from you.
ESTATE BASED LITIGATION
With attorneys in our firm who concentrate in estate planning, estate administration, and litigation, we are well placed to assist you with issues that arise from the administration of an estate, whether that involves protection of beneficiary interests, will contests (caveats or dissents), or the removal of administrators or executors for misdeeds or mishandling of the estate. We are also available to help with wrongful death actions, contested insurance claims, collection of claims by the estates against debtors of the estate, and negotiation or litigation of claims against the estate.
General Matters
ORGANIZATION OF YOUR BUSINESS
Choice of entity is a critical choice for any business owner, and involves an analysis of legal, accounting and practical needs for each client. We can assist clients in assessing the various factors to arrive at the best decision of what form to conduct your business. Once the decision has been made, whether it be a corporation, partnership, Limited Liability Company, or sole proprietorship, we can assist filing whatever documents are necessary with the Secretary of State and any appropriate licensing boards. We offer a comprehensive “turnkey” service to have all of the formalities of your business form set up so that you can concentrate on the running of your business. Additionally, we offer services of conducting such meetings as are necessary to keep your business compliant with organizational requirements, as well as annual legal “checkups” to make sure that all of your legal needs are met.
RUNNING OF YOUR BUSINESS
In addition to helping to organize a business, we offer comprehensive services to assist the business owner. Areas of expertise in which we can offer assistance include collection of delinquent accounts (including filing of statutory liens to compel payment), organizing and streamlining the collections process, drafting of employment contracts, drafting of general business contracts, and general legal consulting to businesses. Additionally, we represent many businesses in most general litigation matters that may arise.
COLLECTION
We can assist in collecting amounts owed to you whether through negotiation or litigation. We are experienced in asset searches, collection litigation and post-judgment proceedings to maximize the return of our clients including bank account freezes, execution against a debtor’s assets, and foreclosure. We also have significant experience in preparing, filing, and enforcing mechanics and materialmens liens under the N.C. General Statutes. This is an important tool for protecting your right to collect monies, and must be exercised, in most situations, within 120 days of the last date you rendered goods or services to the property in question. Contact us if we can assist you in collecting funds wrongfully withheld from you.
CONTRACTS
In order to protect your interests, a contract can clarify the responsibilities assigned to each party. We can review and/or draft contracts for your specific situation to ensure you are protected to the greatest extent possible.
LANDLORD/TENANT
Many situations involving residential or commercial leases can be resolved efficiently and with less delay and expense when the parties have a comprehensive lease. We can prepare a lease for you or review the lease you have been asked to sign. We can also assist you in evicting problematic tenants in the most expedient manner to enable you to get a new tenant moved in as soon as possible.
MINOR CRIMINAL OFFENSES
Traffic matters and other misdemeanors can have a startling impact on your ability to obtain reasonably priced auto insurance or even affect your job prospects. We can help by providing effective representation to mitigate the effects of such a charge. Please be sure to contact us as early as possible to allow for appropriate preparation.
