Tue, 30 Dec 2025 02:54:09 -0500WeeblyWed, 21 Sep 2022 04:00:00 GMThttps://www.harwelllawfirm.com/blog/february-28th-2022If you filed a certificate of assumed name (also called a “DBA” or “doing business as”) for business(es) prior to December 1, 2017, then your certificate will expire on December 1, 2022. In order to continue using your assumed business name, you will need to file a new certificate of assumed business name on the revised form and submit a $26 filing fee to your local register of deeds office.  Your assumed business name will then be searchable in the state database through the North Carolina Secretary of State’s office.   You can do so any time prior to December 1, 2022.  If you fail to file before the December 1, 2022 deadline, you will no longer be able to use the assumed business name. 
 
The reason for the requirement to re-file older assumed names is that North Carolina passed a law effective on December 1, 2017, to create a statewide database of assumed business names, or “doing business as names.”  It simplified filing assumed business name certificates because you are now able to designate multiple counties for conducting business without filing in each county.   You can designate all 100 counties in North Carolina as counties where you do business. This law also required companies using an existing assumed name to refile within 5 years and the deadline is fast approaching on December 1, 2002.
 
Link to Assumed Business Name form:
https://edpnc.com/wp-content/uploads/2017/12/A-NEW-AssumedBusNameCert-final-10.03.17corrected.pdf


]]>Wed, 01 Sep 2021 04:00:00 GMThttps://www.harwelllawfirm.com/blog/probate-also-known-as-estate-administration-may-not-be-necessary

1. Because each situation is different based on the decedent’s assets, debts and expenses, it is usually best to gather as much information as possible and talk with an expert (sometimes bankers or friends tell you that you must probate and it is not needed) who can help you figure out the big picture before you start a process that requires additional money, costs and time that may not be necessary. In some cases clients begin the process and then learn that they responsible for payment of debts and obligations and once those are paid the beneficiaries will get nothing. (Effectively, they do all the work and get nothing!)
   
   
2. Information to gather:

• 1. Death Certificate
• 2. Will and if applicable, Trusts

1. 3.  List and documents related to Asset owned by the person
   1. see https://www.harwelllawfirm.com/ownership-of-assets.html for list of types of assets. You will want to also find out if each asset is owned by the person who died, joint with others or names beneficiaries. (But no need to list each item in the home.
2. 4. List and documents related to Debt and expenses - loans, funeral expenses, taxes, medical bills credit card and other debt, etc.
3. 5. List and information related to real estate (this is often treated in a different way under North Carolina law.
4. 6. Credit report, if possible 
   
   
5. How the assets and debts are handled depends on NC law, the wording of the Will or Trust, and the agreements with the insurance companies, banks, financial institutions, co-owners etc.

]]>Thu, 01 Jul 2021 04:00:00 GMThttps://www.harwelllawfirm.com/blog/july-16th-2019 At Harwell Law Firm, we experienced a situation in which a person died owning multiple safety deposit boxes at several different banks and we were not sure where the original Will was located, but believed it was in one of the safety deposits boxes.  Luckily, the keys to 3 boxes were were located.  Unfortunately, the beneficiaries of the client lived in a foreign country but were visiting for a short time and were leaving the following day.  In order to obtain access to the boxes, I had to obtain orders from the Clerk of Court for each bank/box become allowed to act as a “qualified” person to access the boxes with the beneficiary and bank officials. We then were required to inventory every item in the boxes.  This situation could have been avoided if the client had not placed her Will in a bank safety deposit box. Please review this article for where you should store Wills and other estate planning documents. 
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No Safety Deposit Box]]>Thu, 21 Mar 2019 15:45:20 GMThttps://www.harwelllawfirm.com/blog/2019-llc-annual-report-reminder-notices-from-the-nc-secretary-of-stateIf you are the owner of a company (that is for-profit and not a “professional” company”) authorized to do business in North Carolina, you should file this report by April 15 unless your CPA is handling this for you. In the past these were often handled by CPA’s and Accountants and mailed with tax returns. Now that they can be filed on-line many CPA’s and accountants are not doing them.
To file the report or see if one is due go to www.sosnc.gov
Steps to Filing Your Annual Report Online:

1. Go to www.sosnc.gov. Under Corporations tab, click “File Annual Reports Online”
   
2. Click Search by NAME
   
3.  Enter the company name in the box, then click Search
   
4. Click on the name to view the Information of record for your company.
   
5.  Click the “File an Annual Report” link in blue.
   
6. The online filing process will begin after clicking “File Most Recent Report.”

If you need to change any of the information in the report, you may need to print and sign it and mail that to the NC Secretary of State. 

Also note that this is different than the requirements of holding Annual Meetings or doing company resolutions and placing those records in the company record book.
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Please do not hesitate to contact me if you have any questions. 


]]>Mon, 28 Jan 2019 18:03:33 GMThttps://www.harwelllawfirm.com/blog/invitation-for-discussion-feb-19-2019Harwell Law Firm, PA is hosting an event on Tuesday, February 19, 2019 at 6pm at the Matthews Women’s Club located at 208 South Trade Street, Matthews, NC 28105. We will serve wine and appetizers and discuss the Estate Planning for Owners of Businesses and other Complex Assets. This will be tailored for those who own these assets and those who work with owners of businesses and other complex assets.  Please let me know if you or someone you know would be interested in attending.
]]>Mon, 28 Jan 2019 18:01:14 GMThttps://www.harwelllawfirm.com/blog/january-28th-2019This is a reminder that you should review your estate planning documents periodcially (Financial and Health Care Powers of Attorney, Wills and if applicable Trusts) and review financial accounts and insurance policies to ensure the named beneficiaries are correct and that no changes or updates are needed. This is even more important if you have had any significant life changes within your family since the documents were signed. It is also a good idea to confirm the location of original documents and let those named know where it is. The documents should be in a safe fireproof place, but not in a safety deposit box because access to it may be difficult when needed.

]]>Mon, 28 Jan 2019 17:43:56 GMThttps://www.harwelllawfirm.com/blog/estate-tax-exemptionThe Federal Estate/Death Tax Exemption for 2018 will be $11.18 Million, unless changed by Congress. It will be indexed for inflation over the next few years but revert to a little over $5 million adjusted for inflation in 2026.  If your spouse dies you may need to consider hiring a CPA to help you file an estate/death tax return for portability (applying for your spouses unused portion of the exemption, so that your estate can use it) within 9 months of the spouse’s death if there is any possibility of this tax applying to your estate. Also note, that the Federal Government could change these exemption amounts at any time and in the past the exemption amounts were scheduled to be reduced to $1 million.  ]]>Mon, 28 Jan 2019 17:43:00 GMThttps://www.harwelllawfirm.com/blog/estate-law-changeAs of January 1, 2019, North Carolina increased the amount a spouse is entitled to as spousal allowance out of the personal property when a spouse dies from $30,000.00 to $60,000.00 that is exempt from any liens and creditor claims. This increase will enable more estate clients to avoid probate when a spouse dies provided that the proper estate planning was done and other assets are titled and owned properly.  Please let me know if you want to review how your assets are titled to confirm that they match your estate plan. 
]]>Mon, 26 Feb 2018 17:49:23 GMThttps://www.harwelllawfirm.com/blog/february-26th-2018​The North Carolina Legislature drastically changed the laws related to Power of Attorney. This effects anyone who:

• Has or will sign a Power of Attorney; 
• Is named as an agent in a Power of Attorney; or
  
• Who may be asked to honor a Power of Attorney.
  

I have drafted an Article that summarizes some of the major changes and has a link to the new North Carolina POA law.  

• ​Article re Major Changes to NC POA Law
  

]]>Thu, 10 Aug 2017 18:31:32 GMThttps://www.harwelllawfirm.com/blog/moving-back-to-southparkI am excited to announce that my Law Firm office is moving back to the SouthPark at the end of August. I hope that this will be more convenient for you and most of my clients. 

The new address will be:
    Harwell Law Firm, PA 
    6201 Fairview Road, Suite 330
    Charlotte, NC 28210

This building is on the corner of Barclay Downs Drive and Fairview Road in the SouthPark Mall parking lot.

The phone number, website, email addresses and services will remain the same. e. ]]>