Do I Need a Gun Trust?

With all of the controversy surrounding guns and the Second Amendment, it may be smart to look into a gun trust. What exactly is a gun trust?  It is an arrangement where a separate legal entity i.e., a trust, owns the firearms, instead of the individual. White & Allen, P.A. is excited to announce that we now offer our clients the service of establishing a “gun trust”. Our gun trust is designed to own, possess, and transfer NFA (National Firearms Act of 1934) firearms, non-NFA firearms, and fire-arm related accessories in accordance with, among other federal, state, and local laws, the Gun Control Act and the NFA. Our gun trust is customizable and is intended to hold the foregoing property for the benefit of a beneficiary(ies), while affording the Trustee(s) possessory and use rights over the same. 

Some advantages of using a gun trust currently include: No fingerprinting; No photograph; No Chief Law Enforcement approval; Guidance provided in the trust to beneficiary(ies) and the Trustee(s) to help prevent federal, state, and local firearms violations; Mitigation of legal issues surrounding constructive possession; and Privacy.  Allow us to assist you with your gun trust today! Call us at (252)-527-8000 or email mmurphrey@whiteandallen.com for further assistance.

Health Care Power of Attorney

A Health Care Power of Attorney is a legal document that gives a person chosen by you (called your “Health Care Agent”) the power to make decisions pertaining to medical treatment for you if you are unable to do so.

Why would you need a Health Care Power of Attorney?

If you are unable to make your own medical decisions due to mental incompetency, lack of capacity or other circumstances, someone must make those decisions for you. A doctor must determine whether or not you are able to make your own medical decisions. Your Health Care Agent will make those decisions for you. You can advise your Health Care Agent on what treatments and/or procedures you would or would not want. A Health Care Power of Attorney is a way to plan for the unplanned scenarios and emergencies in life. 

Why do I need a lawyer for this?

A lawyer will be able to explain the various powers covered by a Health Care Power of Attorney.  A lawyer will also be able to assist in the proper execution of a Health Care Power of Attorney as well as advise on steps to take once the Health Care Power of Attorney has been signed.

The attorneys of White & Allen, P.A., are ready to counsel and advise you.  Please call  us at (252)-527-8000 or email mmurphrey@whiteandallen.com. 

“Will a lawyer help me when my claim is really small?”

          One should not shy away from finding a lawyer based solely on the fact they have a really small claim.  According to G.S. 6-21.1, in personal injury and property damage cases with claims less than $25,000, attorney fees may be included into the court costs, when the defendants refuse to pay reasonable claims. No matter how small the claim, White & Allen may be able to help you.  
          The attorneys of White & Allen, P.A., are ready to listen and counsel you. In those cases where insurance companies and defendants refuse to treat you fairly, the law may provide you with the option of hiring an attorney.  Don’t fool yourself just because your claim is small. We are careful researchers and tenacious advocates who enjoy taking on difficult cases. For further information, please call us at (252) 527-8000 or email mmurphrey@whiteandallen.com. 

White & Allen Attorneys Named to Super Lawyers List

            White & Allen attorneys C. Gray Johnsey and John C. Bircher have been named to North Carolina Super Lawyers 2013, a listing of outstanding lawyers around the nation who have a notable degree of peer recognition and professional achievement.

          Johnsey is being recognized by Super Lawyers in the categories of Estate Planning & Probate, Tax and Business/Corporate Law. This is Johnsey's second year being selected to North Carolina Super Lawyers. He practices at White & Allen, P.A.’s Kinston office.

          Bircher is being recognized in the categories of Bankruptcy and Creditor/Debtor Rights. This is Bircher's second year being selected to North Carolina Super Lawyers. He practices at White & Allen, P.A.’s New Bern office.

           Johnsey and Bircher have received numerous other honors, including Best Lawyers in America and Legal Elite. Johnsey is a North Carolina State Bar board certified specialist in estate planning and probate law and Bircher is a North Carolina State Bar board certified specialist in Business and Consumer Bankruptcy Law.

          Johnsey and Bircher are both graduates of the University of North Carolina at Chapel Hill. Johnsey holds an MBA from East Carolina University and earned his law degree from Cumberland School of Law of Samford University in Alabama. He received a Master of Laws (LL.M.) in Taxation from the University of Florida. Bircher received his law degree from the Norman Adrian Wiggins School of Law at Campbell University.

          White & Allen, P.A. is a full-service law firm with offices in Kinston, New Bern, and Snow Hill.  The firm has offered a wide range of legal services to Eastern North Carolina for many years.  The firm’s practice includes concentrations on bankruptcy and creditors’ rights, civil litigation, personal injury, commercial law, corporate law, criminal law, elder law, employee benefits, employment law, estate planning and administration, family law, health care law, real estate and tax planning.

White & Allen Attorneys Named in Best Lawyers List

C. Gray Johnsey and Matthew S. Sullivan, both longtime members in the firm of White & Allen, P.A. have been selected for inclusion in the latest edition of The Best Lawyers in America.

Johnsey was selected in the Trusts and Estates specialty and Sullivan was selected in the Product Liability Litigation - Plaintiffs specialty.

Selection to Best Lawyers is based on a peer-review survey comprising more than 2,000,000 confidential evaluations made by top attorneys from all over the United States.  Because no fee or purchase is associated with Best Lawyers or its selections, inclusion is considered to be a unique honor.

 Johnsey has handled tax, probate, and estate and business planning matters in Eastern North Carolina for more than 30 years.  He is a board certified specialist in Estate Planning and Probate Law and a Fellow in the American College of Trust and Estate Counsel.  Johnsey is a member of the Southeastern Trust School Faculty at Campbell University.

           Johnsey received his undergraduate degree (B.A.) from the University of North Carolina at Chapel Hill; his Masters in Business Administration (M.B.A.) from East Carolina University; his law degree (J.D.) from the Cumberland School of Law, Samford University; and his Master of Laws in Taxation (LL.M.) from the University of Florida.

         Sullivan’s practice is concentrated in the areas of catastrophic personal injury, industrial accidents, wrongful death, workers' compensation, commercial and general civil litigation. He is a member of the North Carolina and American Bar Associations, the Eighth Judicial District Bar Association, the Lenoir County Bar Association, the North Carolina Advocates for Justice and The Eastern North Carolina Inn of Court.

Sullivan received his undergraduate degree (B.S., magna cum laude) in administration of justice and public affairs in 1990, at Virginia Commonwealth University in Richmond, Va. He attended Norman Adrian Wiggins School of Law at Campbell University where he was the Wiggins Scholar, Editor-in-Chief of the Campbell Law Review, Paul Dennis Award Recipient, and inducted into the International Order of Barristers. Matt received his Juris Doctor (magna cum laude) in 1995.

White & Allen, P.A. is a full-service law firm that has offered a wide range of legal services to Eastern North Carolina since 1927.  The firm has offices in Kinston, New Bern and Snow Hill.  Its practice includes emphases in bankruptcy and creditors’ rights, civil litigation, personal injury, commercial law, corporate law, criminal law, elder law, employee benefits, employment law, estate planning and administration, family law, health care law, real estate and tax planning.

White & Allen Attorneys Chosen for Legal Elite Honor

White & Allen, P.A. attorneys Ramsay "Tyler" Archie, John C. Bircher,     C. Gray Johnsey and Matthew S. Sullivan have been selected to BUSINESS NORTH CAROLINA magazine’s Legal Elite. 

The magazine’s Legal Elite lawyers are chosen by their peers—more than 20,000 ballots are sent to lawyers all across the state.  About three percent of the state’s attorneys are chosen as the best practitioners, according to magazine officials.

          Ramsay "Tyler" Archie received this recognition in the area of Young Guns. Archie's practice is concentrated in the area of bankruptcy and business litigation. While in law school, Tyler represented and counseled several non-profit organizations as a member of University of North Carolina's Community Development Law Clinic. His experience with non-profit legal issues includes matters related to retaining tax-exempt status, matters dealing with legal restrictions on non-profits and their leadership, and matters before the Internal Revenue Service.

          John C. Bircher received this recognition in the area of Bankruptcy. Bircher's practice is concentrated in the area of bankruptcy and business litigation. He is a member of the Panel of Chapter 7 Trustees for the Eastern District of North Carolina, the National Association of Bankruptcy Trustees, the Bankruptcy Sections of the North Carolina and Tennessee Bar Associations, the Eastern North Carolina Inn of Court and the Eastern Bankruptcy Institute. Bircher is a board certified specialist in both Business and Consumer Bankruptcy.

          C. Gray Johnsey received this recognition in the area of Tax and Estate Planning. Johnsey has handled tax, probate, and estate and business planning matters in Eastern North Carolina for more than 30 years.  He is a board certified specialist in Estate Planning and Probate Law and a Fellow in the American College of Trust and Estate Counsel.  Johnsey is a member of the Southeastern Trust School Faculty at Campbell University.

Matthew S. Sullivan received this recognition in the area of Litigation. Sullivan’s practice is concentrated in the areas of catastrophic personal injury, industrial accidents, wrongful death, workers' compensation, commercial and general civil litigation. He is a member of the North Carolina and American Bar Associations, the Eighth Judicial District Bar Association, the Lenoir County Bar Association, the North Carolina Advocates for Justice and The Eastern North Carolina Inn of Court.

White & Allen, P.A. is a full-service law firm with offices in Kinston, New Bern, and Snow Hill. The firm has offered a wide range of legal services to Eastern North Carolina since 1927.  Its practice includes bankruptcy and creditors’ rights, civil litigation, personal injury, commercial law, corporate law, criminal law, elder law, employee benefits, employment law, estate planning and administration, family law, health care law, real estate and tax planning.

 

 

2012 N.C. Judicial Elections - What Everyone Needs to Know

     Unless you have been under a rock, you know that November 6^th is rapidly approaching and everybody running wants your vote.  It’s pretty easy to stay informed about the candidates and issues involved in the big races for president or governor; however, a lot of voters simply don’t get the information they need to make an informed decision in our State’s judicial races.  This certainly isn’t the voters fault.  Most voters have never had any interaction with our judicial system and understandably do not want to.  Also, judicial elections in North Carolina are non-partisan which means the candidates do not run on any party’s ticket so they do not have attached labels that go along with them.

     This year there are several races throughout the state for District and Superior Court Judge.  Basically, a District Court judge hears a wide variety of cases ranging from divorce/family court, juvenile delinquency, criminal misdemeanors and civil cases involving less than $10,000.00.  Superior Court Judges mainly hear matters involving civil matters usually in excess of $10,000.00 and felony criminal matters.  A really useful tool has been created this year by the North Carolina Bar Association.  The NCBA sent out surveys to all attorneys throughout the state earlier this year that asked very important questions about the candidates running for these judicial seats.  The evaluations were then taken by the NCBA and published in an easy to read format.  These evaluations can be found at www.electncjudges.org and it only takes a few minutes to locate your county of residence and in a few clicks of the mouse you can see who the candidates are and what the attorneys that practice and work with them on a daily basis think about their qualifications to serve as a judge.

     In addition to the races for District and Superior Court Judge, there are four races for seats on our State’s appellate courts.  The appellate courts basically serve as a safeguard to ensure that laws and procedures are applied fairly and properly in the lower trial courts.  There are three seats up for election on our Court of Appeals.  First, Chris Dillon is challenging incumbent Cressie Thigpen, David Robinson is challenging incumbent Linda McGee and Martin McGee is challenging incumbent Wanda Bryant. 

     There is one race for a seat on the North Carolina Supreme Court.  You may have heard a little something about this race between incumbent Paul Newby and Sam Ervin, who currently sits on the Court of Appeals.  Many have called this race the second most important election in our whole state behind the governor’s race.  Although this race is non-partisan, there is a widespread belief that the outcome will potentially influence how our legislative districts are mapped out in the future. 

     Everyone should make their own decision about these races.  Our judges hold a great deal of power and make extremely important decisions that can impact all of us.  It is each voter’s responsibility to find out all they can about each candidate and vote their conscience.  As always, the most important thing is to get out and vote!

     -Article written by Mark Herring, a partner with White & Allen, P.A. in Kinston, N.C. concentrating in both criminal and civil litigation