Deal Moseley di Santi Garrett & Martin, LLP Deal Moseley di Santi Garrett & Martin, LLP 2026-10-16T11:16:34Z https://www.dealmoseleysmith.com/feed/atom/ WordPress /wp-content/uploads/sites/1303816/2024/06/cropped-DealMoseleydiSantiGarrettandMartinLLP-site-icon-32x32.png On Behalf of Deal Moseley di Santi Garrett & Martin, LLP <![CDATA[Selecting the right business structure for your Boone startup]]> https://www.dealmoseleysmith.com/?p=51389 2026-10-13T11:17:07Z 2026-10-16T11:16:34Z The sole proprietorship A sole proprietorship is often the simplest and least expensive way to start a business quickly. It is ideal if you want to start a hobby-based business or test the waters of entrepreneurship with a side hustle. In this structure, the business and the owner are legally the same. This means you maintain full control over day-to-day decisions and keep all profits. However, you also assume personal responsibility for all business debts and legal duties, which can put your personal assets at risk.

The limited liability company (LLC)

An LLC allows your startup to exist as a separate legal entity to help safeguard your personal assets from business debts and liabilities. This formation provides a level of asset protection while offering flexibility through a simple management structure and pass-through taxation. Even with an LLC, it is crucial to keep your business and personal finances separate. Mixing them could put you in danger if you can no longer distinguish between transactions or if business operations result in losses for others.

The S-Corporation election

An S-corporation is a tax designation, not a separate business entity. Owners of LLCs or corporations often use it to reduce tax obligations. Established businesses with steady profits usually benefit most from this structure because it can help lower their overall tax burden. One advantage of an S-corp is that it may reduce self-employment taxes once the business reaches a certain income level. However, it also adds more administrative responsibilities, including payroll requirements and formal meetings. You must be ready to handle those obligations if you choose this option.

Factors to consider before filing

There are several key factors worth considering when deciding on a structure for the business you want to start. One of these is your liability risk: if your business involves physical products, property, or professional services, you may face greater exposure to claims or disputes. Another factor is your future growth plans, including whether you aim to bring on partners or investors later. Reviewing your ability to manage administrative tasks and meet formal requirements can also help you decide which business entity is right for you.

Getting your business off to a great start

Choosing the right business entity is the foundation of your startup’s success and your personal peace of mind. A lawyer can help you ensure you build and structure your business on solid legal ground.]]> On Behalf of Deal Moseley di Santi Garrett & Martin, LLP <![CDATA[Do I need a will if I already named beneficiaries on my accounts?]]> https://www.dealmoseleysmith.com/?p=51386 2026-09-22T09:10:00Z 2026-09-25T09:09:27Z What beneficiary designations actually cover When you name a beneficiary on an account, you create a direct transfer that happens outside of probate, making them a valuable part of your estate plan. A beneficiary designation tells a financial institution who receives a specific account or policy directly after you pass. These designations apply to:
  • Retirement accounts like 401(k)s and IRAs
  • Life insurance policies
  • Bank accounts with a payable-on-death designation
  • Brokerage or investment accounts
For these specific accounts, beneficiary designations do their job well. The process typically moves faster than probate and your beneficiaries can access these funds without court involvement.

The gaps that beneficiary designations leave behind

Beneficiary designations only reach the accounts and policies you attach them to. They don't cover everything you own. Here's what falls through the cracks:
  • Personal property like jewelry, family heirlooms, vehicles and furniture
  • Real estate that you own in your name alone
  • Digital assets and online accounts
  • Any new assets you acquire after setting up designations
Minor children present another challenge. While you can name them as beneficiaries, they can't legally manage money until they turn 18. Without a will, the court decides who controls those funds in the meantime.

Why a will remains essential for complete protection

A will fills the gaps that beneficiary designations leave behind but it also does more than distribute money and property. Beyond distributing property, a will lets you name a guardian for your minor children. This decision shouldn't fall to a judge who doesn't know your family. More importantly, wills also let you appoint an executor to handle your affairs, pay final debts and ensure your wishes are carried out. It catches everything that beneficiary designations miss if there is no will in place.

A complete estate plan needs both pieces

So, do you need a will if you already named beneficiaries? Absolutely. Beneficiary designations work alongside a will, not instead of one. Together, wills and beneficiary designations ensure nothing important falls through the cracks after your passing. A will isn't redundant paperwork. It's the foundation of a comprehensive estate plan that truly protects your loved ones and gives clarity when they need it most.]]> On Behalf of Deal Moseley di Santi Garrett & Martin, LLP <![CDATA[Your neighbor has used your land for years. Can they keep it?]]> https://www.dealmoseleysmith.com/?p=51384 2026-08-17T10:04:44Z 2026-08-20T10:03:36Z When years of use may support an ownership claim Adverse possession depends on how your neighbor has possessed the property over time. In North Carolina, adverse possession generally requires 20 years, although certain claims involving color of title may require seven years. Courts consider whether the possession meets several legal requirements:
  • Actual: Physical use or control that demonstrates possession of the property
  • Open: Visible use that gives the property owner an opportunity to observe it
  • Hostile: A claim to the property that conflicts with the owner's rights
  • Exclusive: Control that excludes others from possessing the disputed area
  • Continuous: Possession that continues throughout the required legal period
The specific use can affect an adverse possession claim because a fence that encloses the same strip of land for decades presents different circumstances than occasional parking or temporary storage.

Why your permission could change the dispute

The word "hostile" can sound more confrontational than the law intends, since your neighbor does not need to argue with you or openly announce a claim to your land. Instead, courts consider whether your neighbor possessed the property under a claim that conflicted with your ownership rights. Permission can change that. If you allowed your neighbor to use part of your driveway, the permitted use may not support a claim of hostile possession. However, the dispute can become more complex when no written record explains why or under what circumstances the use began.

Why proving an old arrangement can become difficult

A boundary dispute may involve an agreement made decades ago, when a former owner allowed a neighbor to use part of the land without recording the arrangement. After the property changes hands, the current owners may give different accounts of what happened or disagree about the original purpose of the arrangement. Courts may examine surveys, deeds and evidence showing how each person used the disputed area. When the people involved in the original arrangement can no longer explain it, physical use and available property records can take on greater importance in determining what occurred.

The story behind the property line can matter

A property line dispute may begin with a fence or driveway, but an adverse possession claim can involve decades of property history. The central issue may extend beyond where a survey places the boundary to include why your neighbor began using the land and how that use continued over time. That history can help explain whether the use began with permission or as a claim that conflicted with the owner's rights. When a boundary dispute surfaces, the origin and duration of the arrangement may become central to determining the nature of the ownership dispute.]]> On Behalf of Deal Moseley di Santi Garrett & Martin, LLP <![CDATA[Can you receive compensation for remote work injuries?]]> https://www.dealmoseleysmith.com/?p=51378 2026-07-14T09:24:17Z 2026-07-17T09:23:28Z How does workers’ compensation apply to remote workers? North Carolina workers’ compensation laws usually cover employees who get hurt while doing their job or because of their work. This protection also applies to remote workers, but proving your claim can be harder when you work from home. The key question is whether your injury occurred while you were performing work-related duties. If you trip while walking to your workplace at home, your injury may not qualify for benefits depending on the circumstances. But if you injure yourself lifting work materials or develop strain from typing, you may have a valid claim. The distinction often comes down to whether the activity that caused your injury was directly related to your job responsibilities.

Which injuries typically qualify for workers’ compensation?

Several injuries can affect remote workers and may qualify for compensation in North Carolina. These injuries develop over time from work tasks and can be just as serious as sudden accidents. Other injuries that might qualify include:
  • Slip and fall accidents in your workspace
  • Repetitive strain injuries from work tasks
  • Work-related mental health conditions, under certain circumstances
Keep in mind that these injuries must be related to job duties. Proving this can be difficult, especially if you work remotely.

How can you prove remote work injuries?

Proving remote work injuries can be difficult. Unlike office settings, you may not have witnesses or security cameras. You should consider reporting any work-related injury to your employer immediately, even if it seems minor at first. Keep detailed records of your work schedule, workspace setup and how the injury occurred. Photos of your workspace, medical records and messages with your employer can all support your claim. Insurance companies may closely scrutinize remote work injury claims. They could argue that your injury occurred as a result of your actions outside of work.

Taking action after a remote work injury

If you get injured while working remotely in North Carolina, it is important to understand your rights. Remote work injuries can be harder to prove, but you may still qualify for benefits if the injury happened during job tasks. Report your injury to your employer and document everything. By establishing a clear connection between your injury and your job duties, you can strengthen your claim to seek the benefits you deserve.]]> On Behalf of Deal Moseley di Santi Garrett & Martin, LLP <![CDATA[3 reasons new parents may need more than a will in North Carolina]]> https://www.dealmoseleysmith.com/?p=51376 2026-06-12T12:39:14Z 2026-06-17T12:38:18Z Welcoming a child into the family changes almost everything. Along with the excitement and new responsibilities often comes a growing awareness of the future. Many parents understand the importance of having a will, but a will alone may not address every concern that comes with raising a young child. For new parents in North Carolina, a more complete estate plan can help protect children and provide guidance during unexpected situations.

1. A will does not cover every medical or financial emergency

A will generally takes effect after death. However, life can bring situations where a parent is temporarily or permanently unable to make decisions due to illness or injury. Some planning tools allow parents to designate someone they trust to manage important medical or financial decisions during unexpected circumstances.  Without these tools, loved ones may face delays and additional legal hurdles while trying to manage important matters. For parents with young children, having a plan for incapacity can be just as important as planning for the future of an estate.

2. Minor children cannot directly inherit assets

Many parents assume a will is enough to leave property to their children. While a will can name beneficiaries, North Carolina law places limits on how assets pass to minors. In some situations, the court may need to appoint someone to manage inherited funds until a child reaches adulthood. Parents often prefer to have more control over how and when assets are used. Other estate planning tools like trusts may help parents provide financial support while setting clear instructions for managing and distributing assets. These options can offer greater flexibility than a will alone.

3. Estate plans can help avoid uncertainty

New parents often want more than asset distribution. They want reassurance that important decisions will reflect their wishes. A comprehensive estate plan can address guardianship, financial management and health care decisions in a coordinated way. It can also help reduce confusion among family members during difficult times. When key decisions are documented clearly, loved ones may be better prepared to handle important matters. 

Planning for the future starts today

A will remains an important part of many estate plans, but it may not fully address the unique concerns that come with raising children. New parents may benefit from reviewing additional planning tools that can provide broader protection for their family. Every family's circumstances are different. Seeking guidance from an experienced North Carolina estate planning attorney can help parents create a plan that reflects their goals and provides peace of mind for the years ahead.]]> On Behalf of Deal Moseley di Santi Garrett & Martin, LLP <![CDATA[You only have bills, loans and a dog. Should you still plan?]]> https://www.dealmoseleysmith.com/?p=51375 2026-05-14T13:22:24Z 2026-05-19T13:22:02Z What can happen if nothing is in writing Most people expect things to sort themselves out, but in practice, the results often look very different:
  • The law treats your dog as property: If you leave no instructions, no one has a legal duty to take your pet.
  • Your lease will still apply: Rent and other terms do not end on their own and may continue to create obligations.
  • Your financial and online accounts may become difficult to access: Even routine tasks like paying bills, closing accounts or managing subscriptions can stall when no one has legal authority to act.
  • Your roommate or partner may not have a say: Living together does not create legal rights, even in long-term arrangements.
  • Your family may need to manage things from far away: If they live out of state, they may face delays, travel demands or difficulty handling your affairs in time.
These situations are not unusual, and they often affect people who are building their lives without putting anything in writing.

When no one has legal authority to act

Many adults live independently, share housing or move between cities, while family members live far away or remain unfamiliar with the details of daily life. If something unexpected happens, the people closest to you may lack the legal authority to step in or act on your behalf. Even so, putting something in place does not require a complex plan. In many cases, people rely on a few basic documents to address common gaps:
  • Will: can outline where your property goes and who may take responsibility for a pet
  • Health care directive: can name someone to make medical decisions if you cannot speak for yourself
  • Durable power of attorney: can allow someone to handle certain financial tasks, such as paying bills or managing accounts
These documents provide direction, reduce delays and make it easier for others to act when needed.

What others may be left to deal with

You may not map out every detail of your future, but the details of your life will still require attention if something happens. Without anything in place, the people closest to you may find themselves waiting, guessing or unable to act while time-sensitive decisions remain unresolved. A few written decisions can give them a clearer path to follow and may reduce delays when decisions need attention You may not think you have much to plan for, but the people in your life may see it differently.]]> On Behalf of Deal Moseley di Santi Garrett & Martin, LLP <![CDATA[3 signs your LLC operating agreement needs to be revised]]> https://www.dealmoseleysmith.com/?p=51365 2026-04-14T13:44:55Z 2026-04-17T13:44:05Z Refining your business model takes real skill. You have listened to your market, adjusted your approach and kept things moving. However, while your operations have evolved, your LLC operating agreement may not have. Under North Carolina's LLC Act, when an agreement does not address an issue, state default rules apply. Those defaults may not match how your business works today. Here are common signs you may need to revise your operating agreement.

Your profit structure no longer mirrors how the business actually works

When your business model changes, your revenue structure tends to change too. Perhaps one member now contributes more than another or new income streams have changed the financial picture. Your operating agreement may not reflect any of that. If your agreement does not address how members share profits, you may find that North Carolina law defaults to distribution in proportion to each member's contributions to the LLC. That default ignores actual contribution, effort and how your business truly operates today.

Decision-making authority has quietly shifted

Pivoting your model often changes who does what inside your business. Someone may step into a leadership role, a new stakeholder may come on board or a member may pull back. Your day-to-day reality shifts, but your operating agreement may still describe a structure that no longer exists. Under state law, your agreement controls whether your LLC runs as member-managed or manager-managed. When that document no longer reflects how your business truly runs, it can create legal uncertainty that works against you.

Your business does things it did not do when you started

New services, new markets and new revenue streams tend to emerge naturally, which means you are reading your market well. Your LLC's Articles of Organization define your business purpose for the public record, while your operating agreement governs internal authority and what members can bind the LLC to do. If your business has moved beyond that original scope, your agreement may not cover what you are doing today. In North Carolina, an operating agreement can restrict or expand what members do on behalf of the LLC. An outdated scope clause can create real legal exposure.

A refined business deserves a refined foundation

Your instinct to keep your business model current should apply to your legal documents too. An operating agreement is a foundation that should grow with your business, rather than a one-time task. Legal guidance may help you assess whether your agreement still reflects how your LLC operates. Keeping that foundation aligned with your business is one of the most effective ways to protect what you have built.]]> On Behalf of Deal Moseley di Santi Garrett & Martin, LLP <![CDATA[3 smart moves when planning for aging parents]]> https://www.dealmoseleysmith.com/?p=51342 2026-03-26T11:29:10Z 2026-03-31T11:28:50Z Understand their wishes First, discuss their desires for healthcare, finances, and end-of-life care. Documenting these wishes through legal instruments like an advance directive or a living will is vital. In North Carolina, an advance directive allows them to appoint a healthcare agent. This person will make medical decisions if they become incapacitated. Without these documents, a court might appoint a guardian, which may not align with their preferences.

Organize their financial records

Next, gather and organize all essential financial documents. This includes bank accounts, investments, insurance policies and property deeds. Knowing where these documents are and understanding their contents simplifies future management. It helps avoid delays in accessing funds or information if a parent becomes unable to manage their affairs.

Designate Powers of Attorney

Finally ensure they have up-to-date powers of attorney. In North Carolina, a durable power of attorney lets them name an agent to manage their financial affairs. A healthcare power of attorney appoints someone to make medical decisions. These documents empower a trusted individual to act on their behalf if they become incapacitated. Without these in place, family members may face complex court proceedings to gain authority.

Securing their legacy

Planning for your parents' later years involves a lot of legal details, and it can feel overwhelming. That's where a good legal guide comes in. They can clear things up for you and make sure all the paperwork follows North Carolina law. They can help families figure out their best options and put together a solid plan that truly matches what your parents want.]]> On Behalf of Deal Moseley di Santi Garrett & Martin, LLP <![CDATA[3 things to consider when setting up a guardianship for your children]]> https://www.dealmoseleysmith.com/?p=51364 2026-03-16T12:18:43Z 2026-03-19T12:17:40Z Planning for your children’s future feels daunting, but it remains the most vital task for any parent. No one likes to imagine a world where they cannot be present. However, North Carolina law allows you to choose who would raise your children in your absence. This technical process requires more than a name on a piece of paper. It demands a strategy to ensure your children remain in a stable home. 

Choosing the Right Guardian

Selecting a guardian involves more than picking a favorite relative. You must evaluate their parenting style and financial stability. Consider if they share your core values. A local guardian provides more stability by keeping your children in their current schools. We recommend you talk to your candidate before you finalize your choice.

Naming a Successor

Life changes quickly, and your first choice might face their own hurdles later. North Carolina law permits you to name successor guardians. This creates a safety net for your family. A backup choice ensures your children never enter the court system while a judge searches for a willing relative. We help you build these layers of protection into your plan.

Funding the Future

A guardian provides the care, but your estate provides the resources. You must decide how the guardian accesses funds for healthcare and education. Many parents choose to separate the role of the guardian from the person who manages the money. This creates a system of checks and balances that protects your children’s inheritance.

Securing Your Legacy

Your children represent your most precious legacy. Vague plans often lead to family disputes or legal delays. A clearly drafted guardianship designation prevents confusion and ensures your wishes carry the weight of the law. A skilled attorney can help build airtight plans for local families. They can identify risks before they become problems, giving you the peace of mind that your family stays protected.  ]]> On Behalf of Deal Moseley di Santi Garrett & Martin, LLP <![CDATA[6 title issues that delay North Carolina real estate closings]]> https://www.dealmoseleysmith.com/?p=51361 2026-02-12T19:10:57Z 2026-02-17T08:44:33Z Real estate transactions often move quickly in North Carolina. If you are buying a home, you may encounter a variety of challenges; and closings can stall for different reasons. Title issues are not uncommon but, depending on when they are discovered, and whether they can be resolved, the closing may be delayed or cancelled.  When you understand why this occurs, you can anticipate potential delays and approach closing with confidence.

Why title problems surface late in NC transactions

North Carolina is a title-closing state- meaning that attorneys handle real estate closings directly. During due diligence, that process includes a title search of county land records to confirm that the seller has the right to transfer the property and that there are no other issues related to ownership or the description of the property that are problematic. The title search often happens shortly after contract execution. Most North Carolina home purchases use NC Bar Form 2-T, which requires the seller to deliver marketable title by closing. Title insurance also plays a critical role, as lenders typically require a policy, and the title search is necessary to identify potential defects that can affect whether title is insurable. There may also be local factors to consider. Many High-Country properties have changed hands within families, passed through estates or include large or rural tracts of land that have not been surveyed recently or, maybe, ever. Old deeds, unclear boundaries and missing records can also complicate the process and could cause delays in closing. 

What title issues most often delay NC property closings?

Some of the title issues that may come to light during a title search include:
  • Unreleased liens or court judgments tied to a prior owner
  • Errors in old deeds that affect who owns the property
  • Boundary or survey conflicts based on outdated descriptions
  • Missing heirs when property passed through an estate
  • Easements or shared access rights that were never recorded
  • Gaps in the chain of title due to missing documents
Each concern must be addressed to the satisfaction of the issuing title insurance company before ownership can legally transfer. Addressing title defects requires communication among the attorneys for the buyer and seller, the parties themselves, possibly their real estate agents, and third parties that may be involved in discovering or remedying the defect(s).  That is why even a small title defect can delay a closing.

What a title delay really means for you

A delayed closing does not always mean a failed deal. In many cases, the concern is technical and fixable. What you may need most is additional time and legal guidance to navigate the review process effectively.  The earlier the title concerns are identified, the better chance a delay may be avoided. Therefore, it is best not to make the due diligence deadline too close to the selected closing date in the parties' contract and/ or to authorize your closing attorney (settlement agent) to proceed with performing a title search asap after contract execution even if due diligence has not expired yet. ]]>