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Henderson Law

Henderson LawHenderson LawHenderson Law

Real Estate Law

Get the Legal Help You Need with Henderson Law

At Henderson Law, we understand that real estate law can be complex and overwhelming. Our skilled team is here to help guide you through the process and provide you with the legal help you need. Whether you are buying or selling a property, leasing a space, or dealing with zoning and land use issues, we have the expertise to help you achieve your goals.


In North Carolina, the real estate closing process involves several  important steps to finalize the sale and transfer of a property from the  seller to the buyer. The process typically begins once the buyer's  offer has been accepted and the purchase  agreement is in place. 


An essential aspect of the closing process in North  Carolina is conducting a title search and obtaining title insurance. The  title search aims to uncover any existing liens, encumbrances, or other  issues that could affect the property's ownership.  Title insurance is then obtained to protect the buyer and lender from  any undiscovered defects in the title.


Prior to closing, the buyer typically obtains financing  and the lender conducts an appraisal and underwriting to ensure that the  property's value aligns with the loan amount and that the buyer meets  the lending criteria.


At the closing, all relevant parties, including the  buyer, seller, real estate agents, and possibly attorneys and a title  company representative, come together to complete the transaction. The  buyer and seller sign various documents, including  the deed, promissory note, and mortgage, if applicable. Additionally,  the buyer provides funds for the down payment and closing costs, and the  seller receives the sale proceeds.


In North Carolina, an attorney typically oversees the closing process to ensure that all legal and  financial aspects of the transaction are properly executed. Once all  documents are signed, the deed  is recorded with the county register of deeds, and funds are disbursed, the property officially  changes hands, and the transaction is complete.

Estate Planning Services

Legal Services for Estate Planning Matters

Estate planning is the process of arranging and managing  your assets during your lifetime and determining their distribution  after your death. It involves creating a comprehensive strategy to  address various financial and personal matters, ensuring  that your wishes are carried out in the event of your incapacity or  passing. Estate planning typically encompasses several key components,  including wills, trusts, powers of attorney, and healthcare directives.
 
One crucial aspect of estate planning is the creation of  a will, which is a legal document that outlines how you want your  assets to be distributed upon your death. It also allows you to  designate guardians for minor children and specify other  important instructions, such as funeral arrangements.
 
Trusts are another important tool in estate planning,  providing a means to hold and manage assets for the benefit of  designated beneficiaries. Trusts can offer advantages such as probate  avoidance, privacy, and flexibility in asset management.
 
Powers of attorney are essential elements of estate  planning as they allow you to appoint individuals to make financial or  healthcare decisions on your behalf if you become incapacitated. This  ensures that there is someone you trust to handle  important matters in accordance with your wishes.
 
Healthcare directives, including living wills and  healthcare powers of attorney, enable you to express your preferences  regarding medical treatment and appoint a representative to make  healthcare decisions for you if you are unable to do so.
 
Estate planning is not solely focused on financial  matters; it also addresses critical personal and family considerations.  By engaging in estate planning, individuals can better protect their  assets, minimize taxes, and provide for their loved  ones. Furthermore, having a well-thought-out estate plan in place can  alleviate potential family disputes and provide peace of mind, knowing  that one's wishes and interests are safeguarded. Consulting with  experienced professionals is crucial in developing  a tailored estate plan that aligns with your unique circumstances and  goals. 

Business Law

Business Law

 Limited Liability Companies (LLCs) and corporations are two common forms  of business entities, each offering distinct advantages and  characteristics. 


An LLC is a flexible business structure that combines  the limited liability protection of a corporation with the pass-through  taxation of a partnership or sole proprietorship. This means that the  owners of an LLC, known as members, are generally  not personally liable for the company's debts or legal obligations. In  addition, LLCs offer operational flexibility, as they can be managed by  the members themselves or by appointed managers. Furthermore, an LLC can  choose how it wants to be taxed, either  as a disregarded entity, partnership, S corporation, or C corporation,  providing options for tax efficiency based on the business's needs.


Corporations, on the other hand, are separate legal  entities from their owners, known as shareholders. They offer limited  liability protection to shareholders, meaning that the shareholders'  personal assets are typically shielded from the corporation's  debts and obligations. Corporations can issue stock to raise capital,  and they have a perpetual existence, independent of changes in ownership  or management. 


There are two main types of corporations: C corporations  and S corporations. 


C corporations are subject  to double taxation, where the corporation's profits are taxed at the  corporate level, and then dividends distributed to shareholders are  taxed at the individual level. 


S corporations, on the other hand, are  pass-through entities, meaning that income is not  taxed at the corporate level, but rather passed through to the  shareholders and taxed at their individual tax rates.


Both LLCs and corporations offer liability protection  and can enhance the credibility of a business in the eyes of customers,  suppliers, and partners. When choosing between the two, factors such as  the business's long-term objectives, tax implications,  management structure, and ownership considerations should be carefully  assessed to determine the most suitable entity for the specific  business. Let us help you make an informed decision regarding the optimal  business structure for your needs.

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