132 Partlo St, Garner, North Carolina 27529, United States
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.
