Real Estate Related Matters

• PURCHASES, SALES, REFINANCES AND CONSTRUCTION LOANS.  Buying or selling a home is one of the most important decisions that you will make, and represents for many people the most significant financial transaction that they are involved in.  We offer assistance in all areas of real estate transactions.  We can assist in drafting real estate contracts and assist in helping you structure the agreement to fit your needs.  Prior to closing, we conduct full title searches to make sure that the title to your property is free from all problems, and we assist in clearing up any title problems that may arise.   We assist in the preparation and review of loan documents to  ensure that not only your interests are protected, but also that you understand what documents your are signing.  If you are the seller of property, we can assist in contract preparation and review, and the preparation of documents necessary to sell your property. Contact Donna Farr for information on scheduling your closing.  

• REAL ESTATE CLOSINGS.  The attorneys at Stone & Christy have many years of experience handling all types of real estate closings.  From relatively simple residential transactions to complex commercial transactions, our attorneys have the experience and track record to successfully meet the needs of buyers, sellers and lenders.

Even a relatively simply transaction can become complicated by title issues.  One of the most important services that our attorneys and staff provide to a buyer is a thorough title search to ensure that the buyer receives title that is not only insurable, but marketable.  We take pride in the fact that we conduct a full title search of the public records, usually searching for a sixty year period.  We do not “tack” to existing title policies except in unusual circumstances.  For example, we may tack if we performed the title search on the underlying policy.  We believe that this provides the best service to clients, and frequently leads to resolving title problems pro-actively, rather than in the future when an unknown or unresolved title problem could prevent a sale or even cause the owner to incur a loss. 

One of our strengths is that we keep our clients and all involved parties as informed as possible at every stage of the closing process.  We do all in our power to make the process as efficient as possible.

To ensure a smooth and successful residential closing, we highly recommend that you review the following information area prior to your closing.  These items address the common concerns that should be addressed for each closing.  See more on the Closing Process and Important Closing Information.  

• HOME OWNERS ASSOCIATIONS and RESTRICTIVE COVENANTS.  We can assist in creating subdivisions, homeowners associations and the creation of general restrictive covenants for land.  Additionally we provide assistance for any legal issues that arise regarding restrictions on property, from legal opinions to litigation of such matters.

Estate and Trust Matters

• ESTATE PLANNING. We assist clients with the creation and implementation of estate plans that control the management and disposition of their assets upon death or disability.  We take pride in our ability to listen to each of our clients, to understand the unique circumstances that each family presents to us, and to provide a plan that will accomplish the result that the client desires.  We have two attorneys with Masters degrees in Taxation, one of whom is a Board Certified Specialist in estate planning and probate law.

We prepare wills, financial powers of attorney, health care powers of attorney, and declarations of a desire for a natural death (or “living wills”).  We also advise and assist clients with designation of beneficiaries of life insurance policies, IRAs and other retirement accounts, and annuities.  The plan may include a revocable trust (or “living trust”) agreement, which can be an effective way to reduce the costs of settling the client’s estate upon the client’s death.  If the client owns a business, we provide advice and assistance with the wide variety of issues that can arise upon death or incapacity, and assist business owners with succession planning.  

We also assist clients with estate planning transactions that can reduce estate tax liabilities that may occur at death.  These transactions include life insurance trusts, family limited partnerships and family limited liability companies, sales or gifts to irrevocable trusts, charitable remainder trusts, and generation skipping transfers.

General Matters

• TAX CONTROVERSIES.  Two of our attorneys hold Masters degrees in Taxation, and three are licensed to practice in the United States Tax Court.  We represent taxpayers who are being audited by the Internal Revenue Service and North Carolina Department of Revenue for any tax matter, including income, estate, gift, and sales and use tax.  We also represent taxpayers (who have not reached a settlement during the audit process) in the United States Tax Court, the United States District Courts (which has jurisdiction over claims for federal tax refunds), the North Carolina Tax Review Board, and state courts.  Although litigated tax cases almost always settle before trial, our trial experience serves our clients well in the negotiation process.

• GENERAL CIVIL LITIGATION.  It is possible that, despite your best efforts to the contrary, you will become involved in a dispute that results in your being sued or your having to file a lawsuit to protect your rights.  We have significant experience in civil litigation, having represented plaintiffs and defendants, individuals and businesses.  We are experienced in insurance disputes, business controversies, land disputes, estate disputes, and most civil issues.  For most matters, we work on an hourly basis, however we do work on a contingency fee basis in cases where there is a substantial likelihood of recovery and we are representing the party likely to recover.  If you do not recover in contingency fee cases, no fee is owed, however you are still responsible for costs.  

• MEDIATION.  The importance and value of alternative dispute resolution in today's legal system cannot be overstated. Litigation, particularly in business and commercial disputes, is expensive and time consuming and often leaves none of the parties with a satisfactory result. All civil Superior Court cases in North Carolina are required to participate in mediation. Bill Christy is certified by the North Carolina Dispute Resolution Commission as a Certified Mediator for Superior Court cases, and is also certified to conduct mediations in guardianship and estate proceedings before the Clerk. Bill’s experience in his practice and as a mediator, along with his commitment to the mediation process, are valuable contributions to the process of mediating your case. Bill is available and actively seeking cases for mediation.

• WORKERS’ COMPENSATION.  Sustaining an injury at work that renders you unable to perform your job duties can be financially devastating.  We can ensure that your rights are protected, keeping you informed throughout the process of handling your claim.  Our fee in a workers’ compensation case is 25% of the recovery we obtain on your behalf.  If you do not recover, no fee is owed, though you would still responsible for costs.  Please contact us if you would like to discuss your workers’ compensation claim.

• MEDICAL MALPRACTICE and WRONGFUL DEATH.  We have experience in handling negligence claims and can efficiently investigate all aspects of your situation in order to effectively prosecute your claim.  We offer a free conference to discuss these types of claims, the anticipated length of time such an action will take, what evidence is necessary, and what elements of recovery are allowed in a given situation.  Please contact us regarding your case.  

• PERSONAL INJURY.  A personal injury is generally a harm caused to a person, such as a broken bone, a cut or a bruise.  The harm can be the result of an attack, motor vehicle accident, or other type of negligence.  Stone & Christy, P.A. has experienced lawyers who handle personal injury claims, helping injured persons to negotiate with insurance companies to settle their claims, and if necessary file lawsuits to recover damages from whomever is responsible for the injuries sustained.  For injuries sustained while working, clients can work with our experienced Workers' Compensation attorneys.  

Common causes of injuries include:

-  Medical malpractice

-  Defective products

-  Workplace injuries

-  Catastrophic injuries

-  Vehicle related accidents

-  Nursing home abuse

Stone & Christy fights to protect the rights of these individuals and their families and helps them get the compensation they need and deserve.  Legal representation is critical for victims of negligence.   Insurance company representatives are frequently on the scene of accidents immediately, gathering and examining evidence, examining witnesses and working to protect the rights of the negligent party.  

Our attorneys draw from years of experience, and, collectively, Stone & Christy has developed a specific and targeted approach to handle personal injury claims. Each case receives a thorough investigation to preserve and isolate key evidence. Stone & Christy then works with experts like engineers, accident reconstructionists, nurses, and doctors to secure evidence for our clients.

• COLLECTION.  We can assist in collecting amounts owed to you whether through negotiation or litigation.  We are experienced in asset searches, collection litigation and post-judgment proceedings to maximize the return of our clients including bank account freezes, execution against a debtor’s assets, and foreclosure.  We also have significant experience in preparing, filing, and enforcing mechanics and materialmens liens under the N.C. General Statutes.  This is an important tool for protecting your right to collect monies, and must be exercised, in most situations, within 120 days of the last date you rendered goods or services to the property in question.  Contact us if we can assist you in collecting funds wrongfully withheld from you.  

• CONTRACTS.  In order to protect your interests, a contract can clarify the responsibilities assigned to each party.  We can review and/or draft contracts for your specific situation to ensure you are protected to the greatest extent possible.   

• GAURDIANSHIP.  We know that sometimes family members lose the ability to care for themselves or to handle their own finances. This is a difficult process for everyone involved. If powers of attorney were not executed before incapacity, then we can initiate legal proceedings to appoint someone to tend to those matters for the incapacitated person.    

• LANDLORD/TENANT.  Many situations involving residential or commercial leases can be resolved efficiently and with less delay and expense when the parties have a comprehensive lease.  We can prepare a lease for you or review the lease you have been asked to sign.  We can also assist you in evicting problematic tenants in the most expedient manner to enable you to get a new tenant moved in as soon as possible.