Transcript
WEBVTT
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Welcome to Topsail Insider, where you can hear all about the businesses and events in the beautiful coastal towns in the greater Topsail area of North Carolina.
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Coming up, today we're interviewing Mariah McKinney.
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A lawyer and partner at Garlock McKinney.
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We'll discuss wills, probates, trusts, guardianships.
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All things we should be thinking about now but tend to put off until it's too late.
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Are you prepared?
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Do you think you might be prepared but don't know for sure?
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Are you currently caught up in a probate situation that has you losing sleep at night?
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If so, stay tuned for this and more.
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Today on Topsail Insider, it's time to indulge and experience the finest coastal hospitality on Topsail Island with Saltwater Resort and Suites in Surf City, North Carolina.
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886 4818 Saltwater Resort and Suites, redefining luxury on Topsail Island.
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Hello everyone.
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My name is Krista and I am your co host today and I'd like to introduce Mr.
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Marlon Weems, a new Topsail Insider co host who has his own podcast experience, is an incredible writer.
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He has an extensive financial and entrepreneurial background, which we will one day be recording Marlon so that people can really get a feel for you.
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Thanks for the, the introduction, Krista.
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I am really excited to be on the team.
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Awesome.
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Our guest today is Mariah McKinney.
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Mariah is a lawyer and a partner at Garlock and McKinney.
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So welcome Mariah and thanks for joining us.
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Thanks for having me.
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before we dive in, I think it'd be good if you gave us sort of a quick overview of the legal services that you provide and then after that maybe we can get into the details of, you know, why these are so important in, in our next segment.
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Yeah, sure.
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Just for a brief summary.
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we do probate administration, estate administration is another way to describe it, guardianships.
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A lot of times that's involving adults who lack, mental capacity.
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They can't really make decisions for themselves.
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So they need the court to appoint someone to do that for them.
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A lot of things involving trusts and wills and proceedings before the court.
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So there's, a lot of people are familiar with.
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a civil action or a traffic court, but there's a lot of things that go on in front of the clerk of court that involves estates and guardianships and probate.
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And so I do, I handle those proceedings.
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Now, I know from our previous conversations, you know, just in terms of your location, you're officially in Topsail, on Topsail Island, or in the Topsail area now.
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But before that, you also had a long history here.
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Maybe you can tell us a little bit about, you know, your transition, I guess, from Western North Carolina to, to Eastern and, and how that all came about.
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Yeah.
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So I'm a North Carolina girl through and through.
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I was born in the Sandhills in Lee County.
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And, my dad remarried and he lived in Wake County.
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So, I graduated from high school in Wake County.
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And then, because I love the beach so much, I went to UNCW because I just had to be as close to the ocean as I could possibly be.
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And that's because my grandparents had worked really hard to work their way to Topsail Island.
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So, they ended up living in Surf City for over 30 years until they both passed away there.
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And so growing up, from the time I was a small child, I just spent as much time as I possibly could with them there on the island.
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If they went fishing, I went fishing.
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they were fishermen, not for income per se, but they did eat what they killed.
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And we loved fishing together.
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They would spend like, you know, nights, midnight, 3 a.
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m., 5 a.
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m., whatever the, the catch was going to be and the time that you needed to fish on the pier, they were out on the pier.
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So they were as much, yeah, as much as they could.
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They worked so that they could then have time to fish.
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Like, so they worked to like basically feed their fishing habit.
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Topswell Island was a huge fishing town for the longest time and just that, that's what you came to Surf City for was to, to fish off that pier and, and off the surf as well.
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Yeah, that's what they loved and that's what they were here for.
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Do you remember some of like the older stores that are no longer here?
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Yes, and they had so many jobs.
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I don't even know like how they worked all the jobs that they worked So they ran the East Coast discount store, which is now the East Coast sporting goods right there underneath the high rise bridge They helped run the Barnacle Bills Pier in different aspects of that business.
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There was a motel near Barnacle Bills Pier before Fran destroyed both Barnacle Bills and the motel.
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They actually ran the motel and flipped over, like cleaned and turned over all of the stays and they had a little.
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It was crazy because it was like up on the second floor of that motel.
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It's like a two story motel and they like built a home residence out like on top of the second story of that and they had this panoramic view of the ocean.
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They were literally just steps from the ocean and they had this Huge glass window and every morning we would just pull back the big drapes and then the ocean was just right there So gorgeous.
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Yeah, it was it was awesome.
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They my grandmother also worked at the IGA And they worked at Seaview Pier.
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I mean they worked everywhere.
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They were just Literally, it was like their heart and soul, you know, the island was just a part of them I know you're, you met your husband and he's from the other side of the state and you referred to him as a mountain man.
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Yep, yep.
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So it's interesting to me, I'd really like to know how you convinced your mountain man to become a beach mom.
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So UNCW doesn't have a law school.
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There's no law schools here on the East Coast, so I had to go back to the Raleigh area And then I graduated from law school and was working in Raleigh with the judicial branch.
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One of my jobs was, I was assistant legal counsel and I actually advised the clerks of court.
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I wrote training procedures for them.
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I helped them make decisions.
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And now that's the practice area that I do.
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So I know it really well from that.
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So he is in the financial department.
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through that same governmental entity, and he just happened to live at the mountains, even though I was a beach girl.
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So that is how much, I loved him that I went to the mountains to be with him.
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And so now it's kind of like my turn.
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He had sons and they were very young and they needed to graduate from high school and have the opportunities in their hometown that they could have to, you know, grow up and graduate and go into the world.
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And now that they are older, you know, they're over 20 and they're in the world, we can now come here to the beach and, and, and do that part.
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Yeah.
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Reciprocate.
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That's right.
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That's right.
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Now you've got family here still.
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I do.
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And what's, what's crazy about it is when I was in Raleigh, it was sort of like my mom and sister moved here.
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As a precursor, because they were like, well, we're all going to eventually be here at the beach.
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And then I moved all the way across the state to the mountains.
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So I, I disrupted the plan.
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Well, my husband disrupted the plan, right?
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It's his fault.
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Put it on him.
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But yeah, so my sister and my brother in law, they live in Sneeds Ferry.
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And my mom lives in Sneads Ferry.
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And then my husband and I, we also have a small rental condo in North Topsville.
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So we get to stay there on the off season.
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We rent it on the on season.
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And a lot of people might know my brother in law.
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his name is Scott, but he's known, as Scotty Strings.
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Oh, I know.
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This is so crazy because as we talked about, my wife, for a couple of years was the, bar manager at the Quartermoon.
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And so part of her, responsibilities was arranging all of the musical entertainment.
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So when you said, you know, my brother in law is kind of well known.
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I was like, I, I'm sure I know this guy and, and I see him all the time.
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Oh my gosh.
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He's so good.
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And, His, his Johnny Cash is, is like primo.
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Yes.
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We have a lot of fun together singing and playing music.
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And so yeah, I love being here, you know, with my family.
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We spend a lot of time together.
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Just from, you know, I guess going back to your, your area of expertise and, you know, whether it's personal or business related, what would you say has been your, your biggest challenge moving, you know, from the West over to the coast?
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I mean, and I guess maybe both personally and, and business wise.
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Yeah.
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I think the biggest challenge was that, you know, sometimes in life you just have wanted something or it's been your dream and you know you want it now.
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And we have had to do this in a period of time.
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We've had to work towards it.
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So I've actually been coming to work remotely here for long periods of time since 2015.
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So I would come for two weeks and then I would try it for a month and then I'd say, oh, this is, this could work.
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Two months and thankfully my law partner is so great.
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We complement each other so well and from the beginning of us coming together there I said, now listen, I'm on a five year plan and in five years I'm, I'm going to the, I'm going to the beach.
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When these kids graduate from high school, it didn't happen exactly in five years, but I started working towards that.
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And so I would say that's probably been the most challenging thing is figuring out how to do it slowly.
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And you know, a lot of people just move and they're just there now.
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And we haven't done that, that way.
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But it's also been cool because it's given us this transition period of time where, you know, a lot of times if you just quit, you know, you quit what you're doing and you move, you have that period of grief.
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A lot of people say after about six months, you kind of grieve the loss of where you left.
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And so we're not really going to have that so much as we've kind of worked towards it.
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You kind of segwayed into it.
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Yeah, so the challenge has worked out.
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Not quite as painful.
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But you had to exercise your patience.
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It sounds like your patience.
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And basically packing up, you know, if you go, I go back to the mountains sometimes for two weeks or three weeks, depending on what's happening and you're, you have to pack up everything you're going to need.
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So you're almost like moving three times a year, which is.
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Crazy.
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That's challenging.
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It's building lots of character.
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That's a good positive spin on it.
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That's right.
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So why don't we talk and maybe dig in a little bit to, into your primary areas of business.
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And as I understand it, You, you've got four sort of buckets of business, wills, probates, trusts, and guardianship.
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So why don't you tell us a little bit about each one of those and what, struggles or how hard or easy each one, is, or maybe even talk about how important it is to sort of prepare for those things sooner rather than later.
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Yeah.
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probate and guardianship.
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are the things that once you get into that place, you're, you're before the court.
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So you're at the default level.
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So it's a, it's kind of like almost like you failed to plan to avoid someone else making decisions for you.
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So when you get into probate and guardianship, you're talking about super costly.
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You know, contested estates, you can see multiple attorneys coming in, representing multiple people, and you can see hundreds of thousands of dollars in legal fees.
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Sometimes that couldn't be avoided, but sometimes it could have been avoided if the intentions were made known and if the estate plan was written in such a way that it worked the way that the person intended.
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And so a lot of the things can be avoided.
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A lot of those costs can be avoided.
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I think a lot of people, including myself, we haven't come up against those issues yet in our life.
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I'm fortunate enough to have both of my parents, as is my husband.
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So we don't really understand.
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We know that everyone needs a will, but I don't understand probate.
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I don't understand trusts and guardianship as well.
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So can you kind of explain that to the people who Really just think we need to write something like, I leave this to this person and we think we're done when we're really not.
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Yeah, that does kind of go into a real technical area.
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I can just say to you the most simple way to describe probate is that it's the process of collecting everything that's owed to a person, finally, after they pass.
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Paying off all the debts and finalizing their final tax returns.
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And yes, people think that you don't have to file tax returns once you die, but, you know, someone else has to actually file that one for you, so taxes do survive you.
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And then, the probate is that process where whatever's left over after you settle all those things, you then transfer it to the proper people.
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So, what I could say about a will is there's a lot of technical things that would make it valid.
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There's a lot of technical things that could go wrong to make it invalid.
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There's also ways that you can write it or plan to minimize probate and that is all a part of the comprehensive services that I give my clients is I help them get that right.
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So, a lot of people think, well, if I have a will or I just write something down, I avoid probate.
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I'm taken care of.
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But that's not true.
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A will just helps the beginning of the probate process go easier, and it also helps make it clear during the process.
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But avoiding probate or minimizing probate is something that you actually do with a experienced estate planning attorney, and that's asset per asset planning.
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A will doesn't do that for you.
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Sometimes, a trust.
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Can be involved in doing that and helping with that process, but It really is a process.
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I use that word a lot with clients because it's not a one and done.
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You don't just do a will and you're done and everything's taken care of.
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Well, it is for you because you won't be here, but your family is going to be very upset.
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Yeah.
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Powers of attorney are the documents.
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that you get in place, and it names the people that you choose to make those most important, most personal decisions for you.
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And because my law partner is actually the public guardian in Buncombe County, and, and that's in the Asheville, Black Mountain, And what that means is, is when the documents aren't there, or the documents fail, or somebody's exploiting someone, the court appoints him to manage people's finances.
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So he's actually, the financial guardian of about 65 people.
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And we have probably about 40 or 50 special needs trusts.
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So, we are helping manage, the most vulnerable population's money.
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He sees to it that all their bills are paid, that their, you know, nursing home or their facility or if they're in a care home or group home and that, you know, even if they need a cell phone.
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Like, it's down to that.
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And so, think about that.
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You make all those decisions for yourself, right?
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You have the freedom to choose how you spend your money.
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Well, what if somebody else was doing that for you?
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Do you want the court to tell you who's going to do that or do you want to put that in writing yourself and get it right and make sure that document works the way that you want it to?
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And so that's really the guardianship part of it.
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We want to avoid guardianship as much as possible.
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It's difficult to fully avoid probate in North Carolina, but you can substantially minimize that impact.
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But we want to stay out of guardianship court.
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Because we don't want the court telling us how we can and cannot spend our money on our own health care.
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Are you saying if someone hasn't assigned a power of attorney to a family member, they can actually choose to assign power of attorney to a lawyer?
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Like for the special needs cases that you were talking about, are you saying that you are the power of attorney for These people and you manage that for them if they don't have a family member in place to do that for them.
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It's actually a really good question.
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There are people that don't have people they trust to do those things.
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We won't do the healthcare decision making in a healthcare power of attorney.
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There are some entities that will do that.
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We will sometimes do the financial.
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under a financial power of attorney.
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But in the situation I was talking about with my law partner, When someone is disabled, in order for them to be able to have some money that maybe somebody gave to them, and then also be on government assistance, that it has to be in a special type of trust that's called a special needs trust.
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Okay.
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And so my law partner is actually a trustee, which is different than a power of attorney.
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A trust is, is kind of like a business, is how I try to get people to understand it.
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Think about a business, it owns things, it might have a bank account, and then there's a document that says how that thing is supposed to run.
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Interesting.
00:18:27.123 --> 00:18:28.053
That's what a trust is.
00:18:28.063 --> 00:18:28.633
Interesting.
00:18:28.813 --> 00:18:29.482
Thank you for that.
00:18:29.563 --> 00:18:29.932
Yeah.
00:18:30.593 --> 00:18:34.292
So I was going to ask you about your partner, Victor Garlock.
00:18:34.492 --> 00:18:34.752
Yeah.
00:18:34.752 --> 00:18:37.313
So he's on the other side of the state.
00:18:37.313 --> 00:18:37.353
He is.
00:18:37.843 --> 00:18:41.853
It's almost like, you know, like a long distance relationship you guys have.
00:18:42.232 --> 00:18:43.623
So how's that going to work?
00:18:43.692 --> 00:18:49.813
Well, it's funny that you say that because I remember there was a time when we first got the Black Mountain office there.
00:18:50.323 --> 00:18:52.452
We both worked remotely before that.
00:18:52.462 --> 00:18:56.722
So that, working remotely feels so natural to us because that's how we had done things.
00:18:57.012 --> 00:19:01.883
Well, so he decided he would come in on Tuesdays and Thursdays to the office.
00:19:01.913 --> 00:19:08.563
That would be like his meeting with clients, seeing me, meeting with his case managers that help him with the guardianships and trusts.
00:19:08.563 --> 00:19:11.623
But then Mondays, Wednesdays, Fridays, he would continue the work remote.
00:19:11.952 --> 00:19:14.472
But then I was like, well, I'm in Black Mountain.
00:19:14.553 --> 00:19:16.163
Our office is a mile down the road.
00:19:16.242 --> 00:19:18.192
I'm just going to go to the office every day, you know.
00:19:18.728 --> 00:19:24.038
And so there was a, a time where it came up that he was going to come in on a Friday or something.
00:19:24.228 --> 00:19:29.127
And I said, listen, the way that this marriage works is you only come Tuesdays, Thursdays.
00:19:31.147 --> 00:19:36.958
So, just jokingly, but no, we, the way that we do things is we're just there for each other.
00:19:37.387 --> 00:19:48.577
When a big decision needs to be made, we just get on the phone or if we happen to be in the same geographical location, we'll get together and maybe have a little bourbon, maybe some cigars.
00:19:48.577 --> 00:19:48.948
Okay.
00:19:49.778 --> 00:19:51.978
And we make our best decisions like that.
00:19:51.978 --> 00:19:53.048
You're speaking my language now.
00:19:53.048 --> 00:19:53.458
We do.
00:19:53.468 --> 00:19:54.367
We'll get together.
00:19:54.488 --> 00:19:56.407
We have to start at 2.
00:19:56.407 --> 00:20:00.472
and then about 5 o'clock we Turn on the cigars and and the bourbon.
00:20:01.073 --> 00:20:18.788
but that's we just you know We're just there for each other and we don't really need to be physically in the same place I mean lots of law firms have multiple offices in multiple places And they still function and run just fine and that was part of it is that we just started talking about how would this work and Testing it.
00:20:18.788 --> 00:20:34.877
Like I said, it wasn't like just ripping the band aid off I slowly did this so we were able to work out some kinks about hey How's this working and we check in with each other several times a year We'll have one big meeting once a year where I just say it's just you know, it's just still working, right?
00:20:34.877 --> 00:20:41.232
We kind of have an agreement that if the costs ever outweigh the benefits It's either one of us can just get out if we need to.
00:20:42.182 --> 00:20:45.442
Sounds like you have, you have a, a pretty great relationship.
00:20:45.512 --> 00:20:46.242
We really do.
00:20:46.452 --> 00:20:47.163
We really do.
00:20:47.373 --> 00:20:52.343
So in terms of your business here, I assume you have a physical location.
00:20:52.343 --> 00:20:57.823
I mean, how do, how do people that want your services, get in touch with you or, or contact you?
00:20:57.873 --> 00:20:58.313
Yeah.
00:20:58.313 --> 00:21:12.468
So the best way to reach me is through our website and that is Garlock, G A R L O C K, the word and, A N D, McKinney, M C K I N N E Y dot com.
00:21:12.857 --> 00:21:15.288
So if they do that, they can just send me a message.
00:21:15.607 --> 00:21:15.887
Okay.
00:21:15.917 --> 00:21:16.827
And then I'll call them.
00:21:16.988 --> 00:21:18.488
Or, they can call me.
00:21:18.798 --> 00:21:22.438
I have a 828 number, but it comes directly to me.
00:21:22.728 --> 00:21:24.057
That number's on the website.
00:21:24.472 --> 00:21:36.212
we do lease an office space at Innit Realty right now in Sneeds Ferry, but most of the time, you know, if my clients are in Hampstead or Surf City or wherever, Jacksonville, they just want me to come to them.
00:21:36.542 --> 00:21:37.623
So I just do that.
00:21:37.932 --> 00:21:43.133
And then if we have to do a will signing, we have to have two other witnesses that aren't related to them.
00:21:43.472 --> 00:21:47.992
And Sneeds Ferry, we have to go somewhere that's convenient for them anyways.
00:21:48.417 --> 00:21:51.738
So, no, no walk ins or people just showing up at your office?
00:21:51.788 --> 00:22:04.657
We don't do walk ins because I just find that to be a really inefficient way to, to practice law and I also think that it takes away from my other clients, so I really cater and customize my schedule to what my clients need.
00:22:05.298 --> 00:22:11.567
Okay, and I know this maybe it's kind of touchy but in terms of the cost or the price and structure How does that work?
00:22:11.667 --> 00:22:12.407
Yeah, sure.
00:22:12.877 --> 00:22:26.343
So Probate and guardianships as I said, you can see multiple lawyers in that hundreds of thousands of dollars If you work with me for a probate or guardianship, it's going to cost, you know, probably twenty thousand dollars And it goes up from there.
00:22:26.363 --> 00:22:30.403
It's just how much time is involved and my rate is 3.
00:22:30.403 --> 00:22:31.752
25 an hour.
00:22:31.893 --> 00:22:35.022
However, our charges are transparent.
00:22:35.032 --> 00:22:43.232
So my clients know up front what the terms are and they know as we're going through the process how much they're paying, how much we're charging.
00:22:43.452 --> 00:22:47.712
We don't charge more money unless the client is okay with it and approves it.
00:22:48.508 --> 00:22:52.938
Are always communicating with our client about money and how much does it cost?
00:22:54.067 --> 00:22:56.057
Well, we try really hard to avoid that.
00:22:56.428 --> 00:23:02.438
And then if someone wants to do a will with me for the basic estate planning, which still includes comprehensive advice.
00:23:03.053 --> 00:23:10.782
We get down to the details for a couple, it starts at 1500 and then for individual a thousand or so.
00:23:11.133 --> 00:23:15.603
And I would just tell people, you know, if you're looking for cheap, right.
00:23:15.623 --> 00:23:17.123
It's going to cost you more later.
00:23:17.782 --> 00:23:19.952
And if you're okay with that, you're okay with that.
00:23:20.202 --> 00:23:22.653
But you know, I don't do cheap wills.
00:23:22.653 --> 00:23:23.891
That's just not my thing.
00:23:23.891 --> 00:23:25.873
Not trying to be the low cost leader.
00:23:25.873 --> 00:23:29.722
And I, you know, I worked in two probate offices as well as being.
00:23:29.988 --> 00:23:34.248
I'm the associate legal counsel for the clerks of court, so I really know probate well.
00:23:34.508 --> 00:23:41.798
So the prices that we charge is very competitive with other lawyers that would have the same type of experience.
00:23:41.798 --> 00:23:44.807
I still think I probably beat some of their prices.
00:23:45.093 --> 00:23:49.752
But what you get when you work with me is really worth what you're paying.
00:23:50.192 --> 00:23:55.063
So now that you have the office here, are you hiring staff or is it just you?
00:23:55.083 --> 00:23:55.623
How's that?
00:23:55.833 --> 00:23:57.482
Right now it's just me here.
00:23:57.803 --> 00:24:00.603
And our staff in Black Mountain, they're awesome.
00:24:00.643 --> 00:24:04.542
So they can support me whatever I need, even if they're remote.
00:24:04.782 --> 00:24:09.863
I am not looking to hire right now, but we'll see, you know, maybe sometime next year.
00:24:10.492 --> 00:24:24.788
So the way that we make decisions is We just sort of try to look at what's happening, and like I said, we check in several times a year, my law partner and I, and so, if it seemed like the clients here were needing more than what I could give them.
00:24:25.363 --> 00:24:28.452
Then we would talk about, can we hire someone and can they do that?
00:24:28.452 --> 00:24:35.643
But what we don't want to do is hire a lot of warm bodies, but the client's needs aren't being met at the level that I think that they need.
00:24:35.833 --> 00:24:38.192
So we're really careful about how we grow.
00:24:38.563 --> 00:24:53.472
I remember from our earlier conversation that you also stated that you tend to dive in to probate and, and will issues that are already kind of in the process of being worked out and they got really messy.
00:24:54.077 --> 00:24:59.557
And it's, it's become like a big ordeal and those are, that's what you thrive in.
00:24:59.567 --> 00:25:02.018
Like you dive in and you clean up the mess, kind of.
00:25:02.018 --> 00:25:08.847
Can you tell us a little bit about that and like, are you taking these over from other lawyers or is it just, it's, it starts out messy?
00:25:08.907 --> 00:25:12.268
Or did someone else make a mess of it and then you decided to clean it up?
00:25:12.478 --> 00:25:12.917
Yeah.
00:25:12.938 --> 00:25:18.208
So I am one of the lawyers that will help people when it's already started.
00:25:18.238 --> 00:25:21.518
A lot of law firms will say, you have to start with me.
00:25:21.518 --> 00:25:21.538
Okay.
00:25:21.917 --> 00:25:24.837
And that way, they know they can control the process.
00:25:25.067 --> 00:25:31.258
But what happens in estates a lot of times is, there are a lot of things that you can anticipate.
00:25:31.268 --> 00:25:33.708
You have to do a certain step.
00:25:34.317 --> 00:25:39.657
But throughout that process, you could have, for example, a creditor you didn't know about.
00:25:39.887 --> 00:25:40.887
You have to deal with that.
00:25:41.587 --> 00:25:50.048
And sometimes those kinds of issues just blow up so quickly, and it's kind of like quicksand and the person just gets, you know, sucked up by it.
00:25:50.528 --> 00:25:53.718
So, and it goes off the rails quickly.
00:25:53.728 --> 00:26:05.022
So I do really enjoy, I hate it that people have to be in those situations, but once they do get themselves in those situations, Then I do really like helping them out of it.
00:26:05.032 --> 00:26:06.873
So I'll just work with them.
00:26:06.982 --> 00:26:10.712
We just put in the hard work, even when something goes awry.
00:26:10.972 --> 00:26:14.333
You know, for example, this has happened a couple of times.
00:26:14.863 --> 00:26:22.252
So you go into the courthouse and you open your estate, and then you go through your whole thing.
00:26:22.262 --> 00:26:23.432
You pay the bills.
00:26:23.782 --> 00:26:25.063
You distribute all the money.
00:26:25.633 --> 00:26:27.583
You assume you're doing everything correctly.
00:26:27.593 --> 00:26:28.153
The clerks.
00:26:28.557 --> 00:26:30.597
office cannot give legal advice.
00:26:30.627 --> 00:26:32.107
They give you a packet of papers.
00:26:32.107 --> 00:26:33.357
They give you a brochure.
00:26:34.048 --> 00:26:38.597
Well, there's so many different ways that the wording in that brochure can be interpreted.
00:26:38.958 --> 00:26:44.798
And so the clients do things and they go to file what's called an accounting with the court.
00:26:44.807 --> 00:26:47.738
The court actually audits every single thing to the penny.
00:26:47.768 --> 00:26:50.678
You can't even round up or down like you can with the IRS.
00:26:50.688 --> 00:26:51.627
They're worse than that.
00:26:52.147 --> 00:26:54.137
So yeah, they file their documents.
00:26:54.833 --> 00:27:00.932
And they don't know until after they've done it all, if they're doing it themselves, that they've done it wrong.
00:27:01.413 --> 00:27:05.762
And then the clerk's like, you've done it wrong, but we can't help you fix it.
00:27:05.863 --> 00:27:06.823
You need a lawyer.
00:27:07.542 --> 00:27:14.423
So they've already paid money out, they've already done these things, and they come to me and they're just so upset.
00:27:14.682 --> 00:27:16.472
They're worried they're going to go to jail.
00:27:16.752 --> 00:27:20.502
They don't know, you know, they're just, it's really sad.
00:27:20.512 --> 00:27:23.042
And so what I do is I help them make it right.
00:27:23.472 --> 00:27:25.343
And sometimes they have to pay money.
00:27:26.202 --> 00:27:28.492
out of pocket because they did something wrong.
00:27:28.563 --> 00:27:30.212
They, they didn't mean to.
00:27:30.623 --> 00:27:34.163
It wasn't intentional, but they have to make it right.
00:27:34.532 --> 00:27:40.242
And so I help them, I help advise them and coach them along and encourage them to get it right.
00:27:41.053 --> 00:27:42.222
It's just so interesting.
00:27:42.893 --> 00:27:49.563
I've actually been there indirectly with a relative and we thought she had really planned well.
00:27:49.573 --> 00:27:51.903
I mean, they had the will, etc.
00:27:52.153 --> 00:28:05.452
But back to your earlier point, She lived a long time, and you know, 89, 90, she just wasn't able to handle her affairs and we had to go through that guardianship conversation.
00:28:05.542 --> 00:28:13.323
Fortunately, one of my brothers was able to get the court to allow him to take over, and fortunately he's trustworthy.
00:28:13.323 --> 00:28:22.502
So it worked out, but it's a very complicated situation, and I would not Want to try to do it myself.
00:28:22.996 --> 00:28:28.536
One example of it, what could happen if someone doesn't have a financial power of attorney.
00:28:29.096 --> 00:28:36.115
And I don't mean to sound scary, because it's going to be a scary situation, but we see this all the time.
00:28:36.256 --> 00:28:40.506
Since my law partner is, you know, a financial guardian for so many people.
00:28:40.836 --> 00:28:43.566
So husband and wife buy their home together.
00:28:44.036 --> 00:28:46.905
On the deed, they are a married couple, husband and wife.
00:28:47.546 --> 00:28:52.750
If one of them passes away and they don't have a will, Their home will go to the survivor.
00:28:52.921 --> 00:28:53.611
No big deal.
00:28:55.141 --> 00:29:04.955
But, if one of the spouses was in an accident, and we've seen this happen so many times, and they became unconscious.
00:29:05.385 --> 00:29:07.385
They then became brain damaged.
00:29:07.685 --> 00:29:14.806
They could no longer do anything like sign over property or sell property or pay their own bills.
00:29:15.205 --> 00:29:18.205
And this couple doesn't have financial powers of attorney.
00:29:19.365 --> 00:29:24.776
The other spouse cannot sell the marital home without.
00:29:25.846 --> 00:29:27.746
filing a lawsuit against their spouse.
00:29:27.756 --> 00:29:29.675
It's called an incompetency proceeding.
00:29:29.675 --> 00:29:30.796
Oh my gosh.
00:29:30.806 --> 00:29:34.435
They have to file a guardianship against their spouse.
00:29:34.645 --> 00:29:38.185
The court appoints a lawyer for the spouse to represent the spouse.
00:29:38.385 --> 00:29:40.465
It's called a guardian ad litem and it is a lawyer.
00:29:41.101 --> 00:29:44.830
It's not a guardian ad litem like in DSS child support.
00:29:45.290 --> 00:29:49.520
So that lawyer then represents the spouse against their spouse.
00:29:49.520 --> 00:29:56.830
A lot of times it works out being not against, but from a legal perspective, we need to understand it's adversarial.
00:29:56.921 --> 00:29:57.320
Right.
00:29:57.550 --> 00:29:58.111
On paper.
00:29:58.121 --> 00:29:58.530
Yeah.
00:29:58.861 --> 00:30:02.840
So then once the court says, okay, fine, you can be the guardian.
00:30:03.671 --> 00:30:07.861
You still have to account to the court for how you spend each other's money.
00:30:07.861 --> 00:30:16.881
So this joint account that you, you used to have together where you share money, you now split your money and you have to pay your spouse's bills separately.
00:30:17.141 --> 00:30:18.280
Can't buy joint food.
00:30:18.290 --> 00:30:18.871
You can't pay that.
00:30:19.480 --> 00:30:20.480
It has to be separate.
00:30:20.510 --> 00:30:23.661
And then, and then you still can't sell the house.
00:30:24.105 --> 00:30:29.816
You have to file yet another proceeding and request the court to give you permission to sell the other half.
00:30:29.925 --> 00:30:35.566
So we're talking how much money after that, 30, 000, 40, 000, 50, 000.
00:30:35.566 --> 00:30:41.695
So because maybe somebody doesn't want to do their documents or they want a cheap power of attorney, a do it yourself one.
00:30:42.056 --> 00:30:44.645
They're now on guardianship court because it, it failed.
00:30:44.875 --> 00:30:49.205
And that's the thing that I would like to help people avoid the most.
00:30:49.266 --> 00:30:50.246
That is scary.
00:30:50.756 --> 00:30:51.125
It is.
00:30:51.125 --> 00:30:52.855
I don't believe people know about this.
00:30:52.895 --> 00:30:53.776
No, certainly not.
00:30:53.776 --> 00:30:55.586
They don't until they do.
00:30:55.586 --> 00:30:56.036
I have never heard this before.
00:30:56.036 --> 00:30:57.296
They don't until they do.
00:30:57.316 --> 00:30:57.336
Yeah.
00:30:57.336 --> 00:30:58.115
And it's too late.
00:30:58.645 --> 00:30:59.086
Wow.
00:30:59.215 --> 00:30:59.566
Okay.
00:30:59.566 --> 00:31:01.806
Well, thanks for, thanks for that.
00:31:01.806 --> 00:31:03.195
Yeah.
00:31:03.195 --> 00:31:03.846
Moving on.
00:31:04.006 --> 00:31:04.215
Yeah.
00:31:04.215 --> 00:31:07.296
Don't wait until you have to, you know, do that.
00:31:07.296 --> 00:31:08.425
Don't wait until it's too late.
00:31:08.576 --> 00:31:14.806
Well, this is why a lot of people, they don't know that that's a possible scenario, but they do hear you have to have those things.
00:31:14.816 --> 00:31:17.476
So they go and get them, but some people don't.
00:31:17.516 --> 00:31:20.915
And those are the people who actually, unfortunately go through that situation.
00:31:21.361 --> 00:31:24.980
And I guess that's the folks that show up at your door.
00:31:25.060 --> 00:31:25.570
Yeah.
00:31:25.931 --> 00:31:31.211
And we'll help them, and I'm glad to help them, but I want to help people avoid having to do that.
00:31:31.250 --> 00:31:31.570
Sure.
00:31:31.580 --> 00:31:37.156
But it's good that people like you are around, though, too, because, That is one heck of a mess.
00:31:37.307 --> 00:31:37.817
It is.
00:31:38.126 --> 00:31:48.057
And I think this is a very important episode and, and I thank you for explaining that in such detail because really I feel clueless and after that now I'm, I'm also scared.
00:31:48.696 --> 00:31:52.916
I've learned a lot, but, um, yeah, I've definitely got to make some plans too.
00:31:54.136 --> 00:31:56.057
Well, I have my business cards with me.
00:31:56.057 --> 00:31:57.037
Yeah, we'll take some.
00:32:04.507 --> 00:32:05.747
Let me, let me ask you this.
00:32:05.767 --> 00:32:11.027
What, you know, as you talk about this and you've done a lot, I just wonder, where do you see the business?
00:32:11.432 --> 00:32:12.271
Five years from now.
00:32:12.271 --> 00:32:14.021
What what are the plans for the future?
00:32:14.352 --> 00:32:40.001
Yeah, I mean, I I love to help people with complicated things, you know in my practice area So I am just super grateful to be able to be in this place that I've dreamed of being in You know for so long and be able to bring with me this experience that I have and this knowledge that I have and to like offer these services to help the people here and the citizens of our great, you know, Topsail area.
00:32:40.011 --> 00:32:42.251
And so that is so exciting to me.
00:32:42.612 --> 00:32:51.102
I don't like it that people go through hard things, but I feel very fortunate to be able to be one of the people that can help them through some of those things.
00:32:51.461 --> 00:32:58.672
So really, I am just taking on the clients that come my way and helping them, you know, one at a time.
00:32:58.701 --> 00:33:13.981
And if, you know, I don't think that they're a good fit, or if I think I have colleagues statewide, that's the benefit of having practiced in Wake County and knowing people in state government and being in the mountains and being here, I can get people help.
00:33:14.571 --> 00:33:19.842
For pretty much any type of legal issue that they need, even if I'm not the best one to help them.
00:33:20.092 --> 00:33:30.781
But, and a lot of people they'll cold call law firms, they'll call 10 law firms sometimes and then I'll talk to them and they'll say, you're the only person that called me back in a short period of time.
00:33:31.092 --> 00:33:40.192
And so sometimes I can just help them get to the next level because lawyers are really busy and taking in a cold call and taking that client on not knowing them.
00:33:40.332 --> 00:33:43.882
But if you have another lawyer, get them to you.
00:33:44.537 --> 00:33:48.326
They're going to get in and get the, the, their needs met a lot quicker.
00:33:48.326 --> 00:33:50.717
So I can do that for people as well.
00:33:51.537 --> 00:33:58.366
It's relatively easy for you to work with people from outside our area or across North Carolina period.
00:33:58.707 --> 00:34:01.817
So is there a way around the signatures when you're signing documents?
00:34:02.666 --> 00:34:05.106
A ton of my clients are out of state.
00:34:05.237 --> 00:34:05.477
Are they?
00:34:05.517 --> 00:34:06.616
Oh, out of state as well.
00:34:06.626 --> 00:34:06.646
Yeah.
00:34:06.656 --> 00:34:09.347
I don't meet with a lot of my clients in person.
00:34:09.356 --> 00:34:09.686
Okay.
00:34:09.697 --> 00:34:14.657
I can do so many things and have been for years and years and years before we had this whole.
00:34:14.686 --> 00:34:16.777
So do you sign documents electronically?
00:34:16.777 --> 00:34:21.621
The court won't let you do that and you can't do that with wills.
00:34:21.782 --> 00:34:38.922
So, what you do with, probate documents is I have this whole system, this way that I get them to the clients, and they have this list of instructions, like bulleted instructions, each document, what it is, they have opportunities to talk with me or get on Zoom if we need to or whatever it is that they need.
00:34:39.237 --> 00:34:45.456
And then they have the instructions to go get them notarized and then how to get them back to us so then we can do the filing.
00:34:45.547 --> 00:34:50.496
Mailing it through FedEx or UPS or whatever with detailed, detailed instructions.
00:34:50.836 --> 00:34:54.416
Yeah, and either me or my staff members will help coordinate that.
00:34:54.862 --> 00:34:55.811
That's a great question.
00:34:56.811 --> 00:34:58.202
Yeah, I hadn't thought of that.
00:34:58.242 --> 00:35:01.331
So you're working with out of state, so it's not just North Carolina folks.
00:35:01.521 --> 00:35:04.141
And the laws are different across the states, I would imagine.
00:35:04.141 --> 00:35:06.371
So we only do North Carolina probate.
00:35:06.762 --> 00:35:07.961
We can do any county.
00:35:08.181 --> 00:35:09.942
We can practice anywhere in North Carolina.
00:35:10.342 --> 00:35:20.461
But what happens is if you lost a loved one, but you don't live here, then the people who live out of state will call and say, I need help.
00:35:20.572 --> 00:35:28.601
Or there could be a primary estate in a different state, but they just have one asset here, like a home or a rental property.
00:35:28.632 --> 00:35:32.411
And they, they need what's called a secondary estate or an ancillary.
00:35:32.722 --> 00:35:34.672
And so I'll do that piece for them.
00:35:35.731 --> 00:35:40.181
Before we wrap things up, Mariah, what would you say is.
00:35:40.621 --> 00:35:43.391
The one thing you want to leave our listeners with today.
00:35:44.192 --> 00:35:47.862
Again, you know, I'm just, I'm really grateful to be able to help people.
00:35:47.862 --> 00:35:52.472
And it does sound a little cliche when people say, Oh, why did you want to be a lawyer?
00:35:52.902 --> 00:35:57.581
And a lot of lawyers, believe it or not, will say, I wanted to help people.
00:35:57.851 --> 00:36:03.172
And lawyers don't really have the greatest reputation for helping, right?
00:36:03.231 --> 00:36:08.472
Well, and just, you know, they get it better out, but there really are a lot of lawyers out there that really want to help people.
00:36:08.501 --> 00:36:11.802
And it is such a privilege to be able to truly help people.
00:36:12.141 --> 00:36:19.452
And I also would say this, like, I do take the attorney and counselor at law role very seriously.
00:36:19.452 --> 00:36:21.592
A lot of people just want to be a lawyer.
00:36:21.972 --> 00:36:29.422
But with what I do, if you've had a loved one who loses capacity, you're already grieving a loss.
00:36:29.791 --> 00:36:33.681
If you've lost someone to death, you've lost, you know, you're grieving.
00:36:34.012 --> 00:36:44.862
So I'm kind of like a grief counselor in some respects that people come to me and they sometimes have a foggy brain and they can't even move forward to the next thing.
00:36:45.202 --> 00:36:47.302
Going to the bank to close.
00:36:47.811 --> 00:36:50.862
a bank account because their loved one died.
00:36:51.802 --> 00:36:57.291
Removing their name off the bank account is like a breakdown for some people.
00:36:57.311 --> 00:36:58.512
You know, it's so sad.
00:36:58.521 --> 00:37:10.222
And so what I do is I take that heavy burden of all these technical details and the finances and the nuances and the spreadsheets and all the court requirements and I, I bear that burden for them.
00:37:11.342 --> 00:37:13.572
I've never thought of it that way before.
00:37:13.632 --> 00:37:15.052
Thank you so much.
00:37:15.452 --> 00:37:18.601
I feel like I've learned so much from this conversation.
00:37:19.001 --> 00:37:19.672
Seriously.
00:37:20.722 --> 00:37:22.072
Well, you guys are wonderful.
00:37:22.391 --> 00:37:22.661
Thank you.
00:37:22.822 --> 00:37:23.311
Thank you.
00:37:23.322 --> 00:37:23.831
Thank you.
00:37:24.141 --> 00:37:31.501
So I guess we're out of time, Mariah, but, before we wrap up, let's remind everyone how they can, how they can get in touch with you.
00:37:31.842 --> 00:37:32.021
Yeah.
00:37:32.021 --> 00:37:37.161
The best way is our website, Garlock, G A R L O C K.
00:37:37.652 --> 00:37:44.282
A N D McKinney, M C K I N N E Y dot com.
00:37:44.612 --> 00:37:54.271
You can read a little bit about me, read a little bit about the practice areas, my law partner, and then just on my bio it says send Mariah a message, you just send me a message.
00:37:54.612 --> 00:37:57.452
And I will get in touch with you or someone at our office will.
00:37:58.601 --> 00:38:00.061
What about social media?
00:38:00.121 --> 00:38:01.202
Are you on social media at all?
00:38:01.202 --> 00:38:02.641
Yeah, we have a Facebook page.
00:38:02.672 --> 00:38:05.661
I, you know, people can message me from Facebook.
00:38:05.672 --> 00:38:06.681
You can just look me up.
00:38:06.791 --> 00:38:09.101
I don't care if you message me through my personal page.
00:38:09.101 --> 00:38:11.532
I use it pretty much only for business anyways.
00:38:12.001 --> 00:38:14.481
Anyway someone wants to try to get in touch with me.
00:38:14.916 --> 00:38:15.827
I will respond.
00:38:16.157 --> 00:38:23.867
Okay, so insiders, you know that you can go to our show notes where we'll have the website link for you along with any links to Mariah's socials.
00:38:24.137 --> 00:38:29.536
So thank you, Mariah, for joining us today and telling us all about Garlock and McKinney.
00:38:29.876 --> 00:38:32.027
And it was a pleasure chatting with you and getting to know you.
00:38:32.027 --> 00:38:32.976
I think you're awesome.
00:38:33.047 --> 00:38:35.166
And Marlon, you did great.
00:38:35.217 --> 00:38:41.067
I love having you as a host for Topsill Insider and I'm really looking forward to having you do a lot more interviews for us.
00:38:41.137 --> 00:38:41.556
Thank you.
00:38:42.217 --> 00:38:42.806
Same here.
00:38:42.887 --> 00:38:44.237
I'm, I'm excited about it.
00:38:45.916 --> 00:38:54.367
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00:38:54.527 --> 00:38:59.117
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