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If you or a loved one has been charged with a crime, it’s important that you have a clear understanding of the criminal justice process so that you can plan for the best possible outcome. That’s where our Asheville criminal attorney team comes in. Barbour, Searson, Jones, & Cash, one of the top criminal defense law firms in Asheville, has experience defending serious criminal charges such as: Violent Crimes, Drug Trafficking, White-Collar Crimes, Sex Crimes, Arson, Fraud, and Homicide.

The Rule Against Perpetuities, for most law students, is the proverbial clock striking midnight and Cinderella losing her glass slipper of first year property law class. The rule is critical to the understanding and enforceability of wills and estates in most jurisdictions in the United States but is confusingly written and full of legalese. In a later post, we will discuss the Rule as it applies to covenants. So, what is it? No interest is good unless it must vest, if at all, not later than twenty-one years after some life in being at the creation of the interest.Clear as a glass slipper. The Rule, which is based in common law, seeks to prevent property interests that extend in perpetuity – forever. Essentially, under the law, an individual cannot give someone else an interest in property that includes an Ariel-esque interest, i.e. one with permanent legs.

A caveat is a legal challenge to the validity of a will. In non-legal terms, a caveat is the same as “contesting a will” or a “will challenge.” A caveat must be filed by someone who has an interest in the estate, such as a beneficiary. Under any circumstance, the death of a loved one is a challenging time. Disputes about wills should not add more challenges to a grieving family. Our Asheville attorneys are experienced representatives in will and estate cases.

Wondering whether the FTC’s proposed rule alters the non-compete agreement you or your business signed? The short answer is not yet, but you may still want to prepare for what is around the corner. On 5 January 2023, the Federal Trade Commission (“FTC”) proposed a rule to ban non-competition clauses from employment agreements. The proposed rule, published on 19 January, “would provide it is an unfair method of competition—and therefore a violation of Section 5 [of the FTC Act]—for an employer to enter into or attempt to enter into a non-compete clause with a worker; maintain with a worker a non-compete clause; or, under certain circumstances, represent to a worker that the worker is subject to a non-compete clause.”

If you find yourself in a situation where you need legal representation, you might find the process a bit overwhelming. We understand. The last thing you need is to add confusion to an already stressful situation. To help diffuse some of this tension, our team of Asheville lawyers has put together this short guide to help you find the right legal representation.

On 19 October 2022, Judge Mark A. Davis issued an order and opinion in PHE v. Dolinsky that addressed two novel questions for North Carolina courts that were “suitable for a law school exam.” Those novel questions considered: “(1) who is entitled to sue the executor of an estate on a claim for breach of fiduciary duty; and (2) the circumstances under which the economic loss rule bars such a claim.” The case arose out of a unique blend of obligations under contract and imposed by a last will and testament.