Publications by Wells Law

Ask SAM: My friend is heir to an estate, but it's been a long time since they heard anything

October 20th, 2023 by admin

Question: I have a friend that was told, more than about 18 months ago, by a lawyer in Yadkin County that they were to inherit money from a relative. This has been way too long and they have still not heard when the money will be disbursed. The deceased...

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Ask SAM: How can we close on my mother's estate when one of the heirs refuses to sign?

October 20th, 2023 by admin

Question: My sister and I are co-executors for our mother’s estate. We are ready to close and have written checks to each heir, with a form from the clerk’s office to be signed stating that the check has been received. All have accepted, except one brother....

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Ask SAM: Can we give the money from the sale of our church to our pastor as a retirement gift?

July 26th, 2023 by admin

Question: Our church building is being sold and since we are a non-profit organization can we give the money from the sale of the building to our pastor as a retirement gift? — D.M.Answer: You can certainly give the pastor the proceeds of the sale, but...

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Ask SAM: Are online forms valid and enforceable?

June 21st, 2023 by admin

Question: Are wills and other estate forms available online valid and enforceable if they're properly completed? — R.H. Answer: Sometimes buying things off the internet might not be the bargain you're hoping to get. Mike Wells, a local attorney, said...

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Ask SAM: Can my stepmother refuse to pay my father's funeral expenses?

August 9th, 2022 by admin

Question: My father has been married to my stepmother for about 40 years. She recently told my sister and me that when Dad dies she’s going to drop all the funeral expenses on us. Can she do that? — D.F. Answer: Not really. Mike Wells, a local attorney,...

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Ask SAM: What should I do about my 20-year-old will?

December 1st, 2021 by admin

Question: I wanted to see if you could guide me in the right direction to get my personal last will and testament redone. My current one is 20 years old and it definitely needs to be updated. Due to my limited income, where could I get one redone that...

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Ask SAM: Getting a contractor to respond

July 7th, 2021 by admin

Question: I contracted with a local small business owner to handle two projects for me. The first was completed in a satisfactory manner. With the second, I paid a deposit with the balance due upon completing. I am quickly approaching the time I need...

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Ask SAM: Arbitration clauses in car sales

July 7th, 2021 by admin

Question: I recently tried to buy a car and during the closing paperwork was given an “Agreement to Arbitrate Disputes” that I found too restrictive and would not agree to sign. I was told this was required with all auto sales and they would not sell...

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Ask SAM: When will electors be named?

July 7th, 2021 by admin

Question: I enjoyed your column about the Electoral College, but I have a follow-up question. According to state election law, the slate of Republican electors had to be submitted to the Secretary of State’s office. I have been trying to find the list,...

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Ask SAM: What Can I do about debt collector harassment?

July 6th, 2021 by admin

Question: Isn’t there a law against being harassed on the phone for overdue bills?Answer: Local attorney Mike Wells said there is a reason a business may have such a policy — North Carolina’s lien law.“If a contractor provides labor and materials which...

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Ask SAM: How do you dismiss an attorney?

July 6th, 2021 by admin

If you pay an attorney who dismisses you as a client when the time comes to go to court, and then you find out he was not the type of attorney you needed in the first place, can you dismiss him? ~ O.B.Answer: We forwarded your question to local lawyer...

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Ask SAM: Getting rid of a timeshare

July 6th, 2021 by admin

Question: Two years ago, my husband and I purchased a resort condominium package. We would like to sell our package. We have retired earlier than expected and do not want the burden any longer. ~ J.R.Answer: “If you Google ‘selling a timeshare,’ the names...

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Ask SAM: Who mows median on union cross road

July 6th, 2021 by admin

Question: Now that the widening of Union Cross Road is complete, who is responsible for mowing the medians and grass by the sidewalks? It actually could look quite nice if this were maintained. ~ D.B.Answer: “Unfortunately, the power company’s easement...

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Ask SAM: Variations of your name can cause a headache at the bank

July 6th, 2021 by admin

Question: Due to stricter banking regulations, I had a problem depositing my tax-refund checks into my savings account at my credit union this year. On my birth certificate, I have one name. For example, if it were “Sally Jane Olsen,” but I went by my...

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Ask Sam: If a property is foreclosed on by the bank...

July 2nd, 2021 by admin

Q: If a property is foreclosed on by the bank and this causes the dwelling doors to be padlocked before personal property is removed, what happens to the personal property left inside?P.T.Answer: Again, SAM turned to Mike Wells.“This would be up to the...

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Ask Sam: If a family member dies but has no will...

July 2nd, 2021 by admin

Q: If a family member dies but has no will and the family members left are siblings only, are the siblings required by law to go through the clerk of court to settle the estate? What happens if an attorney has advised that, in his opinion, there is no...

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Ask Sam: Are online wills valid in North Carolina?

July 27th, 2020 by admin

Here is my answer:An on-line will, if it contains all the necessary provisions the law requires and it is signed as the law requires, CAN be valid. But there are just too many things which can go wrong with homegrown wills in their provisions and execution...

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Ask Sam: What can I do about debt collector harassment?

July 24th, 2019 by admin

This week, Mike Wells provides a Winston-Salem Journal reader with information about North Carolina's lien law. For the full article, click here....

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Ask Sam: Variations of your name can cause headaches at the bank

August 16th, 2018 by admin

The Winston-Salem Journals' "Sam" asks Mike about the challenges that variations in one's name can present, often the result of marriage and divorce, and advice for preventing or resolving them. For the full article, click here. ...

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Ask Sam: Who mows median on Union Cross Road?

June 19th, 2017 by admin

A Winston-Salem Journal reader asks Sam for advice when faced with the need for a utility easement on an uncooperative neighbor's property. Mike offers some possible solutions. Read it HERE....

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Ask Sam: Are neighbor's video cameras legal?

May 1st, 2017 by admin

Are a neighbor's security cameras making you feel insecure? Mike offers sage advice for dealing with this issue. For the full article, click here....

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Ask Sam: Getting rid of a timeshare

December 5th, 2016 by admin

This week, a writer asks Sam how to get rid of a timeshare. Mike Wells offers solutions to this timeless problem. For the full article, click here....

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Ask Sam: When will electors be named?

November 17th, 2016 by admin

For the full article, click here....

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Ask Sam: Arbitration clauses in car sales

October 7th, 2016 by admin

Mike Wells offers information and insights about arbitration clauses, which have become pervasive in consumer contracts. For the full article, click here.Over the years a number of bills have been introduced in Congress to require organizations to provide...

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Ask Sam: Getting a contractor to respond

September 24th, 2016 by admin

The Winston-Salem Journal's Sam consults Mike Wells about how to compel a contractor to respond to a client, and complete the client's project in a timely manner. For the full article, click here....

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Ask Sam: How do you dismiss an attorney?

September 16th, 2016 by admin

Published Thursday September 15, 2016 in the Winston-Salem Journal. Mike Wells answers the question of how to dismiss an attorney. For the full article, click here....

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Ask Sam: Abuse of power of attorney

August 21st, 2016 by admin

Originally published in the Winston-Salem Journal's Ask SAM column, Sunday, August, 21, 2016Q: We are suspicious that a family member is abusing/misusing their Power of Attorney designation in regard to an elderly parent’s financial decisions. Please...

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