Certified Superior Court Mediator

Attorney Young serves as a Certified Superior Court Mediator. Mediated settlement conferences are informal legal proceedings designed to help parties discuss and settle their disputes short of protracted litigation and/or trial. Attorney Young has decades of legal experience and welcomes the opportunity to assist parties in resolving their legal disputes in a constructive and timely manner.

Elder Law: Guardianships and Medicaid Planning

At the Law Office of Attorney James Young, P.A., we have a passion for Elder Law. We show the utmost respect for the experienced members of our community, and we are committed to remain knowledgeable about legal issues and concerns that are most important to them. We are naturally inspired to provide exceptional legal guidance and support to this community and their families. Our Firms' Elder Law services include wills, trusts, powers of attorney, guardianships, estate administration, and asset protection for purposes of Medicaid planning. If you or a family member would like to speak with an attorney concerning any of these areas of law, we are available to assist you.

Special Needs Estate Planning

The Law Office of Attorney James Young, P.A. is also deeply committed to serving our Special Needs community. For over two decades, the Law Office of Attorney James Young, P.A. has served members of this community and their families. If you have a family member with special needs, partnering with an attorney skilled in this area of the alw may assist you by protecting your loved one's eligibility for means-tested governmental programs while preserving his or her assets. A knowledgeable attorney may achive the same by using such tools as Special Needs Trusts. The goal is to assure tha the members of the Special Needs community have a comfortable standing of living and the highest quality of life. The Law Office of Attorney James Young P.A. has experience and knowledge in these area of law, and we are available for consultation.

Estate Planning: Wills, Trust, and Powers of Attorney

Preserving your assets and ensuring that your wishes are carried out is the goal of The Law Office of Attorney James Young, P.A. Through our wills, trusts, and estate planning practice, we strive to ensure that our clients’ beneficiaries’ interests are protected and all assets are fairly and efficiently distributed and disposed of according to your wishes. If you need assistance with estate planning, feel free to contact us.

Probate and Estate Administration

The wishes expressed in a will must be carried out at the time of the decedent’s death. The estate must be properly administered. This is the role of the executor of the estate named in the will. The personal representative has the final legal authority over the estate, subject to the court’s oversight and approval. Frequently, however, attorneys do much of the work. Attorneys may be assisted by an accountant and other professionals such as appraisers. We prepare all the required Court forms, inventories, accounts, petitions, and pleadings for the personal representative to review and sign prior to filing with the Court. Our goal is simple: to facilitate the probate process by helping our clients effectively manage the estate matters related to the death of our clients’ loved ones. If you are facing estate administration and probate issues, contact us.

Traffic Tickets Revoked Drivers License

Attorney Young has resolved thousands of cases for motorists in North Carolina. Convictions on most traffic citations result in an increase in your automobile insurance rates. You also may be assessed drivers license points, and in certain situations, your license may be suspended. Before you pay your ticket or appear in court, contact Attorney Young and he will gladly discuss how our firm can help you with your traffic citation.

Uncontested Divorces

When both husband and wife consent to the divorce and there are no issues as to custody or separation of assets, Attorney Young will gladly assist you in obtaining a divorce. To obtain a divorce in North Carolina, a party must generally meet the following requirements: maintain as a citizen and resident of the State of North Carolina for at least six months preceding the request for divorce, to have lived separate and apart for at least one year preceding the request for divorce without having resumed the martial relationship, and have no intent to resume the marital relationship.

Name Changes

If you desire to change your name or the name of your minor child, please contact our office for a consultation. We will be happy to advise you of the requirements and documents you will need to provide to the court for a name change.

Personal Injury/Auto Accidents

Attorney James Young has been helping car collision victims in North Carolina for nearly two decades. We have a reputation for outstanding service, integrity, and for being attentive to our clients' needs. If you have been injured in an auto accident, focus on your recovery, and we will focus on advocating on your behalf to get you the compensation you deserve.

Immigration

Immigration and Nationality Law is complex and can be difficult to navigate. Attorney Young has represented clients from all parts of the world, and he does so by placing the best interest of his clients first. His immigration law experience began in law school by representing clients as a part of American University Washington College of Law's Human Rights Clinic. With more than 20 years experience, Attorney Young provides a high level of professional expertise to each client.

Wrongful Death

The loss of your loved one caused by the wrongful behavior or negligent act of another is devastating. Attorney James Young has successfully resolved wrongful death claims by providing his clients with zealous representation, individual attention, and compassionate counsel. If you believe your are entitled to bring a claim on your behalf or on behalf of your loved one, call Attorney Young to discuss your rights.


Common Estate Planning, Estate Administration, and Elder Law Terminology

Probate - is the administration of a person’s estate that is overseen by the Clerk of Superior Court. Note that generally speaking, some assets do not go through the probate process. Such assets include real property held with rights of survivorship, assets with designated beneficiaries, and various retirement plans.

Will – a legal document that spells out in detail what should be done with your assets after your death. Without such a document, the laws of the state where you live will dictate how your property is to be divided. Having a will can make the emotional time after your passing easier for your loved ones. Through you will, you can plan for your family’s financial well-being, appoint a guardian for minor children, and create a trust for the benefit of your spouse and/or children.

Testamentary Trust – a provision in a will that allows you to appoint a trustee to hold funds for a named individual until that individual reaches a certain age or until some other described event occurs.

Living Trust – a document that allows you to appoint a named trustee to hold your assets while you are still living. You may serve as your own trustee in a revocable trust (one that can be changed by you). Someone other than you must serve as trustee in an irrevocable trust (one that cannot be changed by you).

Revocable Living Trust - a document that allows you to appoint a named trustee to hold your assets prior to your death. Advantages of a Revocable Living Trust can be that after your death it is easier to dispose of real estate in cases where the properties are located in several different states and avoid public disclosure of estate assets (which is required in probate). You still control your own assets as trustee, but you may have additional paperwork to control your own assets.

Irrevocable Living Trust – a document that allows you to appoint a named trustee (other than yourself) to hold your assets prior to your death. An advantage of having an irrevocable trust is that it may assist in asset protection for purposes of Medicaid planning. The trust must be established in a timely manner, but a disadvantage is that you loss control of your assets.

Health Care Power of Attorney – This is a legal document that allows you to appoint another individual or individuals to make critical health care decisions for you in the event you become incapacitated and are unable to do so. This authority is only applicable if a physician or eligible psychologist determines that you are unable to make or communicate decisions for yourself. The Law Office of Attorney James Young, P.A. is available to discuss this further with you.

Living Will - “Advanced Directive” or “Advanced Directive for a Natural Death” - A living will is a legal document in which you direct whether your life will be prolonged by medical procedures in certain situations. Life-prolonging measures include mechanical ventilation, dialysis, antibiotics, artificial nutrition and hydration, and similar forms of treatment. Note that procedures and medication used to alleviate pain are not life-prolonging measures, so a person can be kept as comfortable as possible at the end-of-life.

Is it Possible to Have Both a Living Will and Health Care Power of Attorney? – Yes. In fact, this is quite common. You may have a living will indicating your health care choices in the event you are unable to make those decisions in the future, and you also may have a healthcare of power of attorney designating an individual or individuals to act on your behalf, consistent with the provisions set forth in your living will, unless you specify otherwise. Our office usually combines the forms for ease of understanding as to the choices with regard to end-of-life decision-making.