In general, but especially in times of a pandemic as we are currently experiencing, it is important to plan ahead and get prepared.

For the scenario that you become unable to make health care decisions on your own, you can appoint an agent in a healthcare power of attorney. That agent would then make decision for you as outlined in the healthcare power of attorney. 

If you become disabled beyond a reasonable expectation of recovery and are unable to communicate your own choices, you can give instructions for the future to withhold or withdraw life-prolonging measures by signing a living will. 

Both forms of advance directives can be amended or revoked at any time.

You should also think about how you want your property or estate to be disposed.   In situations in which the deceased did not dispose of their property or estate by a valid will, such property and estate will be disposed pursuant to the intestate succession laws. Which state’s intestacy laws apply is determined by the deceased’s domicile at the time of their passing and by the type of property that belongs to the estate. North Carolina intestate succession laws are laid out in Chapter 29 of the North Carolina General Statutes.

If you create a will, often referred to as “last will and testament,” you can make a legal declaration of your wishes regarding the disposal of your property or estate after your death.  In North Carolina, wills are governed by Chapter 31 of the General Statues.

While you have a choice whether to have a will or not, the legal benefits of having a will are significant.  Therefore, it is important that you are well informed of the intestate succession laws applicable to your estate, and, if these laws do not reflect your wishes regarding the disposal of your property or estate upon your death, you should create their own will.

If you or a loved one needs help with a living will, a healthcare power of attorney, will, or estate in Southeastern North Carolina, in or around Wilmington, NC, in New Hanover County, Brunswick County, or Pender County, call Collins Law Firm at 910-793-9000.  As members of our community, we believe that our neighbors deserve quality representation when it comes time to create or update wills, or advance directives.  And, as practitioners of the law, we are obligated by law, tradition, and ethics, to provide you with honest advice and guidance while protecting your confidential information.

By Jana H. Collins

During these trying times, while everyone has been strongly suggested to stay home when they can, the only thing to do to get out of the house may be to take your pets on a walk.  However, with more pets out and about, it is still important to abide by the laws with respect to having your pet on a leash, or some type of restraint when it is not on your property. 

Section 5-9 of the New Hanover County Ordinance states:

a. It shall be unlawful for any owner of a dog, cat, or ferret to allow it to run at large off the premises of its owner.

b. Upon an animal services officer’s observation of a dog, cat, or ferret running at large, or off the premises of its owner and not under the restraint of a competent person, the officer, may, at his discretion, impound the dog, cat, or ferret or return it to its owner.

c. Upon an animal services officer’s receipt of a complaint that a dog, cat, or ferret is running at large or is off the premises of its owner and not under the restraint of a competent person, the officer shall investigate the complaint; and upon finding that there is probable cause that a violation has occurred, the officer may issue a citation or a warning or take any other action contained in this chapter or any state law as the circumstances may require.

d. Any owner cited for a violation of this chapter may discharge the citation upon payment of the current fee schedule adopted by the board county commissioners. If the dog, cat, or ferret is impounded, the owner may redeem the dog, cat, or ferret under the provisions of section 5-17, provided the owner is in compliance with all other applicable provisions of this chapter. If the owner is charged under a warrant, summons, or bill of indictment and convicted, the provisions of section 5-23 shall apply.

A violation would constitute a class 3 misdemeanor punishable by a fine of up to $500.00.

There are strict leash laws for the beaches here in Wilmington, as well – in the Town of Wrightsville Beach, pets must always be on a leash from October 1 through March 31.  From April 1 through September 30, no pets are allowed on the Wrightsville Beach Strand at all.  It is also required that you clean up after your pet, and have the means to do so at all times.  Similarly, in Carolina Beach, dogs have to be on a leash from April 1 to September 30.  The rest of the year (October 1st-March 31st) dogs are allowed off leash, but they must remain under voice command and the owner must be within a reasonable distance.  At North Topsail Beach, dogs must be on a leash from May 15 through September 30.  From October 1 to May 14, dogs are not required to be on a leash, but must be under voice command of a responsible person. 

While we are all on edge and awaiting news about COVID-19 day by day, please take some time to take your pet on a walk to enjoy some fresh air, but also please be responsible, abide by the laws, and respect your neighbors. 

By Karen M. Thompson, Paralegal

New Hanover County was founded in 1729 and was named after the House of Hanover.  It has an estimated population of 228,657 as of 2019.  

New Hanover County is known for its history – two of the biggest historic attractions are the Fort Fisher State Historic Site and the USS North Carolina. The Fort Fisher Battlefield is located in Fort Fisher. At Fort Fisher, visitors have a chance to get up close and see where the Battle of Fort Fisher was held. Visitors can also go inside the USS North Carolina, which became one of the first ten fastest battleships to join the American Fleet in World War II.

In addition to the Fort Fisher Battlefield and the Battleship, there is historic Downtown Wilmington with its mile-long Riverwalk along the Cape Fear River. It was named “Best American Riverfront” by USA Today in 2014.  There are various local shops, and restaurants and bars, where you can watch the passersby while enjoying a nice meal or drink in this beautiful scenery. 

New Hanover County has a countless other attractions which make it a very popular location to visit in Southeastern North Carolina.  The most popular locations to visit are the beautiful beaches: Wrightsville Beach, Carolina Beach, and Kure Beach.  Especially when the weather is nice, visitors as well as residents enjoy these beautiful beaches and beach towns, and take advantage of countless opportunities like boating, scuba diving, and surfing—Wrightsville Beach was named one of the “World’s 20 Best Surf Towns” by National Geographic Magazine.

Usually, around this time of year, New Hanover County’s residents as well as visitors, would be preparing for the Azalea Festival, where thousands of people flock to celebrate by attending concerts, the Garden Party, art shows, and other exciting festivities.  However, for the first time in it’s 73-year history, the Azalea Festival has been cancelled due to the COVID-19 pandemic. 

By Karen M. Thompson, Paralegal

As the summer season comes to a close this year, there are more cars on the road –schools are fully back in session, and New Hanover County has had a continuously increasing number of residents which is currently at 227,000+.  And, events such as the Wilmington Riverfest and the Cape Fear Fair and Expo attract tourists to add even more to our already crowded streets.

WECT reported this week that there have been three pedestrians hit and killed in a ten day period here in Wilmington, North Carolina.  Wilmington Police Department (WPD) was shocked at the high rate of occurrence of deadly hit and runs in our area recently, even considering the perpetual construction and awful traffic.  The WPD urges pedestrians to be extra cautious and mindful of the laws, especially considering that traffic has the right of way if a pedestrian is crossing the street mid-block.

Police say these pedestrian safety tips could save lives:

• Walk on sidewalks whenever they are available.
• If there is no sidewalk, walk facing traffic and as far from traffic as possible.
• When possible, cross the street at a designated crosswalk.
• Always look both ways before crossing the street.
• Look for cars in all directions, including those turning right or left.
• Never assume a driver sees you. Make eye contact with drivers as they approach you to make sure you are seen.
• Wear bright clothing during the day and wear reflective materials or use a flashlight at night.

Another common cause of car accidents is distracted driving, whether that is texting, eating, or simply not paying attention to their surroundings.  Only a partial second of distraction is needed for a potentially life-changing accident to occur.  Giving it a second thought before texting while driving could be what it takes to save your life, or someone else’s!  However, eliminating distractions while you’re driving is only half the battle when considering being a safe driver – you also have to be aware of other driver’s movements, and anticipate possible traffic violations, such as running a red light, or failure to reduce speed to avoid a collision.

If you or a loved one is seriously injured in an accident, as a result of someone else’s fault or negligence, we can help you get maximum compensation, meaning money damages, for your pain and suffering, medical bills, and lost wages.

If you are charged with any type of crime in Southeastern North Carolina, in or around Wilmington NC in New Hanover County, Brunswick County, or Pender County, call Collins Law Firm at 910-793-9000 for a confidential consultation about what we can do for you.

By Karen M. Thompson, Paralegal

Labor Day 2019 in Southeastern North Carolina is expected to be a busy and dangerous holiday.  Being the holiday weekend that traditionally wraps up the summer season, travelers are anxious to get their last beach trip of the year started, and Star News reported yesterday that nearly one-third more fatal accidents occur on Labor Day weekend than a typical three-day period.  In 2017 alone, 354 fatal car accidents occurred during the Labor Day weekend across the United States, leaving 374 people dead.

The Wilmington Police Department (WPD) has handled over 100 crashes per Labor Day weekend for the past 3 years, with none of those ending in fatalities.  However, DWI-related stops have become more frequent each year and in 2018 alone, WPD responded to 13 DWI-related incidents in the Wilmington area.  A larger and more widespread police presence will be on duty for the holiday weekend, so drivers should continue to be cautious, use turn signals, follow the speed limits, remove distractions like texting, and never drink and drive.  More people on the road simply means more opportunities for car wrecks, and it only takes a moment of distraction to cause a life-altering accident.

In addition to an already-expected increase in traffic, with Hurricane Dorian expected to hit land in Florida early next week, there is concern that evacuees from Florida could cause more traffic congestion on I-95, and some may head our way to escape the torment of the storm.

As well as opportunities for more car accidents, plenty of families will be celebrating this Labor Day weekend, and drinking alcohol is part of many of the events.  In the revelry many people will be charged with alcohol related crimes including open container, driving while impaired or driving under the influence (DWI/DUI), fake ID or counterfeit identification, underage drinking, and aiding and abetting these and other crimes.

If you or a loved one is seriously injured in an accident, as a result of someone else’s fault or negligence, we can help you get maximum compensation, meaning money damages, for your pain and suffering, medical bills,, and lost wages.

If you are charged with any type of crime in Southeastern North Carolina, in or around Wilmington NC in New Hanover County, Brunswick County, or Pender County, call Collins Law Firm at 910-793-9000 for a confidential consultation about what we can do for you. In many cases, we are able to negotiate with the charging officer and the district attorney’s office to have a defendant perform volunteer service in order to have the charges dismissed.  Sometimes, that volunteer service can be served on the beach picking up trash, and helping keep our beautiful beaches clean, including Wrightsville Beach, Carolina Beach, Topsail Beach, Wilmington Beach, and Kure Beach.

By Karen M. Thompson, Paralegal

Thanksgiving—traditionally a celebration of the blessings of the year, including the harvest—is generally the begin of the “Holiday Season” in the United States.

This year there is a lot to be thankful for, i.e. higher wages, more disposable income and rising levels of household wealth.  This however is also expected to lead to an increase in Thanksgiving travel with projected 54.3 million Americans to travel 50 or more miles from home which is a 4.8 percent increase compared to last year’s travel.

In an effort to ensure safe travel, the North Carolina State Highway will participate in the Thanksgiving I-40 Challenge, and will be placing troopers every 20 miles along the 2,555 miles long interstate connecting Bartow, California, and Wilmington, North Carolina.

Travelers themselves can contribute to ensuring safe travel and abide by the road rules.  While most everybody is aware of the requirements to follow the speed limit, wear your seatbelt, and burn your headlights, there some other rules which appear not to be known so well:

The Fender Bender Law

Pursuant to N.C.G.S. § 20-161 motorists are required to move their vehicles to the shoulder of the road following a minor, non-injury crash.  The failure to do so could result in a $110 fine and court costs.

The Move over Law

Pursuant to N.C.G.S. § 20-157 motorists are required to:

Move the vehicle into a lane that is not the lane nearest the parked or standing authorized emergency vehicle or public service vehicle and continue traveling in that lane until it is safe to clear the authorized emergency vehicle. This paragraph applies only if the roadway has at least two lanes for traffic proceeding in the direction of the approaching vehicle and if the approaching vehicle may change lanes safely and without interfering with any vehicular traffic.

Slow the vehicle, maintaining a safe speed for traffic conditions, and operate the vehicle at a reduced speed and be prepared to stop until completely past the authorized emergency vehicle or public service vehicle. This paragraph applies only if the roadway has only one lane for traffic proceeding in the direction of the approaching vehicle or if the approaching vehicle may not change lanes safely and without interfering with any vehicular traffic.

A failure to obey by this law could result in a $500 fine.

The Keep Right Law

Pursuant to N.C.G.S. §20-146(b) vehicles traveling a multi-lane roadway at less than the legal maximum speed limit shall be driven in the right-hand lane then available for thru traffic, or as close as practicable to the right-hand curb or edge of the highway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn.  A violation of this law is an infraction pursuant to N.C.G.S. §20-176 (a) and if convicted, North Carolina Division of Motor Vehicle would assess 2 driver’s license points pursuant to N.C.G.S. §20-16 (c), or 3 driver’s license points if the violation occurred during the operation of a commercial motor vehicle.

Mobile phone Use by Drivers Younger than 18

Pursuant to N.C.G.S. §20-11(c)(6)  drivers under the age of 18 may not use a mobile phone when operating a motor vehicle except in case of an emergency to call 9-1-1.  Violators may have to pay a $25 fine.

Texting While Driving

Pursuant to N.C.G.S. § 20-137.4A motorists are prohibited from using their mobile telephone for text messaging or electronic mail.  A violation of this law may result in a $100 fine.

Spend this Thanksgiving holiday with your friends and/or family, enjoy your turkey and pumpkin pie, and have a few drinks if you wish, but please, be patient in this holiday traffic and if you drink, do not drive – take a cab, Uber, or Lyft or have a designated driver.

However, should you or someone you know receive a citation for a traffic violation in Southeastern North Carolina, in or around Wilmington, NC in New Hanover County, Brunswick County, or Pender County, contact Collins Law Firm at 910-793-9000 for a confidential consultation.

We wish you all safe travel and Happy Thanksgiving!

By Jana Collins

For over 10 days after Hurricane Florence made landfall at Wrightsville Beach, NC, Interstate I-40 was closed in sections from Wilmington to Raleigh.  Now, as of September 25, 2018, people can drive the entire length of interstates 95 and 40 through North Carolina.

News outlets reported that North Carolina Governor Roy Cooper said floodwaters receded over this past weekend faster than expected, allowing N.C. Department of Transportation crews to inspect and open both highways by Tuesday morning. The opening of I-40 through Duplin and Pender counties restored the main route in and out of Wilmington to I-95.  Wilmington was completely landlocked for several days because of floodwaters due to Hurricane Florence.

On September 15, 2018, I-95 was closed in parts of NC, and travel up and down the East Coast was disrupted. At one time, the recommended detour was to drive completely around North and South Carolina, through Knoxville, TN and Atlanta, GA.

As the Lumber River and Cape Fear River receded after the storm, I-95 dried out on Sunday, and NCDOT engineers inspected it to see if it was safe to use. DOT personnel found one area that needed repairs which were promptly completed.

Other roads that reopened Monday are the U.S. 70 Bypass at Kinston and U.S. 74 between I-95 near Lumberton and Wilmington.

Governor Cooper urged people to obey road closure signs and not to drive around barriers into flood waters. He said that as of September 24, the death toll from the storm had risen to 35 in North Carolina, and that some of those deaths had resulted from people driving into floodwaters.

In the Outer Banks, N.C. 12 on Ocracoke Island is closed.  It could take until the end of October to have repairs to erosion of the dune and damage to the pavement that make the road impassable repaired.  Until repairs are completed, the ferry between Hatteras and Ocracoke is closed.

Recovery efforts continue.  The New Hanover County Courthouse re-opened on Monday, September 24th.  However the Brunswick County Courthouse and the Pender County Courthouse remain closed indefinitely.

Pender County estimated that about 25 percent of the county flooded, closing major highways and submerging many homes.  Due to flooding, the county remained landlocked for over a week and many residents were forced into emergency evacuations.  Last week water spilled over into the road and washed out parts of U.S. 421, washing out the entire highway across all four lanes.  The emergency manager for Pender County said it could take months to re-open that route back into Wilmington.

Be safe as our community recovers from this historic storm.  If you or someone you know are in need of legal services in the Wilmington area, call Collins Law Firm for a confidential consultation at 910-793-9000.

By David B. Collins, Jr.

Brunswick, New Hanover, and Pender counties are all experiencing mandatory water restrictions that were put into place on October 13^th due to a pipe break in Riegelwood. The Lower Cape Fear Water and Sewer Authority’s pipe supplies water to utilities to all three of these counties. This pipe break is affecting areas such as Wrightsville Beach, Carolina Beach, Kure Beach, Leland, Wilmington, etc.

The break in the 48-inch pipe is nearly the size of a football and that break alone is causing 12.5 million gallons of raw water to spill through it daily.

One of the main reasons that Brunswick County has declared a state of emergency and is pleading with public water customers to reduce water usage is to be sure there is enough water for emergency needs such as firefighting efforts and hospital uses.

Here are a few tips on how to help conserve water:

• Limit your shower time
• Turn off water when not directly using while brushing teeth, washing hands, washing dishes, etc.
• Only run dishwashers or washing machines when you have a completely full load
• Limit the number of times you flush the toilet daily

The water flow from Kings Bluff Pump has been cut in half by the break, going from about 24 million gallons of water flow a day to nearly 12 million gallons of water a day. A temporary patch would be ideal in this situation, but they were not able to successfully patch it when attempting to on Wednesday morning.

Since the patch was unsuccessful, crews began constructing a temporary bypass on Thursday morning so that water would go around the break and allow it to keep flowing until the break itself is repaired. This project is expected to be completed sometime next week. The main delay in this repair is that the surrounding counties do not have parts that this break is requiring to fix, so they are waiting on parts to be flown in from other parts of the country.

Car washes have made attempts to save water by reducing their number of open hours each day and the city of Wilmington is holding back on street sweeping and power washing in some areas until the pipe is repaired. If you do see areas throughout the city using their irrigation systems still during this mandatory water restriction, it may be because their water comes from a pond.

Brunswick County Emergency Services are preparing for the worst and are there to help you if needed. They have 480,000 gallons of bottled water on hand, which is equivalent to four days worth of water for residents. Please be safe and make sure you follow all mandatory water restrictions in your area!

By Kimberlin S. Murray, Legal Assistant at Collins Law Firm

North Carolina residents have been keeping a close eye on Hurricane Matthew this past week.  On Monday, Governor Pat McCrory issued a state of emergency for 66 North Carolina counties, including New Hanover County, Brunswick County, and Pender County.  This hurricane was supposed to directly hit the coast, but the latest forecast track shows that this powerful storm is expected to make a sharp turn to the east as it nears the North Carolina Coast. This sharp turn is caused by an upper level trough which will move towards the eastern United States and force the hurricane away from moving up the east coast. It will also likely weaken into a Category 1 hurricane by this point.

Evacuation orders remain in place because Hurricane Matthew is still expected to brush our coast and could still bring damaging winds and flooding. To ensure safety, The University of North Carolina Wilmington has even issued a mandatory campus evacuation for all students starting Thursday at 12 p.m.

Although things are looking better for North Carolina, areas such as Wilmington, Southport, and Oak Island may still encounter dangerous weather conditions, so it is best to continue to be over-prepared. Here are a handful of tips that the Red Cross suggests you do to be prepared for a hurricane:

• Bring in anything that can be picked up by the wind (lawn furniture, bicycles, etc.)
• Fill your car’s gas tank
• Talk with your family and create an evacuation plan so that you are always prepared
• Make sure you have at least a 3-day supply of water
• Make sure you have flashlights, batteries, and a first aid kit
• Drive only if necessary and avoid flooded roads

These dangerous weather conditions may cause more traffic accidents and traffic citations, so we encourage everyone to be safe and extra cautious on the roads this weekend.  However, if you or someone you know gets into an accident or receives a traffic ticket, please give us a call at 910-793-9000 for a confidential consultation.

By Kimberlin S. Murray, Legal Assistant at Collins LAw Firm

As the eve of the 14th anniversary of the September 2011 terrorists’ attack approaches, many Americans find themselves feeling uneasy and vulnerable. Naturally we remember this day as a day of distress all throughout the nation—families destroyed to those who lost their lives and as a whole, and a country known as arguably the most powerful in the world at a frightful standstill.

On September 11, 2001, two planes hit the World Trade Center towers in New York, another crashed into the Pentagon, and a fourth hijacked plane (en route to the White House) crashed in Pennsylvania—resulting in the largest loss of life attack in America since Pearl Harbor.

Even after all of the bodies had been exhumed and things started to clear up in NY, the death toll was on the rise due to the subsequent deaths related to inhalation of fumes from that day, which in fact were all ruled as homicides. The attacks resulted in the deaths of 2,996 people, including the 19 hijackers. The 2,977 victims included 246 on the four planes (from which there were no survivors), 2,606 in the World Trade Center/surrounding area, and 125 at the Pentagon.
Though conspiracies, theories, and myths about what actually happened on 9/11 are still prevalent through the news and other forms of media, it is important to remember that this day should serve as a day of togetherness and national pride for Americans—with liberty and justice for all.

Here in Wilmington, the Wilmington Fire Department holds a 9/11 Memorial at Wilmington’s Empie Park Fire Station. The memorial honors 7 Wilmington firefighters who have lost their lives in line of duty since the department began in the mid 1800’s, as well as the 343 NYC firefighters who lost their lives on 9/11 fourteen years ago. The memorial is surrounded by 7 statues representing Wilmington’s fallen firefighters. A bronze statue of a firefighter in the center holds a piece of steel recovered from the World Trade Center following the attack on 9-11. The memorial is open 7 days a week to the public, where visitors and residents are encouraged to stop by.

Nonetheless, be aware of your surroundings and take extra caution as you bear in mind this unforgettable day.

By Amber L. Younce, Legal Assistant