Estate Planning Strategy: The Essential Steps to Take for Planning Your Estate

Pennant Law • January 26, 2023

Death is an inseparable part of life, and the process of dying may be heartbreaking. Perhaps what can be more tragic is dying and leaving loved ones feuding over your legacy. Fortunately, you control many aspects of that process and how your legacy is passed on by creating an estate plan. The following few paragraphs will review the legal and practical steps you should take to plan for the final disposition of your life and legacy. 


Estate Planning: Inventory List

As they say, “failing to plan is planning to fail,” and irrespective of the size of your estate, everyone needs to create an estate plan. The first step is to take an inventory of the property in your estate. Taking stock of your property will better help you to decide what estate plan fits your needs. You can do this by listing the personal belongings and real estate that you, your spouse, or your partner own. Property such as your clothing, car, collectibles, television, laptop, homes, jewelry, furnishings, bank accounts, digital assets (i.e., airline miles, cryptocurrencies and etc.), and investments.


Lastly, list all of your creditors and debts. Identifying your assets and debts will give you an accurate picture of your estate and provide the foundation for choosing the best estate plan that fits your needs and achieve your objectives. 


Estate Planning: Wills and Trusts 101 

After taking inventory of your property, the next step in creating an estate plan is choosing which estate plan option best carries out your dying wishes, safeguards your assets, and then distributes them according to your instructions.


The three main options to distribute your property to its new owner through intestate (i.e., die without a will), testate (i.e., die with a will), or by a trust. The way your property gets distributed will depend on your wants. You want to avoid the courts probating and administration process. You want the distribution of your property to be private or public. You want your presumptive heirs to receive the property outright or periodically. You want to do nothing. If you desire to have privacy and more control and reduce tax liability, then creating a trust will benefit you more than creating a will. When it comes to estate administration/probate, as an estate planning and administration attorney, I’ve seen a lot of estate plans and estate documents over the years. Poor estate planning leads to loved ones being left out of an inheritance, family feuds, a lot of time spent at the courthouse, and high estate fees. Proper estate planning can mitigate all of your estate planning concerns, so choose wisely.


Estate Planning: Advance Care Documents

After choosing the estate plan option that best fits your needs, the next step is planning for illness, incapacitation, or old age. Statistically speaking, if you are under the age of sixty you are more likely to become disabled than you are to die. Understand that for any reason that you choose, as long as you are competent, the right to accept or refuse medical treatment is your own. However, seldomly do you consider who decides what should happen to you if you become incompetent or incapacitated and have not yet communicated your wishes. For that reason, every estate plan should include the following documents a health care power of attorney, durable power of attorney, and a living will. I like to call these your H.D.L. of estate planning, which is good to have because they help to protect you and your wishes when you are physically and mentally unable to do so. A healthcare power of attorney is a document that creates an agency relationship where you, the principal, choose an agent who can make healthcare decisions for you in the event that you become incapacitated or incompetent. A durable power of attorney is a document that creates an agency relationship where you, the principal, choose an agent who acts over your financial matters in the event that you become incapacitated or incompetent.


Finally, a living will is a document that expresses your healthcare desires to a physician in the event that you are in a terminal condition and are unable to communicate them. You may recall the notable but tragic story of Jean-Pierre Adams, a soccer superstar who spent 39 years in a coma after a knee injury gone wrong. Or, the sad and publicized legal story of Terri Schiavo, who spent 15 years in a coma before having her feeding tube removed by a Florida Court at her husband’s request. As those cases have shown, these advance directives decisions are an essential part of your estate plan.


How Can Pennant Law Offices Help You with Your Estate Plan?

At Pennant Law Offices, we plan for your future by creating a customized estate plan that best meets your unique needs. We will advise you on the best way to pass on a legacy that you desire. We provide a hands-on approach to educating you about your estate plan and the responsibility and roles of the people you choose to carry out your estate plan desires.


Contact your Charlotte Estate planning attorney Dwayne Pennant to develop your estate plan strategy. At Pennant Law Offices, PLLC, your rights and legacy are our passion.

The Hidden Danger: How Drowsy Driving Impacts Car Accidents in Massachusetts and North Carolina

August 12, 2025
An In-Depth Look from Pennant Law Offices, PLLC When we think of dangerous driving, images of drunk drivers or distracted motorists often come to mind. However, there's another insidious threat on our roads that is just as deadly: drowsy driving . This silent epidemic affects countless drivers in Massachusetts and North Carolina, leading to thousands of preventable car accidents, injuries, and fatalities each year. At Pennant Law Offices, PLLC, we believe that understanding the risks of drowsy driving is the first step toward preventing these tragic incidents and holding negligent parties accountable. The Science Behind Drowsy Driving Drowsy driving is more than just feeling a little tired; it's a state of impaired cognitive and physical function that mimics the effects of alcohol. The National Highway Traffic Safety Administration (NHTSA) estimates that a driver who has been awake for 18 hours straight has the same level of impairment as someone with a blood alcohol content (BAC) of 0.05%. After 24 hours without sleep, a driver’s impairment is equivalent to a BAC of 0.10%, which is above the legal limit in all 50 states. The Physiological Effects When a driver is drowsy, their body and brain undergo several changes that make safe driving nearly impossible: Impaired Judgment and Decision-Making: Fatigue slows down the brain's processing speed, making it harder to recognize hazards, make split-second decisions, and react appropriately. Decreased Reaction Time: A drowsy driver’s reflexes are significantly slower, meaning they take longer to hit the brakes or swerve to avoid a collision. Microsleeps: This is one of the most dangerous symptoms. A microsleep is a brief, involuntary episode of sleep that can last from a fraction of a second to 30 seconds. A driver traveling at 60 mph can cover the length of a football field during a 3-second microsleep. Reduced Attention: Drowsiness makes it difficult to maintain focus on the road, leading to weaving, drifting into other lanes, and missing important traffic signs or signals. Drowsy Driving in Massachusetts and North Carolina: A Regional Concern While drowsy driving is a nationwide problem, its impact on the roads of Massachusetts and North Carolina is a serious concern. Both states have diverse driving conditions, from the bustling urban streets of Boston and Charlotte to the long, monotonous stretches of I-95. These varied environments can create different types of drowsy driving risks. Massachusetts: High Traffic, High Stakes In Massachusetts, a state known for its dense population and intricate roadways, the risk of a drowsy driving accident is particularly high. Commuters stuck in heavy traffic for extended periods are susceptible to fatigue. Additionally, the unpredictable nature of Boston's roads, with sudden stops and tight turns, requires constant vigilance—a quality that is severely diminished by sleep deprivation. An accident caused by a drowsy driver in this environment can easily lead to multi-car pileups and significant injuries due to the close proximity of vehicles. North Carolina: Long Drives and Rural Routes North Carolina’s geography presents its own unique challenges. The state’s extensive network of interstates and rural highways means drivers often undertake long-distance journeys. Truck drivers, a group with a statistically high rate of drowsy driving, frequently travel through the state. The monotonous scenery on these long stretches of road can induce highway hypnosis, a state of mind where a driver is mentally checked out and unaware of their surroundings—a prime condition for a drowsy driving accident. Legal and Financial Consequences The legal ramifications of a drowsy driving accident can be severe. In both Massachusetts and North Carolina, a drowsy driver who causes an accident can be found liable for damages. This is a critical point for victims of these accidents to understand. Proving Negligence To successfully pursue a personal injury claim, a plaintiff must prove that the defendant was negligent . In drowsy driving cases, this means demonstrating that the driver had a duty to operate their vehicle safely but breached that duty by driving while fatigued. Evidence of this negligence can include: Witness Testimony: Eyewitness accounts of the driver weaving or drifting before the crash. Driver's Own Admission: The at-fault driver admitting they were tired. Work and Sleep Records: In commercial vehicle accidents, records can show if the driver violated federal hours-of-service regulations. Accident Reconstruction: An expert analysis of the accident scene can sometimes show that the driver failed to take evasive action, suggesting they were asleep at the wheel. Compensation for Victims Victims of a drowsy driving accident may be entitled to compensation for a wide range of damages, including: Medical Expenses: Past and future costs for hospital stays, surgeries, physical therapy, and medication. Lost Wages: Income lost due to time off work for recovery, as well as loss of future earning capacity. Pain and Suffering: Compensation for physical pain, emotional distress, and the impact the injuries have had on their quality of life. Property Damage: The cost to repair or replace their vehicle and any other damaged property. How to Protect Yourself and Others Preventing drowsy driving is a shared responsibility. Drivers, employers, and policymakers all have a role to play. For Drivers: The most effective way to prevent drowsy driving is to prioritize sleep. The National Sleep Foundation recommends that adults get 7-9 hours of sleep per night. If you feel tired while driving, pull over to a safe location and rest. For Employers: Companies that employ drivers, particularly those in the trucking and transportation industries, must enforce strict hours-of-service rules and not pressure employees to drive while fatigued. For Policymakers: Public awareness campaigns and stricter penalties for drowsy driving could help reduce the number of accidents. How Pennant Law Offices, PLLC Can Help You If you or a loved one has been a victim of a drowsy driving accident in North Carolina or Massachusetts, the road to recovery can be long and challenging. You shouldn't have to face it alone. Dwayne Pennant, the Founding Attorney of Pennant Law Offices, PLLC, is one of North Carolina and Massachusetts' trusted and experienced Personal Injury, Car Accident, and Estate Planning Lawyers. We understand the devastating impact these accidents can have and are dedicated to fighting for the rights of victims. Our firm will meticulously investigate your case, gather crucial evidence, and build a strong claim to ensure you receive the maximum compensation you are entitled to. We will handle all communications with insurance companies, negotiate on your behalf, and, if necessary, represent you in court. Our goal is to alleviate your legal burdens so you can focus on what's most important: your health and recovery. Conclusion Drowsy driving is a serious and preventable danger on our roads. Its effects are as hazardous as drunk or distracted driving, and its consequences can be equally devastating. In Massachusetts and North Carolina, the unique driving environments present different risks, but the fundamental danger remains the same. By understanding the science behind fatigue, recognizing the signs, and taking proactive steps, we can all contribute to making our roads safer. If you have been harmed by a negligent, drowsy driver, remember that you have rights. Contact Pennant Law Offices , PLLC today for a consultation to learn how we can help you seek justice and secure the financial compensation you need to move forward with your life.

How to Handle a Rear-End Car Accident in North Carolina

July 10, 2025
An Essential Guide from Pennant Law Offices, PLLC Rear-end collisions are one of the most common types of car accidents, and while they may seem minor at first glance, they can lead to significant injuries and complex legal issues. If you've been involved in a rear-end accident in North Carolina, knowing the right steps to take immediately afterward and in the days and weeks that follow can be crucial for your health, your financial well-being, and your legal rights. At Pennant Law Offices, PLLC, we understand the challenges you face, and we're here to guide you through the process. Immediate Steps at the Scene of the Accident The moments immediately following a rear-end collision can be disorienting. However, a systematic approach can protect your interests. 1. Ensure Safety First Your primary concern should always be the safety of yourself and others involved. Move to a Safe Location: If possible and safe to do so, move your vehicle to the side of the road or an emergency lane to avoid obstructing traffic or creating further hazards. If your vehicle is inoperable, turn on your hazard lights. Check for Injuries: Assess yourself and your passengers for any injuries. Even if you feel fine, some injuries may not be immediately apparent. Check on the occupants of the other vehicle as well. 2. Call 911 It is almost always advisable to call emergency services, regardless of how minor the accident may seem. Police Report: Police officers will create an official accident report, which can be invaluable for insurance claims and potential legal proceedings. The report will document key details like the date, time, location, parties involved, and initial assessment of fault. Medical Assistance: If anyone is injured, paramedics can provide immediate medical attention. Even if you decline transport to the hospital, having paramedics assess you at the scene creates an official record of potential injuries. 3. Exchange Information Gathering accurate information from the other driver is critical. Driver's Information: Obtain the other driver's full name, contact number, driver's license number, and address. Vehicle Information: Get the make, model, year, and license plate number of their vehicle. Insurance Information: Crucially, obtain their insurance company name and policy number. Witness Information: If there were any witnesses to the accident, ask for their names and contact information. Their testimony can be vital if there are disputes about fault. 4. Document the Scene The more evidence you collect at the scene, the stronger your position will be. Take Photos and Videos: Use your smartphone to take clear photos and videos of the accident scene. This includes damage to both vehicles, skid marks, road conditions, traffic signs, and any relevant surroundings. Get close-up shots of damage and wider shots showing the overall scene. Note the Environment: Pay attention to the weather conditions, time of day, and any specific road hazards. 5. Do Not Admit Fault Even if you think you might be partially responsible, do not admit fault at the scene. Stick to Facts: Simply provide the facts of what happened. Admitting fault, even implicitly, can jeopardize your ability to recover compensation later. Let the insurance companies and legal professionals determine liability. Avoid Arguments: Do not engage in arguments or confrontations with the other driver. After Leaving the Accident Scene The actions you take in the days following the accident are just as important as those at the scene. 1. Seek Medical Attention Promptly This is perhaps the most critical step after securing the scene. Comprehensive Medical Evaluation: Even if you felt fine at the scene, injuries from rear-end collisions, such as whiplash, concussions, and soft tissue damage, often have delayed symptoms. See a doctor as soon as possible. Document Everything: Keep detailed records of all your medical appointments, diagnoses, treatments, medications, and any recommendations from your healthcare providers. This documentation is essential for your personal injury claim. Follow all medical advice and complete any recommended therapies. 2. Report the Accident to Your Insurance Company Notify your own insurance company about the accident promptly, usually within 24-48 hours. Be Factual: Provide a factual account of the accident. Do not speculate or admit fault. Do Not Give Recorded Statements Without Legal Counsel: Be cautious about giving recorded statements to the other driver's insurance company without first consulting with an attorney. These statements can be used against you. 3. Do Not Negotiate with Insurance Companies Alone Insurance adjusters are trained negotiators whose primary goal is to settle claims for the lowest possible amount. Understand Your Rights: You have the right to legal representation. An experienced attorney can protect your rights and ensure you receive fair compensation. Beware of Quick Settlements: The other driver's insurance company may offer a quick settlement, especially if they believe their insured is clearly at fault. These offers are almost always far less than what your claim is truly worth, as they don't account for long-term medical costs, lost wages, or pain and suffering. 4. Keep Detailed Records Organize all documentation related to the accident. Medical Records: All doctor's visits, test results, prescriptions, and therapy records. Lost Wages: Records of any time missed from work due to the accident or your injuries. Vehicle Repair Estimates: Documentation of the damage to your vehicle and the cost of repairs. Communication Log: A log of all communications with insurance companies, medical providers, and legal counsel. Understanding Liability in North Carolina Rear-End Accidents North Carolina is one of the few states that still follows the doctrine of "contributory negligence." This means that if you are found to be even 1% at fault for the accident, you may be barred from recovering any damages. This makes handling a rear-end accident claim in North Carolina particularly complex. In most rear-end collisions, the trailing driver is presumed to be at fault, as drivers are expected to maintain a safe following distance and be attentive to traffic conditions. However, there are exceptions where the lead driver might share some fault (e.g., sudden lane changes, non-functioning brake lights, illegal stops). Due to the strict contributory negligence rule, it is imperative to have skilled legal representation to navigate these complexities and protect your right to compensation. How Pennant Law Offices, PLLC Can Help You Navigating the aftermath of a rear-end car accident in North Carolina can be overwhelming, especially when dealing with injuries, medical bills, lost wages, and uncooperative insurance companies. This is where the expertise of a dedicated personal injury attorney becomes invaluable. Dwayne Pennant, the Founding Attorney of Pennant Law Offices, PLLC, is one of North Carolina and Massachusetts' trusted and experienced Personal Injury, Car Accident, and Estate Planning Lawyers. With a deep understanding of North Carolina's complex traffic laws and insurance regulations, we are dedicated to advocating for our clients' rights. Our firm can assist you by: Investigating Your Accident: Thoroughly investigating the circumstances of your rear-end collision to gather evidence and establish liability. Gathering Evidence: Collecting police reports, witness statements, medical records, and expert testimony to build a strong case. Calculating Damages: Accurately assessing all your damages, including medical expenses, lost wages, pain and suffering, and property damage. Negotiating with Insurance Companies: Handling all communications and negotiations with insurance adjusters, ensuring you are not taken advantage of. Litigating Your Case: If a fair settlement cannot be reached, we are prepared to take your case to court to fight for the compensation you deserve. Conclusion A rear-end car accident, even if it appears minor, can have lasting physical, emotional, and financial consequences. Taking the correct steps immediately after the accident and seeking prompt medical and legal assistance are paramount to protecting your rights and ensuring a fair recovery. Don't let the complexities of North Carolina's legal system or the tactics of insurance companies overwhelm you. Contact Pennant Law Offices, PLLC today for a consultation. Let Dwayne Pennant and our experienced team handle the legal burdens so you can focus on your recovery. Your well-being is our priority, and we are committed to helping you achieve the justice and compensation you deserve.