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Our Services

Estate Planning

Do I need a will or a trust? Do I need a living will or a healthcare power of attorney? How do I make sure my assets will not go to the state when I die?

Clients come to us at Kincaid & Associates, PLLC with questions like these all the time. There are truckloads of information in newsletters, magazine articles, and the internet explaining all the caveats of estate planning—so much so that clients have information overload.

The estate planning process can be easy, timely, and personal if done correctly. Contact Kincaid and Associates today for a free consultation on what estate planning tools are available to you. You can come to our office, or we will come to you so that we can provide personal service and ensure all your questions are answered.

Special Needs Trusts and Disability Advocacy

Do you have a loved one who is getting Social Security Insurance (SSI), Social Security Disability (SSDI), Medicaid, CAP, or any other needs-based governmental program? Did you know the law limits the amount of money that you can leave that loved one without them losing government benefits? Special needs or supplemental needs trusts allow you to leave money to your loved ones without jeopardizing their government benefits.

If you are a person under the age of 65 and are receiving government benefits and inherit money or prevail in a lawsuit and collect money, you may need your own special needs trust in order to keep your government benefits.

If you are a veteran, you may qualify for additional money by creating a special trust.

Guardianship may be appropriate for your loved one and, if so, we can work with you to determine what type of guardianship you need as well as complete all paperwork and attend the guardianship hearing with you to ensure you can continue to protect and assist with decisions for your loved one.

Contact Kincaid & Associates, PLLC today for a free consultation and to determine if a special needs trust is right for you and your family.

Probate

When a loved one passes away, the responsibilities can be overwhelming. You may need help in determining what obligations your loved one’s estate has to the state through probate. Kincaid & Associates, PLLC can navigate you through the probate process, including initial filings, appearances before the Clerk of Court, communications with financial institutions, and transferring of assets.

Elder Law

Nothing is more important to us than making sure our aging parents and grandparents are well cared for and have their estate plans in order. Powers of attorney are critical to have in place so that you can help care for aging parents.

In some cases, guardianship may be appropriate as well. Elderly are often victims of scams, and our office can work with you if your loved one is a scam victim.

Planning now for Medicaid can preserve assets for future generations. By utilizing gifts and certain trusts, family goals of wealth preservation can be achieved.

Do you have questions about Medicare, Medicaid, Social Security benefits, or supplemental insurance? Want to learn more about long-term care and retirement living centers? Kincaid & Associates, PLLC is a member of the Wilmington Senior Alliance and is a trusted resource for you and your family on issues relevant for seniors.

LGBT Life and Estate Planning

Same-sex and domestic partners often have to rely on contract law to provide benefits that federal and state laws provide to a married man and woman. Many issues can arise in LGBT relationships as well as domestic partnerships, such as gift tax issues, hospital visitation, domestic partnership agreements, and same-sex adoption. Kincaid & Associates, PLLC can work with you on your estate planning needs to ensure that you and your partner are protected.

Good financial planning is also the key to a sound estate plan, and Kincaid and Associates can work with your financial planner or refer you to resources with dedicated experience in the LGBT or domestic partner area.

If you would like a free consultation, please contact Kincaid & Associates, PLLC today.

Business Formation Planning

Kincaid & Associates, PLLC can help you start and grow your business, but it all starts with choosing the right entity for your business. Whether you are a sole proprietor, partnership, corporation, or an LLC, there are tax advantages and ways to limit your liability depending on which entity you choose. Our accounting experience allows us to work with your accountant or CPA to choose an entity that meets your goals and objectives.

We will consult with you about your new business, help find funding, assist with your business plan, file the necessary paperwork with the Secretary of State, and provide ongoing information about the legalities of running a business.

If you have started a new business or are thinking about it, please contact Kincaid and Associates today.

Corporate Counsel

In addition to providing assistance to new and emerging businesses with initial formation and planning, Kincaid & Associates, PLLC provides ongoing corporate counsel advice for established and growing businesses. We can provide assistance in contracts, negotiations, human resources issues, business filings, capital campaigns, adding new members or stockholders, sale or transfer of the business, and dissolution.

Intellectual Property

Your ideas could be worth money. Graphics, music, software and unique names for your business are all examples of intellectual property. Kincaid & Associates, PLLC can help you protect your good ideas from your competition and ensure that you are not infringing on anyone else’s good ideas.

We can perform trademark and copyright searches, file trademark and copyright applications, docket potential trademark infringement, and represent you if the United States Patent and Trademark Office or Copyright Office refuses your registration or another entity challenges your registration. If you need advice on protecting the name of your business or filing a trademark or copyright application, please contact Kincaid & Associates, PLLC today.

Civil Litigation and Dispute Resolution

Kincaid & Associates, PLLC can help defend you or pursue litigation on your behalf. We will always work with you to avoid the costs associated with a trial and be with you if your case goes to trial. The world is a maze of contracts and sometimes, contracts are breached, and your rights are impacted. We are all potential plaintiffs and defendants.

We have represented individuals and companies engaged in a wide range of businesses, such as insurance, nonprofits, banking, real estate, art and design, distribution, software development, manufacturing, and retailing.

Some of the matters we have encountered in our litigation practice include partnership disputes, business dissolutions and other commercial torts, credit card charge-back disputes, tortious interference, breach of contract, breach of fiduciary duty, restrictive employment contract covenants, distributorship disputes, commercial leasing and real estate disputes, defamation and slander, intellectual property, and unjust enrichment.

Contact us at the first sign of a legal issue so that we may work with you and the adverse party to work towards a quick and fair resolution.

Taxation

Transactional Tax Planning, Including Corporate Mergers and
Acquisitions, and General
Corporate Tax Planning
Tax Planning for Start-Up Companies
Individual Income and Estate Tax Planning
Partnership and LLC Tax Planning and Formation
Planning for Tax-Exempt Entities (Non-Profit Organizations)

Our attorneys are ready to help address your legal needs. To schedule an appointment, fill out our online form or call our office in Wilmington, NC at 910-399-7907.

The information provided on this website does not constitute legal advice and does not establish an attorney-client relationship. This website contains basic information on legal matters and is not intended to provide advice regarding a specific legal problem you may have. We remind you not to rely on this general information without first communicating with us or other legal representation regarding your specific legal situation.