News & Notes
Current events and annoucements within our firm are posted to this section and updated periodically. We encourage you to revisit this page at your convenience for the latest updates.
Stacey A. Brady, a member of the Schell Bray Business Practice Group, spoke on October 30, 2014 at the NC Bar Association’s live and webcast CLE program “2014 Basics of Business Law”. Ms. Brady’s presentation addressed North Carolina’s new Limited Liability Company Act and related legal issues.
Stacey Brady practices in the area of general corporate law with a focus on pass-through entities and their taxation. Ms. Brady received her J.D. degree, with honors, from the University of North Carolina at Chapel Hill School of Law.
Host Lea Strickland of WCOM 103.5 FM’s Focus on Business talks with Ed Chaney of Schell Bray PLLC about the role of philanthropy, how it is integral to our democracy and the economy, and important issues for donors and nonprofit organizations alike.
Dori J. Wiggen, a member of the Schell Bray Trusts and Estates Practice Group, spoke on October 24, 2014 at The William and Ida Friday Center for Continuing Education event titled “Promoting Healthy Aging with Older Adults”. Ms. Wiggen’s topic was “Legal Issues Surrounding End-of-Life Care and Aging".
Dori Wiggen's practice concentrates on elder law, special needs, and trusts and estates. She received her B.A. degree from Appalachian State University and her J.D. degree from the University of North Carolina School of Law. Ms. Wiggen is an Adjunct Associate Professor at the University of North Carolina School of Law, where she teaches in the area of elder law.
Dori J. Wiggen, a member of the Schell Bray Trusts and Estates Practice Group, spoke on November 3, 2014 at a Elon University School of Law program titled “Legal and Medical Perspectives on Capacity”. Ms. Wiggen’s topic was an overview on legal definitions of capacity and assessment, including different standards for different documents.
Dori Wiggen’s practice concentrates on elder law, special needs, and trusts and estates. She counsels clients on issues including special needs planning, guardianships, Medicaid, veterans benefits, wills, trusts, estate administration, probate, powers of attorney, healthcare powers of attorney, and living wills. Ms. Wiggen is an Adjunct Associate Professor at the University of North Carolina School of Law in the subject of Elder Law.
Schell Bray has received a “Tier 1” ranking in eight practice areas in the metropolitan market by U.S. News and Best Lawyers® in its 2015 rankings of “Best Law Firms,” the fifth edition of the national survey.
Schell Bray received its Greensboro “Tier 1” ranking which is the highest “Best Law Firms” ranking for its practice in the following areas:
- Corporate Law
- Leveraged Buyouts and Private Equity Law
- Mergers & Acquisitions Law
- Real Estate Law
- Securities / Capital Markets Law
- Securities Regulation
- Tax Law
- Trusts & Estates Law
The U.S. News – Best Lawyers® “Best Law Firms” rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in their field, and review of additional information provided by law firms.
During the recent financial downturn, revenues generated by commercial real estate developers shrank by almost half. During those difficult years, a number of tactics emerged, some old, and some new, that held out the promise of improving the business model by shoring up the bottom line. These tactics attempted to take advantage of the influential position held by developers in what will be the fundamental purchase in the lives of many, buying a home. What follows is a brief discussion of two methods by which developers have attempted to expand the influence afforded their role, and how those attempts have fared/may fare under the law.
Transfer Fee Covenants
A transfer fee covenant (“TFC”) (also known as a recovery fee, a re-conveyance fee or a resale fee) is a requirement included in a deed or a community or condominium declaration that requires the payment of a fee upon a conveyance of a home or unit. The amount of the fee can be a set amount, or can be based upon a percentage of the sale price. A common example of this kind of fee is a capital contribution paid to a homeowner’s association at a closing. Under North Carolina law, for such a covenant to be enforceable, both the benefit and the burden of the covenant must touch and concern the land. The above example satisfies this requirement, as the fee burdens the new owner (it is her requirement to pay), and the money benefits the homeowners’ association, funding common area maintenance, insurance, and other community expenses.
Schell Bray is pleased to announce that Amy H. Kincaid, a partner in the firm’s Trusts and Estates Practice Group, was recently elected as a Fellow in the American College of Trust and Estate Counsel (ACTEC). Ms. Kincaid’s practice focuses on a wide variety of estate and trust administration, estate planning, and tax issues, including simple and complex charitable giving techniques, multigenerational planning, formation and use of family limited liability companies, modification and termination of irrevocable trusts, asset protection planning, power of attorney matters, and estate and income taxation of estates and trusts.
The American College of Trust and Estate Counsel is a national organization of lawyers elected to membership by demonstrating the highest level of integrity, commitment to the profession, competence and experience as trust and estate counselors.
The Greensboro Bar Association recognized its 2013 Herb Falk Society Fellows at its September 18th member dinner at Starmount Forest Country Club. Schell Bray partners Barbara Christy and Jennifer Koenig were among those honored for having performed over 75 hours of pro bono service in 2013.
The Society honors the life and work of the late Herbert S. Falk, Jr., a former Greensboro Bar Association president who was deeply committed to pro bono service.
The firm applauds Barbara Christy and Jennifer Koenig on their exceptional commitment to the practice of law and to making their professional services available without charge for the public good..
Barbara R. Christy and Christina Freeman Pearsall, members of the Schell Bray Real Estate Practice Group, spoke on September 12, 2014 at the NC Bar Association’s live and webcast CLE program “2014 Advanced Topics in Real Property”. Their presentation was entitled “Advanced Commercial Leasing”.
Barbara Christy’s practice focuses on commercial real estate. She is a Board Certified Specialist in Real Property Law – Business, Commercial and Industrial Transactions by the North Carolina State Bar Board of Legal Specialization. Ms. Christy received her J.D. degree from the University of North Carolina at Chapel Hill School of Law.
Christina Pearsall’s practice focuses on commercial real estate. She received her J.D. degree, magna cum laude, from North Carolina Central University School of Law, and LL.M. (Tax) from Boston University School of Law.
Doris Bray has been chosen as Greensboro Lawyer of the Year in the area of Corporate Law. She has been named to the Best Lawyers listing since 1989 in the areas of Corporate Law, Leveraged Buyouts and Private Equity Law, Mergers and Acquisitions Law, Securities/Capital Markets Law and Securities Regulation.
After more than a quarter of a century in publication, Best Lawyers designates “Lawyers of the Year” in high-profile legal specialties in large legal communities. Only a single lawyer in each specialty in each community is being honored as the “Lawyer of the Year.”
The lawyers being honored as “Lawyers of the Year” have received particularly high rating in The Best Lawyers’ survey by earning a high level of respect among their peers for their abilities, professionalism, and integrity.
- Stacey A. Brady speaks on New Limited Liability Company Act at NC Bar Association Program
- Schell Bray Attorney Ed Chaney interviewed on WCOM 103.5 FM’s Focus on Business
- Dori J. Wiggen speaks at UNC Chapel Hill School of Nursing
- Dori J. Wiggen speaks at Elon University School of Law Program
- Schell Bray Listed in U.S. News – Best Lawyers 2015 “Best Law Firms” Rankings
- Two Pitfalls of Leveraging Developer Influence: Transfer Fee Covenants and Tying Arrangements
- Partner Amy H. Kincaid honored as a Fellow in the American College of Trust and Estate Counsel
- Barbara R. Christy and Jennifer L.J. Koenig honored as Herb Falk Society Fellows
- Barbara R. Christy and Christina Freeman Pearsall speak at NC Bar Association Program
- Doris R. Bray and Barbara R. Christy named Lawyers of the Year in 2015 Best Lawyers in America©