Clifford C Marshall Attorney

Employment Discrimination Attorneys, Accident & Property Damage Attorneys, Attorneys

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Clifford C Marshall Attorney

Guardianship
Let's say you are married but do not have a Will. You may believe -- and desire -- that upon your death your spouse will inherit all of your property under the intestacy laws. But this is not the case if, in addition to your spouse, you are survived by children or parents. In that case, only a portion of your property will pass under the intestacy statutes to your spouse. And if you have minor children at the time of your death, a costly guardianship proceeding will likely be required to appoint a guardian of the property, in order to handle the property passing to the minor children.

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Marshall, Clifford (Kip) C

Marshall Clifford C

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Employment Discrimination Attorneys, Accident & Property Damage Attorneys, Attorneys, Labor & Employment Law Attorneys

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Phone: (828) 281-2100

Address: 90 Southside Ave Suite 100, Asheville, NC 28801

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Clifford C Marshall Attorney

Guardianship
Let's say you are married but do not have a Will. You may believe -- and desire -- that upon your death your spouse will inherit all of your property under the intestacy laws. But this is not the case if, in addition to your spouse, you are survived by children or parents. In that case, only a portion of your property will pass under the intestacy statutes to your spouse. And if you have minor children at the time of your death, a costly guardianship proceeding will likely be required to appoint a guardian of the property, in order to handle the property passing to the minor children.

Wrongful Death
If you or a loved one face recovery from a catastrophic injury, seek assistance from an attorney who has experience with your type of injury, and who knows how to find every possible source of recovery. The lawyers of Marshall, Roth & Gregory litigate all types of personal injury and catastrophic injury claims including wrongful death cases. We have significant experience handling claims against the negligent driver, medical practitioner, Federal Tort Claims actions and private first and third party lawsuits. Our clients can rest assured that our most qualified and experienced lawyers are ready and able to perform. Back to Top
Fraud
In 2018, total judgments and settlements under the federal False Claims Act amounted to more than $2.8 billion dollars with health care fraud accounting for more than 85% of the recoveries. This monthâ€™s article revisits â€œLincolnâ€™s Law.â€
Money Laundering
Many U.S. citizens or residents own bank and other financial accounts located outside the United States for perfectly legitimate reasons, but some may be unintentionally running afoul of "money laundering" laws -- and risking stiff penalties -- by not annually reporting those accounts when the value exceeds $10,000.

Business and Corporate Law

Business Formation
Comprehensive transactional practice including business formation and operation, contracts, real estate development, government approvals, closings, and formation and governance of community associations.
Business Disputes
Business Transactions
Established in 2001, Marshall, Roth & Gregory, PC provides a broad range of legal services for individuals and small businesses. The firmâ€™s attorneys handle complex personal injury, federal and state commercial litigation, federal and state false claims actions, federal tort claims, real estate and business transactions, real estate development, HOA disputes, construction defects, real estate litigation, trust & estate planning, estate administration, will & estate disputes, employment law/discrimination and eminent domain/land condemnation cases.
Limited Liability Companies
The most popular limited liability entities are corporations and limited liability companies. For both of these entities, the owners are not personally liable for the acts or debts of the business. Back to Top

Employment Discrimination
From 1982 to 2001, Mr. Marshall was an Assistant United States Attorney for the Western District of North Carolina, serving as the Civil Chief for the District fourteen of those years. As Civil Chief, he was the supervisory civil trial attorney for more than 100 federal agencies and sub-agencies. His litigation responsibilities included serving as the United States trial lawyer in medical malpractice cases, Qui Tam (â€œwhistleblowerâ€ ) actions, employment discrimination, personal injury, federal contract and commercial claims, real property title/boundary disputes, civil forfeitures, and financial fraud.
Employment Contract
Employment Litigation

Real Estate Litigation
Kip Marshall is recognized in the area of Government Relations, Lyman "Greg" Gregory in the field of Real Estate law, and Philip Roth in Litigation -- Land Use and Zoning.
Construction Litigation
He has authored legal articles on Qui Tam litigation, Eminent Domain issues, Real Estate Construction issues and North Carolina Easement and Boundary law. He regular teaches continuing legal education courses in Ethics, Litigation Skills for Experienced Lawyers and Boundary and Title law of North Carolina.
Real Estate Transactions
Listed for the 7th consecutive year, Lyman "Greg" Gregoryâ€™s Best LawyersÂ®-related work focuses upon residential and commercial real estate transactions, real estate development and planning and zoning issues throughout western North Carolina. In addition to his law degree, Greg holds a Masters of Regional Planning. He is a longtime volunteer with many western North Carolina organizations focusing on land conservancy and affordable housing.
Eminent Domain
The DOT's I-26 Connector project will benefit Asheville and Buncombe County. But its benefits should not come at the expense of any landowner who faces being divested of a portion of his or her lands without just compensation through eminent domain proceedings.
Easement
Land Use and Zoning
Lyman J. "Greg" Gregory, a shareholder in the Firm, concentrates his practice in the areas of real estate transactions, and small business formation and transactions. He also has special training and qualifications in the areas of land use planning and environmental law and represents clients on permit and compliance issues before local government boards and state and federal administrative agencies.
Property Damage
Can I require my neighbor to remove a tree that is damaged, diseased, or rotten because it might fall and injure someone or cause property damage?

Personal Injury
In 1996 Philip opened a sole law practice, primarily focusing on civil rights, employment and personal injury matters. Five years later, he formed the firm with Kip Marshall. While maintaining his previous practice areas, Philip's practice has evolved to encompass large commercial disputes ranging from construction to derivative actions to matters involving industrial competitors. A significant part of his work also involves litigation arising from real property disputes, having represented homeowners, community associations and developers.
Medical Malpractice
Aside from the expense of medical care, both present and future, there is the related issue of lost income. It can take many months and even years to recover from a serious injury which means time away from your work. In still more serious cases, the victim may never return to work at all, or perhaps no longer be able to work in his or her chosen job or profession and instead be forced into a lower-paying position. Regardless of whether your injury is the result of a serious motor vehicle or tractor trailer accident, defective product, construction/landowner negligence or medical malpractice, you may be entitled to recover lost wages for the time you miss work and/or diminished "earning capacity" if you can no longer work in your prior job or profession. Attorney(s): Kip Marshall and Philip Roth

Trusts and Estates

Estate Planning
T: 828.281.2100 ext. 209 A lifelong North Carolina resident, Tai C. Hensley is a graduate of Wake Forest University (B.A., Psychology) and Elon University (J.D.). Tai centers her practice on estate planning and administration. While attending law school, she served as treasurer for the Student Bar Association, a Business Associations teaching assistant, student attorney for the universityâ€™s entrepreneurship clinic, and resident-in-practice for the IRS, Office of Chief Counsel, Small Business and Self-Employed Division.
Wills
As the greeatest intergenerational wealth transfer in U.S. history unfolds, North Carolina lawyers are seeing substantial increases in the filing of Will Caveat proceedings challenging the validity of a Last Will and Testament
Trusts
Prior to joining MRG in 2009, Ms. Vinson previously practiced for several years with one of Asheville's large law firms in the areas of trusts and estates, and worked in the trust department of a major banking institution.
Power of Attorney
In general, any individual who is signing loan documents and who is going to be an owner of the property must attend closing. However, It may be possible to complete a closing through an attorney-in-fact with a valid power of attorney authorizing the attorney-in-fact to act as agent for another. If there is a lender, the lender must approve closing with a power of attorney, and lenders frequently do not grant such approval. It may also be possible to arrange for signing elsewhere if documents can be returned by overnight delivery, and the lender approves signing on a different date. Sellers more frequently do not attend closings because their documents are easier to prepare, sign, and deliver ahead of the closing. Back to Top
Probate

Tax Law
2022 continues the recent trend of an historically large federal unified exemption amount for bequests and lifetime gift-giving, and because of this significant change from earlier years, careful review of tax planning provisions in existing estate planning documents is warranted â€’ as well as consideration of lifetime gift planning.

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