Wills & Estates
Wills and Estate Administration
Protecting your assets and caring for your family are important issues during life and after death. A strategic plan will lessen the burden on your family and provide for their financial well-being.
Wills
A will is a legal document that allows you to control how and to whom certain assets owned by you pass at your death. There are formal requirements that must be met for a will to be valid under North Carolina law. An experienced practitioner can provide the assurance you need that your will complies with the law. If a will is not compliant with the formal requirements of the law or if you die without a will, then North Carolina law dictates how and to whom your money, property, and personal belongings will pass. This may create a situation where your estate passes to someone whom you do not desire for it to pass.
Probate
Estate administration or probate, as it is commonly referred to, is a process by which a deceased person’s estate is administered through a strict and formal process or proceeding that is overseen by the Clerk of Superior Court. A personal representative appointed and approved by the Clerk is tasked with handling the assets and affairs of the deceased person. The personal representative must perform the following duties: notifying beneficiaries, gathering assets, paying debts, filing and updating inventories and accountings of all property that comes into and goes out of the estate; placing a publication in the newspaper; and, distributing the property. The Clerk of Superior Court makes sure that the personal representative is properly performing his/her duties. A mistake made by the personal representative may subject him/her to personal liability. An experienced practitioner can assist the personal representative in fulfilling his/her required duties by becoming the attorney for the estate, which is set forth in the probate forms. An attorney can navigate the time deadlines and can prepare all forms, inventories, accountings, notices, motions and orders required for signature by the personal representative in the administration of the estate.
Powers of Attorney
A power of attorney (POA) is a legal document in which a person called the “principal” gives authority to an “agent” to act for the principal. The document giving this power can be general, which allows an agent to handle all of the affairs of the principal such as banking, insurance, legal, tax, government benefits, business, etc. A POA can also be limited to a specific matter or affair of the principal. It can be limited in duration or it can be perpetual until revoked by law. It can be made effective
immediately upon execution or it can be a “springing” POA which takes effect at a later date. A POA may allow an agent to make health care decisions for the principal. The agent has a duty to act in the best interest of the principal. It is important to consult an experienced attorney for the drafting of your power of attorney. A POA must be drafted with precise language to accomplish your objectives. Much consideration should be given before granting an agent the ability to perform as you.
Living Wills
A declaration of a desire for a natural death or living will, as it is commonly referred to, is a legal document which allows you to make the decision to withhold life sustaining measures in the event that your physician determines that you are in a persistent vegetative state or a terminal and incurable condition. The general statutes in North Carolina are very specific in regard to the meaning of these terms. By executing a desire for a natural death while you are competent and of a sound mind, you are taking the burden off of a family member to make such a decision on your behalf in the event that you become subject to one of these conditions. The document is a legal directive that must be followed. It gives you control and authority over the opinions of others with regard to the end of life care that you desire to receive.
Our Services Include:
- Estate Administration / Probate
- Year's Allowance
- Affidavit for Collection of Personal Property
- Summary Administration
Preparation of:
- Last Will and Testament
- Durable Power of Attorney
- Health Care Power of Attorney
- Declaration of a Desire for a Natural Death / Living Will
Call us today at
252-447-2300, to schedule your free consultation.