S-Town is sequel to the podcast Serial that takes place in a rural Alabama town. The story opens with a reporter investigating a son of a wealthy family who has been allegedly bragging that he got away with murder. As the story unfolds, there is a shift in focus from the alleged murder to John B. Mclemore, the star of the show. His eccentric outlook on life and colorful personality, keep the audience wondering what he is going to say next. The tragic death of Mclemore, sparks a nasty feud between Tyler (a friend of Mclemore) and Mclemore’s family. John’s untimely death left behind a plethora of personal belongings, a house, and a mother who had been suffering from dementia. Since John did not create a will before he died and did not arrange care for his mother in his absence, the family and Tyler were left to decide what would happen to John’s belongings and his mother. The rising popularity of this podcast, has made people wonder what would happen if this occurred in their town, who would care for their mother or gain possession of their things if they died without a will?
Dying Intestate If someone dies without a valid will, the legal terminology that is used to describe this circumstance is “dying intestate.” Under the North Carolina intestate succession laws, the person’s assets will go to the individual’s closets relatives. The only assets that are affected by intestate succession laws are assets that would have passed through an individual’s will. Typically, that includes only assets that the individual owns alone, in their own name. Property that an individual has transferred to a living trust, life insurance proceeds, and funds in retirement accounts are all examples of assets that are not affected by interstate succession laws. In addition, under interstate succession, who is entitled to what depends on whether or not the person has living children, parents, or other close relatives when they die. In Tyler’s case, since he is neither a child of John’s nor a blood relative, he would not be entitled to any of John’s possessions. Holographic Will Prior to John taking his own life, he left Tyler a text message saying that he was allowed to have certain items if he ever decides to get rid of them. In North Carolina, a text message does not count as a will. North Carolina recognizes two alternate forms of wills, known as holographic and nuncupative wills. A holographic will is a handwritten, not typed document and must be entirely in the testator’s handwriting. Holographic wills are still valid without witnesses, but it is imperative that the testator signs the document. Guardianship When John died he left behind a mother with dementia. Her deteriorating mental state and old age made her incompetent and unable to take care of herself or her personal affairs. John was her general guardian giving him the power to make personal decisions for and handle the finances of his mother. John failed to make arrangements for her prior to his death, so when he died there was a question of who would care for Johns mother, Mary Grace. Usually, in guardianship documents there are backs listed to take over the care of the ward (the incompetent adult) in the event that something happens to the guardian. If no backs are listed in the documents, then anyone can petition to be the ward’s new guardian. It is usually other family members that petition to be the ward’s new guardian. Decisions are made in the best interest of the ward. In the event that no one comes forward and petitions to be the new guardian, then a public guardian will be appointed by the courts. In John’s mother Mary Grace’s case, John’s cousin was the best person to gain guardianship over her after John died.
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If you would like to arrange a consultation to speak with an estate planning attorney, contact Adkins Law. Adkins Law has locations in Huntersville and Ballantyne for your convenience. What is a durable power of attorney, and why is it important to have one? If you need a durable power of attorney, or would like to speak to an estate planning attorney, Adkins Law can help you. Contact Adkins Law to arrange a free estate planning consultation. Adkins Law has locations in Huntersville and Ballantyne. 1. You determine who gets your property, personal and real, and also who receives your money.
2. Potential arguments between family and friends over who gets what are minimized. 3. You may appoint a guardian for your children. If you do not appoint a guardian, the court will, and that person may not be someone you wish to raise your child. 4. You may appoint trustees for your minor children to oversee the estate they inherited. When you appoint a trustee, you may place specific directions in your will to allow for using your child's inheritance for support, education, and direct how and when your child receives the remainder of their inheritance. 5. You can appoint an executors (or administrator) to determine your assets, pay off any debts, pay any death taxes, and distribute what is left of your estate. 6. If you are an unmarried couple you can ensure that your partner is provided for. 7. If you are separated but not yet divorced your spouse or civil partner may still be able to make a claim on your estate until the divorce is finalized. 8. You can ensure you do not pay more inheritance tax than is necessary. Wills can be utilized to make savings on inheritance tax. If you would like to speak with an estate planning attorney concerning drafting a will, contact Adkins Law. We have locations in Huntersville and south Charlotte for your convenience. A person who dies without a will is referred to have died intestate. The court will distribute the decedent’s estate to the surviving spouse first and then remaining balance will be distributed to the decedent’s descendants by using the Per Capita at Each Generation method. The court follows the intestate rules provided under the North Carolina General Statute (“NCGS”). Spouse’s portion of the decedent’s estate: NCGS 29-14 provides the rules for what portion of real property and personal property the surviving spouse shall receive from the decedent’s estate. Real Property For real property the following rules apply under NCGS 29-14(a). First, if the decedent has no surviving children or grandchildren and their parents are also deceased, then the spouse receives all of the real property. Second, if the decedent has one child or any lineal descendant (grandchild) of a deceased child that has survived them, then the spouse receives only one-half interest in the real property. Third, if there is: two or more children, one child and any lineal descendant of one or more deceased children, or lineal descendants of two or more deceased children that has survived the deceased; then the spouse receives one-third interest in the real property. Lastly, if there are no surviving children or lineal descendants but one or both of the parents survived the deceased, then the spouse receives only one-half of the real property while the remaining portion goes to the surviving parent or parents of the deceased. Personal Property For personal property the following rules apply under NCGS 29-14(b). First, if the decedent has no surviving children or grandchildren and their parents are both deceased then the spouse receives all of the personal property. Second, if the decedent has one child or any lineal descendant (grandchild) of a deceased child that has survived the deceased, then the spouse receives the first $60,000 plus one-half of the remaining balance of personal property. Third, if there is: two or more children, one child and any lineal descendant of one or more deceased children, or lineal descendants of two or more deceased children that has survived the deceased; then the spouse receives the first $60,000 plus one-third of the remaining balance of personal property. Lastly, if there are no surviving children or lineal descendants but one or both of the parents survived the deceased, then the spouse receives the first $100,000 plus one-half of the remaining balance of personal property while the remaining portion goes to the surviving parent or parents of the deceased. Surviving children and lineal descendant’s share: Under NCGS 25-16 provides that the court shall use the Per Capita at Each Generation method to distribute the remaining portion of the decedent’s real and personal property. The Per Capita at Each Generation, provides the initial division of shares of interest is made at the closest generation at which one or more descendants are alive, but the shares of the deceased persons on that generational level are treated as one group and are dropped down and divided equally among the representatives in the next generation. Note that NC does not recognize step-children to take if their step parent dies intestate. However, NC treats half-blood and whole-blood descendants the same. If you would like to speak with an estate planning attorney in regards to drafting a will, please contact Adkins Law for a free estate planning consultation. Adkins Law has offices in Huntersville and Ballantyne for your convenience. By Christopher Adkins Living wills, also called an advance directive regarding a natural death, allow a person to express their desires and preferences regarding medical treatments in the event they are unable to communicate their wishes later due to unconsciousness or incapacity. Having a living will is beneficial for a number of reasons: Benefit #1: You are in control of the outcome. Having a living will is advantageous because it allows you to control the outcome in advance. In the event that an accident or disease renders you incapable of making your own medical decisions, with a living will set in place, you can rest assured that decisions regarding your medical treatment will be carried out. Benefit #2: Make decisions easier for your loved ones. Without a living will, your loved ones are burdened with making difficult medical decisions on your behalf. By having a living will, you relieve this burden and stress from them by having already elected what medical decisions you want. Not only does this create less stress for your loved ones, it prevents potential arguments among your family members. Benefit #3: Control what treatments you receive. Not everyone wants the same medical treatments. Having a living will allows you to refuse any medical treatments you may not want. Benefit #4: Insure that medical providers follow your wishes. It goes without saying that your doctor wants to do their best to follow your wishes and desires regarding medical treatments. With a living will set in place, your can insure that your doctor will follow your desires, and not just do what they feel is best. This allows you to retain control of your medical treatment instead of decisions simply being made by your doctor. Benefit #5: Prevent financial burdens for your family. People who suffer from permanent illnesses and medical conditions can require long-term care, which can be extremely expensive. If you are in a coma and require long-term life support, for example, you may incur very large medical bills, which may require your family to help pay for your treatment and care. Having a living will set in place can help manage and prevent any unnecessary financial encumbrances for your family. If you would like to arrange a consultation with an estate planning attorney to discuss living wills, contact Adkins Law. Adkins Law has offices in Huntersville and Ballantyne for your convenience. Do you need a will or custom estate plan? Contact Adkins Law to arrange a free estate planning consultation with a Huntersville estate planning attorney. One of our Huntersville estate planning lawyers can help you create a will, trust, power of attorney, and living will suited to your specific needs. The Health Insurance Portability and Accountability Act of 1996 ("HIPAA") governs, in part, the disclosure of protected health information. HIPPA potentially creates issues for health care agents in that it prohibits the disclosure of protected health information until such agent is acting. Similarly, a patient's family may not receive protected health information without that patient issuing a HIPAA authorization or release authorizing the disclosure. The principal may limit the type of information released and revoke the authorization at any time. Without having a HIPAA authorization on file with the health care provider, the patient's agent, family, friends, and others involved in his or her care, or payment for care, may not receive protected information. If you would like to meet with an estate planning attorney to discuss HIPAA, health care agents, and living wills, contact Adkins Law to arrange a free estate planning consultation. Adkins Law has locations in Huntersville and Ballantyne. |
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