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.
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A sound estate plan will help guarantee your family's safety and wellbeing. Contact Adkins Law to arrange an estate planning consultation at no charge with a Huntersville wills and estates attorney. One of our Huntersville estate planning lawyers will arrange to meet with you to discuss your will, trust, power of attorney, and living will.
By Elspeth Crawford What happens to you after you die is a question with no answer. What happens to your stuff, however, is much more clear. If you own property and assets, you should strongly consider drafting a will. That way you, and not your state government, can decide who gets your property and assets when you die. In most cases, wills are written legal documents, but some states do recognize other types of wills. The legal requirements of each state can vary, so it's essential that your will is drafted and executed properly. The main reason for having a will is to allocate your property to heirs in any way you like. But there are other things you can include such as funeral arrangements, legal guardians for your minor children, and who should serve as executor of your will or trustee of any trusts you create. A Will Must Meet Certain Legal Requirements Most wills are formal documents that instruct how money and property should be distributed to each person named as an heir. Typically, for a will to be valid, you need to have one or two people witness you signing the will and then sign it themselves. The witnesses can be anybody,; they require no special qualifications. In some states, however, wills that are handwritten or simply spoken can be legally enforceable, too. A Will Keeps The Government Out Of It When you die without a will, state laws known as "intestate succession laws" will decide which family members will inherit your estate and in what proportion. In most states, your spouse and children take priority under intestate succession. If you want other people to inherit some of your property, or if you want to leave everything to your spouse and children, but in different proportions than they would receive under your state’s law, a will is one of the best ways to ensure that the state won't make that decision for you. Make It Easier On Your Family The division of an estate after death can bring out many emotions. The slightest differences can result in hurt feeling and recriminations. As divorce becomes more complex and blended families more common, dividing assets has become even more complicated. A typical situation is when you're in a second marriage and have children from your first marriage. In this case, allocating your property purposefully between your second spouse and your children can give you peace of mind and prevent your family from fighting over your possessions. DIY Solutions May Cause More Problems Than Solutions The law surrounding creation of a will is complicated and nuanced. Plus, the facts of each case are unique. This article provides a brief, general introduction to the topic. For more detailed, specific information, please contact a trusts and estates lawyer. What is a living will? In North Carolina, a living will, also referred to as an Advanced Directive for a Natural Death, specifies what type of health care and medical treatments you prefer if you are unable to direct your health care. Without a living will in place, in the event you suffer from an illness or accident that leads to your incapacitation, you won’t be able to make decisions regarding your health care treatment. When you have a living will, you may specify what health care treatment you desire, even if you cannot communicate this to your health care provider. A living will allows you to direct your health care provider to provide you with the maximum care possible, minimum care possible, or leave the decision to the discretion of an appointed health care power of attorney agent. A health care power of attorney works in conjunction with a living will. This is the document that appoints your health care agent. A health care agent is someone who can direct your health care in the event of your incapacitation. Most people choose their spouse, significant other, relative, or close friend to be their health care power of attorney. In North Carolina, the only requirements for being a health care power of attorney are that you are at least 18 years old and you are not being compensated for your position. If you need legal advice concerning a living will, advanced directive, or health care power of attorney, please contact Adkins Law PLLC to speak with an estate planning attorney in Huntersville NC. Adkins Law is located in Huntersville and primarily serves Huntersville, Cornelius, Davidson, Charlotte, Mecklenburg County, and the Lake Norman area. |
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