Attorney for Wills in Leland, NC

A will attorney in Leland, NC, also known as a probate lawyer or an estate planning attorney, is a licensed legal professional who carries out one's wishes when one passes away. Their responsibilities include drafting and validating wills, representing clients in probate court, and providing legal advice on estate planning and distribution. If you would like a free consultation regarding your will or other estate planning matters in NC or SC, constant Bespoke Estate Law today.

Why is it Important to Have a Will in Leland, NC?

Having a will is always a good idea because it will alleviate stress for family members you leave behind.

Save Time and Money

Although everyone will go through probate if they do not have a will, the court must appoint an administrator. This process can be long, expensive, and challenging for family members. Often, family members argue over the deceased's belongings and sometimes become estranged; therefore, if you have everything in writing, this can all be avoided.

Determine Who Manages Your Estate

In this process, you will pick someone to manage your affairs, such as closing bank accounts and liquidating assets. If you do not designate one, a court will assign one, which may not be your chosen person.

Designate Who Will Receive your Property

When you make a will, you decide who will get your house, cars, etc. This person is called a beneficiary. You can also name beneficiaries for property that was not included, such as the residuary of your estate.

Take Care of Your Children

If a deceased person has children under 18, the person appointed in the will, known as the guardian, will become a legal guardian. This process involves the court's approval, and it's important to discuss this with the potential guardian beforehand to ensure they are willing and able to take on this responsibility.

Take Care of Your Pets

A will ensures that your pet receives the proper care and a new home with a trusted friend or family member. Since pets are considered property under the law, you cannot leave them any assets, but you can leave the guardian money to provide for your pet.

The above are just a few ways that a will can help your family after you're gone. Since every person's situation is unique, it is always best to consult a lawyer in Leeland, NC.

Will Requirements in North Carolina

A will must meet the following requirements to be recognized as valid in NC:

Age/Mental Capacity

When executing a will, the tester must be 18 years old and of sound mind. The state may not recognize the will as valid if an individual is a minor or previously deemed incompetent in a prior legal proceeding.

Testator's Signature

The testator must sign the will with the intent to do so. If they are physically unable to sign the will, they may direct someone to do it on their behalf.

Two Witnesses

Two competent and disinterested witnesses must sign the will. Disinterested means that the witnesses are not only beneficiaries of the same will. Although a notary is not required, it is always best to have your will notarized.

Holographic Wills

The state of NC acknowledges holographic wills. This type of will occurs when someone else writes your will because you are not physically capable.

If you are terminally ill or you are dying, the state may accept an oral will. This process requires said person to have two people present to hear their last wishes.

Choosing the Right Attorney to Create Your Will

There are nine types of wills a person can choose from. Hiring the right attorney, who is knowledgeable and experienced, will help you decide the type of will best for your and your family's needs. Below are a few:

Simple Will

This type of will, as in the name, is simple. It contains information about who you would like to care for your minors and names an Executor.

Joint Will

One will is used for two people. A joint will is set up for married couples or partners who would like to be set up as each other's beneficiaries. This type of will can also be used for unmarried couples. Once both are gone, this type will also name final beneficiaries, like their children.

Pour-Over Will

Any assets not listed in your trust will automatically go to the beneficiary named in your trust. This is good to have because people could unintentionally forget to include items.

Trusts

Your attorney might advise you to choose a trust along with some of the wills mentioned above. A trust is a legal contract with a named person who ensures that your assets are handled the way you want while alive and after you die. You can include a trust in your will or create one separately.

Contact Bespoke Estate Law

If you want a comprehensive plan for your family after you pass, Bespoke Estate Law is here to craft the will you need. We'll assist in every step of estate planning, ensuring your intentions are turned into reality. Contact us today for a complimentary consultation. We serve as the leading estate planning lawyers in Wilmington, NC, Myrtle Beach, and all of the surrounding areas.