Sherrills Ford Estate Planning Lawyer

Estate Planning Attorney in Sherrills Ford, NC

When most people think of planning for their eventual passing, they think of drafting their will. A complete estate plan involves a variety of other legal documents. Working with a Sherrills Ford estate planning lawyer can help ensure your wishes are respected.

Hire an Estate Planning Lawyer That North Carolina Locals Trust

The team at Thomas & Webber has a niche focus on estate planning and residential closing. When you come in for your confidential consultation at our Mooresville office, you’ll be able to explain your situation and unique needs. We’re here to help protect the legal rights of our fellow North Carolina residents. Let our team take care of your estate plan so you can rest easy knowing your future and your loved ones’ future are being taken care of.

The Elements of an Estate Plan

In 2023, around 31,283 residents of Catawba County were 65 and older. It can be difficult for people to think of their mortality. Planning for the future is a vital step in life for everyone. Working with an attorney can help streamline the process and ease your stress. There are various documents that can be included in a person’s estate plan, such as:

• A will: This document outlines how you wish your property to be distributed upon your death. When someone dies, their estate may go through probate. This process collects your assets, uses them to pay off any outstanding debts or taxes, and distributes the remaining assets according to your will. For Sherrills Ford residents, probate is overseen by the Catawba County Justice Center, located at 100 Government Drive in Newton.
  A will can also name a trusted person to be your estate’s personal representative. They’ll be in charge of handling the probate process. Having a clearly detailed will outlining your wishes can help ensure a smooth probate process.
• Healthcare power of attorney: This document lets someone appoint another person to make health care decisions on their behalf if they can’t make or communicate those decisions themselves. For example, if you develop dementia later on in life, and your adult child was named your healthcare agent, they could make your medical decisions. This document can grant the person full authority or limit it to specific decisions.
• Power of attorney: This document names a trusted person to act on your behalf for specific or broad tasks. Their authority can cover property, finances, or business matters. For example, you can name a power of attorney to handle the sale of your home if you’re out of the country. A power of attorney ends when you pass away, revoke it, or the purpose is completed.

It’s important to hire an estate planning lawyer to help you draft your documents. Even a simple mistake can invalidate your estate plan during probate. Working with a knowledgeable professional can help ensure legal compliance.

What Happens if You Pass Away Without a Valid Will

The average home value in Catawba County in 2023 was $218,100, with the average household income being $64,544. Without a will in place, your assets can spark arguments amongst your loved ones, causing further hardship for them after your passing.

For people who pass away without a valid will in place, their estate will be distributed according to North Carolina’s intestate succession laws. For some people, these laws conflict with personal wishes, making it crucial to plan your estate properly.

Under these laws, if someone dies without any children or parents, their surviving spouse receives 100% of their estate. If the deceased had one child or grandchildren, the surviving spouse gets half. If the deceased had more than one child or grandchild, the surviving spouse’s claim becomes smaller.

Whatever is left over after the spouse’s share is then distributed among children and grandchildren. If the deceased didn’t have a spouse, children, or grandchildren, the property would then go to any surviving parents, siblings, and distant relatives.

FAQs

What Should I Look for in an Estate Planning Lawyer in Sherrills Ford, NC?

When choosing a Sherrills Ford estate planning attorney, look for someone whose primary practice is estate planning with experience specific to North Carolina’s estate planning laws. Ensure that your attorney prioritizes clear communicators with excellent client reviews, transparent flat-fee pricing, and a good personal fit. Interview your attorney and confirm they’re in good standing with the NC State Bar.

What Is a Collection by Affidavit in Sherrills Ford, NC?

In Sherrills Ford, NC, when someone dies and leaves $20,000 or less in personal belongings, their family may be able to use a simple shortcut called “collection by affidavit.” This lets them claim the property without going through probate. It’s faster and cheaper than regular probate. It can’t be used if any real estate needs to be sold within 2 years of the person’s death.

What Is the 5-by-5 Rule in North Carolina Estate Planning?

In estate planning, the 5-by-5 rule is a clause in many trusts that gives beneficiaries limited access to the trust’s funds. The beneficiary can withdraw up to $5,000 or 5% of the trust’s fair market value every year, whichever amount is greater. This rule helps trusts created for long-term use. If you’d like to create a trust for a loved one and this clause appeals to you, be sure to mention it to your lawyer.

Does Sherrills Ford, NC, Have an Inheritance or Estate Tax?

There is no state inheritance or estate tax in Sherrills Ford, NC. There is a federal estate tax on estates with higher values. In 2025, the federal estate tax applies to any estate worth more than $13.99 million. This means that if the total value of the deceased’s estate is below this amount, no federal estate taxes are owed. For estates that owe, the debt may be paid from the estate’s assets. Any remaining assets can be distributed in accordance with the will.

Choose an Experienced Estate Planning Law Firm Today

Reach out to the team at Thomas & Webber today to schedule your confidential consultation. Our firm has a team of attorneys with diverse experience in commercial and residential real estate, including residential closing, corporate matters, and estate planning, enabling us to rely on one another when handling complex legal matters for our clients.