If you often wonder about how your assets will be distributed after your death, you are not alone. You are also not alone if the phrases ‘estate planning’ or ‘last will and testament’ intimidate you. If you’ve been considering writing a will, listening to that instinct will provide you with much-needed peace of mind. Connecting with a Mooresville wills lawyer is the first step.
Thomas & Webber is an approachable law firm that can help you understand what a will is and what it means to have one. We can also answer any other questions you have regarding wills, living wills, medical power of attorney, advance directives, and estate planning. Our experienced and knowledgeable legal team is excited to start this journey with you, as we are with every client.
A last will and testament is just one part of estate planning. Many people believe that a will is a standalone estate plan. Sometimes, that is the case in smaller, less complicated estates. However, when an individual has significant assets, we typically recommend a will serve as a foundational building block of a larger and more comprehensive estate plan.
When your goal is simply to specify how your assets will be distributed to your heirs, a standalone will can suffice due to its flexibility. Some purposes that a will can serve are described below. If you have minor children, you can appoint a guardian for your children in your will. This is if both parents of the child are deceased.
You can name someone you trust as the executor to serve as the administrator of your estate. An executor has an important job. They must oversee your will through probate first. Next, they must account for all assets and debts and ensure all the debts of the estate are paid. Finally, they must see to it that your wishes are carried out regarding the payment of the beneficiaries named in the will.
Essentially, a will can include anything you want it to. You may wish to exclude someone from being included in the asset distribution of your estate. Some wills dictate what should be done with the testator’s assets. For example, a will can instruct that property or real estate be sold, and then the money be split between beneficiaries rather than the property being held on to.
Some people name specific items of property that they own and designate certain people to receive those items. Some wills even include where the grantor wants their pets to live after they die.
When a family member or loved one passes away, it is often very difficult for them to know what to do, especially while mourning their loss. Having a will can significantly help your family navigate the estate administration process following your passing. This is true whether your estate is small or large.
The first thing your family members will need to do is locate your will. Make sure it is easily accessible. Wills that are hidden in safes, safe deposit boxes, or locked desk drawers take time to locate. Many people leave a copy of their will with their attorney or with a clerk of court. You may want to share a copy with the executor named in your will and discuss your wishes with that individual.
Your family members will begin the administration process by filing at the Iredell County Superior Court. This court is located at the Iredell County Hall of Justice at 226 Stockton Street, Statesville, NC 28666.
It should also be easy for your loved ones to locate and identify your assets. The administrator of your will should be able to easily take inventory of your estate. Both your assets and your debts should be easy to view. It’s a good idea to identify bank accounts and other items that will be needed in an easy-to-find location.
Even if you believe your estate is too small, it’s not. If you have any kind of property or assets that you want to be given to certain beneficiaries, the easiest way to go about that for you and them is with a will. If you have reservations, a Mooresville wills lawyer can help by informing you of estate tax laws, probate procedures, and more.
A: In Mooresville, NC, the cost of hiring a lawyer to draft a will varies greatly from one situation to another. Depending on where you live, estate planning lawyers may charge a variety of different amounts for legal services related to estate planning. The cost will also depend on whether the attorney charges a flat or hourly rate. In addition, a lawyer with more experience will likely be more expensive and vice versa.
A: Having a lawyer assist you in writing your will, or, at minimum, having a lawyer review your will after you’ve written it, is essential. The number of legal mishaps that could invalidate your will after your passing is a risk, and there will be nothing you can do about it. An attorney can review your will and make sure it is seamless and will hold up in court even years later.
A: If you’re in need of a lawyer who handles wills, an estate planning lawyer is likely the type of attorney you should consult. Estate planning lawyers have experience in writing wills as well as probating wills. They also know estate law better than other types of lawyers who provide services under other practice areas, such as criminal law or family law. Selecting the right lawyer is important for anyone who is serious about estate planning.
A: An estate planning lawyer is the ideal option to draw up a will. They have extensive experience in drafting wills that are legally sound and virtually incontestable. Do-it-yourself wills are often subject to dispute over legal errors and loopholes. This can lead to disagreements between your beneficiaries and result in a delay in your wishes being carried out.
The sooner you speak with a Mooresville Willis lawyer regarding your last wishes, the better you will sleep at night. If writing a will is something that’s been on your mind, going through with it can help ease the stress it may be causing you. Schedule a consultation with the friendly legal team at Thomas & Webber, and get started on planning your estate.