Sherrills Ford Wills Lawyer

Wills Attorney in Sherrills Ford, NC

If you’ve been thinking of establishing a will, there’s no better time than now to do so. Putting your final wishes in writing is a great way to ensure how your assets are divided, your funeral arrangements, and who should carry out your final wishes. However, making sure your will is legally valid can be tricky. Our Sherrills Ford wills lawyer at Thomas & Webber can help you draft a fully legal will that can give you peace of mind that your last wishes will be honored.

Why Choose Thomas & Webber

At Thomas & Webber, our team of estate planning attorneys has been providing client-centered services to residents throughout North Carolina. Without our knowledge and professional guidance to help you draft documents in your wills, trusts, and estate plan, like advance directives. We communicate promptly and can ensure you understand all relevant laws to make your will compliant.

What Is the Purpose of a Will?

A will is a legal document that spells out your end-of-life plan for everything you will be leaving behind and any important decisions that need to be made when you’re gone.

Also known as a last will and testament, your will includes:

• Naming an executor who will help carry out the will’s instructions
• How and to whom your assets, such as properties, money, and possessions, should be distributed
• Who will be the guardian of your minor children or other dependents
• Your funeral preferences

Your will is a main part of your estate plan, which also may include an advance health care directive, trusts, and a power of attorney document to name someone to make financial or medical decisions for you if you’re unable to.

How Wills Work in North Carolina

North Carolina outlines its will laws under General Statutes Chapter 31. Any adult of sound mind and at least 18 years old can create a will with the help of a Sherrills Ford will attorney.

The state identifies three different types of wills:

• An attested written will is a standard will that requires at least two adult witnesses present when signing.
• A holographic will is a will that is written in your own hand and signed. This type of will does not require a witness.
• A nuncupative will is when a person verbally expresses their final wishes on their deathbed. At least two adult witnesses should be present.

While holographic and nuncupative wills are recognized by North Carolina courts, they are much easier to challenge than an attested written will and go through a great deal more scrutiny to ensure their validity.

For example, for holographic wills, a North Carolina Judicial Branch judge in Catawba County requires the testimony of at least three witnesses to verify the will writer’s handwriting. Because it’s not written down, a nuncupative will can be hard to prove and only allows you to distribute personal assets and not any real estate holdings.

Why You Need a Will

Having a legally valid written will is the principal way to make sure your dying wishes are understood and carried out.

Having everything spelled out in a will can make it much easier for your family to follow your final instructions and understand how you want your assets divided. Past surveys show that about 35% of adults experience family infighting after a family member dies with no proper estate plan.

If you pass away without a will in North Carolina, the state’s Intestate Succession Act will determine how your assets are divided. A Catawba County judge would name an administrator for your estate, and all assets would be distributed to your closest living relatives, such as your spouse and children, despite what you may have wanted.

Generally, having no will also means your assets will be tied up in probate for a much longer time, which can be difficult on your family.

FAQs

How Much Does a Will Cost in Sherrills Ford?

How much a will costs in Sherrills Ford depends on the type of will you decide on and its complexity. For example, a handwritten holographic will and a verbal nuncupative will are both free to create. However, they are risky as they are easily contested in court. The cost of drawing up an attested written will with help from a Sherrills Ford wills attorney depends on the complexity of the will, such as managing large estates with a large number of assets.

Do I Need a Lawyer to Draft a Will in NC?

Technically, no, you don’t need a lawyer to draft a will in NC. However, wills written without the help of a lawyer have a high risk of being contested in court due to mistakes like not having the necessary witnesses, being unable to handle complex estates, or not having clear language on how assets should be distributed. Drafting an attested written will through a lawyer can ensure your final wishes will be followed.

Can I Change My Will Once Written and Signed in Sherrills Ford?

Yes, you can make changes to your will at any time, even when it’s written and signed in Sherrills Ford. We highly advise updating your will after any major life changes, such as a marriage, divorce, or the birth of children or grandchildren. Depending on how many changes you need to make, you can either make a completely new attested written will or write a codicil, which is a legal document that revises certain areas of your current will.

What Is the Difference Between a Will and a Trust in NC?

There are several important differences between a will and a trust in NC, including the following:

• A will takes effect after your death; a trust, also known as a living trust, can take effect while you’re alive and continue after you pass away.
• Wills are required to go through probate; trusts usually are not.
• Wills become public record; trusts are private.
• Wills allow you to name guardians for minor children.

Having both a will and a trust puts you on a path toward a comprehensive estate plan.

Hire a Wills Lawyer in Sherrills Ford, NC, Today

A survey of over 1,000 adults in the U.S. found that one in four Americans has yet to create a will. If you’re one of those people, there’s no time like today to hire a wills lawyer and get the process started. The attorneys at Thomas & Webber have years of experience helping Catawba County residents set a future plan that is legal, stable, and protects their valuable assets. Contact our office today to learn more about how we can help.