Here in Raleigh, North Carolina, any person 18 years of age or older who is of sound mind may make a will. The simplest way to ensure that your funds, property and personal effects will be distributed after your death according to your wishes is to prepare a will. A will is a legal document designating the transfer of your property and assets after you die. Wills are used to avoid the hassles of intestate succession and probate court, dictate funeral arrangements, determine how your assets will be divided and who will care for your children after you pass away. Without a will, your estate will be probated and the state, not you, decides who is entitled to your personal items and granted custody of minor children. Having your estate probated leaves your heirs with a headache. No one should be without a will. Below are some frequently asked questions pertaining to wills.
The amount of your assets is irrelevant. A will ensures that what assets you do have will be given to family members or other beneficiaries you designate. A will is even more important if you have minor children because it gives you the opportunity to designate a guardian for them in the event of your death. Without a will, the court will appoint a guardian for your children.
A living will deals with healthcare issues. It is a separate document that lets your family members know what type of care you do or don’t want to receive should you become terminally ill or permanently unconscious. A will distributes your assets, provides for funeral arrangements and avoids your estate from being tied up in probate court for an extended period of time. Your heirs will greatly appreciate the fact that you died with a will.
In Raleigh, North Carolina, when you pass without a will, your estate will be probated and the state–not a person designated by you–will decide who is entitled to your personal items and granted custody of your minor children. If you die intestate (without a will), the North Carolina laws of descent and distribution will determine who receives your property by default.
A safe place with all of your other important papers. Typically a safe deposit box or your fire proof safe at home. You want to be sure that your family members know about it and can locate it. It is also a good idea for you to give a copy to a family member.
According to NC statutory law, your Executor needs to file your will with the probate court in the County where you resided.
An Executor is the person who oversees the distribution of your assets in accordance with your will. They also carry out your burial request, pay valid creditors, pay taxes, notify Social Security, banks and other agencies and companies of your death.
Typically when you get married or divorced, the birth or adoption of a child, the death of a family member or other beneficiary of your estate, when the named executor or guardian dies or is otherwise unable to serve that role, a significant change in the size of your estate or when you simply decide to make changes in the distribution of your assets, change your funeral arrangements or choose to name another executor or guardian.
The Law Corner Attorneys help people all over Wake County to include the following areas: Knightdale, Wake Forest, Raleigh, Morrisville, Apex, Wendell, Zebulon, New Hope, Cary, Rolesville, Fuquay-Varina, Holly Springs, and Garner.