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Monroe Wills Attorney

Monroe Wills Lawyer

Every person should have some sort of will or estate plan in place before they pass. While it can be difficult and daunting to think about your future, making sure that your final wishes are documented is critical in case something happens to you. Creating a will can not only grant you some peace of mind for the future, but it can also make the grieving process much easier on your family as well. If you are looking to create a will here in Monroe, North Carolina, our expert lawyers at Pinnacle Law can assist you today.

Your Monroe Wills Lawyer

At Pinnacle Law, we are dedicated to helping North Carolina residents plan for their futures. We understand that creating a will can be both intimidating and emotional. That is why we offer professional services that allow you to feel comfortable enough to help us document your wishes properly. We have years of experience creating wills, estate plans, and personalized solutions for individuals across North Carolina. We are committed to helping our clients feel confident about what happens in the future. If you have been thinking about creating a plan for the future, don’t wait to see how our team at Pinnacle Law can help.

What Is a Will and What Does It Do?

A will is a legal document that outlines an individual’s last wishes as to how their property will be divided and who it will be given to after they pass. The purpose of a will is to document your wishes so that when you do pass away, the court does not take over the process of distributing your assets by default. By creating a will, you can trust that your final wishes will be followed, and your property will be taken care of as you desire.

The main details that a will can address include:

  • Property and asset division.
  • Beneficiaries and what they will receive.
  • Guardianship for any minor children.
  • Naming an executor to carry out the will.
  • If there is inheritance involved, you can detail when an individual may receive it.

Different Types of Wills in North Carolina

In North Carolina, there are two primary categorizations of wills, each with specific kinds of wills within them.

Attested Wills

An attested will is a will that has been witnessed. It is one of the most commonly used types of wills in the United States, but it can only be legally valid if it is witnessed properly. This means that the testator would need two competent individuals who are not listed as beneficiaries to sign the will for it to be considered witnessed.

The main type of attested will used in North Carolina is the last will and testament. This is the most traditional and commonly used form of a will. It outlines the personal last wishes of an individual, how they want their property and assets divided, and the beneficiaries that will be receiving those assets. A last will and testament does not become active until after the creator has passed away. This kind of will must be self-proving, meaning two credible witnesses must have signed it.

Unattested Wills

An unattested will is a will that has not been witnessed or notarized, often giving it little legal validity in other states. However, North Carolina does allow unattested wills when they fit the state’s laws and requirements. The two kinds of unattested wills North Carolina can recognize as valid include:

    • Holographic Wills
      A holographic will is a will that has been handwritten and signed by the testator. While it may not be notarized or legally witnessed, the state can recognize a holographic will as legally valid if it is found:

      • In a safe place.
      • Among valuable possessions.
      • With a person or company for safekeeping.
      • Nuncupative WillsA nuncupative will differs from other kinds of wills because it is stated orally instead of being written down. Most states do not accept an oral will as legally valid, but North Carolina does if it meets their requirements. There are three requirements for a nuncupative will to be recognized:
        1. It must be stated by the testator on their deathbed or final illness.
        2. The testator must ultimately pass away some time after stating their wishes.
        3. Two witnesses must have been there to hear the testator speak their will.

What Are the Requirements for Creating a Will in North Carolina?

In North Carolina, you must meet the following requirements to craft a legal will:

        • You must be at least 18 years of age or older.
        • You must be competent and of “sound mind.”
        • Your will must be in writing.
        • You must sign the will.
        • Two witnesses who are not beneficiaries must sign the will.

What Happens If I Die Without a Will?

Having an estate plan or will in place before you pass away is essential. If you die without a will or some other form of estate plan, it is most likely that your last wishes cannot be carried out as you would want. When a person passes away without a will in North Carolina, the responsibility of distributing property and assets is then given to the state. When this occurs, the division of property must follow default state inheritance laws. This usually means that siblings and descendants will most likely receive the majority, if not all, of the property involved.

How Can a Wills Lawyer Help You?

Working with our estate planning and wills team to create a will comes with a variety of benefits.

Helping You Draft and Validate Your Will

The main duty of your wills lawyer is to help you properly draft your will. They can work with you to find a unique solution to your situation and help you craft a will that outlines each of your wishes clearly. An experienced estate planning attorney can also help to make sure that your will is created properly and is legally binding so that there are no issues in the future.

Ensures Your Wishes Are Followed After You Pass

In most cases, testators name their wills attorney as their executor. This means that the other main job of your estate planning lawyer is to ensure that your wishes are carefully followed after you pass. Your lawyer will be the one to present your will in the probate process and make sure the state follows through.

Keep Your Plans Safe

Most people do not want to keep important documents like a will floating around their home. Luckily, working with a wills attorney can also provide you with a safe place that you can trust to keep your will. Whether you are newly married, a young couple, or getting older and want to be prepared, your attorney can safeguard your will if needed.

FAQs

Q: What Is a Living Will?

A: Unlike other types of wills, a living will becomes active while its creator is still alive. A living will outlines a person’s wishes in regard to medical treatment and consent if they ever become unable to speak for themselves. A living will can be invaluable at any point in life, as it is impossible to anticipate when a disaster may occur.

Q: Who Am I Allowed to Leave My Property to in My Will?

A: If you decide to create a will, you have the right to choose any beneficiaries that you desire. Most people commonly leave things to their family members, such as siblings, children, and grandchildren. However, you are also able to list friends, organizations, and other groups in your will if that is your wish.

Q: Does a Will Go Through Probate in Monroe, North Carolina?

A: In most cases, probate is required to validate a will in North Carolina when an individual owned property alone. The probate process is also used to ensure all wishes are carefully followed. For estate planning methods that can allow your estate to avoid probate, it is best to consult an estate planning attorney to examine your options.

Q: Will North Carolina Still Recognize My Will If It Was Made in Another State?

A: Yes. It makes no difference where you created your will because North Carolina accepts wills made in other states. However, make sure that your will meets any North Carolina requirements if needed. A Monroe wills attorney can help you determine if there are any modifications that must be made to accommodate North Carolina law.

Q: What Is an Executor?

A: The executor of your will is an individual that you will appoint to present your will during probate after you pass. They make sure that your will is validated and that your wishes are carried out properly. This person is often an attorney, as they have no personal stake in the will beyond carrying out the wishes of their client.

Create Your North Carolina Will With Estate Planning Experts Today

When it comes to planning for your future, there is no need to do it alone. At Pinnacle Law, our team can work with you to create a unique plan for your future that ultimately helps to bring you some peace of mind. We have assisted countless clients across North Carolina with creating wills, trusts, and estate plans and are committed to making sure you have a plan that makes you feel comfortable. If you are looking to create a will or need estate planning assistance in Monroe, North Carolina, do not wait to find the legal help you need. To learn more about our estate planning services or to schedule a consultation, contact us today.

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