One of the biggest questions I hear in my line of work is what happens if I die without a will. If someone in North Carolina dies without a will, intestacy laws come into play, which means that the State of North Carolina decides who gets everything. Typically, the state starts with the spouse, kids, and grandchildren. If there are no surviving spouse, children or grandchildren, then the State of North Carolina moves to the closest living relative such as parents, grandparents, or sibling.
When many of my Raleigh families hear this information, they are ready to start the will process. However, a few try to write one on their own. Let’s walk through some of the things that it takes to create a will without an estate planning attorney such as Thornton Law Firm.
Some items that go into a last will and testament and estate plan in North Carolina are:
- Everything Owned: This sounds counterintuitive, but I always share this point because there are so many assets that families forget to add.
- An Executor: Many families think that picking an executor is the easiest step in the will creation process, but many people pick the wrong person. Someone too close to the family could be too emotional in case of loss to manage an estate.
- Guardianship and Trusts: For families with minor children, these items are the most important reasons why they get a will and estate plan. Parents want to know who will be taking care of their children and how if the unthinkable happens.
- Medical Directives: A medical directive, such as a health care power of attorney and a living will, is extremely important in a will and estate plan. These documents cover unforeseen things like an accident that leaves a family member in a state where they are unable to make their own decisions as to their medical care.
- Notarization: In order for wills and medical directives to be effective, they must be signed in front of two disinterested witnesses and a notary.
There are many more small items that need to be considered in a last will and testament. It is a great, sound investment to make to get a Raleigh attorney to help think through those big decisions. The decisions made will have a very large impact. So, talking with great estate planning attorney is the best way to help make the best decision.
To get started on making a last will and testament and other estate planning documents contact Chad at Thornton Law Firm today!