There are many considerations to be made when either appointing an Executor in a Will or obtaining an appointment as an Executor. There are many valid reasons why a named Executor in a Last Will and Testament may not want to accept the appointment. On the other hand, there are many reasons (both legal and [...]
Category Archives: Last Will and Testament
August 24, 2010
How to Revoke a Written North Carolina Last Will and Testament
North Carolina Statutes dictate the following: 1. By a subsequent written will or codicil or other revocatory writing executed in the manner provided herein for the execution of written wills {signed and witnessed} , or 2. By being burnt, torn, canceled, obliterated, or destroyed, with the intent and for the purpose of revoking it, by [...]
August 20, 2010
Does an Attorney Have to put His or Her Name on a Written Will in North Carolina?
Yes. In the last year, North Carolina has created a statutory requirement that an attorney who drafts an attested written will or a codicil to an attested written will must have his or her name and business address affixed to the instrument and indicate that he or she is the drafter.
August 9, 2010
How to Prepare for your Initial Estate Planning Meeting
One of the more common comments I hear as to why clients have procrastinated calling an attorney to assist them with estate planning is that they were concerned that they had to do too much preparing for the meeting. There really isn’t much you have to do, especially when you work with our Firm. When [...]
July 28, 2010
Probate Court Fees in North Carolina
For those of you who still aren’t convinced that avoiding Probate should be a priority, here is a link (http://tinyurl.com/probatefees) to the list of fees that the North Carolina Probate Court charges for various documents, filings and actions in a probate matter. By they way, some were just raised…again. When calculating fees, don’t forget to [...]
July 23, 2010
What is a Letter Testamentary/Letter of Administration?
If you have been nominated in a person’s Last Will and Testament as the Executor (the person whom collects the assets and distributes them and manages the estate) you will not be able to perform your duties unless you have been appointed by the Court as the Executor. Your appointment is reflected through the Letter [...]
June 28, 2010
Top 5 Estate Planning Mistakes
I recently read a report that suggested that only about 20 percent of the population has a formal estate plan. After reviewing the points below, please take a minute to consider whether it’s time for you to create or update your estate plan. Here are a few of the top 5 estate planning mistakes that [...]
May 2, 2010
Don’t risk disinheriting your future children
I met with a couple last week who wanted me to review a Will they had prepared last year. They went to an on line website to do it themselves. They answered all the questions that popped up and received a nicely put together document. The reason they had come to me was because they [...]
March 7, 2010
A Great letter from the Presbyterian Buddy Kemp Cancer House
I received a wonderful letter the other day from Marcia Lampert, the Director at the Presbyterian Buddy Kemp Caring House in Charlotte, North Carolina. The Cancer Center was referred to me by the North Carolina Bar to speak to their community regarding end of life planning. It is hard to deal with our own incapacity [...]
October 26, 2009
North Carolina Wills: Information From The North Carolina Court System
While most people have heard the term “will” used at some point in their lives, it is worth taking a moment to discuss just what exactly a will is, and why it is something worth having. According to the North Carolina Court System Website: “A will is a written document in which you direct who [...]
