Category Archives: Last Will and Testament

What is an Executor? What is an Administrator?

By Sabrina Winters

I often receive calls from individuals whom were told by the bank that they need to be appointed as the Executor or Administrator of an Estate before any financial information on the decedent is released; and they want to know what that means.  What is an Executor?  What is an Administrator?  They have the same [...]

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Estate Plan Needs And Concerns Change Along With Our Lives

By Sabrina Winters

I gave a presentation to a 55 and older community in Cary, North Carolina this weekend.  I have always said that there are different estate planning objectives at each stage in life.  I don’t only say that because of my many years of experience in this area, but it is also confirmed by the types [...]

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How Long Does Probate Take in North Carolina?

By Sabrina Winters

It is hard to determine the length of time it will take to finalize a Probate or Administration in North Carolina.  There are many determining factors.  Just to name a few: 1. Where are the assets located?  All with one institution or several? 2.  How much time does the appointed Executor or Administrator have to [...]

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What is Probate?

By Sabrina Winters

Probate is a legal procedure required by North Carolina Statutes to distribute the assets of a person who has died with a Last Will and Testament.  If the person did not have  a Last Will and Testament, then the procedure is called an Administration. It is filed in the county where the person resided at [...]

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Who Needs a Last Will and Testament?

By Sabrina Winters

Who needs a Last Will and Testament?  The answer is everyone needs a written estate plan. Whether you need a Last Will and Testament or a Revocable Living Trust depends on your circumstances and your personal situation.

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What Happens if a Home Does Not Get Placed Into a Revocable Living Trust?

By Sabrina Winters

One of the reasons why people choose to create a Revocable Living Trust versus a Last Will and Testament is because (if done properly) a Revocable Living Trust will avoid probate.  The way a Revocable Living Trust avoids probate is by transferring certain assets into the Trust and retitling the owner as the name of [...]

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10 Things to Think About Regarding an Executor

By Sabrina Winters

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 [...]

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How to Revoke a Written North Carolina Last Will and Testament

By Sabrina Winters

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 [...]

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Does an Attorney Have to put His or Her Name on a Written Will in North Carolina?

By Sabrina Winters

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.

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How to Prepare for your Initial Estate Planning Meeting

By Sabrina Winters

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 [...]

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