The question I often hear is: “Am I required to hire an attorney to help me with a probate?” The general answer is no. North Carolina does not require an executor or administrator to hire an attorney to assist with probating or administering the estate of a decedent. The realistic answer is probably. The process [...]
Tag Archives: north carolina estate planning
June 17, 2011
North Carolina Probate “Nuggets”
“We Don’t Speak Legal Advice Here” In North Carolina, the Clerk of Superior Court serves as the Probate Judge and cannot practice law. Therefore, the Clerk’s office is not allowed to provide legal advice. As an Executor, don’t expect the Clerk or the Clerk’s staff to prepare accounts or complete Probate forms, or offer assistance [...]
June 14, 2011
So what if I don’t have a Will or Trust in place…big deal!
Many people assume that when a person passes away, that person’s property is automatically transferred to the spouse or “next of kin”. I have had some clients even think that the state takes it all! In North Carolina, when a person dies without a Will, marital relationships, children, and surviving parents may all need to [...]
December 31, 2010
Minimizing Probate Fees in Mecklenburg County and Union County by Using Transfer on Death (TOD) Accounts
Minimizing probate costs or avoiding probate all together is a very real concern for people who want to make sure certain assets such as stocks, bonds, brokerage and bank accounts automatically pass to their heirs upon their death. In such a scenario, Transfer on Death Accounts (also known as TOD’s) can be a very useful [...]
December 10, 2010
It’s Snowbird Season…Don’t Let Your Estate Plan Leave You Out in the Cold!
When I used to live up north, it seemed as though 9 out of 10 people I knew were snowbirds! Flocking to LaGuardia and JFK taking “flight” every winter to head to a warmer climate during the long northeast winter months. Then like clockwork, return around Easter time to get away from the heat and [...]
December 3, 2010
Legacy Planning…How Estate Planning Should be Viewed
I have practiced in the area of Estate Planning for over 10 years. The reasons why clients create an estate plan vary, but one of the most common connections between clients that I have seen is that they consider it to be me more than just about money and “things”. When we die we leave [...]
November 18, 2010
What Happens to Your Social Media Accounts After Your Death?
This is a unique question and certainly not one that was even brought up when I first started practicing over 10 years ago. Initially you would assume that any kind of social media (Facebook, or Twitter) or email accounts would be treated in much the same way as a credit card account. An credit card [...]
November 15, 2010
How Does Bankruptcy Affect Estate Planning
There were recent reports that Wall-Street economist have declared the recession officially over. I am not certain through whose eyes they determined this. I look around and still see far too many families struggling to recover to consider it over. And while I acknowledge things may be improving on some level, I still find it [...]
November 10, 2010
Privacy Advantages of a Living Trust
I have assisted clients as a wills and trust attorney for over 10 years. In that time, I have found that many clients do not fully understand the privacy issues that will face their family should they die without a living trust. If you have a Last Will and Testament or no written plan in [...]
November 8, 2010
What is a Guardian? What is a Trustee?
A Guardian and a Trustee have two completely different roles, but may be the same person. A Guardian is named in a Last Will and Testament or a Living Trust. He or she essentially is nominated to raise the chid or children and make parental decision until the age of 18. A Trustee is appointed [...]