Estate, Trust & Probate Blog

When it comes to end-of-life planning, there are understandably many emotions and there can be much stress involved. Dealing with state-specific laws and regulations around different types of documents can make the process even more distressing for many individuals. Let an experienced Wilmington estate planning lawyer confidently guide you through the process. The team at David E. Anderson, PLLC, is committed to helping you by providing you with high-quality care and knowledge throughout the estate planning process. Estates You may have heard people use the word “estate” when talking about end-of-life planning. Essentially, your “estate” refers to anything that you…

Ask almost any fellow adult, and they’ll likely tell you that they’re familiar with the term “estate planning.” If you inquire a bit further, they might even go as far as to tell you that they understand a will is a key component in an estate plan. However, they’re knowledge of this important area of the law may stop there. And, as for probate? You may find that very few understand very much about this process unless they’ve had first-hand experience navigating it on behalf of a deceased loved one.  Our team at David E. Anderson, PLLC want to help…

When you hear the word guardian, you probably think of the person who steps in for a parent when their parent is unable to be there for them. While this is certainly something you can address in your North Carolina will, the guardianship concept refers to something a bit different. A guardianship is a service provided to individuals who allege to be or are deemed incompetent by a judge. And, according to the North Carolina Judicial Branch, the guardian’s role is to serve as a “surrogate decision maker and advocate” for that person, referred to as a ward. Now that…

Estate planning and the probate process can often seem like a straightforward affair, but with the complexity of different types of estates, we see a myriad of issues that frequently arise.  Disputes over wills, trust complications, and other matters can make an already challenging time even more difficult for grieving families. Here, we want to outline some of the common issues we’ve seen over the years and offer proactive measures to avoid them. 1. Ambiguous or Outdated Wills Issue: One of the most common issues in estate disputes arises from wills that are either ambiguously worded or outdated. For instance,…

Estate planning can be a complex endeavor, but it is an essential step in ensuring that your assets and loved ones are taken care of after you’re gone. One of the key tools in estate planning is the “trust,” a legal entity that holds property or assets for the benefit of specific persons or entities.  Trusts can be used for a variety of purposes, such as minimizing estate taxes, protecting assets, and facilitating the smooth transition of wealth. For example, if your local library or another institution is close to your heart and you want to make sure to leave…

If you want to ensure your wishes are followed in case you become incapacitated, there are specific legal documents you should consider having in North Carolina. These documents allow you to specify your preferences for medical treatment and to appoint someone to make decisions on your behalf.  To craft these documents properly, it’s important to understand the purpose of each one and to have a Wilmington estate planning attorney on your side to help ensure they are created and executed properly. Health Care Power of Attorney A Health Care Power of Attorney (HCPOA) is a legal document that allows you…

If you are going through the probate process in North Carolina, you may be experiencing a wide range of emotions as you begin. The death of a loved one is always challenging, and being thrust into the unfamiliar territory of probate can be overwhelming.  You may feel uncertain or even anxious about managing the legal and financial aspects of your loved one’s estate. You might be worrying about making a mistake or about conflicts among family members. These feelings are completely normal – probate can be a complex process, and it’s understandable to feel uneasy, especially given the circumstances. Understanding…

Any adult aged 18 and older should consider creating a comprehensive estate plan. It does not matter how much wealth you have or if you have a family, although having children and a spouse definitely does merit an even greater need to establish an estate plan if one has not been made. Estate planning is so significant because most people want to know that when they pass on, what they have amassed in their life will go directly to the beneficiaries they intend their wealth and assets to.  Not all estate plans are the same, and each individual has their…