Estate, Trust & Probate Blog

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The North Carolina Probate Process And How To Navigate It

July 12, 2023

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…

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The Importance Of Creating A Will Or Trust In North Carolina

June 13, 2023

The decision to create a will or trust is a significant decision about the legacy you wish to leave behind and the protection of your loved ones’ financial future.  In North Carolina, as with other states, establishing a well-crafted will or trust offers numerous advantages. These critical legal documents can ensure your assets are distributed according to your preferences, protect your estate from substantial probate fees, expedite the asset distribution process, and provide a measure of control over your wealth after your passing.  By being aware of the unique benefits that both types of legal arrangements offer, you can determine…

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Trustee paperwork

What are the Duties of a Trustee? (how to choose one)

May 16, 2023

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…

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Using Estate Planning To Support Charitable Causes

April 12, 2023

An important part of estate planning for many people is making sure that their money will continue to make a difference after their death. There are several options in North Carolina to put your estate’s resources to work for charities or other organizations that mean a lot to you. It’s important to note that the specific benefits of charitable giving can depend on your individual circumstances, such as your tax situation and the charities or organizations you choose to support. The Benefits Of Charitable Estate Planning Charitable giving allows you to support causes and organizations that are important to you…

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Guarantees When You Do Not Have a Power of Attorney or Advance Directive

March 14, 2023

Let’s face it: nobody wants to think about a situation where they are unable to make decisions for themselves and need someone to make decisions for them. Incapacity due to illness, injury, or other unpredictable situations can happen to any of us, however. When a devastating event occurs, it is crucial to have steps in place that allow our family and friends to step in and do what is right for us.  In North Carolina, powers of attorney and health care powers of attorney exist to help people through life’s most challenging situations. Estate planning attorneys such as David E.…

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Duties of Your Executor/Personal Representative in North Carolina

February 16, 2023

When someone passes away, their assets and property must be distributed according to their wishes as outlined in their will or according to North Carolina intestate laws if the person dies without a will.  In this article, our North Carolina estate planning attorney at David Anderson, PLLC, will discuss the duties of an NC executor or personal representative in sharing assets and also touch on relevant statutes that you need to know. What is an Executor/Personal Representative? An executor is a person appointed in a will to manage the distribution of a deceased person’s assets and property. An administrator is…

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"probate" word on paper with a gavel next to it

Probate Avoidance and Assets That Do Not Go Through Probate in North Carolina

January 11, 2023

In North Carolina, probate is the legal process of administering the estate of a deceased person. This involves identifying and inventorying the deceased person’s assets, paying their outstanding debts and taxes, and distributing the remaining assets to their beneficiaries. The probate process is typically overseen by a court and can involve various legal procedures, depending on the specific circumstances of the estate.  Since probate can be a long, drawn-out process, many people prefer to try to understand North Carolina laws in order to plan ahead. In this article, we will provide an overview of the different kinds of assets that…

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An Overview of Pour-Over Wills with Living Trusts in North Carolina

December 14, 2022

Estate planning is an essential step in protecting your loved ones after you die. It can help ensure that your assets are distributed according to your wishes while helping your loved ones avoid probate and reduce estate taxes. There are different ways in which estate planning can help protect your legacy, depending on your goals.  In this article, we will discuss using a pour-over will with a living trust as an estate planning tool. Probate in North Carolina In North Carolina, the probate of a will is the process by which a will is established as valid and executory. The…

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Intestacy spelled out with letter blocks

North Carolina Intestacy Laws to Know

November 16, 2022

In North Carolina, intestacy is the legal term for when someone dies but does not have a will. A person may also be categorized as having died intestate if the will they left behind is not valid.  There are many reasons why a will may be invalid in North Carolina. Some of the most common reasons include:  If a person dies intestate, the money and assets that are left behind will be divided up among their nearest relatives according to North Carolina intestate succession law. This can include anyone who is connected to the deceased through blood, marriage, or adoption.…

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Planning for Your Digital Legacy

October 20, 2022

An estate plan often focuses on tangible property such as jewelry, artwork, money, and vehicles. However, in this age of technology, it is important to remember to include your digital assets. Digital assets consist of everything we own online. Because we spend more time on computers and smartphones than we ever did before, you may not realize how much digital stuff you own, from photos and videos to online accounts, cryptocurrency, and nonfungible tokens (NFTs). Why Is It Important to Plan for Digital Assets? Planning for digital assets is important for several reasons. First, without a plan, digital assets may…

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