Garner Estate Planning Attorney

What’s a Will & Should You Have One?

A will is a legal document that explains how you wish your property and assets to be distributed when you die. And when you have assets or own property, you should have a will.

While there are some DIY options for writing a will, you are leaving a lot to chance. Also, many people run into trouble about what to include or how to make your will legally binding. Thankfully, a Garner, NC family lawyer can offer some perspective and peace of mind, so your documents are in order.

Estate Planning in Garner, NC

Most residents of Garner, NC either live in Wake or Johnston County, but when it’s time to consider what should go into your estate planning and will, it is essential to remember some essential elements. Some of the things to consider are:

• Naming an executor of your estate
• Identifying your heirs
• How your digital assets will be distributed
• How your physical assets will be distributed
• Establishing a trust
• Selecting a financial power of attorney
• Choosing a healthcare power of attorney
• Naming a guardian
• Health care directives
• Letters of intent

These are only a few of the different components of wills and estate plans. Every family is different. Yours will have specific and unique needs. A local estate planning attorney can help ensure that your needs are made legally binding.

Going Through Probate in Garner, NC

Probate courts deal with the administration of estates. This is where the executor is tasked with following through with your wishes.

Not every family will need to go through the probate court process either. Including specific information in your estate plans and co-owning assets could help. You may be able to help your family avoid the often-exhaustive probate court process.

Wills Help Prevent Confusion

Learn how our Garner estate planning attorneys can help you approach creating a will and how it can make your life easier.

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Wills vs. Living Wills

Many people assume that your Last Will and Testament and your Living Will are the same things. Both are part of the estate planning process. But they are very different.

Your Last Will and Testament, or will, is designed to distribute your estate after your death. It contains information about which beneficiaries should receive which property and assets.

But your Living Will is different. This is where you can outline your preferences in terms of medical care. You can name a representative to make critical medical decisions on your behalf.

Maybe you want to sign a “Do Not Resuscitate” order. Or perhaps you do not wish to extraordinary measures such as intubation or to be placed on life support. You can make these decisions in advance so your healthcare providers, and your family, know what you would want if you become unable to make these decisions on your own.

Power of Attorney

In addition to a living will, assigning a power of attorney may be necessary if you ever become physically or mentally incapacitated and cannot make important decisions for yourself.

The durable power of attorney will be responsible for handling all of your financial matters. This might include ensuring your family’s expenses continue to be paid, handling any necessary real estate transactions, and more.

Your healthcare power of attorney will be responsible for making all of your healthcare decisions, including whether you receive treatment or extraordinary measures.