Cary Estate Planning Attorney

Why You Should Choose a Estate Planning Attorney Near Raleigh

The estate planning process in Wake County can be difficult. If you choose a DIY approach, you might forget something or leave someone out. It’s certainly possible to take on these tasks alone, but by working with a lawyer, you can ensure you have everything planned out properly if you can no longer handle your estate.

Dozens of forms need to be completed when someone passes away. If you are tasked with handling someone’s estate, working with a Cary estate lawyer ensures that you get things done efficiently and correctly.

If anyone challenges your will after you pass away, it can create problems for all of your loved ones. Even creditors can cause problems after your death. Make sure your assets are allocated appropriately by working with a lawyer. Your attorney is working in your family’s best interests — they won’t leave you high and dry.

Raleigh Estate Planning Resources & Information

Estates and wills of Cary residents are handled in the Wake County Courthouse – Estates Division. The Estates and Wills Office in Raleigh is located in the Wake County Courthouse. They are located at 316 Fayetteville St., 12th Floor, Raleigh, NC 27601. Their phone number is 919-792-4450.

To obtain file access or official copies of documents, you can email the Estates and Wills Office at Wake.Estates.CopyRequest@nccourts.org. If you want to visit the clerk in person, you should call and secure an appointment.

Wake County Estate Planning Forms & Documents

The Wake County Estates Division has several self-help packets that can be used for estates and wills:

• Estate Procedures for Executors, Administrators, Collectors by Affidavit, and Summary Administration – Offers an overview of estate administration in Cary and Wake County.
• Administration by the Clerk – Used if the decedent had less than $5,000 in bank accounts and other liquid assets administered by the clerk.
• Small Estates – Collection by Affidavit – Applies to small estates. You will have to list all assets and debts associated with the estate to determine if it is considered “small.”
• MVR-317, Assignment of Title – If the decedent left no assets other than a vehicle(s) worth less than $5,000.
• Year’s Allowance for Surviving Spouse and/or Dependent Children – Used to obtain the first $60,000 for the spouse and $5,000 for each eligible child. It can be used to access money from the estate if the process is longer than expected.
• Letters of Administration – Full Estate Without a Will – Used to obtain letters of administration where the decedent did not leave a will, and assets exceed $20,000.
• Letters Testamentary – Full Estate With a Will – Used if a will exists and the estate is valued at more than $20,000.

How Wills Work in Wake County

A will is a map of your decisions and intentions regarding your property when you pass away. It allows you to choose the person you want in charge of your assets and distribute them to the intended beneficiaries.

If you comply with state laws, the document acts as a legally binding set of instructions. The best way to ensure this happens is to have an experienced Cary estate planning lawyer assist with drafting your will.

The Probate Process in Wake County

One key aspect of creating a will is appointing a trusted person to take care of your final affairs. The person you designate, referred to as the executor of your estate, is required to follow the terms of your will and rules regarding estate administration.

Your probate executor:

• Collects and presents the court with an inventory of your assets
• Notifies creditors of your death and pays qualifying debts
• Files your final income tax return
• Sells assets as necessary to meet financial obligations
• Handles specific bequests to beneficiaries
• Files a final report to occlude the probate process

What Are Non-Probate Assets in Cary?

The probate process won’t apply to every item that you own. For instance, you may have a joint interest with the right of survivorship in real estate or be listed jointly with someone else on the title of a car. In these situations, your interest transfers over to the survivor.

If you designate a person as a “pay-on-death” beneficiary, that individual receives the asset by operation of law. Examples include the proceeds of bank accounts and life insurance policies.

What Are the Benefits of Having a Will?

You don’t have to be rich to have a will. The benefits of creating an official will include:

• Control over the probate process – If you die without a will, the probate laws of North Carolina will step in to decide how your assets are divided.
• Certainty of business interests – You will have control over who takes control of the family business after you die.
• Your wishes regarding minor children – You can specify who gets to provide care and support for your minor or dependent children after your death. This is especially important if there’s no other parent available.
• Reducing tax implications – Paying estate taxes can dig into the value of your assets when the government takes its share. A will, along with other estate planning options, allows you to avoid or reduce your estate tax liability.

Getting Started: Creating a Will in Wake County

People often think they can simply write up a will that details their final wishes without an attorney. While North Carolina does recognize a “holographic will,” which is often handwritten, people do this at their own risk. There are strict rules for what makes such a will legally valid. Without an attorney, it may be disregarded.

Your estate must be administered in the county of your primary residence. If you live in Cary, your estate will be settled through the Clerk of Court at the Wake County Courthouse – Office of Estates and Wills.

When you meet with your Cary estate planning attorney, you should discuss your goals and how you want to make them happen. During your consultation, a lawyer will review your finances and go over which documents you need.

Once the items are prepared, review them for accuracy. Your attorney can then properly execute your will.

The original document will be given to you, and your estate lawyer will maintain another copy. The court does not require a copy before your death. Like all critical documents, wills should be stored in a secure but accessible location. We advise people to let their executor know the location of their will and how to access it when necessary.

Can I Change a Will in Wake County?

You can change your will at any point as long as you have not been legally determined to have lost the required mental capacity to do so.

If you want to change your will, you should schedule a meeting with your attorney right away.

Living Wills in Cary Estate Plans

A living will is more important during your life than upon your death. This document, otherwise known as an “advance directive,” states your instructions about different forms of medical treatment if you’re unable to express your wishes.

A living will makes your intentions known when you’re:

• In a coma due to an illness or accident, and your condition is terminal
• Incapacitated due to dementia and not expected to recover
• Otherwise physically and/or cognitively unable to direct physicians regarding treatment

You may approve or disapprove of:

• Insertion of a feeding tube or IV
• Being connected to artificial respiration equipment
• Undergoing artificial methods of resuscitation
• Technologies that manage your bodily functions
• Other solutions that keep you alive through artificial means

By executing a living will, you can tell your loved ones which medical procedures you consent to and which types of treatment you reject. This reduces confusion and disputes amongst family members in difficult times.

Powers of Attorney in Wake County

Powers of Attorney are legal mechanisms that grant a person authority to handle specific issues if you can’t. By completing these documents according to the requirements of North Carolina law, you appoint someone to act as your agent.

A power of attorney lawyer can help you establish a:

• Durable Power of Attorney – Appoints someone to take care of your financial matters, including real estate and personal property.
• Health Care Power of Attorney – Authorizes a person to make decisions related to your medical care, health, and well-being.
• Minor Power of Attorney – Applies if you need another person to manage medical needs and care for a child.

Cary Guardianship Plans

Another issue that may come up with estate planning is determining guardianship needs. The North Carolina guardianship process can be complex, and you should always work with a guardianship attorney from the Raleigh area to make sure you don’t make any mistakes.