Garner Estate Planning Attorney

Are you planning for your family’s future?

The estate planning process can be quite involved. Luckily, a capable estate planning attorney in Garner can help. You don’t want to take risks with your final wishes or assets. Leaving things up to the state could put you or your loved ones in a difficult situation.

For questions or guidance when making estate planning decisions, choose Breeden Law Office. With decades of experience helping people around Garner, let attorney Breeden walk you tough your options, from powers of attorney to tax implications, living wills, probate court, and more.

Whether you reside in Wake or Johnston County, call (919) 661-4970 or reach out online.

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 wills & probate 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. Your lawyer can help ensure that your needs are made legally binding.

Going Through Probate in Garner

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 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.

Probate Courts & Estate Planning Resources

• Wake County Clerk of Superior Court
• Johnston County Superior Court
• NC Judicial Branch; Wills & Estates
• Wake County Register of Deeds
• Johnston County Register of Deeds
• North Carolina Department of Commerce: Division of Employment Security
• North Carolina Department of Health and Human Services

Forms and Relevant Links

• To request a copy of a death certificate online
• To request a death certificate in person
• Birth certificate requests by mail can be found here
• Online birth certificate requests can be completed here
• Marriage information requests made online here
• This is the mail-in copy you can fill out and send to the Register of Deeds
• Application for Probate and Letters – Filled out by the executor when the decedent had a will
• Application for Letters of Administration – Filled out by the executor when the decedent did not have a will
• Affidavit For Collection Of Personal Property Of Decedent – Used to administer smaller estates
• Federal Estate Tax Return Form 706
• Income Tax Return for Estates Form 1041
• Information Regarding Beneficiaries Acquiring Property From a Decedent Form 8971
• Inventory For Decedent’s Estate Form AOC-E-505
• Find your Register of Deeds here

Contact an Estate Planning Attorney in Garner

The estate planning process can be confusing and complex; so much is on the line. Your wishes must be clearly planned and made legal so your family is protected upon your passing. Are you ready to start planning your estate? Call a trusted wills & probate lawyer in Garner, North Carolina.

At Breeden Law Office, we have the knowledge and experience you need to carefully and thoughtfully plan your estate. If you are ready to get started planning your estate, schedule your risk-free consultation today. Contact us at (919) 661-4970 or complete our contact form.