Charlotte Wills Lawyer

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Understanding Wills

According to a 2020 survey from Gallup News, 45% of adults in the U.S. possess a will, a percentage that has continued to decrease over the years. The percentage of Americans who believe they don’t need a will because they lack assets to leave behind grew by 14% compared to 2023. Although 64% of Americans recognize the importance of having a will, less than 32% actually possess one as of 2024.

A will or “last will and testament” serves as a formal legal document detailing someone’s wishes for the allocation of their possessions and assets after their death. People can specify their beneficiaries, appoint guardians for minor children, and choose an executor to handle their estate through this process. A valid will effectively communicates your intentions and deters potential family disputes during probate, ensuring a more streamlined process.

Requirements to Draft a Will in Charlotte, North Carolina

A will becomes legally binding in North Carolina when it satisfies all required legal criteria for validation. The testator who creates a will needs to be 18 years or older and mentally capable of understanding both their assets and the consequences of making a will. The will needs to be written and signed by the testator, while two qualified witnesses observe together, with optional notarization to make the will “self-proving” and simplify probate.

Steps to Draft a Will in Charlotte, NC

Residents in Charlotte benefit from multiple resources that can assist them in estate planning while offering dependable support throughout the process. People in Charlotte can obtain official support and guidance through local legal aid services, such as the Charlotte Center for Legal Advocacy, which helps with wills and advance directives, as well as through probate services available at the Mecklenburg County Courthouse.

The Charlotte Estate Planning Council also offers educational materials and access to reputable field professionals.

To draft a will, you may want to take the following steps:

  • Determine your property. Create a thorough inventory of all your assets, such as real estate holdings, financial accounts, investment vehicles, and personal belongings.
  • Determine your beneficiaries. Make decisions about who receives your assets, as well as the percentage each beneficiary will receive.
  • Appoint an executor. Identify a reliable person who will handle your estate matters and fulfill your final requests.
  • Identify guardians for children. When necessary, assign guardians for your children and communicate your choice to them.
  • Hire a Charlotte wills attorney. Professional advice can help ensure your will follows North Carolina law while meeting your individual requirements.
  • Sign your will. You must sign your will before two witnesses who have no interest in your estate.
  • Store the will. Place your original will in a secure place and notify your executor about its location.

Making Changes to Your Will

North Carolina law allows you to change or cancel your will through several legal methods at any point. You can revoke your will by destroying it with the intent to revoke it or by ordering someone else to destroy it while you are present.

After a divorce decree becomes final, state legislation automatically revokes beneficiary designations and executor appointments that name your former spouse, unless you specify otherwise. Major changes to your will require drafting a new document, but simple modifications can be made by adding an amendment called a codicil.

FAQs

Q: How Much Does It Cost to Have a Will Drawn Up?

A: Professional will drafting fees in North Carolina vary based on the estate’s complexity and the experience of your chosen legal professional. The price of estate planning packages often increases when you incorporate trusts and advance directives. Many attorneys conduct consultations to give tailored cost estimates based on your specific requirements, so you can budget accordingly and make informed decisions about who to hire for your estate planning needs.

Q: What Type of Lawyer Is Ideal for Wills?

A: The ideal choice for creating your will is an estate planning attorney. Legal professionals who focus on wills and trusts work to make sure your estate documents follow state laws and accurately represent your wishes. They provide guidance on reducing tax burdens while avoiding probate when possible. They can also help you plan for situations involving incapacity or guardianship of minor children.

Q: Who Is the Right Person to Draw Up a Will?

A: A licensed estate planning attorney is the most qualified professional to draft a legally binding will. Although DIY will kits and online tools exist, only an attorney can guarantee that your will holds legal validity and captures your unique situation. A licensed attorney is even more essential when you need to draft a will that involves complex assets and g

Contact Plumides, Romano & Johnson, P.C. Today

If you need assistance drafting or updating your will, an attorney at Plumides, Romano & Johnson, P.C. can help. Contact us today to begin speaking with a team member.

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