Why Property May Be Sold to Pay Estate Debts Estates often hold illiquid assets such as homes, land, or family heirlooms. If cash in the estate cannot cover funeral costs, taxes, or administration expenses, the personal representative may need to convert property into funds. North Carolina law makes every asset available unless a statute says…
How Can Someone Be Removed as Power of Attorney? And Other Related Questions Detailed Answer In North Carolina, a power of attorney (POA) grants an agent authority to act on a principal’s behalf. The principal may remove or revoke that authority at any time if they have mental capacity. If the principal cannot act, a…
When Should I Start Estate Planning? What comes to mind when you hear “estate planning”? You might think it’s just for the obscenely wealthy folk gracing Forbes covers. But it’s time we bust that myth. Estate planning, my friend, is something everyone needs. Even you! Let’s delve into the details of estate planning and explore…
Frequently Asked Questions about Probate and Estate Administration In North Carolina What is Probate and When is it Required in North Carolina? Probate is a legal process that occurs after someone passes away. It involves the court overseeing the distribution of the deceased person’s assets and the payment of any debts and taxes. In North…
What Is a Spousal Allowance in North Carolina Probate? When a loved one passes away, managing their estate and ensuring the family is taken care of can be overwhelming. One of the legal provisions designed to help surviving family members, particularly the spouse and dependent children, during this difficult time is known as a Spousal…
Common North Carolina Probate Issues Detailed Answer Probate in North Carolina involves settling a person’s estate through the court system. When a loved one passes away, you may face complex rules and tight deadlines. Understanding common pitfalls helps you avoid delays and extra costs. 1. Intestate Succession If someone dies without a valid will, North…
Is Your Estate Plan as Stale as Last Week’s Ham Sandwich? Estate plans are almost magical: They allow you to maintain control of your assets, yet protect you should you become incapacitated. They take care of your family and pets. And, if carefully crafted, they reduce fees, taxes, stress, and time delays. Estate plans can…
Dear Estate Planning Clients: After arranging your accounts and property with an attorney, it is easy to assume that you have checked estate planning off of your list forever. The reality is not so simple. Not only do tax laws frequently change, but so does your life. The smallest change could have a big impact…
Thirteen Estate Planning Terms You Need to Know Understanding These Key Terms in North Carolina Estate Planning Estate planning helps you decide who receives your assets, who manages them and how health decisions get made if you can’t speak for yourself. North Carolina law uses specific terms in wills, trusts and powers of attorney. Learning…
Wealth Transfer Strategies to Consider in an Election Year With a push by the Democratic party to return federal estate taxes to their historic norms, taxpayers need to act now before Congress passes legislation that could adversely impact their estates. Currently, the federal estate and gift tax exemption is set at $11.58 million per taxpayer.…
Most people understand that having some sort of an estate plan is a good thing. However, many of us do not take the first steps to get that estate plan in place because we do not understand the nuances between a will and trust – and dying without either. Here is what will generally happen…
Buyer Beware: How to Avoid Estate Planning Scams Imagine spending thousands of dollars on an estate plan to protect loved ones, only to find that no true protection exists. Unfortunately, this scenario happens on a regular basis to individuals who are victims of estate planning schemes. According to a report conducted by the U.S. Consumer…
Wills vs. Trusts: A Quick & Simple Reference Guide When you plan your estate in North Carolina, you’ll encounter two main tools: a will and a trust. Each serves a different purpose. Knowing their features helps you decide which fits your family’s needs. 1. Detailed Answer: How Wills and Trusts Work Under North Carolina Law…
Three Reasons Why People Run the Other Way Why Serving as Personal Representative Can Feel Overwhelming Serving as a personal representative, often called an executor, triggers many legal duties under North Carolina law. If you face this responsibility, here are three common reasons people hesitate to step forward. 1. The Process Can Get Complex and…
Seven Ways to Avoid Family Fights over Your Property Understanding Why Property Plans Lead to Disputes When someone passes away, unanswered questions about who gets what can spark conflict. In North Carolina, probate law governs how property transfers after death. Without clear instructions, heirs may disagree over the estate administrator’s decisions, the value of assets…
Help! I’ve Been Named as a Guardian. What Do I Do? 1. Understanding Your Role and Initial Steps When a court names you as a guardian in North Carolina, you gain both authority and responsibility to care for someone who cannot make decisions on their own—either a minor or an adult with impaired capacity. North…
Planning for Stepchildren and Grandchildren in North Carolina Detailed Answer North Carolina law does not automatically give stepchildren or grandchildren a share of an estate. If someone dies without a valid will, the state follows intestate succession rules in N.C. Gen. Stat. § 29-14. These laws name blood relatives—spouse, children, parents, siblings, and more ahead…
Picking the Right Team for Probate in North Carolina 1. Detailed Answer Navigating probate in North Carolina requires more than legal filings. It demands a strong support network. Selecting the right professionals helps you manage each step with confidence. At Pierce Law Group, we guide you through these decisions so you protect your loved one’s…
Can or Should I Hand Write My Will? Detailed Answer In North Carolina, you can write your own will by hand. The law recognizes a handwritten, or “holographic,” will if you meet certain requirements. According to N.C. Gen. Stat. § 31-2.2, a holographic will must be entirely in your own handwriting and signed by you.…
We All Need a Yearly Check-up: Your Estate Plan Does Too We go to the doctor to get our check-up’s just to make sure that we are in good health and to detect and treat any problems that we may not even have been aware of. These are the very same reasons why it is…
Your Time is Valuable. Let us help you get a jump start on Estate Planning. In the hustle and bustle of life, many of us struggle with prioritizing what tasks to complete and when. I often find myself avoiding those personal tasks that I know are important (but are not currently pressing) in favor of…
Charitable Giving in Your Estate Plan Including Charitable Gifts in Your Estate Plan Charitable giving lets you support nonprofit causes you value long after you pass. You can leave money or property to one or more charities. You decide whether to give a fixed dollar amount, a percentage of your estate, or specific assets like…
You’ve Taken Care Of Others, But Have You Taken Care of Yourself? Planning Your Own Estate in North Carolina Many people devote years to caring for family members, yet they delay planning their own estates. Without a clear plan, you risk leaving loved ones to navigate probate court, tax issues, and asset distribution on their…
Things Every Mother Needs to Know About Estate Planning 1. Essential Estate Planning Tools for Mothers in North Carolina Estate planning helps mothers protect their children, assets, and wishes if they become unable to make decisions or pass away. In North Carolina, an effective plan usually includes a last will and testament, powers of attorney,…
