Statesville Wills Lawyer

Statesville Will Attorney

Drafting a will in Statesville, NC is not only for the infirm or elderly. It is an important part of planning for your future at any point in your life. Even if you already have a will, major life changes like getting married or having a child can result in a need to alter your will. These documents allow you to explicitly state whom you would like to receive your property in the event of your death. If you do not have a will, your property distribution is entirely up to North Carolina law. Ensuring your intended beneficiaries receive your property should not be left to chance, so drafting a will is an important step to take.

Skilled Estate Planning Attorneys

Though it is entirely possible to create your own will without the assistance of a lawyer, it can be beneficial to consult with an experienced estate planning attorney. There are online resources that can help you draft a will, but they do not typically provide in-depth legal assistance like you would receive from a skilled attorney. A well-established law firm like Lassiter & Lassiter can assist you with drafting a will that is going to stand up to being contested, but we can also help you determine if you would benefit from other estate planning services like trusts. With over five decades of service to the Statesville community, we are ready to help you through any complexities that may arise during your will creation.

What Is a Will?

A will is also known as a last will and testament. It is a legal document that allows you to control how your property is handled after your death and can be created by anyone over the age of 18 with a sound mental capacity. A will gives you the power to determine how your property should be distributed and to whom. It can also stipulate guardianship for your children as well as an executor to administer the will.

All property that is listed in a will remains the sole property of the testator, or will creator, until their death. This means the beneficiaries have no claim to the property until the will has been executed. Until such a time when the testator no longer has the testamentary capacity to do so, they can alter the will at any time and for any reason. Three types of wills exist in North Carolina:

• Attested will. This is a traditional last will and testament that is in writing and signed by the testator and two competent witnesses.
• Holographic will. A holographic will is an unattested will that is in the testator’s handwriting, signed by the testator, and filed in a safe place
• Nuncupative will. This is an unattested will that is spoken by the testator, in response to the testator being ill or in imminent peril of death, and in the presence of two competent witnesses.

Benefits of Having a Will

There are many benefits to creating a will, such as:

• Funeral and burial arrangement wishes. Though it may be difficult to consider now, planning out your wishes and stating them in your will can help your family through this process. They are going to know your wishes, allowing for reduced stress on your family.
• Ensure your possessions are distributed in the way you wish. Passing away without a will in place puts your estate at the mercy of state law. Though most property is automatically distributed to your spouse or children, the exact distribution is dependent on the property value.
• Appoint a guardian to care for your minor children. If both parents pass away, a will can serve as a legal guiding document for the care of your minor children.

FAQs About Statesville, NC Wills Law

Do I Need to Consult With an Estate Planning Lawyer in North Carolina?

Legally speaking, you can handle most estate planning on your own. Unfortunately, the laws surrounding wills, trusts, and other estate planning preparation can be incredibly complex. Failing to follow the rules and regulations of each document can prevent it from being legally binding and allow room for them to be contested. Fighting a contested will can be a long, expensive process that would be much easier for your loved ones to avoid.

Can I Update My Will?

As long as you are of sound mind to do so, you are legally able to change your will at any time. It is recommended that you change your will in the event of any major life changes, including marriage, divorce, having a child, or disowning someone in your current will. Speaking with an experienced attorney can ensure the change cannot be contested after your death.

What Happens If I Die Without a Will?

Dying without a will or other form of a documented plan for your estate can result in your property being handed over to the state. You would be declared to have died “intestate,” and the state then manages the probate process and distributes your assets according to current North Carolina default inheritance laws.

Who Needs to Draft a Will?

Though there is much debate on who should have a will. An argument can be made that everyone should have a will to speed up and simplify the distribution of their property after their death. However, some people need to have a will in place. If you are married, have children, or have a positive net worth, your loved ones can benefit from you having a will.

Do Not Wait to Draft a Will in Statesville

The skilled team at Lassiter & Lassiter is committed to creating wills that meet our client’s needs. Because we have been serving the Statesville community since 1970, we are experts in all North Carolina estate planning laws. We are dedicated to using this accumulation of knowledge to support our clients and ensure your estate is legally prepared in the event of your death. It is never too early. Contact us today so that we can discuss creating or updating a will, as well as any other estate planning services that would be beneficial for you and your family.