Gastonia Wills and Trusts Lawyer

Gastonia Wills and Trusts Attorney

Planning for end-of-life decisions can be difficult, and some may procrastinate on this process for as long as possible. Taking the time to do so, however, can ensure that you’re loved ones are taken care of properly after you are gone or if you experience a sudden incapacitation. Consult with a qualified Gastonia wills and trusts lawyer to learn what estate plan documents may be most beneficial for you.

The Jonas Law Firm, P.L.L.C., has assisted countless clients in drafting their wills and trusts. Our experienced estate planning team of lawyer understands how difficult these decisions can be and works hard to guide Gastonia residents through the process to ensure not only that the assets they have worked hard to obtain are cared for, but also that the family left mourning your loss is cared for.

Understanding the Importance of Estate Planning

Creating an estate plan is one of the most important ways to prepare your family and loved ones for the future. The right time to start estate planning is now—before unexpected events occur. After working hard for all your life to build a secure and prosperous financial position, it’s likely you’d want the assets you’ve acquired to be handled according to your wishes after death. By utilizing estate planning documents such as wills and trusts, you can ensure your property is distributed as you’d want and your loved ones face minimal confusion.

More than 50 percent of respondents in this survey admitted to not having a will at all. The number of Americans who have estate planning documents has gone down since 2022, even though more than half of respondents in that year’s survey stated estate planning was somewhat or very important to them.

Whether or not you have a will at the time of death, your estate must go through probate and the administration process. In North Carolina, Establishing a valid will or other estate planning documents can save your family time and costs in court compared to if you died without a will, known as dying intestate. In Gastonia, your estate documents are likely to go through the Clerk of the Superior Court’s office, which is located at 325 Dr. M.L.K Jr. Way in Gastonia, NC 28052.

How a Will Works Within Estate Planning in NC

One of the most important legal documents within estate planning is a person’s will. A will allows a person to outline their wishes concerning how they wish for their assets to be distributed upon their death. A decedent’s estate must go through probate, whether they died with a valid will or not. Therefore, wills are very important for the family of the deceased as they can eliminate a lot of confusion or fighting among relatives.

For a will to be considered valid and legally enforceable, it must be written by an adult while they are of sound mind. The signing must also be witnessed by two individuals who are not beneficiaries of the estate. The primary goal of establishing a will is to provide a way for your assets to be effectively and properly distributed without subjecting your estate to the state’s intestacy laws.

What Does a Trust Do for My Estate Plan in NC?

Trusts are another common type of estate planning document. These legal tools allow a person to transfer property to another party after they’ve died in a way that avoids probate. The creator of trust moves assets of their choosing into the trust, which can also be moved in and out of the trust while the creator is still alive. These are known as revocable trusts. You can also elect to create an irrevocable trust, which cannot be modified or altered once finalized.

Trusts work by transferring a person’s assets out of their ownership and instead into the ownership of the trust. A primary reason for creating a trust is to reduce the tax implications and court costs associated with the transfer of assets during probate. By avoiding probate, the family and loved ones of the deceased can handle matters privately in a way that’s also more efficient and less costly.

FAQs

What Makes a Will Valid in North Carolina?

In North Carolina, a will must meet specific standards to be considered legally valid and enforceable in probate court. These requirements include the will being written and signed by the testator, who is over 18 and of sound mind, in front of two individuals who are not beneficiaries. Being “of sound mind” means the will’s creator understands the size and scope of their estate and how a will factors into the processes of probate and administration.

What’s the Difference Between Wills and Trusts?

In Gastonia, wills and trusts are both important estate planning documents and can perform similar functions, but these two legal tools are distinctly different. The primary difference between a will and a trust is that wills must go through probate, while trusts do not. Trusts are administered privately outside of the court’s supervision. This option is appealing to many people as it allows their loved ones to avoid the court fees and lengthy proceedings associated with probate.

What Courthouse Do Estate Issues Go Through?

In Gastonia, North Carolina, you must go through the County Clerk of the Superior Court’s office to file your will and other documents. This office is also where the process of probate, estate litigation, and similar issues are addressed. The address of the Gastonia County Clerk is 325 Dr. M.L.K Jr. Way, Gastonia, NC 28052. It’s possible for some estate matters to be handled privately out of court, but final documents must be filed and approved by the county clerk.

Who Inherits When There Isn’t a Will in NC?

In North Carolina, if a person dies without a will, their estate is subject to the state’s intestacy laws, and this is how who inherits the estate is determined. Your estate must still go through probate, and instead of distributing assets according to your wishes, the probate court facilitates administration according to the Intestate Succession Act. Depending on whether you were married or had children, succession laws prioritize your spouse, followed by your children, then your parents.

Get Help From Our Gastonia Wills and Trusts Lawyer Team

The team of skilled estate law attorneys at The Jonas Law Firm, P.L.L.C., is prepared to address all your estate planning concerns. Contact us today to schedule an initial meeting with an experienced wills and trusts lawyer.