NC and SC Estate Planning and Elder Law Firm

The benefits available to veterans can be complicated to understand, but often provide critical services to veterans in need. Many veterans find themselves needing help with the cost of long term care. Long-term care can include a variety of things, ranging from managing an illness to assistance with performing everyday tasks.
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Whether you are trying to make a decision for yourself or a loved one, selecting the right nursing home facility is a big decision. There is a wide range of options to consider. A facility will not be right for everyone. Take the time to research.

 

 

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The administration of an estate can be a lengthy and sometimes frustrating process. The personal representative of the estate is tasked with its administration and the job duties are extensive. To administer the estate, the personal representative must, among other things, gather and protect all assets, take inventory of the assets, notify all creditors, determine which debts are legitimate and must be paid off, and distribute the assets to the beneficiaries as directed by the will or, if there is no will, as directed by state intestacy laws.
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Some people have a very specific idea of how they want their funeral to be arranged. Some may be elaborate and large celebrations of life, others may be low key, intimate affairs. Regardless of the style you have settled on, you will want to make it clear to your loved ones as to how you wish to be honored when you pass. There are several ways to do this.

Specifying Your Desired Funeral Arrangements in Your Will

Your will is one place where you could specify your desired funeral arrangements.
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Whether you fear that your child has married someone unreliable or you have faced the reality that around half of all marriages end in divorce, there can be a number of reasons why you would worry about leaving an inheritance to your child that would end up in the hands of a spouse who winds up as a former spouse. During divorce proceedings, all marital property will be subject to division. The court will first determine what constitutes marital property and what is separate property. 

Generally speaking, marital property is any property acquired by you or your spouse during the course of your marriage, with some exceptions. Separate property generally includes property acquired by you or your spouse before marriage or property you acquired during the marriage by devise or gift.
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Putting an estate plan in place is so important. One of the most common estate planning mistakes is not having an estate plan at all. That being said, a properly drafted estate plan is critical to best serving you and your loved ones. Mistakes in the drafting of an estate plan can have serious consequences such as unintentionally disinheriting someone, to leaving your family to deal with large tax bills or intense legal battles. The best start to avoiding common Read more . . .

You may have heard many negative sentiments about the probate process. However, many people do not actually understand the specifics about why people try to avoid probate. Proper planning ahead of time can help ensure that your estate will not need to go through probate at all or will, at least, substantially avoid it.
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Choosing an executor is one of several important decisions you will need to make during the estate planning process. It may be easy just to pick one of your kids or another family member to take on this role, which is fine in some cases, but there several considerations to keep in mind before doing so. The executor plays a central role in the administration of your estate. There is much responsibility involved, and other dynamics at play that should be taken into account in order for the Read more . . .

A will is a legal tool that allows you to provide directions as to how you want your personal assets distributed when you die. This is what many people think of when a will comes to mind, but it can do so much more. There are several other provisions you can include in a will that can be extremely beneficial to your estate and your loved ones.
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If you are the parent of a minor child, one of the most important estate planning decisions you will make is choosing a guardian. The guardian you choose will take over the enormous task of caring for your children should you pass away or become incapacitated. While the possibility of this happening is heart-wrenching, it is also something that you must consider for your sake and for the sake of your children. Confronting this difficult possibility and planning accordingly will end up bringing you peace of mind because you will know that your children will be in good hands should anything happen to you.

What to Consider in Choosing a Guardian for your Children

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Some states, like North Carolina, have provisions for smaller estates that allow the estate to be administered in a way that is less expensive and time-consuming than the probate process for larger estates. To qualify for small estate administration, certain requirements must be met. Additionally, you must be prepared to pay a court fee and carefully prepare all of the requisite forms.
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