Serving as an estate executor or administrator comes with important responsibilities, known as fiduciary duties, that the courts take seriously. Breaching these duties can threaten estate assets as well as the rights of beneficiaries. It can also be a cause for the removal of the executor or administrator (both of which are...
Category: Estate Planning
What You Can Do to Avoid Trust Disputes
Many people use trusts as part of their estate plan. Our North Carolina estate planning attorneys assist in developing all types of trust agreements. A trust can avoid probate, reduce estate tax, protect property, and provide for beneficiaries.
However, trust disputes can result in...
Navigating Estate Planning During Divorce: What to Consider
Going through the divorce process can be stressful, emotional, and overwhelming. Even if you and your spouse agree on divorce terms and seek an amicable divorce, ending a relationship involves many issues. Estate planning is an issue that is often overlooked during a divorce. Our North Carolina divorce attorneys help you...
How to Protect Against Financial Elder Abuse
Financial exploitation, fraud, and financial neglect are forms of elder abuse. Statistics indicate financial elder abuse accounts for billions of dollars in losses annually, with more than one in ten elderly adults falling victim to elder fraud each year. In many cases, elder financial abuse can be prevented before it...
How Your Loved Ones Can Benefit with a Special Needs Trust
If you have a family member or loved one who has a special need, you already know how important it is that they receive all the benefits available to them. Government benefits are an essential resource that provides for physical care, education, health care, and living expenses for many children and adults...
Guardianships for Adults with Disabilities
North Carolina guardianship and special needs laws provide a legal path for loved ones and family members to apply for guardianship of an adult with disabilities. The laws can be complicated and a caregiver focused on caring for an adult with disabilities might be overwhelmed by the legal requirements to obtain guardianship...
What are the Benefits of Preparing a Will?
It's natural for that lingering thought to arise: "What will happen to my family and assets when I'm no longer here?" Facing our own mortality is never easy, and the prospect of preparing a will can seem daunting.
Rest assured, you're not alone. As North Carolina estate planning...
What is a Guardianship in North Carolina?
A guardianship is a legal arrangement by which an individual (or, in some cases, a public agency) is appointed by a court to manage the personal affairs of, and make decisions for, someone who lacks the ability to do so. The individual or agency is known as a guardian. If there...
Challenges of serving as an executor – and how an attorney can help
Being named as an executor of someone’s estate is an honor, signifying an immense degree of trust placed in you. At the same time, in serving as an executor, there are myriad challenges and potential problems that may arise. Executors are fiduciaries, which means the law entrusts them with certain legal and...
Dying Without A Will: What Are The Rules of Intestacy in North Carolina?
One of the advantages of having a Last Will and Testament is that the testator (the person who makes the will) gets to decide who will inherit what, among other choices concerning his or her estate. Dying without a Will, on the other hand, is known as dying intestate. If this happens,...