One of the most common questions we hear from clients throughout Fort Mill, Cornelius, and the greater Charlotte metro area is whether they need a Power of Attorney, a guardianship, or both. While these tools can serve similar purposes – ensuring someone can make decisions on behalf of a person who cannot make them alone […]
For many business owners throughout the Charlotte metro, Fort Mill, and York County areas, a company represents decades of hard work, sacrifice, and investment. Yet a surprising number of business owners have no formal plan for what happens to that company if they retire, become incapacitated, or pass away unexpectedly. Business succession planning closes that […]
Estate planning can feel overwhelming, especially when navigating complex estate laws in North Carolina, such as the Elective Share. Many spouses are surprised to learn that even if they’re left out of a will, state law may still entitle them to a portion of the estate. This legal safeguard is designed to protect surviving spouses’ […]
Introduction to the Role of an Executor Selecting the right executor for your estate is a critical decision in the estate planning process. This role, often underestimated in its complexity and importance, involves managing and executing your final wishes as outlined in your will and other estate planning documents. The executor’s responsibilities are multifaceted, requiring […]
Introduction to Estate Planning and Asset Protection Estate planning is a multifaceted process that involves more than just deciding how to distribute your assets after your death. A crucial aspect of this process is asset protection, which focuses on safeguarding your wealth from potential legal and financial threats during your lifetime. This article offers an […]
As a preface, I strongly advise against writing your own Will because even if valid in your state, probate of a handwritten Will can be extremely burdensome and expensive. The attorney’s fees alone would be significantly more than having an attorney prepare a well drafted self-proving Will for you. Additionally, some states, including South Carolina, […]
In North Carolina, the statutory legal process of settling the estate of a deceased person uses a variety of legal terms to identify the person in charge of administering the estate and the authority granted to that individual. The terms “Collector,” “Executor,” “Administrator,” and “Personal Representative” all describe the person in charge of settling an […]
Many will disputes deal with the issue of testamentary capacity. In other words, the person whose will is being executed must be aware of what is going on for the will to be valid, i.e., the testator must have a lucid interval. A will can also be challenged by arguing that the will was procured […]
Abraham Lincoln, the nation’s 16th president, died without a Will. Despite being a lawyer himself, he died intestate (without a Will) after being the first president to be assassinated in 1865. Despite death threats, Martin Luther King Jr. also died without a Will, and today his family is still fighting over control of his estate. […]
When a parent dies, siblings may battle for years quarreling over their inheritance. When Governor John Kasich’s parents died at the age of 67 from a car crash in 1987, John inherited the primary control of their estate over his brother, Richard. Because Richard struggles with depression and bipolar disorder, John Sr. and Anne Kasich […]