One of the most important documents to your name is a will. It outlines, in explicit detail, your final wishes upon your death. A will helps your family avoid difficult decisions regarding your services, how your assets are to be distributed, avoid the lengthy probate process, and outline any other wishes you have. The best time for you to write a will with the help of estate planning lawyers in Winston Salem, NC, is when you are healthy and in a good mental state.
Will Lawyers Winston Salem NC
Creating a Will in Winston Salem
The creation of a will in Winston Salem should be done with the help of a will lawyer. The experienced and compassionate team from Apple Payne Law can walk you through the process from Point A to Point B so you can avoid any complications that might arise. When you schedule an appointment with our team be sure to bring with you the following documents/information:
- Names and ages of all family members, especially minor children
- Financial information for all non-retirement accounts
- Life insurance information
- Financial information for all retirement accounts
- A list of all tangible property
- A list of all real estate properties (primary residence, vacation home, rental properties, commercial properties, etc.)
Things to Consider When Writing a Will
When working with a will lawyer, you should consider the following questions and possible answers:
- Who should receive your property (real and tangible)?
- Is there anyone who should not receive your property?
- Do you want to make a donation in monetary or property form to a charity?
- Who do you want to name as executor of your will?
- Do you want to name a trustee?
- Who do you want to appoint as a guardian for your minor children?
- Do you want to assign any powers of attorney?
- Do you want to create a living will?
- Do you want to donate your organs?
- Will you be leaving instructions for your family regarding your services?
- Do you have someone in mind to serve as an alternate trustee or executor should your first choice precede you in death?
Preparing for Incapacity
A will lawyer from Apple Payne Law understands how difficult it can be when a person becomes incapacitated due to an illness or injury. For this reason alone you should have a will in place so that your family does not have to make decisions regarding care in such a trying time. You can prepare for incapacity and the inevitable when you write a will.
By choosing a medical power of attorney, you can outline how you wish to be cared for if you ever become incapacitated. This can include keeping you in a medically induced coma, forgoing the use of medical equipment to keep you alive, and creating a do not resuscitate document (DNR). The medical power of attorney will be tasked with making difficult decisions regarding your care when you are unable to do so.
You can also have our lawyers in Winston Salem, NC, appoint an executor of your will whom you choose. The executor will be responsible for acting in your best interest and carrying out the wishes detailed in the will.
What Happens if I Die Without a Will?
Should you die intestate, without a will, the state of North Carolina will handle your estate according to the intestacy laws of the state. It is a common misconception that your property and assets will automatically go to your surviving spouse or children.
When you die without a will in North Carolina, the state will decide who gets your property based on the laws, not what you might have verbally expressed to a family member. This makes it vitally important for you to work with a will lawyer immediately.