The more assets
involved, the more
complicated a will can
become, but it doesn’t
have to be difficult.
An oral (or nuncupative) will might be valid,
but it must be uttered in the presence of at
least two witnesses and fit very specific circum-stances:
if the testator is dying from a “last
sickness” or is in imminent peril, and in fact
dies as a result of that sickness or peril. North
Carolina only permits nuncupative wills for
the disposition of personal property. Real
estate can only be bestowed by a written or
holographic will.
Other than dispersing assets, a testator
can use a will to name a legal guardian for
children, divide bank accounts and other
assets, and provide for pets.
Wilmington attorney Geannine Boyette
stresses the importance of granting Powers of Attorney as well
as having a will.
“People don’t think about it, but Powers of Attorney
are especially important for married people,” Boyette says.
“Lots of times spouses are under the impression that because
they’re married, they can make any decision needed for a
spouse if they are incapacitated, but that is not the case.”
Medical directives and what are called living wills are
increasingly popular. They list a person’s preferences for
medical treatment that may be required when the person is
unable to express those desires due to an illness, coma, or
other emergency.
These measures are legally put in place, typically at the
time a will is drawn up. The wishes stated in a living will are
usually carried out by another individual through a durable
power of attorney.
Items can be selected from a standard list of medical
treatments in a living will. For example, a person might say
yes to having CPR performed, but no to dialysis, a feeding
tube, or other extraordinary treatments. The living will may
also list a person’s desire to be an organ donor. If someone
wants to donate their body to scientific research, contact
with a medical university should be done before an end-of-life
situation.
Determining the type of will, whether simple or complex,
and the use of a living will can be different for every person.
The more assets involved, the more complicated a will can
become, but it doesn’t have to be difficult.
“For some, a simple will suffices. Others may want to
make provision for minor children or create protection in
the event of incapacity. Most will need a will
at the minimum, and possibly a revocable trust
to avoid the exposure of their personal assets to
the public through the probate process,” states Wilmington
attorney Shane T. Johnson’s website.
A trust is an interesting tool. It can be utilized to avoid
probate of a will. Probate is done in a courtroom and is the
legal administration of a person’s estate that is overseen by
the Clerk of Superior Court. With courts being backlogged,
it could mean many months of waiting until a will can be
validated or fulfilled.
Salines-Mondello Law Firm is one of the area firms spe-cializing
in elder law and estate planning. They explain the
use of trusts to avoid the probate process on their website,
listing both pros and cons.
Numerous sources are available to explain what is legal in
North Carolina in the way of wills and trusts. Among the
best are the N.C. Bar Association and Judicial Branch web-sites,
which help simplify the difficult law jargon.
Many local attorneys offer free first-time consultations and
some conduct seminars on estate planning throughout the year.
A will should be updated as life circumstances change,
such as via a marriage, divorce, moving to another state, or
birth of children. Boyette points out that changes in tax and
retirement laws are also good reasons to update or review a
will, especially if it was written more than a few years ago.
A will may be the most important document anyone
writes in their lifetime. Common sense suggests not waiting
until it is too late.
SHORTS
www.wrightsvillebeachmagazine.com 21
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