If other parent of decedent’s children has died as well, and there are minor children, a guardian is usually nominated in the will. A guardianship is required for minor children who would be receiving cash and/or valuable property in accordance with the decedent’s will. Always check the will as to whom the decedent named as guardian and custodian for the minor children. This mainly applies to those situations where both the mother and father have died and the children are under 18 years of age.
Personal injury law can be extremely complex, for the quality representation for all case types in Charlotte, North Carolina. Contact Cheryl for a consultation today.
Medical Malpractice
Types of Accidents: Car Accidents, Semi-Truck Accidents, Motorcycle Accidents, Nursing Home Accidents, Product Defects, Construction, Highway, Medical Malpractice, Premises Liability, Workplace Injury, Burns, Explosions, Train and Locomotive Accidents, Guardrail Accidents, Wrongful Death, Other Accidents.
Probate, also known as estate administration, is the process that occurs after a person dies and prior to his or her assets being distributed. In North Carolina, estate administration is governed by the North Carolina General Statutes as well as the rules of the Clerk of Superior Court in the county of the decedent’s residence. Administrators are responsible for being aware of these laws and rules and are charged with following them. Getting support from an attorney with estate administration experience allows the process to be implemented smoothly and efficiently.
Wills
Unlike wills and trusts, Ethical Wills are not legally binding documents. But they could be the most cherished and meaningful writing you leave behind. Ethical wills vary in form and are as unique as the individual writing them. They vary from a short letter to a lengthy autobiographical statement to a recorded message. Some people choose to share their Ethical Wills during life at a significant family milestone, may hand a copy to a college-bound child, or read portions aloud at a wedding reception. Although unique, they all allow a person to bestow to others the benefits of their having lived a life and that could mean more than money.
Trusts
A trust is a legal arrangement in which one person gives to another person – called a fiduciary – the responsibility of following instructions that benefit a third party – called a beneficiary. There are an infinite variety of trusts but the most common is the Living Trust or the Revocable Trust. With a trust you can avoid probate, you can dispose of your assets as you wish, you can arrange for your family members to receive a certain amount of money every month or every year, and you can make provision for your health care. These documents are very helpful and allow you to create a lasting legacy.
Power of Attorney
In it simplest form, a Power of Attorney is a document you would sign in which you give another person the legal authority to represent you and act on your behalf. A Financial Power of Attorney is necessary in those circumstances in which a third party such as a bank, mortgage company, insurance company, etc. requires written proof of legal authority before they will even talk to your representative or Attorney in Fact. Powers of Attorney are only effective until the moment of death.
Probate
Cheryl Watkins is an attorney based out of Charlotte, North Carolina running a boutique law practice which specializes in probate law and estate administration. Contact her for a consultation!