Charlotte Wills Attorneys

What Happens If You Don’t Have a Will in Charlotte, NC

If you pass away without a will in Charlotte, NC, your estate will be subject to the state’s intestacy laws. This means that the court will distribute your assets according to a set formula, which may not reflect your wishes. Your spouse, children, and other relatives will receive shares of your estate based on these laws, which can lead to unintended consequences. For example, if you are married with children, your spouse may not inherit everything you own. Instead, your estate could be divided between your spouse and children, which could complicate your spouse’s ability to maintain your family’s lifestyle.

The Process of Creating a Will

Creating a will involves several important steps. First, you will need to take stock of your assets and decide how you want them to be distributed. This includes your home, bank accounts, investments, personal belongings, and any other property you own. Next, you will need to choose an executor, who is the person responsible for carrying out your wishes after your death. The executor will manage your estate, pay any outstanding debts, and distribute your assets according to your will. You will also need to name a guardian for any minor children you have, ensuring that they will be cared for by someone you trust.

Once you have made these decisions, the next step is to draft your will. It is important to have a clear and legally binding document that accurately reflects your wishes. After the will is drafted, you must sign it in the presence of witnesses to make it official. In North Carolina, at least two witnesses are required, and they must not be beneficiaries of the will.

Why It’s Important to Hire a Charlotte Wills Attorney

While it is possible to create a will on your own, hiring an experienced wills attorney in Charlotte, NC, is highly recommended. A wills attorney can help ensure that your will is legally valid and that all necessary steps are taken to protect your estate. They can also help you navigate complex issues such as estate taxes, trusts, and guardianship, ensuring that your wishes are fully honored.

At Phillips & McCrea, PLLC, our Charlotte wills attorneys are dedicated to helping you create a will that reflects your wishes and provides peace of mind for you and your loved ones. We understand that every client’s situation is unique, and we take the time to understand your specific needs and goals. Our attorneys will guide you through each step of the process, from drafting your will to ensuring it is properly executed.

In addition to creating a will, our attorneys can help you with other important estate planning documents, such as powers of attorney and healthcare directives. These documents allow you to designate someone to make decisions on your behalf if you are unable to do so, ensuring that your wishes are respected even if you cannot communicate them yourself.

Common Mistakes People Make When Creating Their Wills

Creating a will is one of the most important steps in planning for the future. It helps ensure that your wishes are followed after you are gone and that your loved ones are taken care of. However, many people make mistakes when creating their wills, which can lead to confusion, disputes, or even legal battles. As experienced Charlotte wills attorneys, we have seen the issues that can arise when wills are not properly prepared. Below are some of the most common mistakes people make when creating their wills.

Not Having a Will at All

One of the biggest mistakes people make is not having a will at all. Without a will, the state of North Carolina will decide how your assets are distributed according to state law. This can result in your property going to people you may not have intended to inherit. Additionally, not having a will can cause unnecessary stress and confusion for your family during an already difficult time. It is important to take the time to create a will to ensure your wishes are followed.

Trying to Create a Will Online or Writing It on Your Own

With the rise of online will-making services, many people are tempted to create their wills online or simply write them on their own. While this may seem like a quick and easy solution, it often leads to problems down the road. Online forms may not account for the specific laws in North Carolina, and a handwritten will may not meet the legal requirements to be valid. These do-it-yourself options can leave your loved ones facing legal challenges, disputes, or even having your will declared invalid. Working with a qualified attorney ensures that your will is properly drafted and meets all legal requirements.

Failing to Update the Will

Another common mistake is failing to update your will as your life changes. Major life events such as marriage, divorce, the birth of a child, or the acquisition of significant assets should prompt you to review and update your will. Failing to do so can result in outdated or unintended provisions. For example, if you get divorced and do not update your will, your ex-spouse may still inherit your assets. Regularly reviewing and updating your will with an attorney ensures that it reflects your current wishes.

Not Including All Assets

People often forget to include all their assets in their wills. This can include assets such as life insurance policies, retirement accounts, or digital assets like online accounts and digital files. If these assets are not properly included in your will, they may not be distributed according to your wishes. It is important to work with an attorney to ensure that all your assets are accounted for and properly included in your will.

Not Naming a Guardian for Minor Children

If you have minor children, it is crucial to name a guardian in your will. This person will be responsible for caring for your children if something happens to you. Failing to name a guardian can lead to legal disputes among family members or even result in a court-appointed guardian who may not be someone you would have chosen. By working with an attorney, you can ensure that your children are cared for by someone you trust.

Leaving Out Important Details

Wills should be clear and detailed to avoid confusion or disputes. However, many people make the mistake of leaving out important details, such as the specific distribution of assets or instructions for special items. This can lead to misunderstandings and disagreements among family members. By working with a qualified attorney, you can ensure that your will is thorough and leaves no room for ambiguity.

Charlotte Wills Client Story

This client story is for educational purposes only.

Mabel sat quietly at her kitchen table, her fingers tracing the edge of her coffee mug. The house was too quiet, and the emptiness weighed heavy on her heart. It had been a year since her husband, George, passed away, and the loneliness still crept in like an unwelcome guest. Now, more than ever, she felt the need to get her affairs in order. Mabel knew she needed to create a will, but the thought of it made her nervous. She had no idea where to start.

One day, while Mabel was out running errands, she noticed a sign for Phillips & McCrea, PLLC. The words “Charlotte wills attorneys” caught her eye. She remembered hearing about Sonia Molina, an attorney who had helped one of her friends with estate planning. Mabel felt a tug in her heart. Maybe this was the help she needed.

With a deep breath, Mabel made the call and scheduled an appointment. The day of the meeting, she walked into the law firm, her heart pounding in her chest. But as soon as she met Sonia, she felt a wave of relief. Sonia greeted her with a warm smile, and her kind eyes made Mabel feel at ease.

They sat down together in Sonia’s cozy office, where the soft light filtered through the windows. Sonia listened carefully as Mabel talked about her life, her family, and her worries. Mabel explained that she wanted to make sure her children were taken care of and that her wishes were clear. She didn’t want to leave any confusion behind.

Sonia nodded as Mabel spoke, her pen gliding over the paper as she took notes. “Mabel,” she said gently, “I’m here to help you through this process. We’ll take it one step at a time, and I’ll make sure your will reflects exactly what you want.”

Over the next few days, Sonia guided Mabel through every detail. She explained everything in simple terms, making sure Mabel understood each step. Sonia’s patience and care made all the difference. Mabel felt like she wasn’t just another client—she was someone Sonia truly cared about.

As they worked together, Mabel began to feel a sense of peace. The worries that had weighed her down started to lift. Sonia helped her put everything in order, from her assets to her final wishes. Mabel knew that if anything happened, her family would be protected, and that gave her comfort.

When they finished, Mabel held the completed will in her hands. Tears welled up in her eyes, but this time, they were tears of gratitude. She looked at Sonia and said, “I can’t thank you enough. You’ve taken such a burden off my shoulders.”

Sonia smiled and reached out to hold Mabel’s hand. “It was my honor to help you, Mabel. You’ve done something truly important for your family.”

How Phillips & McCrea, PLLC Can Help

At Phillips & McCrea, PLLC, we understand that planning for the future can feel overwhelming. Our experienced Charlotte wills attorneys are here to guide you through the process with compassion and professionalism. We take the time to listen to your concerns, explain your options in clear and simple terms, and draft a will that reflects your unique circumstances. Whether you have a straightforward estate or more complex needs, our team is dedicated to providing you with the legal support you need to make informed decisions.

Schedule an Appointment with Us Today

If you are ready to take the next step in planning for your future, our Charlotte wills attorneys at Phillips & McCrea, PLLC are here to help. We invite you to contact our firm to schedule an appointment. During this meeting, we will discuss your goals and how we can help you achieve them. Our team is committed to making the process as smooth and stress-free as possible, so you can have peace of mind knowing that your affairs are in order.