LGBT
Estate Planning and Probate Assistance
For members of
the LGBT community it is essential that wills and other estate
planning documents be drawn by an experienced attorney who
understands how to protect relationships not recognized by
North Carolina law. While
North Carolina law does recognize handwritten or form wills
and estate planning documents, North Carolina also has a
history of protecting traditional family relationships. So, if
your will directs that things be done in a manner the state
thinks is unconventional, it may be vulnerable to challenges
from family members or others.
You can avoid this uncertainty by having a lawyer draft
your will and other documents Our firm has 30 years of
experience preparing documents that ensure you and your loved
ones will be protected when you are no longer able to provide
that protection yourself.
Our services include:
Wills and
Trusts: North Carolina law says that if an individual dies
without a will, his or her property will be distributed along
traditional family lines, or, if no traditional relatives
exist, the property reverts to the state.
A valid will can:
-
Let you decide who gets your property after you die.
-
Direct
what you want done with your body, and who will be in
charge of funeral arrangements.
-
Appoint a
guardian for your children.
-
Direct who
distributes your property.
General Powers of Attorney:
A General Power of Attorney allows your partner, children
or another trusted person to have access to and authority over
your resources when you are incapacitated.
Health
Care Powers of Attorney and Living Wills:
A Health Care Power of Attorney allows you to designate
who will make decisions about your health needs when you are
unable to make those decisions yourself.
It also ensures that your partner will be able to be with
you when a hospital or other institutional situation limits
admission to “Family Only.”
If you don't have a Health Care Power of Attorney, your
partner can be prohibited from being near you when you need him
or her the most. Living
Wills allow you to establish now whether you would or would not
want artificial means used
to preserve your life in the event you became
incapacitated.
Estate
Planning: Tax
laws are usually not written with gay and lesbian couples and
families in mind. Our professional estate planning attorneys can
review how you currently on your property, advise you on the
latest changes in inheritance tax laws and help you develop a
plan that will protect your property and minimize tax burdens.
Probate
Assistance: While
some estates can be administered with a minimal amount of time
and effort, larger estates can be quite complex requiring a year
or more to settle and involving significant asset investigation
and a multitude of letters to creditors and court documents to
file. An attorney can help you identify means of simplifying the
probate process and assist you with satisfying the requirements
to successfully navigate the probate process before the Clerk of
Court.
Incompetency
and Guardianship:
Sometimes our loved ones need special care and guidance
from a family member or friend to manage their daily affairs.
In those circumstances when a guardianship is necessary,
our attorneys can guide you through the required court
procedures with a gentle understanding of the sensitive issues
that surround a determination of incompetency and
selection of an appropriate guardian.
