Preparation of Wills, Trusts, and Power of Attorneys
There is peace in knowing that your loved ones will be taken care of after you are gone. We routinely prepare estate packages and use our experience to help others navigate the complex maze of wills and estate planning in North Carolina.
A Will is a legally binding document or oral statement that explicitly explains an individual’s after-death desires for his or her property and affairs. To execute a will, the individual must be 18 years or older, of sound mind, and attested by at least two competent witnesses.
A Living Will, also known as an “Advance Directive for a Desire for a Natural Death,” is a legal document drafted in accordance with North Carolina law that declares how an individual would like to be treated in the event that oneself is unable to make these decisions. A concern typically addressed through a Living Will includes whether that person would want to be kept alive through life-sustaining treatment options. A Living Will also addresses several potential end-of-life care scenarios. The wishes stated in a living will are carried out by another individual through a Health Care Power of Attorney.
Power of Attorneys
A Power of Attorney provides broad authorizations that may enable an appointed individual to make medical decisions, legal decisions, or financial or business decisions on behalf of another individual. Two common Power of Attorneys are General/Durable Power of Attorney and Health Care Power of Attorney.
General / Durable Power of Attorney
A General/Durable Power of Attorney provides an individual with an outline of how you want your financial matters handled. This power can be as broad or narrow as the appointee wishes. The powers can include the authority to handle the day to day expenses such as paying the mortgage, rent, utilities, employees, medical bills and so on. It is important to appoint an individual that you trust to carry out these key decisions.
Health Care Power of Attorney
A North Carolina Health Care Power of Attorney, also referred to as a Medical Power of Attorney, allows an individual to appoint another person to act on his or her behalf to make medical decisions. This extends to that appointed individual only in the event that the person granting the power is incapacitated, and is unable to make decisions on their own. Make sure your well-being is protected with a proper power of attorney and advance directive.
With reliable information and proven experience to support legal and financial decisions, we help our clients to maintain a comfortable life. Our understanding of this discipline will help to provide long-term financial security and disbursement of assets through establishing the appropriate documents to meet your individual needs.
Special Needs Trust
Our firm provides special needs clients with compassionate and comprehensive care. An additional layer of protection can be added through creating a Special Needs Trust. There are steps and measures that we can guide you on to make sure your special needs child is taken care of after you are gone. A Medicaid Exemption Trust is a common Trust established to make sure your special needs child is still capable of receiving one’s quality of life outside of government allotted assistance.
Revocable and Irrevocable Trust
A personalized Trust is as unique as the individual it is created for. A Trust is created to offer substantial asset protection, tax benefits, assistance in qualifying for government programs such as Medicaid and keeps your estate from going through the long process of probate. You want the proper documentation in place to ensure that your loved ones are protected, and not for this decision to be made by the courts. A Revocable Trust is often used in estate planning. The creators of the trust can amend it at any time without the cooperation from other beneficiaries. The creator of the trust can also revoke it at any time and undo the Trust completely. In contrast to a Will, a Trust operates while the creator is still living and extends after they are deceased. Will only takes effect after the person is deceased. An Irrevocable Trust is one that the grantor cannot revoke in whole or in part. An Irrevocable Trust can be modified or terminated only if the beneficiary consents. When the trust is created and assets are transferred, the grantor extinguishes any rights to access or ownership. This helps to remove the asset from your estate for legal and tax purposes.
When we needed an attorney recently we contacted Kellie Gonzalez and could not have been more pleased with our interactions with her and the outcome she obtained for us.
From the very beginning, she was professional, understanding, and took great care to explain the legal process to us. She went far beyond what one would normally expect from an attorney and in doing so successfully achieved the goal we hoped for. We highly recommend Kellie Gonzalez for any occasion that calls for an attorney. – K, Family Law Client
I am writing to thank all of you, for assisting with the completion of the will and other key documents.
I appreciated the time, effort, patience, and the many questions answered which were all associated with this process. It is finally “done” and I can now relax and feel that my kids will be appropriately protected. Thanks again for your dedication, attention and positive experience! I’ll be sure to refer others to your office!! – D, Estate Planning Client
They were wonderful. Very efficient and great communicators.
I was very nervous about this process and they made it very simple and took all of the guesswork out of it. I will definitely use them again. – C, Will Preparation Client
Received a speeding ticket while passing through NC.
Was required to personally show in court or hire legal representation. Living 10 hours away, I opted for the latter. Great decision, but hiring them to represent me was a better one. They resolved my case much better than I could have ever hoped. Courteous, professional and obviously capable. – G, Out of State Traffic Violation Client
We used Kellie as our real estate attorney when purchasing a home.
Kellie and her staff walked us through the entire process from start to finish and promptly answered all our questions or concerns! I would highly recommend using her team to anyone looking for a real estate attorney! – M, Real Estate Closing Client
Capital to Coast NC Law Group has a skilled and knowledgeable team to simplify your estate planning experience.
To learn more about how Capital to Coast NC Law Group can assist you in drafting a will, trust or other estate documents, contact our law firm today via this quick inquiry form to schedule your appointment in Cary, NC, Greenville, NC, or Emerald Isle, NC.