affordable estate plan

An Affordable Estate Plan

We believe everyone deserves an affordable estate plan. If you have minor children, you absolutely need one. Too often, clients are pressured into expensive and complicated trust vehicles designed for tax savings that benefit the wealthy. What most of us need is a Simple Will, Power of Attorney, and a Living Will. We proudly offer an affordable estate plan to clients in Charlotte and the surrounding area.

What Is A Simple Will?

Your will is the document which dictates your wishes upon your death. Specifically, it gives you a chance to direct the treatment of certain assets—your home, your belongings, and the remainder or “residual” of your estate. The will also gives you a chance to detail your burial wishes and make other special requests.

While protecting your assets from being administered by a statutory process, the will also is your chance to clearly lay out your wishes. The importance of this cannot be over-stated. By doing so, you give family clear direction as to the disposal of your assets and minimize any confusion among surviving siblings or children as to “who gets what”.

Your will also gives you the chance to name a guardian for your minor children in the event you pass away before your children reach an age of majority. If you are married, this is only necessary if both parents pass away– our affordable estate plan addresses that. You also have an opportunity to name a trustee to look after the assets of your estate if your children are minors when you pass. This way, your minor children do not have full access to the assets until an age that you determine is appropriate.

It’s important that your will follow the rules for execution in North Carolina, which are defined in the North Carolina General Statutes. In order to have a valid will, you must meet these requirements. Our office can assure you that your estate plan will be valid and recognized in North Carolina.

Healthcare Power of Attorney

Our estate plan also includes a healthcare power Of attorney. This document names someone to make healthcare decisions for you if you’re unable to do so yourself. This document is invaluable if your health declines and you can’t communicate with doctors and healthcare facilities. It enables those same doctors and facilities to administer care by considering the voice of your healthcare agent, who you will name in your healthcare power of attorney.

Living Will

Often confused with a will, your living will is a document which clearly communicates to doctors and healthcare professionals what your desires are regarding treatment under certain circumstances. If you are terminal and incurable, or in a persistent vegetative state, this document is your authority to withhold certain treatment. Without it, healthcare professionals strongly hesitate to withhold care for fear of liability.

Family members often are placed in a difficult position if you don’t have a living will. During a time of crisis, this document allows the family and doctors to clearly be made aware of your wishes regarding treatment like extraordinary measures and artificial nutrition and hydration (Commonly referred to as “tube feeding”).

Financial Power Of Attorney

Lastly, your estate plan includes a financial power of attorney. This document names an individual who can handle your finances in the event you are unable to do so for yourself. This empowers the family to fund healthcare from your accounts and also to carry on your ongoing financial business during a time when you’re unable to do so for health reasons.

It’s Easy To Get Started

Obtaining an estate plan through our office is easy. There is a questionnaire you fill out, which asks basic questions regarding who you would like to name to take care of your health and financial matters if you can’t do it. It also asks if you have any specific wishes to be carried out through your will.

You do not need to turn over a ton of paperwork or financials in order to obtain an affordable estate plan. If you need advanced estate planning down the road for tax purposes, we can assist with that when the time is right.

Speak With A Charlotte Attorney Today

If you would like to speak with an attorney about getting your affordable estate plan done, call us. The consultation is free. You can call 704.749.7747 or click to request a FREE CONSULTATION.

Do I make too much money for Chapter 7

If you need a basic will or estate plan, we can assist. Our firm routinely handles legal matters for clients which begin with a bankruptcy or a personal injury claim. Often, clients ask us for assistance with a will, power of attorney, or living will. Fortunately, our basic will and estate plan contains a will, healthcare power of attorney, financial power of attorney, and a living will.

Most clients find a basic will and accompanying documents are all they need. If your financial situation warrants advanced estate planning, we will let you know and help you take next steps. Fortunately, in most cases a basic estate plan is all you need, and clients find it quite affordable.

Your Last Will and Testament

Your last will and testament is a document used to convey your wishes as it relates to your real estate and your personal property. Your attorney will discuss with you what you own, and who you would like to inherit what you own, upon your death. Your will attempts to carry out those wishes.

Guardianship of Minor Children

If you have minor children, your will has language which indicates who you would like to serve as a Guardian. You get an opportunity to also name an alternate, in the event the first person or couple is unavailable to serve as Guardian.

Naming An Executor

Your will also gives you a chance to name an Executor, or someone who is appointed to carry out your financial affairs after your death. You can name numerous individuals for this role, in the event the originally named individual is unavailable or unwilling to serve in that role.

Healthcare Power of Attorney

Your healthcare power of attorney names an individual you authorize to assist doctors in making healthcare decisions on your behalf, in the event you are not able to make those decisions yourself. This individual will also be able to sign paperwork and handle facilitating healthcare decisions from an administrative or practical perspective.

Financial Power of Attorney

Much like a healthcare power of attorney, the financial power of attorney names individuals to make financial decisions for you if you are unable to make them yourself. This includes doing your banking, depositing checks, and sometimes even selling real estate. Your financial power of attorney is effective upon signing, and continues until your death, until you revoke it, or until a specific time named in the document.

Living Will

A living will is a document which gives you an opportunity to tell doctors in advance, what procedures you do and do not want performed on you, in different health conditions. For example, if your condition is determined to be fatal, you can direct doctors not to subject you to artificial nutrition and hydration (“Tube feeding”) or not to use “Extraordinary Means” to keep you alive. This advanced directive is a way for your voice to be part of the conversation when your health won’t allow you to.

Speak With An Attorney

If you’d like to speak with an attorney about a basic will package or an estate plan, please call us at 704.749.7747 or click for a FREE CONSULTATION and we will call or email you. Estate planning should be affordable, and we strive to contribute to meet that goal.

Caring for clients means assisting with existing problems and preventing future problems. Most of my bankruptcy clients do not have a Will or any other estate planning documents. While I do not recommend a Will or Estate Planning package for all individuals, if you have minor children you need both.

Choose Us For Bankruptcy or Personal Injury, We’ll Do The Rest

We understand the cost of an Estate Planning Package is just one more bill, in addition to the bills you already owe. And if you’re paying for a bankruptcy, very rarely is there money left over for Estate Planning. As a way to say thank you to clients who choose The Layton Law Firm to assist them with their bankruptcy or personal injury, we offer a reduced rate on an Estate Planning Package for existing bankruptcy or personal injury clients.

It’s easy to take advantage of this. When you call the firm to inquire about bankruptcy or personal injury, simply ask about the Estate Planning package and we will plan on executing the Will and other accompanying documents after we have completed your representation for your initial matter.

It feels good to take care of clients, and we look forward to seeing client achieve peace of mind by assisting with personal injury, bankruptcy filings, and planning for the future through Estate Planning.

Call Today

Call today to get your bankruptcy questions answered, and we can move forward together to restore financial well-being to your life. We’re also here to talk about alternatives to bankruptcy, if you feel that may be a better option for you. You can call us at 704.749.7747 or click here for a FREE CONSULTATION.

There are two primary reasons I recommend a Will. First, if you have minor children, a Will provides direction as to the care of those children after your death. Second, with a Will a person has control over how and to whom his or her property shall be distributed after death.

Anyone can create their own valid Will. Most lawyers are hesitant to tell you this. The reason to consider having a lawyer assist with drafting your Will and other Estate Planning documents is that in order to carry out the wishes of an individual, certain legal language recognized by North Carolina courts is required. A lawyer familiar with the Estate Planning laws of North Carolina will help ensure the following items are handled consistent with your objectives:

The care of your children — A Will contains provisions naming Guardians who will care for your children in the event you (and your Spouse) should pass away.

The care of your assets — A Will directs the disposition of certain assets (Real and Personal Property) in the event you pass away. Your choices will probably differ from the state’s ‘default’ disposition of those assets should you pass without a Will.

Your healthcare decisions — An effective Estate Plan includes a Healthcare Power of Attorney, which names individual(s) of your choosing, who will be entitled to assist in making healthcare decisions for you in the event you cannot make those decisions on your own.

Your financial decisions — An effective Estate Plan includes a Financial Power of Attorney, which names individual(s) of your choosing, who will be entitled to assist in the handling of finances in your name, should you be alive but unable to handle those affairs on your own.