Wills

A will is one of the most important documents you’ll ever create. It’s your voice when you’re no longer here to speak for yourself, directing how your assets should be distributed, who should care for your minor children, and who should handle the administration of your estate. Yet despite its importance, many people put off creating a will, sometimes indefinitely.

At the Law Office of Michael Paul, PLLC, we help families throughout Rolesville, Wake Forest, and surrounding communities create clear, legally sound wills that reflect their wishes and provide peace of mind. Whether you’re creating your first will or updating an existing one to reflect life changes, we’ll guide you through the process with patience and care.

What a Will Can Do for You

A will serves several critical purposes. It names the individuals or organizations who will receive your property after your death. This includes everything from your home and vehicles to bank accounts, investments, and personal possessions that hold financial or sentimental value.

If you have minor children, your will designates who will serve as their guardian. This is perhaps one of the most important decisions you’ll make, ensuring your children are cared for by someone you trust if something happens to you.

Your will also names an executor, the person responsible for managing your estate through the probate process. This individual will gather your assets, pay any outstanding debts and taxes, and distribute your property according to your instructions.

Beyond these practical functions, a will provides clarity for your loved ones during an already difficult time. Without one, North Carolina’s intestacy laws determine how your property is distributed, which may not align with your wishes. The process can also become more complicated and contentious when family members must navigate these decisions without your guidance.

What Happens Without a Will

When someone dies without a will in North Carolina, their estate goes through probate according to the state’s intestacy statutes. These laws follow a predetermined formula based on family relationships, typically distributing assets to a surviving spouse and children, or if there are no children, to other family members in a specific order.

This approach doesn’t account for your unique family dynamics, relationships, or intentions. It can’t designate guardians for your children. It doesn’t allow you to provide for a partner you weren’t married to, a close friend who supported you, or a charity that matters to you. It may distribute assets in ways you never intended, potentially creating conflict among family members or leaving some people you cared about with nothing.

Elements of a Comprehensive Will

A well-drafted will includes several key components. It begins with clear language identifying you as the testator and revoking any prior wills. This prevents confusion about which document reflects your current wishes.

The document names your executor and typically includes an alternate in case your first choice is unable or unwilling to serve. We’ll discuss the responsibilities involved so you can select someone who is both trustworthy and capable of handling the administrative duties.

For parents of minor children, the will designates guardians and alternate guardians. This section requires careful thought about who shares your values, parenting philosophy, and would provide a stable, loving environment for your children.

The heart of your will contains the specific bequests and distributions. You might leave particular items to specific people, establish how remaining assets should be divided, and include contingency provisions for various scenarios. We help you think through these decisions carefully, considering both your current circumstances and potential future changes.

Your will should also address what happens if a beneficiary predeceases you, how jointly owned property should be handled, and whether any gifts should be made to charitable organizations. We’ll work with you to anticipate questions and address them clearly in the document.

When to Create or Update Your Will

Certain life events should prompt you to create or update your will. Marriage, divorce, the birth or adoption of children, and the death of a beneficiary or executor are all clear triggers for review. Significant changes in your financial situation, whether acquiring substantial assets or experiencing financial difficulties, warrant revisiting your estate plan.

Moving to a different state may require updates to ensure your will complies with your new state’s laws. Changes in your relationships with family members, or changes in their circumstances, might lead you to modify your beneficiaries or guardianship designations.

Even without major life changes, it’s wise to review your will every few years to confirm it still reflects your wishes and circumstances. Laws change, family dynamics evolve, and your priorities may shift over time.

Will-Based Estate Plans vs. Trust-Based Estate Plans

While wills are essential estate planning documents, they’re not always the only option. Some families benefit from trust-based estate plans that can help avoid probate, provide privacy, and offer more control over when and how assets are distributed.

A will-based estate plan is often appropriate for individuals and families with straightforward estates, modest assets, and clear distribution wishes. Wills are generally less expensive to create and simpler to understand and maintain.

Trust-based plans may be beneficial for those with larger estates, complex family situations, minor children who would inherit significant assets, or strong preferences for privacy and avoiding probate. Many families are using Trusts to transfer real property and avoid probate. We’ll discuss both approaches with you and help you determine which strategy best serves your family’s needs.

Our Approach to Will Preparation

We begin with a consultation to understand your family structure, assets, goals, and concerns. This conversation allows us to learn about your unique situation and explain the options available to you.

From there, we draft a will tailored to your circumstances. We don’t use generic templates that ignore your specific needs. Instead, we create a document that addresses your situation, uses clear language, and complies with all North Carolina legal requirements.

Before finalizing your will, we review the draft with you, answering questions and making any necessary adjustments. We ensure you understand every provision and feel confident that the document reflects your wishes. Once you’re satisfied, we guide you through the proper execution process, including witnessing and notarization requirements under North Carolina law.

Taking the Next Step

Creating a will doesn’t have to be complicated or overwhelming. With guidance from someone who understands both the legal requirements and the personal nature of these decisions, you can establish a plan that protects your family and provides peace of mind.

If you’re ready to create or update your will, we’re here to help. Contact the Law Office of Michael Paul, PLLC at 919-951-7955 or email michael@michaelpaullaw.com to schedule a consultation. Let’s work together to ensure your wishes are clearly documented and your loved ones are protected.