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Creating an Estate Plan in Elizabeth City, NC
Table of Contents
Key Takeaways
- Estate planning is much more than creating a will. Even individuals without significant wealth can benefit from an estate plan.
- An estate plan can help avoid certain taxes and provide for minor children.
- Including documents such as powers of attorney and a living trust can help your loved ones carry out your wishes if you become incapacitated.
- An estate plan provides peace of mind by helping your loved ones follow your wishes, whether you become incapacitated, pass away unexpectedly, or live a long life.
Going through the probate process is usually stressful for family members. It also adds additional time to settle your affairs after you die, causing extended grief for your loved ones. By creating an estate plan, you can avoid the probate process and help your loved ones receive the assets you intend. An estate plan can also reduce probate costs, limit certain taxes, and keep your affairs private.
Our estate planning attorneys at Parks Zeigler, in Elizabeth City can provide legal advice, help create an estate plan that fits your situation, and update it each time you have a major life change.
Why Choose Parks Zeigler, PLLC, as Your Estate Planning Attorney
When choosing an estate planning attorney, you want someone who can provide legal guidance for various situations, including creating an estate plan tailored to your needs, making updates over time, and representing you or your loved ones if a will is contested.
Our estate planning attorneys at Parks Zeigler, PLLC, in Elizabeth City have experience in North Carolina’s probate laws and can help you create a unique estate plan tailored to your family and financial situation. Contact our law office or explore our firm website to discover how we can help you with your estate planning needs.
Testimonials
“My mother and I met with Andrew to revise her will and ask some questions regarding what was in her best interests after having challenges between siblings. He was patient, kind, and professional as he guided us to the best and simplest solution to meet all of my mother’s needs. We were surprised to learn so much information previously unknown, which seemed too good to be true, but he explained it in detail and even put it in an email so as to make it easier to explain to my other siblings, leaving zero room for questioning. We left our consultation feeling a huge burden had been lifted. I will be highly recommending him to anyone. Wisdom, integrity, and sincerity on point.” — Valerie T.
“My husband and I reached out to Mr. Shilling to help with our Estate Planning. He was found to be very knowledgeable, professional and gave us exceptional guidance in preparing our Trust and other necessary estate documents. Within a few weeks we were in his office to complete the paperwork. At that time Mr. Shilling made sure to explain the Trust and the funding of it as well as the other specific documents and their purpose. We very much appreciate his expertise in our Estate Planning and would highly recommend Mr. Shilling for your legal needs.” — Tamara E.
What Types of Services Can an Estate Planning Attorney at Your Law Firm Help With?
An estate planning attorney can help provide a wide range of services to guide you through organizing, protecting, and distributing your assets according to your wishes.
Wills
A will, also known as a Last Will and Testament, is a legal document that outlines how your loved ones should distribute your assets and property after your death. An attorney can help you draft a legally enforceable will. A will must be properly executed or the court can determine it to be invalid. If the will is not valid, it is the same as if you died intestate (without a will).
Trusts
North Carolina offers various types of trusts, such as revocable trusts, irrevocable trusts, charitable trusts, and others, providing flexible options for managing assets during a person’s lifetime or after their death.
A trust can help avoid probate and guardianships which can significantly reduce any burden you might otherwise impose on your loved ones if you become incapacitated or when you die.
Healthcare Power of Attorney
A healthcare power of attorney designates a trusted person to make medical decisions on your behalf should you become unable to make or communicate your own decisions. This document helps your family and medical professionals follow your medical preferences. This applies to all manner of health care decisions, to long-term care and even to end-of-life treatment options. Always choose someone you trust to make decisions on your behalf.
Trust and Estate Litigation
An experienced estate planning attorney can navigate disputes related to trusts and estates, such as will contests or disagreements over asset distribution. They provide legal representation to protect their clients’ interests.
Guardianship
An attorney can help individuals establish guardianship arrangements for minor children or incapacitated adults, helping them receive the protection and care they need.
Business Succession Planning
Estate planning attorneys can assist business owners with succession planning, helping transfer the business to their chosen successors according to their wishes, whether through sale, inheritance, or other means.
Conservatorship
A conservatorship involves appointing someone to manage an incapacitated person’s financial and personal affairs. An estate planning attorney can help you navigate the process of establishing a conservatorship for a loved one.
Probate
An attorney can guide you through the probate process, which involves validating the will and distributing assets according to state law. The attorney can also help simplify this often complex and time-consuming process.
Estate Administration
Estate administration can also be complex. Estate planning attorneys can guide executors or administrators through the process, including during tasks such as inventorying assets, paying debts, and distributing assets according to the will or state law. They can also represent clients in case of any legal issues with the estate plan.
Special Needs Planning
If you have a special needs child or other relative, an estate planning attorney can guide you through the process of creating a special needs trust so that beneficiaries with disabilities receive the support they need without jeopardizing government benefits.
What is Estate Planning?
At some point, everyone will need to have someone else manage their assets, either if you become incapacitated or when you die. Estate planning is the process of organizing how your assets will be managed and distributed under either circumstance.
It involves creating legal documents, including wills, trusts, powers of attorney, and healthcare directives that respect your wishes. Estate planning helps avoid probate complications and provides clear instructions for the guardianship of minor children or dependents.
Common Situations That Call for an Estate Planning Lawyer in Elizabeth City
Contrary to popular belief, estate planning is not just for people with huge assets or estates. It is a tool for everyone. No one wants to leave their loved ones with the burden of managing an estate through the probate process. As we all are living longer lives, everyone should also be making plans for what happens if they can no longer manage their own affairs. Estate planning is important for everyone who wants to protect their assets and pass them down to their loved ones without complicated legal hassles, regardless of their income or asset level.
How Can an Elizabeth City, North Carolina Lawyer Help Me with Estate Planning?
An estate planning attorney can assist individuals in Elizabeth City, North Carolina, by providing comprehensive guidance throughout the estate planning process. The attorney evaluates your unique financial and family circumstances and then helps you identify goals, such as asset distribution, tax minimization, and guardianship arrangements.
The attorney works to align the plan with your wishes and will clarify complex legal concepts. They will also address any confusion about the estate planning process and provide detailed explanations about wills, trusts, powers of attorney, and probate so you can fully understand your options.
In the event of contested wills or disputes over asset distribution, estate planning attorneys provide legal representation to protect your interests. They also handle litigation related to trusts, probate, and/or contested estates.
What Questions Should I Ask When Trying to Find an Estate Planning Lawyer in Elizabeth City?
During your initial consultation, you should always ask the attorney certain questions to gain a clearer understanding of whether the law firm’s services meet your needs.
1. How Long Have You Been Practicing Estate Planning Law?
When selecting an estate planning attorney, it’s helpful to know how long they’ve been practicing. Experience often reflects a deeper understanding of the legal and financial issues involved. At Parks Zeigler, PLLC, we have attorneys who have been handling estate planning matters for over 20 years.
2. Do You Have Experience with Cases Similar to Mine?
One of the most important factors to consider when choosing an estate planning attorney is whether the law firm has experience in cases similar to yours. The attorney should be able to explain the financial and legal complexities and provide his or her qualifications.
3. Can You Help with Complex Situations Like Business Succession or Special Needs Planning?
Asking about complex planning needs is essential because not all estate plans are straightforward. Business succession and special needs planning involve unique legal and financial considerations that require tailored solutions.
4. Are You Available for Ongoing Support and Updates if My Situation Changes?
It’s important to know whether your attorney can assist with updates as your life changes. Since each firm prepares estate documents differently, changing attorneys mid-process can be costly. At Parks Zeigler, PLLC, our estate planning attorneys are here to help you revise your will or other documents whenever the need arises.
5. How Do You Bill Clients (e.g., Hourly, Flat Fee)?
Understanding how a law firm bills for estate planning services is an important part of choosing the right attorney. Costs can vary significantly depending on whether the firm charges hourly rates or flat fees, especially for more complex planning needs.
Plan Today, Peace of Mind Tomorrow
Parks Ziegler offers caring, knowledgeable local attorneys who can help you create the right estate plan, trust, and power of attorney for your family’s future.
Secure Your Legacy with Our Estate Planning Attorneys
Take control of your future by creating an estate plan that protects your loved ones and honors your wishes. Whether you’re just starting or need to update an existing plan, our attorneys in Elizabeth City, North Carolina, are here to guide you. Call 888-691-9319 or use our online contact form to schedule your consultation today.
Frequently Asked Questions
What Happens if I Don’t Hire an Estate Planning Attorney?
Without an estate planning attorney, you risk having an incomplete or outdated plan, potentially causing probate, higher legal fees, and your wishes not being properly carried out.
When Can a Will Be Contested in Elizabeth City, NC?
A will can be contested if the decedent lacked testamentary capacity, was under undue influence, or if there are questions about the will’s validity.
Should I Choose a Will or a Trust?
A will takes effect after your death, directing asset distribution and guardianship for minors, but it requires probate, which can be lengthy and public. In contrast, a trust takes effect immediately, allows for more control over asset distribution, avoids probate, and provides greater privacy, though it is usually more complex and costly to set up. Choosing between a will and a trust can depend on your specific situation. Thus, it is highly recommended to speak to an experienced attorney to understand your options.
Written By Andrew T. Shilling
Andy is a highly experienced attorney practicing in both Virginia and North Carolina. He began his career at one of the nation’s largest law firms, defending businesses and insurance companies before shifting to a smaller firm to focus on helping individuals and families. In 2000, Andy founded Shilling & Barlow, a successful Chesapeake law firm, later expanding his practice to North Carolina in 2007. He joined Parks Zeigler in 2021 to establish the firm’s North Carolina office and continues to represent clients both there and in Virginia across a wide variety of legal matters.
