As a stepparent, you’ve likely grown to love your stepchildren as your own. It’s only natural to want to ensure they benefit from your hard work and share in your estate when you’re no longer around. But you might be surprised to learn that, without proper planning, stepchildren do not automatically have inheritance rights. Our Chatham County will and trust attorneys break it down for you. Understanding the Inheritance Laws for Stepchildren By default, inheritance laws don’t

Cognitive decline is a challenging issue faced by many elderly individuals and their loved ones. It can be emotionally difficult and legally complex to know when and how to step in. If you’re noticing cognitive issues in a loved one, it may be time to consider involving their doctor. Here are a few points from our Chapel Hill elder law attorneys to guide you in doing so ethically and legally. Signs It May Be Time to Speak with a Doctor Memory Loss Affecting Daily Activities:

Most people are shocked to learn that North Carolina children born out of wedlock (their parents are not married to each other) will not inherit from their father, unless he creates a will or other estate plan, or has been declared the father in certain court proceedings. Being listed as the father on a birth certificate is not enough. Men, if your child was born outside of marriage, you must take legal action to ensure your child inherits from you. Understanding the Inherita

Writing a Last Will and Testament is a crucial step in planning for your future. But did you know that it’s also possible to create a plan for the way you want your funeral and memorial service to be conducted? It may seem daunting, but it doesn’t have to be. Read on to learn how you can make your funeral wishes part of your estate plan. Create a Health Care Power of Attorney The person you name as agent (health care agent) in your Health Care Power of Attorney (HCPOA) will h

Parenting an adult with special needs can present unique financial challenges. A Special Needs Trust can help to ease the burden by providing additional resources without compromising your child’s eligibility for government benefits. Funds from a trust may be used to cover things like housing, medical expenses, and other services that contribute to quality of life – allowing you peace of mind knowing your loved one is provided for in every way possible. Let’s take a look at s

When creating a trust, one important decision to make is who will act as the trustee. Choosing to name a non-family third party as the trustee of your trust can provide several benefits. Here, we will explore some of the pros and cons of choosing a third party to oversee the trust. Pros Objective Decision Making A third-party trustee has no personal ties or biases that could affect their decision-making. This means decisions are based on the best interests of the trust and it

While being a caregiver can be rewarding, it can also be extremely stressful. It is very common for caregivers to feel frustrated, tired, and even depressed. As a result, you will want to make life as easy as possible to reduce stress. Following are some ways to help you accomplish that goal. Have Limits As a caregiver, you will be asked to do many things, but that doesn’t mean you have to do everything. You have to create boundaries for your loved ones. If you are taking per

Estate planning involves careful consideration of your assets and how they’ll be managed upon your passing. One common question that arises is whether a burial plot should be included in a living trust. Our Chapel Hill will and trust lawyers will explain why burial plots don’t necessarily need to be included in your trust and discuss the unique nature of their ownership and transfer. Understanding Burial Plot Ownership Unlike traditional real estate, burial plots are not owne

As you navigate the complexities of North Carolina elder law and long-term care planning, one crucial aspect to understand is Medicaid recovery. In this blog post, we’ll explore the concept of Medicaid recovery, how it impacts elder law clients, and what steps you can take to minimize its effect on your estate. By gaining a clear understanding of this process, you can make informed decisions that protect your assets and ensure your loved ones are cared for. What is Medicaid R

Trusts are often associated with the ultra-rich, but in reality, they can be an essential tool for families across various income levels. Middle-class families should also consider setting up trusts for their children to ensure their financial security and proper use of assets. Why Middle-Class Families Should Consider Trusts It’s a common misconception that only the super-wealthy need to set up trusts for their children. However, even if you don’t have a vast fortune, your a

As you embark on the journey of creating an estate plan, it’s essential to consider all aspects of your life, including your genetic legacy. Embryo and genetic material preservation are becoming more common, and if you’ve chosen this path, it’s crucial to discuss these matters with your Chapel Hill estate planning attorney. Make Your Wishes Known Your attorney will help ensure that your wishes for your genetic material are documented properly in your will or trust. When you’v

Making the difficult decision to disinherit a child from your estate is never easy. You may be wondering: Do I need to explain my decision to my child? The short answer is no, you are under no legal obligation to do so. But the longer answer? It’s a bit more nuanced. Let’s dive into this delicate subject with guidance from our Chapel Hill estate planning attorneys. The Choice to Explain Disinheritance Legally, you are not required to justify your decision to disinherit a chil

The North Carolina elective share law protects surviving spouses from being disinherited (when the deceased spouse’s estate plan left everything to other people). In addition to creating marital rights, the law also helps prevent poverty among elderly people who have lost their spouse. North Carolina has perhaps the most generous law in the United States for protecting disinherited spouses, allowing surviving spouses to claim up to 50% of their spouse’s estate, and assets own

PROTECTING SURVIVING SPOUSES FROM DISINHERITANCE. The North Carolina elective share law is a powerful set of rules that ensures surviving spouses can inherit from their deceased spouse. It creates fairness in how the estate is divided and keeps some surviving spouses from falling into poverty. The amount of the spousal elective share depends upon the length of the marriage: Length of Marriage Elective Share % of Total Assets Less than 5 Years    15% 5 – 10 Years       25% 10

Mrs. Smith, a surviving spouse, is not given anything according to her deceased husband’s Will. She has a right to file for her Elective Share and receive a portion of the estate. But Mrs. Smith does not know she can file for an Elective Share – because like most people – she has never heard of an Elective Share. The clerks at the courthouse do not tell her, the Executor of the estate does not tell her, the attorney for the estate does not tell her. If she doesn’t find out an

It is a share of more than just the estate assets. It is possible to have a probate estate with no assets, and still have a big elective share case. How is this possible? The elective share is a portion of something called the Total Assets. Total Assets include the probate estate, but also include other types of assets or property owned or controlled at the time of death. This is a bit simplified, but for most people the Total Assets look like this: – Assets usually controlle

It’s possible but there are laws to protect surviving spouses. North Carolina has one of the strongest laws to protect spouses from disinheritance. Disinheritance is when someone who would expect to receive inheritance, like a spouse or child, does not inherit. This may be planned by the person who passed, or it may be unintended. The increase in second marriages and blended families makes this more common. Like many other states, we have an Elective Share law that allows sur

Many people confuse the Spousal Allowance (formally called “Year’s Allowance”) and the Elective Share. They are both available to surviving spouses in the deceased spouse’s estate proceeding. But they have very different benefits for the surviving spouse. The Year’s Allowance allows the spouse to take the first $60,000 from the personal property of the estate (personal property is everything that is not real estate). The Elective Share grants to the spouse a portion of the To