For most individuals, imagining a time when they may not be here anymore is difficult to fathom. Creating a will and a plan for a living will is not at the top of everyone’s list of things to do, but it should be. If you don’t have a will, the state may have to decide what to do with your assets, custody of your children, and make other decisions on your behalf. A will is the best way to impose your own desires on the disposition of your estate.
Besides the “who gets what” aspect of creating a will, other important decisions must be made. An executor should be appointed. Custody of your children should be discussed. Repayment of your debt and burial expenses is necessary. Additionally, many individuals also create a living will or health care directive, which helps to determines their wants and needs should they become hospitalized or incapacitated and cannot make decisions for him or herself.
In our firm, we help our clients create their wills by going through their assets, and determining what and who should be considered in the disposition of the items. It is also our job to ascertain the ramifications of each decision the individual makes regarding the asset. As a North Carolina family law attorney, we can discuss with you the important issues of custody as it pertains to your will, and divorce, should it occur simultaneously with your passing. Other considerations, such as trusts, taxation, and the need for a living will may have to be addressed.