Hickory Wills Attorney

Hickory Wills Lawyer

Possibly the most important document that you will ever sign is a last will and testament. A will allows you to detail how your estate should be divided and who should inherit what. A well-drafted and clear will is important because, without a valid will, the courts will decide how your estate will be divided. The process of hiring a Hickory Wills attorney to draw up a will helps you maintain control over where your valuables end up going.

How to Write a Valid Will

The drafting of a will is considered part of estate planning. The most common means of drafting a will involves hiring an attorney who understands how to draft and execute a will in a way that will be upheld in probate court. A typed will is often ideal because there would be no issues with legibility.

Some wills can be handwritten. In rare cases, a will can be issued through verbal directions. This is often reserved for situations where someone is near the end of their life and may only have time to issue a verbal last will and testament. Wills are not valid until they are probated by a court. Any will that lacks certain legal requirements may not be considered valid by the courts.

Any person who is of sound mind and 18 years old or over may make a will in North Carolina. There are three main types of wills that may be considered valid in North Carolina. When drafting a will, you can designate the person you want to serve as the executor of your will. That person will be responsible for overseeing the probate process, handling any outstanding debts and taxes, and distributing your assets to the beneficiaries you’ve chosen.

Attested Written Will

The person who writes and executes the will is known as the testator. They must willingly and freely write and sign the will. A will that is signed under duress would not be considered valid. At least two witnesses must be present when the will is signed. The term “disinterested witness” is often used to signify that the witnesses have no ulterior motives or vested interest in bearing witness to the signing.

The witnesses have an important role because they may be asked to testify that the testator signed the will and recollect the conditions under which the will was signed. If questions are ever brought up, for example, about the consent of the testator, the witnesses would be the main source of information in settling the matter. The witnesses are required to sign the will, but they do not need to sign it in the presence of each other.

Holographic Will

A handwritten will is known as a holographic will. This type of will can meet the requirements of state law when the will is written entirely by the testator. A holographic will must also have two witnesses who sign the handwritten will.

State law does not explicitly require that a will be notarized, but having a will notarized does help validate the signatures. When someone passes away, the courts must contact the witnesses to determine whether the will is valid. If the witnesses cannot be found or if they have passed away, the notary would still stand as evidence that the signing of the will was witnessed.

Nuncupative Will

When someone is in imminent peril of death, a verbal will, known as a nuncupative will, can be made before two competent witnesses. For a nuncupative will to hold up in court, the testator must state their clear intention to verbally state their last will and testament.

The witnesses must be requested, meaning that they cannot be people who just happened to overhear the nuncupative will. There must be an actual death. If the person recovered, the nuncupative will would no longer be valid. A verbal will cannot supersede a written will, and a written will is always preferable to a nuncupative will.

FAQs

Q: Do I Need an Attorney to Write a Will?

A: If you do not work with an estate planning lawyer in Hickory to assist with drafting your will, your family may run into potential challenges to its legitimacy in the future. It is often far simpler to establish the validity of your will by working with an estate planning attorney. Wills are often drafted as part of the estate planning process.

Q: Can I Write My Own Will in North Carolina?

A: Yes, you can write your own will in Hickory and throughout North Carolina. Follow the state guidelines, and remember to have two witnesses present. If you are not sure how to draft a valid will, a skilled attorney can help you. Drafting wills is one of the simpler legal tasks for many attorneys, and the process should not take long.

Q: How Much Does a Lawyer Charge for a Will in North Carolina?

A: Like any form of legal service, a lawyer will charge based on the amount of time and resources that went into providing the service. Drafting a will is generally not a complicated process. When completed as part of estate planning, your lawyer can guide you through the process of drafting and signing a will.

Q: Do Wills in North Carolina Need to Be Notarized?

A: State law does not require that a will be notarized, but having a notary present during the signing of the will can be very helpful. In the event of a person’s passing, the courts need to reach out to the witnesses to ascertain the will’s validity. The notary signature can serve as evidence that the signatures are valid, even when the witnesses cannot be reached.

Schedule Your Hickory Wills Attorney Consultation Today

The process of drafting and executing a will may sound straightforward, but any mistakes or oversights made during the process could significantly complicate the probate process later. The attorneys at Cody Law Firm have many years of experience in estate planning. If you are planning on signing a will, we can guide you through the process and answer any questions that you may have. To schedule your estate planning consultation, contact our office today.