Estate Planning

Areas of Practice / Estate Planning

What is an Estate Plan?

An estate plan is a legal document that outlines how you want your assets to be distributed after you pass away. It can also include other important instructions, such as who you want to make medical decisions on your behalf if you become incapacitated.

Why Do I Need an Estate Plan?

Estate planning is important for everyone, regardless of how much money or property you have. Without an estate plan, the state in which you live will determine how your assets are distributed after you die, which may not be aligned with your wishes.

Having an estate plan can help to avoid conflict among family members and provide clarity about your final wishes. Additionally, if you have young children, an estate plan can help to ensure that they are taken care of by the people you trust in the event of your death.

What Should Be Included in an Estate Plan?

The specific components of your estate plan will depend on your individual circumstances, but there are some key documents that everyone should have in place. These include a Will, Durable Power of Attorney, and Healthcare Power of Attorney.

  • Will - a legal document that outlines how you want your assets to be distributed after your death. You can also use a Will to appoint a guardian for your minor children.
  • Durable Power of Attorney (DPOA) - a legal document that gives someone else the authority to make financial decisions on your behalf. This can be useful if you become incapacitated and are unable to make decisions for yourself.
  • Healthcare Power of Attorney (HCPOA) - a legal document that gives someone else the authority to make medical decisions on your behalf if you are unable to do so yourself.

You may also want to consider creating a Living Will, which outlines your wishes for end-of-life care.

What's the Difference Between a Will & an Estate Plan?

Both wills and estate plans have their pros and cons, so it's important to understand the difference before making a decision on which is right for you and your family.

A will is a legal document that outlines how you want your assets to be distributed after you die. You can also use a will to appoint a legal guardian for your minor children. Wills are generally simple documents, and they're relatively easy to create on your own.

The main downside of solely having a will is that it doesn't do anything to protect your assets from probate. Probate is the legal process of distributing a person's assets after they die. If you have a will, your assets will go through probate before they're distributed to your heirs. Probate can be a long and expensive process, so it's something you'll want to avoid if possible.

An estate plan is a more comprehensive approach to protecting your assets and ensuring your wishes are carried out after your death. In addition to a will, an estate plan can include trusts, beneficiary designation forms, and power of attorney documents. If you have an estate plan in place, your assets can be distributed quickly and efficiently after your death, without the need for a lengthy and expensive probate process. In addition, it may help you and your heirs pay substantially less in taxes, fees, and court costs.

How Can I Create an Estate Plan?

Creating an estate plan can be a complex process, so it's important to work with an experienced attorney who can help you understand your options and make sure your documents are properly prepared and executed.

At the law firm of Hartsell & Williams, we have extensive experience helping our clients create comprehensive estate plans that protect their assets and ensure their wishes are carried out after their death - regardless of changes in the law. We'll work with you to understand your unique circumstances and create a plan that meets your needs.

To get started, contact us today to schedule a consultation. We'll answer your questions, explain your options, and help you create an estate plan that's right for you and your family.

Five Things to Do
When a Loved One Passes Away

Link to Read More on Blog >
Writing a Will Vs. An Estate Plan

While many people have created a will to express wishes regarding asset distribution and guardianship, this type of document doesn’t cover all of the specific details involved in the passing on of an estate. A will is a legal document that sets forth your wishes regarding the distribution of your property and the care of any minor children. An estate plan goes much further than a will. Not only does it deal with the distribution of assets, but it may help you and your heirs pay substantially less in taxes, fees, and court costs during an already stressful time. It’s also important to remember that, while estate planning may not change drastically, the laws affecting your estate may change. That’s why experienced counsel is important when drafting your wishes. An experienced attorney can be aware and up to date on what may be changing that affects your estate.

Related: Why More People Should Consider Estate Plans >


Do I Need an Estate Plan?

-Anyone with assets, or a family, should have a will. The decision to have an estate plan is a personal one and depends on more than the potential size of an estate. Consider the following questions:
- Are there children involved?
- Is privacy important?
- If you own a business, have you thought about succession planning?
- Are there special circumstances (e.g., blended families or disabilities)?
- Do you have substantial assets approaching five million dollars in total value?

If you can answer “yes” to any of the questions above, then creating an estate plan will likely be beneficial to you and your family. Estate planning can quickly become a complicated process, but with our experienced team of attorneys to assist you along the way, we can help create a situation that places your mind at ease in regards to your family and their future.

All areas of Estate Planning:

Wills
Trusts
Wealth Management

Our attorneys that practice Estate Planning law:

Contact Us Today

HW Contact Form

CONTACT FORM DISCLAIMER

Submission of this contact form does not constitute a legal relationship or form an attorney/client relationship. Hartsell & Williams, P.A. does not agree to represent you or to take your case simploy because you complete this form or email the firm.

Hartsell & Williams Attorneys, P.A.
71 McCachern Blvd., Concord, North Carolina 28025
Phone: 704-786-5161

Copyright © 2023 - Concord, NC Lawyer - Hartsell & Williams Attorneys, P.A. 
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation.
This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Please review our Privacy Policy.
linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram