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5 Reasons to Hire an Attorney When Creating a Will

Wed, 31 May 2023 13:40:39 GMT

Wills Attorney Serving Burlington, NC and the Surrounding Areas

Do you need to hire an attorney when creating a will? While online templates and videos are available to help you draft a will without hiring an attorney, the short-term savings for you could cost your loved ones time and money in the long term. A wills attorney provides the years of knowledge and experience necessary to prepare your final documents.

The following are key reasons to hire an attorney when drafting a will:

1. To Ensure that Your Will Is Legally Binding

A poorly prepared will can be worse than no will at all. While a will that you draft yourself could be legal, a thorough review by an attorney will ensure that your will holds up in court. North Carolina sets strict statutes for probate, and they are constantly changing. If you use an outdated template, it may not meet state requirements. Template makers and the authors of online advice articles can overlook statutes, leading to you accidentally leaving out critical information. A wills attorney will avoid these and other common mistakes, using the right clauses and verbiage to ensure your will is legally binding.

2. To Address All Components of Your Estate

A will ensures that your assets are distributed to the individuals you select, but it’s about more than just bequeathing property.

● A will names the executor of your estate, i.e., the person who will manage transferring assets to your heirs.

● A will designates guardianship of minor children.

● A will ensures that your specific wishes are carried out upon your death.

A wills attorney will ask the right questions and work with you to ensure you’ve considered everything.

3. To Reduce Your Loved Ones’ Burdens

A knowledgeable, experienced attorney can explain strategies for reducing loved ones’ tax burdens and the burdens of administering your estate. Attorney fees will vary depending on your location and your family’s needs, but the average cost of will preparation isn’t high. It’s a cost-effective way to leave assets to your loved ones. Furthermore, while a will won’t guarantee that your estate avoids probate - the legal process of transferring assets to the rightful individuals - without a properly prepared will, loved ones may wait up to two years for their inheritance. Hiring a wills attorney now could save time and money for your loved ones later.

4. To Navigate Complex Family Dynamics

If you were previously married or have children with someone other than your current partner, an experienced lawyer can help you navigate these complexities. Estate planning lawyers make arrangements for these types of unique situations and can help you update your will if your circumstances change. A probate attorney can also set up a more complex plan such as a trust. A good lawyer ensures that your assets will be distributed to the right individuals and reduces the risk of a will being contested. If an issue does arise, an attorney can aid in the legal proceedings and go to court on your estate’s behalf.

5. To Protect Your Own Interests

Documents accompanying a will can go into effect before you pass. For instance, a healthcare power of attorney grants a designated person the authority to make medical decisions on your behalf. Similarly, a financial power of attorney allows a third party to manage your finances if you cannot do so yourself. Life is unpredictable. Protect yourself by creating both of these documents with the help of an attorney when drafting your will.

Wills, probate law, and situations surrounding them can be complicated. Minimize the risk. Make sure that your will is valid and meets your needs. Communicating your wishes to your family isn’t enough - courts need it in writing. A sound, accurate will prepared by an experienced attorney is the best way to protect your assets, your loved ones’ security, and your own best interests.

Contact Our Proven Wills Attorney to Schedule an Upcoming Consultation

Contact Daniel L. Hawkins, PA, today to speak with an experienced wills attorney serving Burlington, NC and the surrounding areas.

How to Know Whether to File Chapter 7 or Chapter 13 Bankruptcy

Wed, 10 Aug 2022 19:35:22 GMT

How to Know Whether to File Chapter 7 or Chapter 13 Bankruptcy

With rising food and gas prices, an inflated housing market, and a global pandemic creating mountains of medical bills, many individuals and families throughout the U.S. are struggling financially. If you’ve fallen on hard times and cannot see a way out of debt, you might be interested in learning more about filing for bankruptcy. This is a serious life decision with far-reaching implications that should not be taken lightly, and yet the complexity of the process can make it very difficult to know whether you are truly making the right move. One of the main factors you need to consider is whether your situation would be better suited to filing Chapter 7 Bankruptcy or Chapter 13 Bankruptcy .

Tips from Our Expert Bankruptcy Attorney Serving Burlington, NC

Daniel L. Hawkins, PA is a knowledgeable and experienced bankruptcy attorney serving clients throughout Burlington, NC and the surrounding areas. Having handled countless Chapter 7 and Chapter 13 bankruptcy cases over the past few decades, he can be trusted to recommend the preferred option given a client’s particular financial circumstances. For many people, Chapter 7 is a much better fit, as it can go into effect more quickly while allowing the filer to still hold onto most of their property. It offers a means of completely wiping out many areas of debt and avoids any long-term payment plans. Not all individuals will qualify for Chapter 7 bankruptcy, however.

Chapter 13 Bankruptcy is a better option for people with high incomes or substantial property equity. Chapter 13 requires the repayment of a certain portion of debts. Most of your disposable income will be given to creditors for three to five years. This requires the completion of a form to determine your amount of disposable income after taking into consideration deductions for things like food and clothing, taxes, and childcare costs.

This information only begins to scratch the surface of everything that goes into deciding between Chapter 7 and Chapter 13 bankruptcy. Due to the matter’s complexity, it is highly recommended to work with a skilled bankruptcy attorney throughout the process. For quality guidance and representation in the Burlington, NC area, contact Daniel L. Hawkins, PA.

The Difference Between Uncontested Divorce and Contested Divorce

Mon, 06 Jun 2022 15:39:09 GMT

There Are a Few Vital Differences Between Contested and Uncontested Divorce Proceedings.

In a contested divorce, both parties are unable to agree on terms such as the division of assets, child custody, child support, and more. Therefore, they must go through the entire divorce process, which includes going to trial, to make a final decision. An uncontested divorce is where both parties are able to come to an agreement on every term of the divorce.

Why Do You Need a Family Lawyer for Uncontested?

So if the two parties are in agreement, why get a family lawyer for an uncontested divorce? A divorce is a difficult experience for anyone, regardless of if it was contested or uncontested. By hiring a family lawyer, the terms, concerns, and needs of both parties can be addressed. In an uncontested divorce, one of the spouses produces a document with the terms they’d want their spouse to agree upon. A family lawyer will be able to assist in the creation of this document, and presentation of the document to their spouse.

Contact Our Certified Divorce Attorney Today

In difficult times like these, it is important to have someone experienced and knowledgeable on your side. Daniel L. Hawkins, PA works with their clients to reach an outcome that will satisfy both parties involved. If you’re in need of a family lawyer, contact our office for information on how we can further assist you. Please keep in mind that Daniel L. Hawkins, PA is not a full-service family law attorney and only handles uncontested divorces and simple separation agreements that do not involve going to court.