Why Every Cary Resident Needs a Will (Regardless of Age or Asset Value)
Many people believe that a will is only necessary for the elderly or those with significant assets. However, a will is a fundamental legal document that benefits individuals of all ages and financial situations. Whether you own a home, have children, or simply want to ensure your belongings go to the right people, having a legally valid will is essential.
What Happens If You Die Without a Will in North Carolina?
If you pass away without a will in North Carolina, state law dictates how your assets are distributed through intestate succession. This means that the courts, not your personal preferences, determine who receives your property.
For example, if you are married without children, your spouse does not automatically inherit everything. Instead, under North Carolina law:
Your spouse receives the first $100,000 of personal property and half of the remaining estate, including real estate.
Your parents inherit the other half of your remaining estate.
If you have children, your spouse and children split the estate, which may not align with your intentions. The courts also decide on guardianship arrangements for minor children, which could result in someone raising your children who may not be your preferred choice.
By creating a will, you retain control over how your assets are distributed and who takes care of your dependents.
Appointing Guardianship for Minor Children
If you have minor children, a will allows you to name a guardian who will take care of them if you pass away unexpectedly. Without a legal guardian designation, the courts will make this decision for you, which could lead to outcomes that don’t align with your wishes.
By specifying a trusted guardian in your will, you ensure that your children are raised by someone you choose and trust, providing them with stability during a difficult time.
Protecting Your Assets and Reducing Family Disputes
A properly drafted will helps prevent disputes among family members by clearly outlining your wishes. Without one, disagreements over inheritance and asset distribution can lead to legal battles that drain resources and cause emotional strain among loved ones.
A will allows you to:
Specify who inherits what and avoid unintended distributions.
Minimize the risk of legal challenges to your estate.
Provide clear instructions to avoid confusion or disputes.
Additionally, a will can outline specific charitable donations, business succession plans, or special provisions for individuals with disabilities or unique needs.
Peace of Mind for You and Your Family
Having a legally valid will in place provides peace of mind, knowing that your affairs are in order. You’ll be confident that your loved ones are protected, and they won’t have to deal with unnecessary legal complications during a difficult time.
Common Misconceptions About Wills
"I’m too young to need a will."
Accidents and unexpected health issues can happen at any age. It’s best to plan ahead.
"I don’t have enough assets to justify making a will."
Even small assets—like a car, personal belongings, or savings—should be distributed according to your wishes.
"Wills are expensive and complicated."
With the help of an experienced estate planning attorney, drafting a will is straightforward and affordable.
How to Get Started with Your Will
Creating a will doesn’t have to be overwhelming. An experienced estate planning attorney can help you navigate the legal process and ensure your document is legally sound and up to date.
At Jonathan Richardson Law, we help Cary residents create legally valid wills that reflect their wishes and protect their families.
Protect Your Family’s Future Today
Don’t leave important decisions to chance. Schedule your estate planning consultation with our experienced Cary attorneys today.
Legal Disclaimer:
This blog post is for informational purposes only and does not constitute legal advice. Consult an attorney for specific guidance regarding your estate planning needs.
