A valid will in North Carolina must meet state requirements of execution and should clearly outline how you want your assets distributed. There are many specific requirements in order for a court to probate a will after your death.  Working with an experienced attorney will help ensure no hiccups and unintended consequences.

If someone dies without a will, North Carolina’s intestacy laws determine how their property is distributed—often in ways that may not reflect their wishes. Estate administration can also become more complicated and costly for family members. 

Magnolia Legal assists families with both creating wills in advance and navigating estates whether a will exists or not.

Most adults should have a will, a durable power of attorney, and a health care power of attorney. These documents empower you to choose who will make important decisions when you cannot do it for yourself and simplify the process for your loved ones. 

Many people wonder if they need a trust.  The answer to this question varies based on your family’s specific goals and priorities.   Your best option is to consult a trusted estate planning attorney to determine if it's right for you.

If you are unable to manage your own affairs, financial and even day-to-day decisions, someone will have to petition the court for a guardianship to have the legal authority to make those decisions for you. In North Carolina, this process is public, time-consuming, and often avoidable with proper planning and documents.

In most cases, yes. However, surviving spouses and children under the age of 18 have special rights under North Carolina law, including the ability to claim a portion of the estate.

North Carolina does not require a lawyer to create a will, but working with an attorney can help prevent errors, unclear language, 

or disputes later on. 

We are aware that there are many online resources, including AI-generated forms, that claim to help people make their own wills.  We understand the draw to these options, but in our experience these forms often miss important legal information and steps.  This can result in an unenforceable or invalid will.

Magnolia Legal helps clients create wills that are clear, enforceable, and designed to protect their loved ones.

A durable power of attorney allows you to appoint someone you trust to make financial or legal decisions on your behalf. North Carolina law has specific requirements for these documents. Magnolia Legal prepares durable powers of attorney that ensure your affairs are handled smoothly if the unexpected occurs.

Similarly, a healthcare power of attorney allows you to appoint someone you trust to make healthcare decisions on your behalf when you are unable to do so. 

At Magnolia Legal, our healthcare power of attorney also includes language that is commonly called “the advance directive” or “living will.” These provisions memorialize your end-of-life care wishes.

Magnolia Legal is well equipped to talk you through these very personal decisions to ensure your wishes are honored.