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What is a Last Will and Testament and Who Should Have One

Posted by attorney Sabrina Winters

What is a Will?

A Last Will and Testament is a legal document that allows you to control how and to whom your property passes at your death. It is pre-planning on your part to have your affairs in order so that your family does not bear the weight of making difficult decisions after your passing.

Who should have a Wil l?

In North Carolina you must be at least 18 years old to execute a Last Will and Testament. It does not matter if you do or do not have children, if you are married, divorced, widowed or single or if you have a large or small estate. If you already have a Last Will and Testament and circumstances in your life have changed, review it to be certain that it still expresses your wishes and desires. If you have moved from another state to North Carolina you should also have a new Last Will and Testament executed.

What property can pass through a Will?

For the most part, any property that is owned by you (even if jointly owned with another person under certain circumstances) at the time of your death can be provided for through your Last Will andTestament. You can plan for the disposition of your home, personal property, cars, debts and even gifts to loved ones and charities.

How does property pass through a Will?

You can leave a specific amount of money or specific property to an individual, a group or a charity that will pass automatically. You can even elect to create a Trust effective at your death for the benefit of your spouse or children.

Planning for Children?

If you have minor children, you can nominate a Guardian to care for them after your passing. A Trust can even be created so that the Guardian has funds available to care for


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