September 19, 2016
by Raleigh Lawyer
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Can a Will Be Contested?

Are you currently estate planning and have a few concerns about what might happen to your will and estate plan, once you’ve passed? Those that have a sound, valid will shouldn’t have issues, but in the event that there is a spouse or family member that is upset about the final reading of a will there are several reasons why it could be validly challenged. A will that is deemed invalid or the act of trying to deem it invalid is called contested. If the grounds are found acceptable by the courts, a whole will or parts of it can be voided. Working with a wills lawyer in Cary NC can help in this situation.

Can My Will Be Contested? | Wills Lawyer Cary NC

A will is seen as the last voice of the deceased so the courts are usually strict in following them. However, around one percent of wills that go through the probate process are contested, and it is rare that they are voided entirely.

In order to challenge the will, the person contesting it must prove the testator, or person who created the will, did not understand the consequences of what was outlined. It can include not realizing the extent and value of the property and who should be provided for in accordance to the will.

There are several ways a will can be contested. To learn more about it, be sure to visit back with us soon. Our wills lawyer in Cary NC will discuss how to contest a will in our next blog post. If you have questions about your own estate plan or have yet to begin creating one, contact us. We are here to help.

Wills Lawyer in Cary NC

Remember, if you don’t have an estate plan in place or haven’t reviewed yours in several years, now might be the best time to start. Our wills lawyer in Cary NC is here to help you get your estate planning in order and ready should you pass in an untimely manner or become incapacitated at some point. It’s better to be safe than sorry when it comes to an estate plan. Contact our office.

As always, feel free to contact us at our office to schedule a consultation with if you are looking for a lawyer to represent you in other legal matters. We are here to assist you with small business needs, trademarking, copyrighting and  DWI issues.

September 17, 2016
by Raleigh Lawyer
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Does an Executor Need to Hire a Lawyer? continued

Welcome back. We are here to talk more about whether or not an executor should hire a lawyer. If the family is not contesting the will or threatening a lawsuit over the will, the process might be simple. If the deceased’s estate is worth enough to pay its debt, this can also make the process easy. Our estate lawyer in Cary NC is here to talk more about why you might need to hire a lawyer as an executor. 

Do I Need an Estate Lawyer in Cary NC?

However, it is not always a simple procedure, and some people may not know enough about the process, probate and local laws to handle it properly. In those cases, consulting a lawyer can ensure that the process is done correctly and that the heirs receive what they are supposed to from the estate. Some people may simply not want to put the time and effort required in order to wrap up the deceased’s affairs, so he or she may want a lawyer to handle it.

If the estate contains a business, a house or bank accounts that require special handling, it can become difficult to manage while going through the process. If the business or other property needs to be appraised and sold, it can be helpful to have input from an attorney on how to best handle the situation. If there is not enough money in the estate to pay the debts and taxes, the executor will need to figure out which ones to pay and which ones will not need to be paid according to local law.

As mentioned before, any kind of familial dispute will require assistance from a lawyer. If someone contesting the will is working with their own lawyer, it can be helpful to have someone to speak on behalf of the executor, especially if the family members do not want to see each other. In some cases, disputes may be resolved without going to court.

If an executor chooses to consult an estate lawyer in Cary NC when handling an estate, he or she is still responsible for making the final decisions, but may find peace of mind knowing that those decisions are backed by legal advice from a lawyer experienced with estate planning.

Having someone you trust with your estate and the distribution of your assets is important in making sure that your inheritors obtain what you want them to receive. The person can be named as part of the estate planning process, which includes writing a will. Another aspect of estate planning is determining who will speak on your behalf should you become unable to do so because of illness or other incompetency. You can include a power of attorney document that will name someone to represent you.

Klish and Eldreth | Estate Lawyer in Cary NC

If you need help planning your estate, call us today. We can answer questions you may have about estate planning, wills, power of attorney, and more. Do not leave your family without a plan outlining your wishes. Our offices are conveniently located in Cary, NC. We also handle elder law, small business law, trademarking, copyrighting, and DWI issues.

September 15, 2016
by Raleigh Lawyer
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Does an Executor Need to Hire a Lawyer?

An executor is the person named in the will or by the courts to wrap up the deceased’s financial affairs, such as bills, taxes, and property. If the courts require a probate proceeding then the executor must handle it as well. Our estate lawyer in Raleigh is here to talk more about this situation.

Hiring a Lawyer as an Executor | Estate Lawyer Raleigh

In some cases, the process can be straightforward and no attorney is needed, but if the estate is large or the person named executor feels unqualified to take on the duties, he or she can opt to consult a lawyer who has experience in estate planning and probate law. An estate lawyer in Raleigh will know about the state laws and how local probate law works and will be able to advise the executor.

First, let’s look at what an executor will have to do. Knowing specific details can be helpful in determining if the person named can take on the responsibilities. He or she will need to find the deceased’s assets and manage them until they have been dispersed to the heirs. The executor will need to determine if the estate has to go through probate, which is the process of proving the will is valid and making sure the assets are inventoried, appraised and dispersed after debts and taxes have been paid.

There are situations where a lawyer may not be needed, especially if probate is not necessary and the estate is fairly small and does not include a business. If the family is not contesting the will or threatening a lawsuit over the will, then it can make the process simple. If the deceased’s estate is worth enough to pay its debt, this can also make the process easy.

However, it is not always a simple procedure, and some people may not know enough about the process, probate and local laws to handle it properly. To learn more about these situations, visit back with our next blog post. 

Klish and Eldreth | Estate Lawyer in Raleigh

Remember, if you don’t have an estate plan in place or haven’t reviewed yours in several years, now might be the best time to start. Our estate lawyer in Raleigh is here to help you get your estate planning in order and ready should you pass in an untimely manner or become incapacitated at some point. It’s better to be safe than sorry when it comes to an estate plan. Contact our office.

As always, feel free to contact us at our office to schedule a consultation with if you are looking for a lawyer to represent you in other legal matters. We are here to assist you with small business needs, trademarking, copyrighting and  DWI issues.

September 13, 2016
by Raleigh Lawyer
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Difference in Child Custody and Guardianship , continued

Child Custody Vs. Guardianship of a Child | Attorney in Raleigh NC

Below, we will talk a little about child custody. Remember, in our previous blog post, we discussed guardianship of a child.

A guardianship is established by the court when someone petitions to take over the care of a child or an adult without the mental capacity to care for him or herself. The person under the care of the guardian is called the ward.

Child Custody | Attorney in Raleigh NC

Only a parent can have custody of a child, where a legal guardian does not have to be his or her parent. Child custody can be physical or legal. For instance, a non-custodial parent can have physical custody of a child during weekends but is not able to make legal decisions for the child. A parent can grant guardianship to another person but a court is the only one who can grant legal custody, although the wishes of the parents can be considered in both cases.

Shared child custody is when both parents are able to provide for and see the child. It is also called joint custody. In many cases where both parents are willing and able to care for their child, joint custody is established so that both can be involved in the child’s life.

A person other than a parent cannot petition for custody of a child in the way that one can ask to become guardian. Only a parent can be granted (or refused) custody of a child. However, custody can be modified if changes occur in the parent’s status. A guardianship is sometimes considered more durable because it only ends when the child becomes a legal adult or the person given guardianship dies.

We understand how confusing these two can be. While a bit similar, there are major differences. Contact our attorney in Raleigh NC to help you better understand the two. We can offer help in your time of need.

Klish and Eldreth | Attorney in Raleigh NC

We hope this information inspires you to start estate planning now, if you haven’t already. Contact our lawyer in Raleigh NC, today to begin.

Klish and Eldreth can offer you an attorney in Raleigh NC to help with all your legal needs. From estate planning to small business law and more, we can help. Just contact us to set up an appointment to talk with us.

September 11, 2016
by Raleigh Lawyer
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Difference in Child Custody and Guardianship  

 

When a child’s parents are not able to take care of them, someone is appointed to care for them until they are of legal age. It can be a grandparent, family member, or other person found by the court. The person appointed can be given a guardianship or they can get custody of the child. There are several differences in each type of appointment. Let’s take a look at them. 

Laws vary from state to state, but every state has the option of a guardianship or child custody of a minor. Parents have legal custody over a child unless he or she gives up that right. A guardian or child custody can be appointed by the court, but a parent may still have some rights over the child.

Guardianship Of a Child | Estate Planning in Cary NC

A guardianship is established by the court when someone petitions to take over the care of a child or an adult without the mental capacity to care for him or herself. The person under the care of the guardian is called the ward. In the case of children, someone may petition to be the guardian so that he or she can make decisions for the child that he or she would not otherwise be able to do legally. These decisions include enrolling the child in school as well as making medical and financial decisions for him or her.

There are different types of guardianships, including temporary and emergency guardianships. Both of these types generally only last for a certain period of time. A legal guardianship that is planned to extend until the child is 18 years old is similar to an adoption because the guardian can make all legal decisions for the child. However, it still exists with the relationship that the parents have with the child.

If you want to become the guardian for a child, you will have to petition the court. They will then review your case, interview you and the child to ensure you are a good fit and will be a responsible guardian. The court seeks to do what is in the best interest of the child.

To learn more about guardianship of a child and how it differs from child custody, be sure to contact us, today.

Klish and Eldreth, PLLC | Estate Planning in Cary NC

Estate planning in Cary NC is important. It’s a way to ensure your loved ones are cared for after you’ve passed. It’s also a way to distribute your belongings to specific loved ones as well. It’s important that one not pass without this document. Doing so can result in a court case that will leave your loved ones stuck in probate court. This could be not only time consuming but expensive as well.

For more information on basic estate planning from our lawyer, be sure to visit back with us, soon! If you have questions about the information you’ve received here, contact us. We are here to help.