Monthly Archives: July 2015

Hiring a Sanford NC Trusts Attorney for a Living Trust

A living trust is a trust that is created to avoid probate and is used to safeguard financial privacy in case the owner dies or is hurt and unable to take care of things themselves in some way.  Hiring a Sanford Trusts and Estates attorney is recommended when it comes to drafting a living trust.  There has been debate for years over whether a Sanford NC Trusts attorney is actually needed to write up this type of trust.

The Parts of a Living Trust

You don’t need much when you are writing up a living trust.

  • The name of the person creating the trust, which would be you
  • The name of the person who is controlling the trust, which once again would be you
  • The name of the person that will take over the trust, if something should happen to you
  • Names of the people who will benefit from the trust and who will take care of the trust for young children

All of this is relatively easy to do and only requires a simple template.  However, if you feel that you will have issues with the estate planning or relatives that may give you a problem, it is best to hire a reputable trusts attorney to handle the situation.

Often there are issues in estate planning that aren’t covered by a basic living trust.  In these cases, you will want to hire a lawyer to advice you on the estate and the living trust as well.

These are just a few of the reasons that you might need to hire a lawyer to help work out your living trust.  It is possible to do it yourself; however, sometimes it is better to have legal counsel instead.

What Kind of Role Does a Probate Attorney in Lee County NC Play?

When searching for a probate attorney in Lee County NC, it is important to know just what type of roll he will play in helping to settle a final estate.  A probate attorney in Lee County NC is responsible for guiding a Personal Representative and the beneficiaries of an estate through the settlement of the estate itself.

A probate lawyer assists and advises the Personal Representative of the estate in the following ways:

  • He helps to locate and secure both non probate and probate assets
  • Gets together all date of death and property values
  • Prepares and files all documentation to the courts before looming deadlines
  • Collect the proceeds from the life insurance policies
  • Roll over retirement plans and make adjustments
  • Advise the family on paying of outstanding bills of the deceased
  • Helps to keep track of the checking account associated with the estate
  • Determines if any state or federal taxes will be due form the inheritance

Your basic working relationship with a probate attorney can go one of two ways.  You can give the attorney full representation, which means he will be handling everything.  All you will have to do is sign on the dotted line and consult when needed.

The second way you can handle probate is to take on the responsibility yourself with the lawyer consulting with you when and if you need his council.  It is important however; that you talk to the lawyer you retain to determine who is responsible for what in the probate process.

Whichever option you choose, make sure that the probate lawyer you retain is from a reputable firm and willing to help not hinder probate.

Is a Lee County NC Real Estate Attorney Necessary for a Home Purchase?

Although using the services of a Lee County NC real estate attorney is apt to add thousands of dollars to the cost of your home, it is in reality money that is well spent in the end.  In most states, it is not required by law to have a Lee County NC real estate attorney, though you will want to check the laws of the area you are moving to.  Having a real estate attorney can help you avoid frustration in the future.

 

Real estate transactions have become so standardized in the modern world that everyone uses pretty much the same contract.  Where you can run into trouble at is when legal issues arise that your real estate agent can’t even begin to answer.  Although most real estate agents know a lot about contracts, they can’t make any type of judgments on legal questions.

For example, what if your new home has an illegal in-law unit, with a person already living in it?  If you want to evict that tenant, then you will need an attorney to tell you if your plan is feasible and legal.

Another example is if you want to rent the home you are buying, before you make a decision.  This can only be done by drawing up another contract and you will need a lawyer’s advice to carry out your plan.

It is also possible that you won’t understand portions of your contract to purchase your home.  In this case, it is a good idea to have a real estate attorney look over the contract and make sure the whole thing is legitimate.

These are just a few reasons that you might want to hire an attorney when you are buying a home.

Choosing the Right Lee County NC Family Attorney for Your Divorce

It can be difficult to know where to turn, when you are suddenly faced with divorce proceedings.  Your first step should be to hire a Lee County NC family law attorney to represent your needs in court.  The biggest problem that many spouses face however, is finding the right Lee County NC family law attorney to take care of the divorce proceedings for them.  With that being said, read on below for some tips to help you choose the right attorney for you.

Do Your Research

The first thing you will need to do is research.  Don’t hire the first attorney you come across.  Every attorney charges different fees and not all family attorneys are the same.  Hiring a lawyer that specializes in family law and divorce is very important.  You never want an attorney that doesn’t know his field.  For example, you wouldn’t hire a plumber to wire the electricity in your new home, so you don’t need to hire a real estate lawyer to represent you in divorce court.

Schedule a Consultation in Person

Never hire a family lawyer just by talking to them over the phone.  Make an appointment for a consultation and make your decision based on that meeting.  It is important for a client and their attorney to have trust between them.  Always be upfront, open with your attorney, and expect the same from them as well.  If you feel uncomfortable at any point during the consultation, excuse yourself and move onto the next attorney on your list.

Hiring a reputable family attorney to represent you during a divorce isn’t easy, but it is possible to find the right one to suit your needs.