Are you looking for an estate planning lawyer in Asheville, NC?
At The McKinney Law Group Family & Divorce Lawyers, we are trusted estate planning lawyers serving clients across Asheville, NC and the surrounding area.
If you need a will, a trust, or a power of attorney, an Asheville, NC estate planning lawyer can prepare it for you. At The McKinney Law Group Family & Divorce Lawyers, we prepare estate plans for clients in Asheville and throughout Buncombe County, and our founder has nearly 20 years of legal experience. Schedule a consultation with us to discuss your family, your property, and the documents you need.
Estate Planning Lawyer Asheville, NC
An estate planning lawyer prepares the legal documents that say who receives your property after your death and who makes decisions for you if you become incapacitated. A will, a trust, and a power of attorney are the most common of these documents. An Asheville estate planning attorney also reviews how each asset is titled and who is named as its beneficiary. Those details determine whether the asset passes under your will or outside of it.
Residents age 65 and older make up 20.1% of Asheville’s population, according to U.S. Census Bureau data. Estate planning is not only for retirees. Parents of young children and newly married couples also have reasons for estate planning. A will allows parents to name a guardian, and it allows spouses to provide for each other.
Types of Estate Planning Cases We Handle in Asheville, NC
Most estate plans include several documents that work together. The documents you need depend on your family and what you own. Our estate planning attorneys handle the following matters for clients in Asheville and throughout Buncombe County.
- Wills. A will states who inherits your property and who serves as executor. If you die without a will, North Carolina law decides how your estate is divided. We draft wills that name a backup executor in case your first choice cannot serve.
- Revocable living trusts. Property held in a trust passes to your beneficiaries without going through probate. A trust also allows a successor trustee to manage that property if you become incapacitated. We prepare the trust and explain how to transfer assets into it.
- Durable powers of attorney. This document gives a person you choose the authority to handle your finances if you cannot do so yourself. Your agent can then pay bills and manage accounts on your behalf.
- Health care directives. A health care power of attorney names the person who makes medical decisions for you when you cannot make them yourself. A living will records your wishes about end-of-life treatment.
- Guardian nominations for minor children. Parents can nominate the person they want to raise their children if both parents die. We can advise you on choosing a guardian and include the nomination in your will.
- Pre and postnuptial agreements. A marital agreement can define which property stays separate and what a surviving spouse may claim from the estate. Clients entering a second marriage often sign a marital agreement and a new will at the same time to protect children from an earlier relationship.
- Business succession planning. Owners of closely held businesses need to decide who will take over management and ownership. We prepare a succession plan that is consistent with the owner’s will or trust.
- Estate plan updates after divorce. After a divorce, most clients want different beneficiaries and different decision-makers. We revise your estate plan after divorce so that a former spouse is no longer named as a beneficiary or decision-maker.
- Probate and estate administration. An executor must open the estate with the Clerk of Superior Court and account for its assets. We represent executors and family members during that process.
Why Choose The McKinney Law Group Family & Divorce Lawyers as my Estate Planning Lawyer in Asheville, NC?
Family Law Experience Applied to Estate Planning
Damien McKinney founded The McKinney Law Group Family & Divorce Lawyers and has practiced law since 2006. He is licensed in North Carolina and Florida, and he belongs to the Buncombe County Bar Association. He earned his law degree from Stetson University College of Law in 2005. Super Lawyers first recognized him as a Rising Star in 2012 and gave him its Distinction of Excellence in 2016.
Most of our practice involves divorce, custody, and marital agreements. We regularly see wills that are out of date because of a remarriage or a custody dispute. A family lawyer in Asheville, NC who also drafts wills and trusts can account for those events when preparing your estate plan. You can also work with the same attorney on your family law matter and your estate plan.
Estate Plans for Asheville Clients at Every Stage of Life
We prepare estate plans for clients at every stage of adult life. A parent naming a guardian for the first time has different needs than a retiree replacing documents signed decades ago. We prepare plans for both. Our office is in downtown Asheville, near the Buncombe County Courthouse. The rules for wills and powers of attorney differ from state to state. An Asheville, NC estate planning attorney prepares your documents under North Carolina law.
What Is Important To Understand About Estate Planning Cases?
Key Estate Planning Documents and What They Do
- Last will and testament. A will takes effect only at death. It must be probated before it transfers property.
- Revocable trust. You can change or cancel this trust during your lifetime. It becomes irrevocable when you die.
- Beneficiary designation. Retirement accounts and life insurance policies pay the person named on the account form, regardless of what the will says.
- Durable power of attorney. A durable power of attorney remains in effect if you lose capacity. It ends at your death.
- Advance directive. This document covers medical decisions, including the choice of a health care agent.
What Are Important Aspects of an Estate Planning Case?
A plan can fail even when the documents are well written. The following issues affect whether your plan works as intended.
- Proper signing. North Carolina sets signing and witness requirements for wills. A court can reject a will that does not meet them.
- Asset titling. Jointly owned property with survivorship rights passes to the surviving owner outside the will.
- Choice of fiduciaries. The executor, trustee, and agents you name should be willing and able to serve. You should also name alternates in case one of them cannot serve.
- Regular review. Review your documents after a marriage, a divorce, or the birth of a child. A move to another state is also a reason for a review.
What Is The Estate Planning Case Timeline?
Most estate plans follow the same steps. The time required depends on how quickly you gather your records and how complex your assets are.
- Consultation. We discuss your family, your assets, and your goals.
- Information gathering. You provide account statements, deeds, and any existing documents.
- Drafting. We prepare the will, trust, and other documents you have chosen.
- Review. You read the drafts and request changes.
- Signing and follow-up. You sign before witnesses and a notary. Afterward, you update beneficiary forms and retitle any assets going into a trust.
What Should You Bring to Your Estate Planning Consultation?
Bringing a few records to the first meeting allows an estate planning attorney to give you specific advice. An estate planning checklist can help you gather them.
- A list of your assets with approximate values, including real estate and business interests
- Recent statements for retirement accounts and life insurance policies that show the current beneficiaries
- Any existing will, trust, or power of attorney
- The names of the people you are considering as executor, guardian, or agent
- A divorce judgment or marital agreement, if you have one
During the consultation, we ask about your family and your goals. We then explain which documents you need and tell you if a simpler plan is enough.
Buncombe County Probate Court and Local Resources
North Carolina does not have a separate probate court. The Clerk of Superior Court in each county acts as the probate judge, so Buncombe County estates are handled at the courthouse in downtown Asheville. An Asheville estate planning lawyer works with the following offices and resources.
- The Buncombe County Estates Division is part of the Clerk of Superior Court’s office. It probates wills, appoints personal representatives, and oversees guardianships.
- The North Carolina Judicial Branch publishes plain-language explanations of probate, intestacy, and small estate procedures.
- The Buncombe County Register of Deeds records deeds and issues certified death certificates, which executors need during estate administration.
- The North Carolina Secretary of State maintains an advance directive registry where you can file a health care power of attorney or living will.
Reach Out to The McKinney Law Group Family & Divorce Lawyers to Schedule a Consultation
A consultation with an estate planning attorney in Asheville, NC is the first step toward a will or trust that reflects your wishes. During the consultation, we review your family situation and explain which documents you need. We also tell you what the next steps are. Contact us to schedule your estate planning consultation with The McKinney Law Group Family & Divorce Lawyers.