Estate Planning: Wills & Powers of Attorney — Harnett & Wake County

A will and a power of attorney do different jobs, and most people need both. A will says what happens after death: who receives property, and who raises minor children. A power of attorney names someone to act while you are alive if you cannot manage money or make a decision yourself. The Law Offices of Wunsch and Cruz prepares both documents for clients in Harnett County, Wake County and the surrounding communities.

Our estate planning work is limited to wills and powers of attorney. We do not prepare trusts, administer probate estates, handle estate litigation, or advise on tax planning. If your situation involves a trust, a contested estate or an estate that must be opened with the clerk, tell us at the outset so we can confirm whether the matter is one we handle and, if not, point you elsewhere.

What a will does

A will directs who receives your property, names an executor to handle the estate, and can name a guardian for children who are minors. It only controls property that passes through your estate: accounts and policies with a named beneficiary, jointly owned property with rights of survivorship, and assets held in a trust generally pass outside it regardless of what the will says.

If someone dies without a valid will, North Carolina’s intestate succession statute decides who inherits. That default may not match what the person wanted, particularly where there are children from different relationships, a second marriage, or property that one person brought into the marriage.

Requirements for a valid will in North Carolina

Under G.S. 31-3, a will must be signed by the person making it, or by someone in that person’s presence and at that person’s direction. It must be attested by at least two competent witnesses who are present at the same time and who sign in the presence of the person making the will. Witnesses should not be people who inherit under the will.

A self-proving affidavit under G.S. 31-18.1 can be signed at the same time by the person making the will and the witnesses before a notary. It is not required for the will to be valid, but it can simplify the probate process later because it avoids the need to locate witnesses to testify about the signing.

A will should be reviewed when circumstances change: a marriage, a divorce, the birth of a child, a death in the family, a significant change in assets, or a move involving property in another state. A later will or a written revocation can replace an earlier one, but the formalities still apply.

Naming a guardian for minor children

For parents of young children, naming a guardian is often the most important part of the document. It lets the parents choose the person rather than leaving the decision to a court. Discuss the choice with the person being named before signing, and think through practical arrangements as well as the legal appointment: where the children would live, how they would stay in school, and who would manage money held for them.

A guardian nomination in a will does not override the court’s authority over custody, but it is the clearest statement of the parents’ wishes and is given serious weight.

Powers of attorney

A financial power of attorney names an agent to handle money and property matters if you cannot, including paying bills, managing accounts and dealing with real estate. North Carolina’s Uniform Power of Attorney Act, Chapter 32C, sets out how these documents work, the agent’s duties and the limits on what an agent may do.

Points that matter when signing one:

• Under Chapter 32C, a power of attorney must be signed by the person granting it, and the signature must be acknowledged before a notary.
• A power of attorney is durable by default under the current statute, meaning it continues if you later become incapacitated, unless the document says otherwise.
• The document can be written to take effect immediately or only when a stated event occurs, such as a physician’s determination that you cannot manage your affairs.
• You choose the scope. A broad power lets an agent handle most financial matters; a limited power can cover one transaction or one account.
• An agent owes fiduciary duties and must keep records. Naming someone is a decision about trust and capacity, not only convenience.

A financial power of attorney does not authorise health care decisions. A separate health care power of attorney under Chapter 32A names someone to make medical decisions if you cannot. Many clients prepare both, plus a living will expressing wishes about end-of-life treatment, so the whole picture is covered rather than one piece of it.

Documents worth gathering

• A list of assets and debts: real estate, accounts, retirement plans, vehicles, business interests.
• Names and contact details for the people you are considering as executor, guardian, agent or health care power of attorney.
• Details of children, including ages and any special needs.
• Any existing will, power of attorney or health care document, even if you intend to replace it.
• Details of any property outside North Carolina, since that can raise additional questions.

Bring what you have. Missing records can be identified in the first meeting rather than delaying the conversation.

Questions to raise before signing

Who should serve as executor, and is that person able to take on the work? Who should be named guardian, and does that person agree? Should the power of attorney start immediately or only on incapacity? Who should make health care decisions, and has that person been asked? What does the proposed fee cover: the initial documents only, or later updates when circumstances change?

Documents are only useful if the people named can find them and know what to do. Tell the executor and agent where the originals are kept, and review the arrangements every few years or after any major life change.

Talk with the firm

To discuss a will, a financial power of attorney or a health care power of attorney in Harnett or Wake County, contact the firm or call our Lillington office at (910) 814-8777. For Fuquay-Varina appointments, contact the Fuquay-Varina office. Our family law and civil law pages cover related matters, and the consultation guide explains how to prepare for a first meeting.