Everyone should have a will or trust document that indicates how they would like their property to be distributed upon their death. Without a properly executed will in North Carolina, your spouse or children take under the intestate succession statute, which may not be in line with your wishes. In addition, a will or trust can include many other provisions …
Power of Attorney
In North Carolina, a power of attorney designates an agent of your choice to act on your behalf and make decisions regarding your financial and healthcare matters. In general, these documents are used if you become incapacitated or choose to no longer make such decisions. While a durable or general power of attorney and a health care power of attorney …
Estate Planning
Estate Planning is the process of making arrangements for yourself and your family should you become incapacitated or when you die. For many people this can be a difficult discussion, but one that is extremely important and needs to be addressed. An estate plan should cover not only what happens upon death, but also make provisions for you and your …
Living Will
A declaration of desire for a natural death or living will makes clear that a person does not want extraordinary measures taken to prolong their life if death becomes imminent. While it is an optional document in an estate plan, many people include this document since it allows one to make their desires clear and takes the often difficult decision …
Separation Agreements
Marital settlement agreements or separation agreements are documents signed by parties who plan to divorce but do not want a court to resolve their issues. Sometimes they are negotiated and agreed upon prior to filing of a divorce action, and sometimes they are developed while a case is pending in court. They are most often reached through negotiation or mediation, …
Property Division
The division of property and debt in North Carolina is based upon the North Carolina laws of equitable distribution. The North Carolina statutes provide that property and debt incurred during the marriage must be divided fairly between each of the parties. While this does not automatically mean that property and debt will be divided equally, the law does provide that equal division is …
Prenuptial Agreements
Prenuptial Agreements provide: Full disclosure of both parties’ assets and property rights before entering marriage Formulated objectives for the parties’ finances during marriage Designated separate assets that cannot be distributed as marital property Clearly established property rights for the parties’ current and future assets Defined responsibilities for the parties’ current and future debts Provisions for children of either party from …
Postnuptial Agreements
Unlike prenuptial agreements, postnuptial agreements concern the rights of parties who are already married. Postnuptial agreements permit marital property to be divided during marriage. Postnuptial agreements allow parties to contractually assign their rights and responsibilities in the event of a future separation or divorce. Postnuptial agreements are also used by parties who have separated and now wish to reconcile. The …
Name Change
Name Change During Marriage You will need a certified copy of your marriage certificate to get your name changed after you are married. After ten (10) days of marriage, you can obtain a certified copy of the marriage certificate from the Registrar of Deeds in your county of residence. You will show proof of your marriage using the certified copy …
Modification of Orders
How do you get a court ordered changed? The most common modifications we see people seek are: A recalculation of the amount child support being paid: When one parent’s income changes substantially, the amount of child support may need to change. When children start or stop going to daycare full time or when health insurance costs change, a parent may …
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