Every state has its own estate planning laws in place regarding such documents as wills, living wills, health care powers of attorney, and powers of attorney. Being abreast of your state’s laws is imperative if you want peace of mind that your documents will be honored and your wishes carried out. Working with an estate planning attorney is advisable for creating these documents and making changes if conditions have changed. It can also be important to understand how your state’s laws vary from other states. It can be wise to meet with an attorney if you relocate to see if the documents created in another state need to be revised in any way.
North Carolina has fairly straightforward estate planning laws, but there are some differences compared to other states. For example, in this state, a holographic will (handwritten) is allowed. If you were to move to a different state that didn’t allow it, you would need to have the document prepared over again. There are some rules regarding holographic wills that must be followed. Another interesting thing about this state’s estate planning laws is that oral wills are also allowed, provided they are made in imminent peril of death and before two competent witnesses requested by the person and simultaneously present.
While oral and holographic wills are allowed in North Carolina, they are not ideal and could face more scrutiny, so they are not recommended other than to address a limited amount of property. They may be better than nothing, but the better option is to call us at Tarantino Law, PLLC to have your estate planning documents prepared with legal counsel involved to ensure that your wishes will be honored. In addition to your will, we can handle other documents, including your living will, power of attorney, and health care power of attorney. Call today to schedule an appointment.