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Making a will in North Carolina: Should I hire an attorney or use an online form?

May 3, 2019 By wrlaw

If you’ve thought about making a will, you’ve probably considered using an online will form. Your friends and family may offer lots of advice and opinions about whether you should hire an attorney or use an online form. It can be hard to sort out the truth. Should you hire an attorney or use an online form to make your North Carolina will? Here’s what you need to know:

Should I hire an attorney or use an online form to make a North Carolina will?

Whether you should hire an attorney or use an online form to make your North Carolina will depends on your unique circumstances. Most online will forms are simple forms for simple situations. If there are any unique circumstances present in your case, an online will form is likely not enough to meet your needs and give you the confidence to know that your last wishes are properly represented in your documents.

Part of the problem with using an online will form is that you don’t know what you don’t know. You may think that you have a simple case, but there may be issues that complicate your case that you’re unaware of. Your best plan is to discuss your needs with an estate planning attorney.

You should work with an attorney for any kind of special situation

A simple will form is just that – a simple will form. It covers only basic situations where the person creating the will has few assets and has a simple plan for disbursing those assets. Here are just some of the situations that may make a will more complex:

  • Divorce or second marriage
  • Multiple children
  • Sizeable estate (high net worth)
  • Special needs children
  • Items of sentimental value
  • Disinheriting a spouse or a child
  • Children younger than the age of majority

An attorney helps you understand how to create the best possible will for your particular situation. They help you determine how North Carolina law applies to your case and what you need to do in order to put your wishes into effect. When you work with an attorney, they can ask the right follow up questions in order to customize a will that suits your needs. Many family relationships today are complex. You and your family deserve a will that best represents your interests under North Carolina law.

Working with an attorney can help you avoid a will contest

Another reason to work with an experienced North Carolina wills attorney is to ensure that you take all of the steps necessary to make your will valid and enforceable. Each state has its own laws for making a valid will. There are things that you need to do in order to ensure that your will holds up in court especially if you’re deviating from the default rules for inheritance. When you have the help of a seasoned wills attorney, they help you through the entire process until you have a complete and valid will.

It’s not enough just to make a will. You need to make a will that can withstand a will contest in a North Carolina court. An experienced attorney gives you the assurance that you’ve taken the right steps in order to create a valid will that puts your wishes into effect.

Working with an attorney helps you take the complexity of laws into account

There are laws from many different places that can impact a person’s last wishes. Probate laws, gift taxes, inheritance taxes and more can all impact the best possible will for an individual. Laws comes from both state and federal sources. When you work with an attorney, you’re working with a trained and experienced professional who knows the different state and federal laws that may impact an estate plan. When you use an online form, you don’t have the personal help of a professional who knows what laws may impact the best decisions in your case.

Isn’t it a lot more expensive to use an attorney instead of a will form?

Online will forms often advertise a flat rate to complete a simple will. At first glance, it might seem like it costs a lot more to make a will with an estate planning lawyer. However, if what you need is a basic will, you may be surprised to learn that the cost to use an attorney is actually comparable.

For many people, a simple will is insufficient to meet their estate planning needs. A case with more than minimal complexity needs a will that’s personalized to their situation. In nearly all will preparation, you should also address things like last wishes, HIPPA authorizations and powers of attorney. These things may be even more important than the will itself. While these things may add to the cost, they’re also a critical part of an estate planning package.

In other words, don’t be fooled by the sticker price. Even though hiring an attorney may seem more expensive, it’s important to inquire as to what you’re paying for. You may be surprised to learn just how affordable will preparation with an experienced attorney can be.

Finding the right North Carolina wills attorney

All attorneys are not created equally. When you hire an attorney to create your will, it’s important to work with an attorney that specializes in wills and estate planning. With Wilson Ratledge, you have a team with the training, experience and technology to create a personalized will that thoroughly takes the law and your personal situation into account.

Even if you have a criminal attorney or patent lawyer, they may not be the right person to help you create a will. When an attorney specializes in will preparation, they know what kinds of things to pay attention to in order to create a will that’s effective and best tailored for your personal situation. Ultimately, we can provide you an affordable will and estate plan that meets your needs and fully and thoroughly accounts for North Carolina law in your specific situation.

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