WILLS & ESTATE LAW

Both living trusts (estate planning) and wills can be used to plan for unforeseen circumstances such as incapacity or disability or death, by giving discretionary powers to the trustee or executor of the will.  Such legal documents and procedures insure that your wealth, property and other intentions are properly conveyed, protected and disbursed as you intended.   In Cleveland County, Gaston County, or Lincoln County, North Carolina, you can rely on trusted local law attorney, Colin McWhirter, PA to help you carefully structure and manage these important directives and arrangements on your behalf which will very likely affect your family, friends and charities for years to come.

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(704) 480-9666

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  • Effective​ Litigator
  • Pro-Active Advocate
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   Colin McWhirter, Public Attorney - Will and Trust Law Services

 

  • A will or testament is a legal document by which a person, the testator, expresses their wishes as to how their property is to be distributed at death, and names one or more persons, the executor, to manage the estate until its final distribution.  Property not disposed of by a will, may be distributed by inheritance or intestacy instead.

  • An owner placing property into trust turns over part of his or her bundle of rights to the trustee, separating the property's legal ownership and control from its equitable ownership and benefits. This may be done for tax reasons or to control the property and its benefits if the settlor is absent, incapacitated, or deceased. Testamentary trusts may be created in wills, defining how money and property will be handled for children or other beneficiaries.

  • Living trusts, as opposed to testamentary (will) trusts, avoid probate.  Avoiding probate may save costs and maintain privacy and living trusts have become very popular.  The probate courts may charge a fee based on a percentage net worth of the deceased time, and probate records are available to the public while distribution through a trust is private.