ATTORNEY AT LAW
107 North 2nd Street Suite C Wilmington, NC 28401
Fax: 910 769 3118
Real Estate Group: 910 763 1683
910 769 2896
Wills, Trusts & Powers of Attorney
An integral part of the practice at Paul Newton Law has always included advice concerning the preparation of Wills and Trusts. We have had clients from all over the country who needed to re-think and revise their estate planning.
Any couple with children should have a Will, because in North Carolina if one of the couple passes away without a Will, the laws of Intestate Succession provide that the surviving spouse receives either one-half or one-third of the estate, and their children get the rest.
Powers of Attorney are often essential in allowing a spouse or other trusted family member or friend to handle all the myriad personal and business affairs when one is unable to do so themselves. We suggest that an alternate also be appointed in the event the primary attorney in fact is unable to act. Most often the Powers of Attorney we draw are “Durable,” meaning they are still effective even after the maker becomes incompetent or incapacitated. In some instances, Powers of Attorney that are only effective for a specific purpose are called for.
Generally, at Paul Newton Law we prompt this discussion while considering a Will or Trust. If we prepare your Power of Attorney at the same time we prepare your Will or Trust, we charge a slightly lower fee.
The Power of Attorney we draft for you will be a format suitable for recording, as often recording is preferred or required by a bank or other entity.
A Living Will is the "nickname" for a Declaration of a Desire for a Natural Death. This is a document allowed under North Carolina law that allows a person to direct their physician to discontinue prolonging their life once their condition is terminal, incurable, and they would pass away immediately without extraordinary measures.
The format we use is approved by the North Carolina statute that authorizes Living Wills.
Generally, at Paul Newton Law we prompt this discussion while considering a Will or Trust and Power of Attorney. If we prepare your Living Will at the same time we prepare your Will or Trust and Power of Attorney, we charge a slightly lower fee.