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sun’s harmful rays.
Estate Planning
Restoration of Gun Rights for Felons in Tennessee
If you’ve been convicted of a felony in Tennessee, you may lose certain rights, such as the right to possess firearms. According to T.C.A. § 39-17-1307,
Understanding Partition Law in Tennessee
Property disputes can commonly arise between owners of neighboring properties. However, in some instances, property disputes can arise between owners of the same piece of property.
Preparing a Will in Tennessee
Under Tennessee law, any person of sound mind, who is at least eighteen years of age, may make a will. A will must be interpreted to apply to the real and personal property it includes
Holographic Wills in Tennessee
Holographic Wills in GeneralA holographic will, also referred to sometimes as a handwritten or olographic will, is a type of last will and testament that is entirely handwritten and signed by the person making the will, known as the testator.
Holographic Wills in Tennessee: Key Facts You Should Know
Holographic Wills in General A holographic will, also referred to sometimes as a handwritten or holographic will, is a type of last will that is entirely handwritten and signed by the person making the will, known as the testator. Holographic…
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Surviving Spouse’s Elective Share in Tennessee
Under Tennessee law, a surviving spouse has a right to elect to receive a portion of their deceased spouse’s estate instead of what is left in the will. This elective share is available even if there is no will, or…
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Preparing a Will in Tennessee: What You Need to Know
Under Tennessee law, any person of sound mind, who is at least eighteen years of age, may make a will. A will must be interpreted to apply to the real and personal property it includes, as if it were signed…
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Tennessee Estate Planning: Protect Your Family & Legacy
Estate planning in Tennessee is vital for ensuring your family’s security and your legacy’s preservation. From wills and trusts to healthcare directives, understanding Tennessee-specific requirements is key to a comprehensive estate plan. Why Estate Planning Matters for Tennessee ResidentsEstate planning…
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Estate Planning Essentials for Tennessee Residents
Estate planning is one of the most critical steps you can take to protect your family, ensure your wishes are honored, and make the transition of your assets as smooth as possible. For Tennessee residents, understanding the unique laws and…
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Trusts And Estates Division In Divorce
As a couple goes through life together, having children and acquiring assets, they begin thinking of the future. They make estate plans and establish trusts to provide for each other and their heirs. However, if that marriage falls apart one…
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Preparing for Your Initial Consultation with an Estate Planning Attorney
When planning for your future and the future of your loved ones, meeting with an estate planning attorney is a crucial first step. This initial consultation allows you to understand your legal options, decide if you want to work with…
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Detecting And Addressing Hidden Assets In Divorce
During a divorce, each spouse is typically expected to provide complete and accurate financial statements to facilitate the court’s decision-making processes related to the division of marital property as well as any orders concerning child support and any awards of…
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How to Terminate a Trust
Even irrevocable trusts can be modified or terminated in some situations. Sometimes the trust has served its purpose and no longer has sufficient assets to continue operating. Other times, changed circumstances require the trust to be terminated or converted into…
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How to Transfer a Car Title from a Deceased Owner in South Carolina
When a loved one dies, there are often difficulties that can arise in handling the estate of a deceased person. One of these challenges can include changing the name on the title of a vehicle. Here is a guide to…
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What is a Gun Trust?
A gun trust can be used to stay in compliance with federal, state, and local laws that apply to certain firearms. These trusts may be called NFA Gun Trusts because they are used for weapons covered by the National Firearms…
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How a vehicle is transferred upon death
When an individual dies, how that person had his or her vehicles titled will affect how difficult it is to transfer title of such vehicles. Below are several ways to title a vehicle and a summary of the steps necessary…
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North Carolina Intestacy Laws: When a Deceased Person Had No Will
Many people never take the time to create a valid will and pass away without naming their heirs. These individuals are said to have died intestate, meaning that they had no will. In these cases, the North Carolina intestacy laws…
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Are Handwritten Wills Valid in South Carolina?
The answer to this question is not as clear as one might think. While a person can handwrite their own will, South Carolina requires several other criteria to be met as well in order for a handwritten will to be…
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What Happens To A Bank Account When Someone Dies?
Following a loved one’s death, you may have a lot of questions about how to move forward with your life and support your family. After all, what happens to a bank account after the account holder’s death? What if there’s…
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Britney Spears Case Puts Renewed Focus on Guardianships
Britney Spears’s struggle to regain control over her business and personal life shines a spotlight on legal guardianship and alternatives that involve less loss of control over one’s life.
Avoid Guardianship With a Durable Power of Attorney
Conservators and guardians are appointed in court to make decisions about health care or finances for adults who are incapacitated. A durable power of attorney lets you choose a trusted decision-maker for the future.
The Ins and Outs of Guardianship and Conservatorship
Every adult is assumed to be capable of making their own decisions unless a court determines otherwise. If an adult becomes incapable of making responsible decisions, the court will appoint a substitute.
7 Common Inheritance Mistakes to Avoid
The period following the death of a loved one can be a tumultuous time. Dealing with death and receiving an inheritance brings mixed emotions. The loss of a loved one is distressing, and while added funds can bring relief, it…
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How to Get a Death Certificate After a Loved One Dies
When a loved one passes away, it’s important to get a death certificate. This document is necessary to handle the financial and legal affairs of the deceased person.
Probate Process: A General Timeline
In general, the probate process moves quickly if the estate has minimal assets and little debt. Larger estates can take anywhere from nine months to a few years, especially with problematic family dynamics.
Special Needs Trusts: Securing the Future of Loved Ones
Caring for individuals with special needs requires a comprehensive and thoughtful approach to ensure their financial security, quality of life, and access to essential support services. Special Needs Trusts (SNTs) have emerged as a powerful tool in this endeavor, providing…
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How Life Insurance Is Involved in Estate Planning
Life insurance can be an integral and important part of a well-drafted estate plan. There are numerous benefits to owning a life insurance policy aside from providing a large sum of money to beneficiaries.
South Carolina Inheritance Laws
Several different South Carolina inheritance laws could impact your right to receive property or what happens to your property after you pass away. In many cases, you can choose to set up your estate how you wish, but South Carolina…
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Can You Hand Write a Will in North Carolina?
A will in North Carolina generally must be self-proving. This means that the will must have been signed by two competent witnesses in front of a notary and the person making the will must be over 18 and of sound…
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Power of Attorney and Conservatorship: Know the Difference
When it comes to managing the affairs of someone unable to make decisions on their own, two legal mechanisms often come into play: power of attorney and conservatorship. While they share similarities in terms of assisting individuals in need, there are distinct differences…
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Cost-Effective Probate: Why Communication is Important
Probate is the legal process through which a deceased person’s assets are distributed, debts are settled, and their estate is administered according to the law. It is a complex and often a time-consuming process that can incur significant costs. However,…
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Grantor, Irrevocable, and Inter Vivos, OH MY!
Estate planning, just like everything today, is analogous to car buying—or if you prefer—cereal. There are sometimes so many options that consumers are overwhelmed by the options they have and sometimes go with products that do not meet their needs…
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What Happens if You Do Not Have a Will in South Carolina
When one dies without a will in South Carolina, one is considered to have died intestate. Intestacy laws signal that your inheritance is passed on based on South Carolina Intestacy laws. Generally, intestacy laws will pass your inheritance on to…
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Are Trust Distributions Subject to Alimony Calculation
When it comes to divorce cases, the treatment of trust income and assets can significantly impact the division of marital property. This blog post focuses on the differences between marital and separate property and the influence of trust assets on…
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The Importance of Bank Login for Probate & Estate
Probate and estate administration can be complex and time-consuming processes. As legal professionals, our goal at King Law is to provide efficient and cost-effective services to our clients. One way we achieve this is by requesting our clients’ bank login…
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Unlocking the Power of Life Estate Deeds
When it comes to estate planning, individuals have a variety of options to ensure the easy transfer of their properties. One such option is a life estate deed, a legal instrument that grants an individual the right to use and…
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Helpful Decision-Making: What a Power of Attorney Does in NC
What is a power of attorney (POA)? It is a legal document that grants authority to an individual, known as an agent, to make decisions and act on behalf of another person, who is known as the principal. This relationship…
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Understanding the ‘Slayer Rule’ in North Carolina
Various bars to inheritance exist based on certain actions and behaviors of individuals. An heir (a person who inherits or has a right of inheritance) becomes ineligible to inherit upon the killing of the decedent (a person who has died)…
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NC Estate Administrator & Funeral Expense Payment
In North Carolina, the process of administering an estate is typically handled by an individual appointed as the executor or administrator. An executor is someone listed in a will as the person in charge of the estate. If the will…
Read MoreHealthcare Power of Attorney: Protecting Your Health and Well-Being
Life is filled with unpredictable events, and while it’s natural to focus on the positive aspects, it’s equally important to plan for the unexpected. One crucial aspect of proactive planning involves establishing a healthcare power of attorney (POA). While it…
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Inheritance Rights of Children Born Out of Wedlock
Can a child born out of wedlock get an inheritance from a father who has passed away? Over the past few years, there has been a significant change in North Carolina law regarding the inheritance rights of children who were…
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Challenging a Will Based on Undue Influence
Maybe recently a parent or friend has passed away. For years you had known that you were in their will and would be receiving property or other items. However, when the time came, you were surprised to find that everything…
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Do I need a Will in North Carolina?
No one knows the place or time when mortality will prevail. However, we can do our best to plan for that reality. The thought of planning to create a Will is often a daunting task and uncomfortable to contemplate. However,…
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Why Estate Planning Matters
Estate planning may not be the most enticing topic to discuss, but its significance cannot be underestimated. Regardless of age, wealth, or family situation, everyone can benefit from having a well-thought-out estate plan in place. This process ensures that your…
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What Is Intestacy and How Does it Stand to Impact Me?
While much of the lawyer’s everyday vocabulary is mere jargon that most people do not need to be familiar with, one term that everyone should at least be aware of is intestacy. This is the case because intestacy is a…
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Estate Planning: Inheritance and Dying Intestate in South Carolina
No one wants to think about passing away, but people may choose to make arrangements for their estate after their passing. An estate is all of the money and property you own. If you do not make arrangements for your…
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Dual Eligible Special Needs Plans – Are They Right For You?
People eligible for Medicare and Medicaid often have complex medical situations and need assistance navigating both systems. D-SNPs can assist with this process.
How to Guarantee That My Will is Valid
There comes a point in our lives where it is necessary to ensure all of our assets are in order. This could be for a multitude of reasons, whether it be an emergency or just a friend mentioned it could…
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What is a Special Needs Trust and How Do I Know if I Need to Create One?
If someone you love and wish to provide for has a disability, a special needs trust may be the ideal way to do so. Estate planning is complex and there are many ways to transfer your assets to others both…
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Understanding the Importance of a Will
The North Carolina General Statutes allow any person of sound mind, who is eighteen years of age or older, to make a will. A will may be used to pass on any personal property or real property to another person…
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What Happens to an Estate if Spouses Pass Within Days of Each Other?
When one spouse passes, the burden of handling their final affairs will often fall onto the surviving spouse. Unfortunately, tragedy can strike families in more than one fashion and spouses might pass simultaneously or within short interims between each other.…
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Maximizing Your Retirement Account Benefits: How the SECURE Supplemental Needs Trust Can Benefit Disabled or Chronically Ill Beneficiaries
There is great news for clients with certain family members or other beneficiaries – this year brought with it a huge change in the law that benefits beneficiaries who are disabled or chronically ill. The Setting Every Community Up for…
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Understanding the Probate Process: What It Is and Why You Might Need a Lawyer
When someone passes away, the last thing on their loved one’s minds is the administration of their decedent’s estate and is a natural and reasonable reaction. The reality is that the administration of a decedent’s estate is an important matter.…
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How a Power of Attorney can Safeguard Your Right to Vote
Having the right to vote is an essential part of being a citizen, but it could be taken away if you become a ward in a guardianship. To avoid this little-known consequence, having a strong power of attorney is crucial.…
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The Probate Process in South Carolina
Probate is the court-supervised process of distributing property after the death of an estate owner. Typically, there are several steps involved to ensure that the decedent’s are carried out as they intended. To start the process, the party who wishes…
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My Spouse Died Without a Will. What Happens to their Property?
The death of a loved one is a difficult time—a spouse’s death is especially difficult. What can make an already difficult time especially challenging is an uncertainty about your own livelihood and circumstances now that your spouse has passed. If…
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The Probate Process in North Carolina
When a loved one dies, the legal process of overseeing the placement of their assets can be a complex and tedious procedure. However, King Law has a team of knowledgeable lawyers willing to walk you through this process known as…
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The Spousal Allowance in North Carolina Estates
When a spouse dies, it’s obviously a very difficult and emotional time for the surviving spouse. After enduring the initial shock and handling all the arrangements, the surviving spouse must navigate the procedural rules and laws of handling the deceased…
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Does South Carolina Require Inheritance Tax?
There are many fees and taxes that can be imposed on an estate after the death of a loved one. However, some states also impose a tax on an heir that has inherited from the estate. This is known as…
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“Hiring a Lawyer is too Expensive. How Can I Make a Will Myself?”
According to the AARP, only 40% of Americans have a will or a trust. If you were to ask these people why they don’t have one, it would probably be because of cost. A lot of people do not want…
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How Long Do I Have to Contest a Will?
Disputes often arise during the process of probating a will. This is especially true when a person who thought they were going to inherit is left out of the will or the inheritance is different than what they were led…
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Gun Trusts
A gun trust is a great way to ensure that your guns are inherited and passed to designated individuals. Gun trusts must be drafted to ensure that they comply with the National Firearms Act (NFA). Weapons covered under the National…
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What Is An Elective Share in North Carolina?
In North Carolina, a surviving spouse may elect to obtain a share of their deceased spouses’ estate. This is an intentional design of North Carolina legislature to protect spouses from being intentionally or unintentionally disinherited in a will. Elective shares…
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Can I Remove the Facebook Account of a Friend or Family Member Who’s Medically Incapacitated?
There are a couple of potential Facebook issues regarding someone who is sick or medically or mentally incapacitated. The first is removing someone who is irreversibly unable to maintain their account. The second deals with having a post(s) removed that…
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How Do I Request Content From The Facebook Account Of A Deceased Person Or Have Content Removed?
Often “Digital Assets” and “Intellectual Properties” are included in a Facebook account. These can be considered valuable for one reason or another by family and friends and even business associates. They can even be a source of contention between some…
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Passing on Family Values as Part of an Inheritance
Successfully addressing and legally formalizing inheritance of family values and assets can be challenging, especially if parents wait too long to begin instilling family values. Undoubtedly the best time to teach and empower your children as eventual inheritors of your…
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What Is A Facebook Legacy Contact and What Can They Do With My Account?
So many people prepare for the “what happens to my stuff, bank accounts, and other personal items if something were to happen to me” by drafting a Will, Power of Attorney or a Trust. But what are people doing about…
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Why a Living Will is Important
A living will lays out your preferences for life-sustaining medical treatment. It is often accompanied by a health-care proxy or power of attorney, which allows someone to make treatment decisions for you if you are incapacitated and the living will…
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What Can You Do to Resolve Estate and Trust Disputes?
Estates and trusts often involve many different parties with conflicting interests. When disputes arise, a resolution may be reached by negotiations and settlement. Other situations may require litigation. Common Estate and Trust Disputes Estate and trust disputes can arise in…
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Problems Caused by Estate Planning Mistakes
There are several categories of estate planning mistakes: A failure to make a plan. A failure to update a plan every few years or after major life events. Improperly executing the estate plan. All of these errors can lead to…
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Estate Planning With 529 Plans
529 plans can be an excellent college savings tool. Investments in your 529 plan can grow tax-free, and withdrawals may also be exempt from federal and state income taxes, provided they are used for qualified education expenses. In addition, 529…
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How to Use Life Insurance in Your Estate Plan
Life insurance is often used to provide for loved ones if a primary breadwinner passes away. However, there are also many other benefits of life insurance when it comes to your estate plan. Talk to your estate planning attorney about…
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What Are Transfer On Death Accounts?
Transfer-on-death (TOD) accounts are bank or brokerage accounts with a named beneficiary. These may also be referred to as payable-on-death accounts. They can be a simple but important part of your estate plan. How TODs Work If you have a…
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What are the Problems with Using Family Care Givers?
Traditional Care Arrangement Care in the home provided by a spouse or a child is the most common form of long term care in this country. About 73% of all long term care is provided in the home environment typically…
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Can a Positive Attitude Help You Live Longer?
How Attitude Affects Our Health, Quality of Life and Longevity Empirical evidence seems to substantiate a general observation that individuals who are upbeat and sunny also appear to be healthy and actively engaged in good things. Longitudinal studies – particularly…
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Estate Planning After Remarriage
A second or third marriage will require a hard look at your estate plan. You’ll need to look over all of your existing documents—including your will, trusts, and powers of attorney—to see what changes need to be made. Protect Your…
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How Can You Get Money Out of Life Insurance Without Dying?
A life settlement, or senior settlement, as they are sometimes called, involves selling an existing life insurance policy to a third party—a person or an entity other than the company that issued the policy—for more than the policy’s cash surrender…
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Power of Attorney for a Minor Child
If someone other than a child’s parent needs to make healthcare decisions on their behalf, a power of attorney may be required. This could be useful if your minor child is being cared for by a relative or someone else…
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How to Avoid Surprises in Your Estate Plan
One major purpose of estate planning is to avoid surprises and unintended consequences. You want the maximum amount of control over what happens to your assets and your family. However, a failure to take certain precautions can lead to some…
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Estate Planning for Digital Assets
As our digital lives continue to expand, digital assets are becoming a bigger component of estate planning. Unfortunately, some people fail to include digital assets in their estate plans, and laws made to apply to real-world assets may not handle…
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What Can a Power of Attorney Agent Do?
Power of attorney agents have the power to make important medical or financial decisions on your behalf. You should choose an agent that you know well and trust to handle these responsibilities. Agents don’t have unlimited power. You have the…
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Appropriate Documents For End-of-Life Care Decisions
You may think your living will is in order, including instructions regarding resuscitation commonly referred to as a DNR (do not resuscitate). While your wishes in a living will may be appropriately documented, that does not guarantee the instructions will…
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What is a HIPAA Authorization Form?
The Health Insurance Portability and Accountability Act (HIPAA) is a Federal law designed to protect your privacy when it comes to your healthcare information. Your doctors and healthcare providers cannot discuss or disclose your protected health information with other people…
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How to Handle an Unexpected Serious Illness
Serious illnesses can sometimes come without warning. You may feel that you are in perfect health and then receive a diagnosis of a serious or potentially life-threatening condition. Your first priority should be getting medical treatment, but your estate plan…
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Power of Attorney Misconceptions
A durable power of attorney is one of the most important estate planning documents you can have. It allows someone who you appoint (your agent) to make decisions on your behalf in the event you become incapacitated. If you have…
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Limited vs. General Power of Attorney
A general power of attorney gives an agent the power to handle your financial matters in your place. They can mostly do anything you could do, such as selling assets, transferring funds, or making gifts or investments. A limited power…
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Power of Attorney for Elderly Parents
A power of attorney can allow you to access your parent’s accounts, pay their bills, and otherwise manage their property. Getting a power of attorney for an elderly parent can be a good idea for several reasons: If they ever…
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Partition and Partition by Sale
Oftentimes, when individuals own real property with other individuals, conflicts regarding the property may arise. These conflicts and disagreements may not always be situations that can be resolved between the parties. To provide a remedy for situations in which these…
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North Carolina’s Elective Share Law
North Carolina’s elective share is designed to protect surviving spouses from being treated unfairly in their spouse’s will. Elective shares require that a certain percentage of the estate’s assets be left to the surviving spouse, even if the will or…
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Probate in North Carolina
If you’ve suffered the loss of a loved one, chances are you’ll experience some form of probate or estate administration. Sometimes this can be a very straightforward process, but at other times it can be rather complex and time-consuming. It…
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North Carolina’s Anti-Lapse Statute
North Carolina’s anti-lapse statute determines what happens to your property when your intended heir passes away before you do. § 31-42. There are basically three types of situations covered by the anti-lapse statute, depending on who the intended heir was…
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South Carolina Will and Trust Disputes
Will and trust disputes can happen due to poor drafting, fraud, or many other reasons. If you have a will contest or trust dispute case, you should consult an estate planning attorney for legal assistance. Will Contests Wills can be…
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What is a Trust Protector?
A trust protector is a person or entity other than the trustee or trust grantor that has certain powers over a trust. Trust protectors are also referred to as “power holders” under North Carolina law. Trust protectors can provide a…
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Irrevocable Living Trust in North Carolina
Irrevocable trusts are just that—you generally cannot change or revoke the trust after you create it. These trusts are therefore much less flexible than revocable living trusts, but they do have some benefits that revocable trusts don’t offer. Proceed carefully…
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The Difference Between Trusts and Custodial Accounts
Trusts and custodial accounts are two methods of bequeathing property for the benefits of minors. Individuals under age 18 cannot legally own title to property in North Carolina, so these methods allow for an adult to care for the property…
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Living Probate in North Carolina
Living probate is an option available in North Carolina and a handful of other states. It allows the testator to have a court determine the validity of their will during their lifetime, rather than after their death. The benefits of…
Read MoreCan I Handwrite My Own Homemade Will?
As I speak to various groups and organizations about estate planning, I am periodically asked whether it is “legal” to simply handwrite a will. The short answer to this question is yes, but there are several precautions one should keep…
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How to Contest a Will in North Carolina
Potential heirs are sometimes surprised to find that they are not receiving the amount or type of property they anticipated from a deceased relative’s estate. If the decedent lacked testamentary capacity or was improperly influenced to change their will, there…
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Key Provisions to Include in Your Will
A will can accomplish many different legal tasks, including designating heirs, naming guardians for minor children, and naming an executor for the estate. However, many people can get by with a simple will that has a few important provisions. The…
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What is Medicaid Planning?
Medicaid planning is a part of long-term care planning. Many people over age 65 will need long-term care at some point, and the costs of this type of care are very high. Everyone should include long-term care planning in their…
Read MorePartition by Sale vs Partition in Kind
Partitioning is a division in real or personal property between co-owners. This typically occurs when property is inherited or passed down to heirs. There are two types of partitioning: Partition in Kind and Partition by Sale. These are described in…
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Provisions to Include in Your Power of Attorney
Powers of attorney are a valuable estate planning tool, but these documents need to be customized to fit your estate planning needs. Do-it-yourself power of attorney forms may include provisions that you don’t want, or they may be missing important…
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How Living Trusts Are Used to Avoid Probate
Living trusts are a common estate planning tools used to accomplish various objectives. One of the main reasons people used living trusts is to keep certain property out of probate court or avoid the need to go through probate entirely.…
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Strategies to Keep Your Assets in Your Family
When you leave assets to your children, you may intend for the property to stay in the family for many generations. However, a number of events that are out of your control could cause the assets to end up in…
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What Are Durable and Healthcare Powers of Attorney?
A power of attorney is a legal document that gives someone else the power to make decisions on your behalf. These powers are used to save your family time and money if you ever become incapacitated or mentally incapable of…
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Protecting Assets from Your Heirs Creditors
Imagine the following scenario: you work hard to accumulate wealth during your lifetime and create a comprehensive estate plan to care for your family. But then, after you pass away, the assets you leave to one of your children are…
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Can Trust Funds Be Seized by Creditors?
Trusts can be used for assets protection, but not all trusts shield assets from your creditors. State laws also vary regarding when trust assets will be susceptible to collection by your potential creditors. Asset Protection Trusts North Carolina currently does not permit…
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