Estate planning is the practice of law dealing with protection and disposition of a client’s assets, whether during life, or upon and after death, in accordance with the client’s desires and wishes. It involves a number of components, such as Trusts, Wills, and Probate Law. Administration of such important measure can prove tricky and burdensome to most people, as often wills can be misconstrued and outcomes could prove devastating. Kellogg and Evans P.A., also considers appropriate tax and family relationship consequences of the client’s acts and wishes.
Experienced Estate Planning Attorneys
For years, Kellogg and Evans, P.A. has represented clients in a variety of trusts and estate matters, including probate, gifts, estate planning, trust administration, intestacy matters, and will contests. The law of trusts and estates primarily involves the management of personal affairs and the disposition of a person’s property after he or she has passed or has become incapacitated.
A trust is a legal concept whereby a grantor transfers legal ownership of property to a trustee. Trust assets typically are managed for the benefit of one or more beneficiaries. An estate generally consists of the property that a person bequeaths to his or heirs after his/her death, which typically involves a testamentary instrument such as a will.
A will or testament is a legal declaration by which a person, the testator, names one or more persons to manage his/her estate and provides for the transfer of his/her property at the time of death. Devolution of property not disposed of by will, inheritance must be based upon North Carolina laws of intestacy. Our OBX attorneys have handled numerous intestate cases with remarkable success and integrity.
Probate is the legal name given to this process of dispersing assets of a deceased individual to the respective beneficiaries. After a person dies, ownership (the legal title) of his or her property, assets and personal possessions must be passed on (legally transferred) confidentially and expeditiously as possible. Kellogg and Evans law firm, with their proficient experience in this area, strive to ease the burdens of the beneficiaries (heirs) listed in the Will. If no Will is present, the person or persons awarded assets are designated by State law. Refer to Probate Law
Elder Law includes all aspects of law affecting elderly persons and their extended families. Typical issues include planning for disability, transfer of assets, Medicaid planning, nursing home and assisted living advocacy, issues involving problems with wills and trusts, guardianship issues, elder abuse issues, financial exploitation of elders, home care and caregiver agreements, powers of attorney, health care advocacy and many other problems and arrangements that must be addressed for optimal resolution of problems affecting elderly family members.