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The &Law Blog

Demystifying Estate Planning & Administration

#unstuckestateplanning, FAQ Heather Hazelwood #unstuckestateplanning, FAQ Heather Hazelwood

What is a contingent trust?

A contingent trust is an important estate planning tool that acts as a safety net within your revocable living trust. It only activates if certain conditions arise—such as a beneficiary being too young, unprepared, or having special needs—ensuring that your assets are managed and distributed according to your wishes, no matter what the future holds. This structure provides flexibility, protection, and peace of mind for you and your loved ones.

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Heather Hazelwood Heather Hazelwood

Should Your Trust Inherit Your IRA?

Naming a trust as the beneficiary of your IRA or 401(k) might seem like a smart way to manage your estate, but it can create unexpected tax headaches and extra complications for your heirs. Learn when involving your trust in your retirement account planning makes sense and when it doesn’t.

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Heather Hazelwood Heather Hazelwood

Probate vs. Non-Probate Assets: A Self-Assessment

Not all assets are controlled by your Will. This guide breaks down the difference between probate and non-probate assets, walks you through a practical self-assessment, and explains what to do if gaps in your estate plan exist.

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Heather Hazelwood Heather Hazelwood

Handwritten Instructions: The Strongest Proof

Discover why providing handwritten instructions for your Health Care POA and Advance Directive at your signing appointment are crucial for legal protection and authenticity. Handwriting proves intent, is nearly impossible to forge, and offers stronger evidence in court or family disputes than typed text. Ensure your documents stand up to challenges—choose handwritten proof for your peace of mind.

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Heather Hazelwood Heather Hazelwood

How Real Estate Avoids Probate in North Carolina & What You Need to Know

The good news: North Carolina law automatically keeps your home out of probate. The not-so-good news: the process can still be complex for your heirs. Discover how real property is handled outside probate in NC, the misconceptions that often trip up families, and what you can do to protect your heirs from unexpected challenges.

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#unstuckestateplanning, FAQ Heather Hazelwood #unstuckestateplanning, FAQ Heather Hazelwood

Writing a Letter of Last Instruction

When it comes to planning for the future, one of the most thoughtful gifts you can give your loved ones is a clear set of last instructions. These instructions can provide guidance and peace of mind during an emotionally challenging time. A Letter of Last Instruction is a document that provides additional information and instructions to your loved ones and designated decision makers to be read and used in the time leading up to and after your death. Beyond sharing logistics and practicalities, writing a LOLI is an opportunity to share your thoughts and wishes, honoring your life and the impact you've made on those around you. Keep reading to learn about the types of information to include in your LOLI as well as a sample letter to help you get started.

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Heather Hazelwood Heather Hazelwood

What are the Rights of a Surviving Spouse in a Probate/Estates Proceeding?

What are the rights of a surviving spouse in a probate/estate proceeding? If your spouse dies and leaves you nothing in their Will, do you have any rights? What if they didn’t have a Will? What if you’ve been living separately for years, but aren’t legally separated (requires a separation agreement) or divorced (requires a court order of final divorce)?‍ ‍Presuming the Deceased Spouse (DS) died with a Will* in place, the Surviving Spouse (SS) may be eligible to receive more than DS’s Will provides using the Year’s Allowance (YA) and Elective Share (ES) court processes. The following is a brief, general summary of each for informational purposes only.

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Heather Hazelwood Heather Hazelwood

Minimizing Your Probate Assets without a Revocable Living Trust

When clients ask me how to avoid probate, I always point out that entirely avoiding probate is often impossible due to a few things (mostly refunds of bills and taxes requiring advance payment) that you cannot control before death. The better question is how to minimize probate, as that is something within your control. Minimizing probate is possible by creating a Revocable Living Trust and/or by maximizing strategies that keep assets out of probate. This blog post details some of the most common ways to minimize probate.

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Heather Hazelwood Heather Hazelwood

529 Accounts: What Happens When Life Gets Complicated?

529s are essential parts of many people's plans for future education costs. Taking steps now to secure your 529 in the event of your or your beneficiary's death is a necessary, but often overlooked, part of estate planning.

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Heather Hazelwood Heather Hazelwood

Ensuring Your Executor Remembers You Fondly

Creating an estate plan is a huge accomplishment. Beyond that, there are additional proactive steps that can ease the burden on your Executor and loved ones after your death. This blog post outlines key actions you can take today to minimize stress, ensure your wishes are honored, and help your Executor and loved ones remember you fondly, instead of with frustration.

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Heather Hazelwood Heather Hazelwood

Nominating Co-Guardians: Additional Considerations

When considering nominating Co-Guardians for minor children, several important factors must be considered. This blog post reviews the legal process involved and issues unique to Co-Guardian nominations. This guidance is essential for anyone looking to make informed choices regarding child Guardianship nominations.

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Heather Hazelwood Heather Hazelwood

Your First Dos and Don'ts When a Loved One Dies

Your First Dos and Don'ts When a Loved One Dies

It can be overwhelming to know what steps to take when a loved one dies. During this deeply emotional time, the fear of making mistakes can add to the stress. Here are some Dos, Don'ts, and FAQs to guide you through this challenging period. Navigating the aftermath of a loved one's passing is never easy, but following these guidelines can help ensure that you honor their wishes and handle their affairs responsibly.

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Heather Hazelwood Heather Hazelwood

Debt at Death

Common: having debt at death.

Uncommon: knowing what happens to it & who pays.

Here are four essential takeaways about debt at death.

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Uncategorized Heather Hazelwood Uncategorized Heather Hazelwood

(Un)Safe Deposit Boxes

A safe deposit box (aka safety deposit box) is a great place to store valuable and/or important things, right? Well, it depends (and yeah, it's totally fine to insert a groan here for this classic lawyer non-response).

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