A will lets survivors grieve, live in peace

Executing a will is the only sure way to see that loved ones are taken care after death.

 “If you die intestate — without a will — it can create turmoil and only compounds the grief on family members,” said Gale Gourley, the vice-president of Marine Federal Financial Group. “If you care about the people you love and you want to make sure they are taken care of after you die you should have a will; that really is the bottom line.”

With no provisions, she said, a lot of questions are left unanswered: Who will be the executor or executrix of the estate? Who will get your assets? Intestacy also provides no opportunity to reduce estate or income taxes, he said.

The rules of intestate succession vary from state to state, but the state decides what happens to assets and controls who they are transferred to when a person dies without a will, Gourley said.

 “Having a will can avoid a tremendous amount of litigation and having the estate tied up in court … People come out of the woodwork sometimes,” he said. “A will provides an orderly distribution of your assets and saves money, since the court has to appoint someone to administer the estate if you die without a will, and they charge a fee for that.”

Military members can get a free simple will prepared through Camp Lejeune Legal Services, Gourley said. But he recommends those members of the military with more complicated affairs — for instance, those who have children from a previous relationship — have an attorney prepare the will.

And military who keep residency in another state should have their will drawn up in their state of residency since laws on wills vary from state to state, he advises.

Bettie Gurganus, clerk of Superior Court, advises everyone, no matter what age, have a will.

“A will sets out what you want and who you want to administer your estate,” she said.

But just as importantly, she says, matters involving the estate be organized.

Gurganus suggests keeping wills, power of attorney, insurance papers, copies of the marriage license, divorce papers, vehicle titles, health care powers of attorney, living wills and all other important documents in a safe, secure place.

The first impulse that most people have is to put it in a safe deposit box.  This does preserve the document; however, it may create a problem if there is no one who is authorized to access the safe deposit box. If you choose this option, it is best to name someone, in addition to your spouse, as a joint holder. Having someone in addition to your spouse ensures that there will be a trusted person of your choosing who can get to the contents quickly in case something happens to you and your spouse together, Gurganus said.

If you choose to keep your will at home, make sure it is protected from fire or flood, she said. A safe or strong box is a logical choice for many.

“And make sure your executor or other trusted individual knows where those papers are stored and, if it is in a safe, knows the combination,” Gurganus emphasized.

She also suggested keeping a list of banks and account information, insurance companies, stocks and any other assets and debts with these documents.

“The list will be invaluable to the person who administers the estate,” Gurganus said. “I believe there are a lot of insurance policies out there that have never been cashed because people died and family members simply didn’t know they exist.”

All courts in North Carolina, including Onslow County Court, will store a will for safekeeping free of charge, Gurganus said. Those who choose to do so locally should contact the Clerk of Court office at 910-455-4458.  

“We don’t tell anybody it is here and we don’t record anything. We give you a receipt for it and always suggest you tell the executor you named where it is,” she said.

Gurganus also emphasized wills and other documents need to be updated when situations change, to include changes in finances and marriages.

“People forget to change things like beneficiaries and executors after their affairs change,” she said.

Less than half who those who should have actually done estate planning, said Attorney Kenneth Ording of Hampstead.

“Every adult should have their affairs in order because in a blink of an eye something can happen, and you need to make sure loved ones are taken care of,” he said. “Younger people with children want to have it, but very few take the steps to have it done. A lot of times they think it is going to be too expensive or they are fearful of lawyers.”

Not making a will can be far more costly than the expense of having an attorney draw up a will, which costs on average $175 to $500, he said.  The more complicated the will the more time is involved in its preparation and the more expensive it will cost.

Each of these people recommended having an attorney draw up a will versus using any online form or self-prepared will since they must be properly executed to be valid.

“A lawyer will use the proper language for the state you reside in and for your circumstances and can make sure your wishes are addressed and issues are resolved and it is all properly executed,” Ording said.

A holographic will is a will written in the handwriting of the testator; however, all states do not recognize them and those that do differ in requirements. For instance, some states require that the entire will be handwritten; while others require only that “material provisions” be in the testator's handwriting, he said.

North Carolina law requires holographic wills “must be written entirely in the handwriting of the testator, subscribed by the testator, or with his name written in or on the will in his own handwriting. The document must be found after death among the testator’s valuable papers or effects or in a safe-deposit box, or with a person or firm with whom the will was deposited by the testator for safekeeping. No attesting witness to a holographic will is required.”

North Carolina is also a state with right of survivorship, meaning 100 percent of the jointly owned property goes to the surviving spouse, Ording said. But that doesn’t preclude a will, he said.

 “Even married couples who have all their assets in both names need wills,” he said. “What happens after you go or if you both die at the same time? A will is for the living, because you are not there to speak for yourself.”

Though her husband has not been eager to discuss wills, Karen Sota of Sneads Ferry said she knows it is high time the couple, now in their 60s, plan their estate. She attended an estate planning seminar given recently by Ording to gather information.

“I have dealt with relatives who have died and I don’t want anyone in my family to have to deal with that kind of mess,” she said. “And I know I want to make the decisions; I don’t want someone making them for me. I also know what is worth paying for and what should be done right; I think it is critical to have it done by a professional.”

A copy of the Administrative Office of the Courts’ estate pamphlet is available online at nccourts.org . Click on forms and type in E-850, then estates and follow links.

Questions pertaining to will making:

Executor or Executrix name and relationship to testator

Substitute Executor/Executrix and their relationship to testator

Who leaving property to — heir(s) of estate and their relationship to testator

Heir(s) of residuary estate and their relationship to testator

Do you have any minor children — name and date of birth

If no, name all other children not named as a devisee in the will