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Wills & Estate

FAQ's

  • Everyone should have a will. A will is a legal document that helps support your family and your values. Anything you own while living is still owned by you after death. A will provides the means to transfer ownership of your possessions post-mortem. 

     

    If you own assets in your name or jointly as “tenants in common,” they mass pass from you to the people you love, if you leave a will. Without a will, your assets pass according to your state’s rules, also known as intestacy. The state’s rules may not pass your assets to the people or charities you intended to receive them. 

  • A will ensures: 

    • Your assets will pass through your will to your loved ones or the charities you intended. 

    • Reduce your estate tax liability by using a trust within your will which can protect that person from creditors. 

    • Provides your family the tools to protect your children, those who are not good money managers, or those who have other problems (such as addiction or a mental illness). 

  • Under North Carolina law, you may execute a document known as a “living will.” Such a document represents your desire that life not be prolonged by extraordinary means. In other words, it allows for natural death.

  • A will and an estate plan are both legal documents, but they serve different purposes and encompass different elements.

     

    The key differences between the two are:

     

    Will (Last Will & Testament)​​

    • A will is a legal document that outlines your wishes regarding the distribution of your assets and the management of your affairs after your passing.

    • Your will specifies who should receive your possessions, property, and any of your assets and in what proportions.

    • In your will, you can name an executor who has the responsibility of managing and carrying out your wishes.

    • Wills are primarily focused on the distribution of assets and guardianship of minor children.

     

    Estate Plan​​

    • An estate plan is a comprehensive strategy that goes beyond what a will can do. It includes a set of legal documents that address not only what happens after your passing but also what occurs during your lifetime in case of incapacity.

    • In addition to a will, an estate plan may include other key documents such as a living will, health care power of attorney, and durable power of attorney.

  • ​​There are many reasons to put together an estate plan. Here are a few reasons why having an estate plan is important:

     

    1. Pass on your possessions to loved ones.

    2. Support ministries and causes you care about through charitable gifts made through your estate plan.

    3. Decide who would care for young children in the event of the parent(s)’ death.

    4. Help ease potential conflict with family members as they look to distribute your possessions.

    5. Alleviate the financial burdens through taxes and fees.

    6. Avoid probate, which is the legal process for settling an individual’s estate following their passing.

     

    In many of these cases, the state will take ownership of your possessions and assets if there isn’t an inheritor listed in your estate plan.

  • A “health care” power of attorney authorizes another person to permit or decline medical care on your behalf. The health care power of attorney comes into effect when the physician determines that you lack sufficient understanding to communicate decisions relating to your health care.

     

    At such a time, the attorney-in-fact (health care agent) would be empowered to make health care decisions for you.

  • A general durable power of attorney authorizes you to act in a wide range of legal and business matters and remains in effect if you are incapacitated. The POA can take effect immediately or can become effective only if you are incapacitated. When considering a power of attorney, remember that the person you designate as the attorney-in-fact does not have to be a lawyer.

How to Start

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For decades, our team at Provision has been assisting individuals and their families in managing their wills and estate planning. Allow us to lead you through the estate planning journey, enabling you to safeguard your assets and belongings in a manner that supports your loved ones and the causes you care about. 

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Wills & Estate

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Faithful and Wise Stewardship of God’s Resources

An estate plan is one of the most important acts of stewardship a Christian can make. Leverage your possessions for the glory of God and the good of the world. 

At Provision, you can create a free estate plan online at no cost. This includes a Last Will & Testament, and more, all easily accessible through your very own online portal.   

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