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Wills

Practice Areas

  • Estate Planning
  • Wills
  • Probate

Contact The Carolina Law Group

New Bern Wills Lawyers Help You Plan Your Legacy

North Carolina wills attorneys draft documents that reflect your wishes
If you’ve put off creating a last will and testament, there is no better time than now. Every adult should have a will, and Carolina Law Group, led by Tommy Kellis, can provide the guidance you need to execute yours. A will is an important way you can give your loved ones peace of mind in the event of your death. It is your final expression of affection, and it also spares them anguish and confusion when they have to settle your affairs without knowing your wishes. Our estate planning attorneys are ready to help you gain peace of mind with a valid will that expresses your wishes.
What to include in your will

A last will and testament allows you to transfer assets according to your wishes. Your will contains provisions for:

    • Real property and personal property — Your will should contain a complete list of your real estate, financial assets and personal property.
    • Beneficiaries — You must select the people and organizations that receive bequests.
    • An executor — You can name a party to execute the terms of your will. However, the court must approve the appointment.
      Guardianship — You can suggest someone to act as guardian of your minor children. Whoever you select must apply to the court and gain approval.

Certain property, such as a co-signed deed or a joint savings account, passes automatically to a co-owner or heir. You could also place property in a trust, so it can pass to your heirs without probate.

Requirements for a valid will in North Carolina

North Carolina law states that a valid will must meet three essential criteria:

  • The testator must be at least 18 years of age and of sound mind
  • The testator must intend for the document to operate as a will
  • The will must be in writing

Written wills fall into one of two categories:

  • Attested will — This document is signed by two disinterested adults, who either watch the testator sign or hear directly from the testator that he or she previously signed the will. The witnesses must sign in the testator’s presence. It is best that a notary record the will’s execution, in case one or both of the witnesses pass away before the testator.
  • Holographic will — This is a will drafted entirely in the testator’s own handwriting. It is valid provided that the testator signs the will and keeps it in a safe place.

North Carolina law has a limited exception for an oral or nuncupative will. The testator of an oral will must be terminally ill or “in imminent peril of death,” and must make the declaration in front of two competent witnesses simultaneously.

What happens if you die without a will in NC?

If you die without a will, a situation known as intestacy, state law determines who receives your property. These statutory heirs, or heirs at law, include your spouse, children, grandchildren, parents and siblings. If you have no qualifying heirs, your property reverts to the state.

If you forgot to include any property in your will of which you are the sole owner, this creates a situation known as partial intestacy, where the state treats the excluded property as if there was no will, distributing it to statutory heirs.

How to modify a will in North Carolina

After you create your will, you retain the right to invalidate or alter it. If you create a new will from scratch, the new will invalidates the old. You can also amend a will with a codicil that only overrides a specific portion of the existing will.

Get Started

Contact our Estate Planning Lawyers to Discuss Your Will

Please call 252-636-3737 or contact us online to schedule a meeting at one of our offices, conveniently located in New Bern and Morehead City.

Contact The Carolina Law Group

DWIs in North Carolina are misdemeanor offenses of five different levels of severity. The judge determines which level applies by analyzing your case for the presence of:

    • Aggravating factors — A DWI charge becomes more serious if the blood-alcohol content test result is 0.15 percent or higher. Penalties might also be increased by reckless driving, a reportable accident, driving under a revoked license or a previous conviction involving certain types of misconduct.
    • Grossly aggravating factors — These factors include a prior DWI conviction or a subsequent DWI charge, driving under a license revoked because of a prior DWI, serious injury to a person in the DWI incident, and DWI with a child under 16 in the vehicle.
    • Mitigating factors — Lessening the potential seriousness of the charge are such factors as a BAC at or below 0.09, signs of only slight impairment solely from alcohol, safe and lawful driving despite impairment, a safe driving record and voluntary participation in a DWI substance abuse treatment program.

The six levels of DWI offenses and their punishments are as follows:

    • Level V — When there are mitigating factors present and no aggravating factors, this least serious DWI is punishable by a fine up to $200, and a jail sentence of 24 hours to 60 days. A judge may suspend the sentence under certain conditions.
    • Level IV — When mitigating factors outweigh aggravating factors, the maximum fine is $500 and a jail sentence of 48 hours to 120 days. The judge may suspend the sentence under certain conditions.
    • Level III — If mitigating and aggravating factors balance out, and no grossly aggravating factors exist, the maximum fine is $1,000 with a jail sentence of 72 hours to six months. The judge may suspend the sentence.
    • Level II — If one grossly aggravating factor is present, the offense is punishable by a maximum fine of $2,000 and a jail sentence of seven days to one year. A judge may not suspend the minimum sentence. This can apply to someone who is being convicted of DWI for the second time.
    • Level I — If two grossly aggravating factors are present, such as two prior DWI convictions within the previous seven years, this most serious DWI offense can be brought. It is punishable by a fine up to $4,000 and a jail sentence of 30 days to two years. A judge may not suspend the minimum sentence.
    • Aggravated Level I (A1) — An Aggravated Level I (A1) DWI sentence is imposed if 3 or more grossly aggravating factors are present. An offender can generally be sentenced to a minimum of 12 months in jail to a maximum of 36 months with no eligibility for parole, a fine up to $10,000 and court costs. The active sentence may be suspended if the defendant serves a term of at least 120 days in jail as a special condition of probation. If probation is imposed, it must include the condition that the defendant abstain from alcohol for at least 120 days, undergo a substance abuse assessment and comply with any related treatment or education.

As your advocate, our job is to bring all pertinent facts to the court’s attention so that mitigating factors become obvious and doubt is placed on the existence of aggravating factors. We work tirelessly to provide the aggressive defense you need.