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Estate Planning Strategy: The Essential Steps to Take for Planning Your Estate

Pennant Law • Jan 26, 2023

Death is an inseparable part of life, and the process of dying may be heartbreaking. Perhaps what can be more tragic is dying and leaving loved ones feuding over your legacy. Fortunately, you control many aspects of that process and how your legacy is passed on by creating an estate plan. The following few paragraphs will review the legal and practical steps you should take to plan for the final disposition of your life and legacy. 


Estate Planning: Inventory List

As they say, “failing to plan is planning to fail,” and irrespective of the size of your estate, everyone needs to create an estate plan. The first step is to take an inventory of the property in your estate. Taking stock of your property will better help you to decide what estate plan fits your needs. You can do this by listing the personal belongings and real estate that you, your spouse, or your partner own. Property such as your clothing, car, collectibles, television, laptop, homes, jewelry, furnishings, bank accounts, digital assets (i.e., airline miles, cryptocurrencies and etc.), and investments.


Lastly, list all of your creditors and debts. Identifying your assets and debts will give you an accurate picture of your estate and provide the foundation for choosing the best estate plan that fits your needs and achieve your objectives. 


Estate Planning: Wills and Trusts 101 

After taking inventory of your property, the next step in creating an estate plan is choosing which estate plan option best carries out your dying wishes, safeguards your assets, and then distributes them according to your instructions.


The three main options to distribute your property to its new owner through intestate (i.e., die without a will), testate (i.e., die with a will), or by a trust. The way your property gets distributed will depend on your wants. You want to avoid the courts probating and administration process. You want the distribution of your property to be private or public. You want your presumptive heirs to receive the property outright or periodically. You want to do nothing. If you desire to have privacy and more control and reduce tax liability, then creating a trust will benefit you more than creating a will. When it comes to estate administration/probate, as an estate planning and administration attorney, I’ve seen a lot of estate plans and estate documents over the years. Poor estate planning leads to loved ones being left out of an inheritance, family feuds, a lot of time spent at the courthouse, and high estate fees. Proper estate planning can mitigate all of your estate planning concerns, so choose wisely.


Estate Planning: Advance Care Documents

After choosing the estate plan option that best fits your needs, the next step is planning for illness, incapacitation, or old age. Statistically speaking, if you are under the age of sixty you are more likely to become disabled than you are to die. Understand that for any reason that you choose, as long as you are competent, the right to accept or refuse medical treatment is your own. However, seldomly do you consider who decides what should happen to you if you become incompetent or incapacitated and have not yet communicated your wishes. For that reason, every estate plan should include the following documents a health care power of attorney, durable power of attorney, and a living will. I like to call these your H.D.L. of estate planning, which is good to have because they help to protect you and your wishes when you are physically and mentally unable to do so. A healthcare power of attorney is a document that creates an agency relationship where you, the principal, choose an agent who can make healthcare decisions for you in the event that you become incapacitated or incompetent. A durable power of attorney is a document that creates an agency relationship where you, the principal, choose an agent who acts over your financial matters in the event that you become incapacitated or incompetent.


Finally, a living will is a document that expresses your healthcare desires to a physician in the event that you are in a terminal condition and are unable to communicate them. You may recall the notable but tragic story of Jean-Pierre Adams, a soccer superstar who spent 39 years in a coma after a knee injury gone wrong. Or, the sad and publicized legal story of Terri Schiavo, who spent 15 years in a coma before having her feeding tube removed by a Florida Court at her husband’s request. As those cases have shown, these advance directives decisions are an essential part of your estate plan.


How Can Pennant Law Offices Help You with Your Estate Plan?

At Pennant Law Offices, we plan for your future by creating a customized estate plan that best meets your unique needs. We will advise you on the best way to pass on a legacy that you desire. We provide a hands-on approach to educating you about your estate plan and the responsibility and roles of the people you choose to carry out your estate plan desires.


Contact your Charlotte Estate planning attorney Dwayne Pennant to develop your estate plan strategy. At Pennant Law Offices, PLLC, your rights and legacy are our passion.

The Impact of Cell Phone Use on Car Accidents in Massachusetts

By Pennant Law • 28 Mar, 2023
The use of cell phones while driving has become an increasing concern for road safety in Massachusetts. Distracted driving is a leading cause of car accidents, and cell phone use is one of the most common forms of distraction behind the wheel. In this blog post, we will explore the impact of cell phone use on car accidents in Massachusetts and how Pennant Law Offices, PLLC can help those affected by distracted driving accidents. According to the National Highway Traffic Safety Administration (NHTSA), distracted driving claimed 2,841 lives in 2018 alone. In Massachusetts, distracted driving is a leading cause of car accidents, with cell phone use being one of the most common forms of distraction. The use of cell phones while driving can cause a range of distractions, including visual, manual, and cognitive distractions. Visual distractions occur when the driver takes their eyes off the road, while manual distractions occur when the driver takes their hands off the wheel. Cognitive distractions occur when the driver takes their mind off the task of driving. Using a cell phone while driving can cause all three types of distractions, making it one of the most dangerous forms of distracted driving. Texting while driving is one of the most dangerous forms of cell phone use while driving. Texting requires visual, manual, and cognitive attention, making it a highly distracting activity. According to the NHTSA, texting while driving is six times more likely to cause a car accident than driving while intoxicated. How Pennant Law Offices, PLLC Can Help If you have been involved in a car accident caused by cell phone use, it is important to seek the guidance of an experienced auto accident attorney like Pennant Law Offices, PLLC. Our team has extensive experience representing clients who have been involved in distracted driving accidents in Massachusetts. We can help you understand your legal rights and explore all options for recovery. Our experienced attorneys can handle all aspects of your case, including negotiating with insurance companies, filing legal claims, and representing you in court. We can help you obtain compensation for your medical bills, lost wages, property damage, and pain and suffering. In addition, Pennant Law Offices, PLLC offers a free consultation to discuss your case and provide you with the guidance and support you need. We understand the challenges and complexities of dealing with distracted driving accidents and are committed to helping you achieve a fair and just outcome. The impact of cell phone use on car accidents in Massachusetts is significant, and distracted driving is a leading cause of accidents on our roads. If you have been involved in a car accident caused by cell phone use, it is important to seek the guidance of an experienced auto accident attorney. Pennant Law Offices, PLLC can help you understand your legal rights and explore all options for recovery. Don't hesitate to contact us today to schedule a free consultation and learn more about how we can help you.

Estate Planning Tips for Families in North Carolina

By Pennant Law • 02 Mar, 2023
Estate planning is the process of making a plan for the management of your assets and finances in the event of death or incapacitation. It’s important to be aware of estate planning tips that are tailored to families in North Carolina. It is important to note that according to a 2021 wills and estate planning survey by Caring.com, 33% of U.S. adults have a will, while only 27.5% of African American families have one. Pennant Law Offices, PLLC has compiled a list of 10 tips to help you get started with your estate plan.  1. Create an Estate Plan This should be your first step in any estate planning process—creating an estate plan. An estate plan will ensure that your wishes are carried out and that you have control over how your assets and finances are managed after death or incapacity. Having an up-to-date estate plan can provide peace of mind and help prevent costly legal battles down the line. 2. Choose an Executor Once you have created your estate plan, it’s time to choose someone to execute it. Your executor is responsible for carrying out the instructions you set forth in your plan, so make sure they are trustworthy and capable of carrying out these instructions. You should also discuss these instructions with them beforehand so they know exactly what is expected of them. 3. Consider Family Dynamics Family dynamics can be complicated, especially when there are many people involved and various interests at stake. Make sure to take into account any potential conflicts between family members when creating your estate plan, as this can help avoid any future disputes about who should receive what assets or finances upon death or incapacity. 4. Have Beneficiaries Designated Make sure that all beneficiaries have been designated ahead of time so there will be no confusion about who should receive what upon death or incapacitation—this includes designating guardians for minor children if applicable! Doing so will help ensure that each beneficiary receives what they need without any conflict or delays due to legal processes after the fact. 5. Update Your Documents Regularly It’s important to review and update your documents regularly as laws change frequently and life circumstances may also change over time (such as marriage, divorce, etc.). This will ensure that all information remains accurate and up-to-date at all times. This is especially true if you move states or countries since laws may differ from one jurisdiction to another! 6. Consider Taxes and Liabilities When creating an estate plan, it’s important to consider taxes and liabilities associated with owning property (such as real estate) or other assets (such as stocks). Taking into account potential tax implications before creating a plan can save money down the line by lessening any tax burden on inheritors after death. 7. Create a Will Creating a will is essential for anyone—regardless of race—who wants their wishes respected after their passing away from this world; however, it’s especially important for African Americans due to how often wills are contested by relatives who may not agree with the terms set forth by the deceased person’s wishes. Making sure all wishes are explicitly stated within a legally binding document helps minimize potential disputes between heirs later on down the road. 8. Choose Wisely Who Will Manage Assets After Death/Incapacity Choosing who will manage assets after death/incapacity is a critical decision during the estate planning process; this person(s) must be trusted implicitly because they will be responsible for distributing assets according to wishes outlined within a will/trust document(s). In addition, they must understand financial matters related to managing investments/assets properly while taking into consideration taxes and liabilities associated with ownership/distribution as well. 9. Understand State Laws and Regulations Each state has its own set of laws and regulations regarding inheritance rights; make sure you understand these before creating an estate plan so there won’t be any confusion about who gets what when it comes time for distribution. Additionally, understanding state laws and regulations can help protect against potential fraudsters trying to take advantage during times when emotions run high near end-of-life matters (i.e. funeral arrangements). 10. Consult With A Professional Finally – Consult with an experienced Estate Planning Lawyer such as Dwayne Pennant, The Founding Attorney at Pennant Law Offices, PLLC, before making decisions regarding estate plans and inheritance issues. Doing so ensures that everything has been taken into consideration properly from both legal and financial perspectives, before filing anything official with local probate courts. Estate planning is a complex process but necessary for protecting yourself and those closest to you against unexpected events such as death or incapacitation. Pennant Law Offices PLLC’s top 10 tips provide families in North Carolina with valuable insight into how best to prepare themselves for such eventualities and ensure their wishes remain intact throughout life’s changing circumstances. By following these tips carefully and consulting with Pennant Law Offices, PLLC where needed, you can rest assured knowing your loved ones are taken care of no matter what happens in life.
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