Category: Wills
Tags: Estate Planning

A Funny Question to Ask a Lawyer

Posted on: May 3rd, 2011
My blog has a function that allows readers to comment on a post.  In the vast majority of cases, however, the comments are actually questions by those trying to avoid having to pay a lawyer to assist or advise them.  While I sometimes answer simple questions, my standard response is to tell the reader that he or she should consult with an attorney.  Of course, you could say I’m biased, given that I’m a practicing attorney, but I normally don’t even suggest that the reader chose my firm.
Here’s a recent example of a question and my reply:
My dad just died at the age of 89.  His will named my mom, age 91, as Executrix.  I am handling all of that for her with her assistance.  My question: Her will names my dad as Executor of her estate upon her death.  Due to his death, that needs to be changed to name me, the only child, as Executor.  Is there a way to do that in NC without having to involve a lawyer (and pay) a lawyer?
RESPONSE:  Anyone can legally prepare their own estate planning documents, including a will or codicil.  However, why take the risk making an expensive mistake?  It’s well worth paying a lawyer to make sure your assets and family are properly protected, and in many cases, it will save money in the long run.
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