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Estate Administration

3 Takeaways: 40th Annual Estate Planning Conference

The 40th Annual Estate Planning Conference, held as usual in Kiawah Island, South Carolina, just concluded. Below are three takeaways we believe you’ll find useful in your practice. FLP Entities John W. Porter, an experienced tax litigator with Baker Botts LLP in Houston, Texas spoke on several topics including family limited partnership style entities. There were a number of takeaways but a good summary is still “respect the entity.” Too many families treat these as personal bank accounts rather than business entities and do not get the results they hoped for. If your clients have these LLCs or LPs and […]

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Stewart Law, P.A. Attorney Recognized as Best Lawyers in America® 2020

Best Lawyers 2020

Stewart Law, P.A., a boutique corporate, trusts, and estates firm in Charlotte, North Carolina is proud to announce that Founding Partner, Todd A. Stewart has been recognized as Best Lawyers in America® 2020 in Charlotte, NC. The Best Lawyers in America® program is the oldest and among the most respected attorney ranking services in the world. Todd was selected in the trusts and estates category. Attorneys named to Best Lawyers lists are recognized by their peers in the legal industry for their professional excellence in specific practice areas. To read their recently released press release click here.

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What Is My Role As An Executor/Administrator?

What does an Executor of an estate do?

We are often asked: “I’ve been named as Executor in my mother’s Will.  What does an Executor of an estate do?” First, for terminology, an Executor in certain cases can be referred to as an Administrator, but the role is very similar so we’ll combine all the terms under Personal Representative, or “PR” for short.  The main responsibility of a PR is settling the estate of a decedent, but you may be wondering what it actually takes to settle an estate. Below is a brief synopsis of some key PR duties: (1)  Locate the Will. The most important document the […]

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What Happens If I Die Without A Will?

If you die without a Will in North Carolina, you lose control over a number of important decisions

As estate planning attorneys, we often get the question: “Who needs an estate plan?”  The answer is: “EVERYONE!”  Studies have shown that only 42% of American adults currently have an estate plan in place.  For the 58% of Americans who don’t have an estate plan, dealing with intestacy laws and the probate process places a huge burden on loved ones left behind. If you die without a Will in North Carolina, you lose control over a number of important decisions.  North Carolina’s default statutes provide what happens upon your death, regardless of your particular situation or circumstance: (1) Intestacy laws […]

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Will vs. Revocable Trust; Why Burt Reynolds Chose to Exclude His Son from His Will?

Burt Reynolds Estate Planning

The passing of movie icon Burt Reynolds brings to light how certain estate planning techniques differ as they unfold. Selecting a revocable trust – versus only a Will – as Burt chose to do for the benefit of his son, Quinton, has its advantages. One that’s highlighted in the current stories about Burt’s passing is privacy. A simple Will is part of the probate process and its terms are public. On the other hand, the terms of a revocable trust are private and confidential. Just as important (and maybe more so in a world where digital crimes are more prevalent), […]

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