Serving our Clients from the North Carolina Mountains to the Sea
Probate & Estate Administration
Estate administration, commonly referred to as Probate, is the legal process required to settle the affairs of a deceased person. In North Carolina, the Clerk of Superior Court is the Probate Judge. The Clerk appoints a Personal Representative to administer the deceased’s property, pay the final bills, satisfy the claims against the estate, and distribute the deceased’s property to the heirs. The law requires the Personal Representative to follow strict laws and procedures in the administration of the estate. In some estates, it may be necessary for the Personal Representative to participate in hearings before the Clerk. The attorneys at Garlock & McKinney have vast experience working with clients in successfully navigating the probate and estate administration process.
Probate & Estate Administration
Estate administration, commonly referred to as Probate, is the legal process required to settle the affairs of a deceased person. In North Carolina, the Clerk of Superior Court is the Probate Judge. The Clerk appoints a Personal Representative to administer the deceased’s property, pay the final bills, satisfy the claims against the estate, and distribute the deceased’s property to the heirs. The law requires the Personal Representative to follow strict laws and procedures in the administration of the estate. In some estates, it may be necessary for the Personal Representative to participate in hearings before the Clerk. The attorneys at Garlock & McKinney have vast experience working with clients in successfully navigating the probate and estate administration process.
Guardianship
Guardianship is the area of law governing the legal process for determining whether an adult lacks the capacity to make and communicate decisions regarding the person’s own healthcare, personal needs, and property. For adults, guardianship is most commonly necessary when there is no person designated in powers of attorney to make decisions, which requires the Court to appoint a guardian. It also applies to minor children under the age of 18. The determination of incompetence in North Carolina requires a hearing before the Clerk of Court. Victor Garlock, Partner of Garlock & McKinney, is the Public Guardian in Buncombe County, who the Court appoints as the financial guardian of the estate for many adults whom the Court determines are legally incapable of managing their own finances. Mariah McKinney, Partner, represents Vic and other clients who are guardians in hearings before the Clerk, and she and her team assists them with the challenges of filing guardianship accountings with the Court.
Guardianship
Guardianship is the area of law governing the legal process for determining whether an adult lacks the capacity to make and communicate decisions regarding the person’s own healthcare, personal needs, and property. For adults, guardianship is most commonly necessary when there is no person designated in powers of attorney to make decisions, which requires the Court to appoint a guardian. It also applies to minor children under the age of 18. The determination of incompetence in North Carolina requires a hearing before the Clerk of Court. Victor Garlock, Partner of Garlock & McKinney, is the Public Guardian in Buncombe County, who the Court appoints as the financial guardian of the estate for many adults whom the Court determines are legally incapable of managing their own finances. Mariah McKinney, Partner, represents Vic and other clients who are guardians in hearings before the Clerk, and she and her team assists them with the challenges of filing guardianship accountings with the Court.
Wills & Trusts
An estate plan involves so much more than just having a will. Everyone has an estate plan. Some people have the plan they chose, and the others are stuck with the one State law decides for them. It is important for everyone to have the estate plan of their choosing! Many people do not realize that having an estate plan also includes documenting very important choices about who will make health care decisions and manage finances in the event of the loss of capacity to do so during life. Failure to formalize those choices in powers of attorney often leads to the court appointing a guardian over all a person’s assets as a result of incapacity to manage their own affairs. Once the court appoints a guardian, the court continues to govern and oversee all of the person’s assets for the rest of their life. Probate and guardianship are lengthy, expensive, complex, and overwhelming. Estate planning includes simplifying and minimizing probate even for assets of nominal value. It also includes planning to help avoid guardianship. Trusts are not always necessary, but can be helpful to minimize the effects of probate and guardianship and to make the distribution of assets easier. Special Needs Trusts offer asset protection to persons with disabilities. The attorneys at Garlock & McKinney have extensive experience helping clients obtain the estate plan that is best for them.
To get started please download one of our Questionnaires and contact our office at (828) 357-4510 to review or schedule a consultation.
Wills & Trusts
An estate plan involves so much more than just having a will. Everyone has an estate plan. Some people have the plan they chose, and the others are stuck with the one State law decides for them. It is important for everyone to have the estate plan of their choosing! Many people do not realize that having an estate plan also includes documenting very important choices about who will make health care decisions and manage finances in the event of the loss of capacity to do so during life. Failure to formalize those choices in powers of attorney often leads to the court appointing a guardian over all a person’s assets as a result of incapacity to manage their own affairs. Once the court appoints a guardian, the court continues to govern and oversee all of the person’s assets for the rest of their life. Probate and guardianship are lengthy, expensive, complex, and overwhelming. Estate planning includes simplifying and minimizing probate even for assets of nominal value. It also includes planning to help avoid guardianship. Trusts are not always necessary, but can be helpful to minimize the effects of probate and guardianship and to make the distribution of assets easier. Special Needs Trusts offer asset protection to persons with disabilities. The attorneys at Garlock & McKinney have extensive experience helping clients obtain the estate plan that is best for them.
To get started please download one of our Questionnaires and contact our office at (828) 357-4510 to review or schedule a consultation.
Trust Administration
A Trustee has extraordinary responsibilities to ensure the proper administration of the trust. The attorneys at Garlock & McKinney offer advice and support to Trustees to give them confidence in fulfilling their role. Mariah McKinney, Partner, provides representation of Trustees who are involved in disputes and contested hearings. Victor Garlock, Partner, serves as Trustee and Successor Trustee in some cases. Also, he provides fiduciary support services to Trustees through Fidelicare, Inc. To learn more about the services offered by Fidelicare, visit www.fidelicare.net.
Trust Administration
A Trustee has extraordinary responsibilities to ensure the proper administration of the trust. The attorneys at Garlock & McKinney offer advice and support to Trustees to give them confidence in fulfilling their role. Mariah McKinney, Partner, provides representation of Trustees who are involved in disputes and contested hearings. Victor Garlock, Partner, serves as Trustee and Successor Trustee in some cases. Also, he provides fiduciary support services to Trustees through Fidelicare, Inc. To learn more about the services offered by Fidelicare, visit www.fidelicare.net.
Fiduciary Representation
When a Personal Representative, Guardian, Financial Agent (in a power of attorney), or Trustee is involved in a contested or disputed matter, they need sound advice and seasoned representation. Mariah McKinney, Partner, represents clients who serve in those important fiduciary roles when they are navigating disputed issues. It is always best to seek the advice and assistance of counsel before a dispute arises. The attorneys at Garlock & McKinney are dedicated to helping those in fiduciary roles to properly fulfill their responsibilities from the very beginning to help minimize the potential for disputes to arise. Sometimes that assistance is fiduciary support provided by Fidelicare, www.fidelicare.net. We understand that disputes are unavoidable at times, and in those situations, Mariah McKinney provides representation to her clients.
Fiduciary Representation
When a Personal Representative, Guardian, Financial Agent (in a power of attorney), or Trustee is involved in a contested or disputed matter, they need sound advice and seasoned representation. Mariah McKinney, Partner, represents clients who serve in those important fiduciary roles when they are navigating disputed issues. It is always best to seek the advice and assistance of counsel before a dispute arises. The attorneys at Garlock & McKinney are dedicated to helping those in fiduciary roles to properly fulfill their responsibilities from the very beginning to help minimize the potential for disputes to arise. Sometimes that assistance is fiduciary support provided by Fidelicare, www.fidelicare.net. We understand that disputes are unavoidable at times, and in those situations, Mariah McKinney provides representation to her clients.
