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What Does a Court do When I Create an Estate Plan in Greensboro? 3 Commonly Asked Questions

Will I have to get court approval when I make an estate plan in Greensboro?

Not really. The court won’t usually play a role in the process of creating an estate plan unless something goes wrong. While a court will get involved after you die, you won’t have to worry about going to court when you create your plan in Greensboro.

To explain this better, let’s take a look at a common estate planning scenario. You and your spouse decide that it’s time to create an estate plan. So, you call a lawyer, go in for your first meeting, and go about the process of creating the documents and tools that will comprise your plan. This might take several weeks or longer, but it won’t involve much more than asking questions, making decisions, and creating some essential documents. Once you’re finished, you’ll have to review your plan every so often and possibly make changes, but that’s about it.

After you die, your family will likely have to go to court to make sure that you made your choices correctly, and to see them carried out, but you will likely never have to go to court while you make a plan. You also usually don’t need to get any court approval to begin, or modify, the choices you make.

If I don’t go to court, how will I know if I make my choices in a legal way?

Have you ever signed a loan, applied for a license, or done anything else that involves legal documents? If so, did you have to get court approval in during the process? Probably not.

Courts don’t usually get involved in estate plans unless a problem arises. There is no law that requires a court, or government body of any kind, to give you permission to make an estate plan, or approve the planning tools you make. Like entering into an agreement or contractual relationship, you are free to make these decisions on your own.

However, there are laws that state, if you want to make a plan, that the pieces you make have to comply with certain requirements. This is why it’s so important to talk to a lawyer when you make an estate plan. Your lawyer knows what requirements apply, and knows how to make sure your plan is compliant.

When should I worry about court?

If you want to sue someone, challenge another person’s decision, or defend yourself against another person challenging your choices, you’ll likely have to go to court. Estate litigation is the general term that includes any estate planning issues that end up in a lawsuit or court battle. If you’re worried about such a situation or have questions, you need to talk to a lawyer immediately.

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