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Living Will

a/k/a "Advance Directive"

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A Living Will is a legal document stating your wishes regarding the withholding or termination of life-support. Since a Living Will is authorized by State law, the form that it takes will vary from state-to-state.   

 

North Carolina's Living Will statute is also called the Right to a Natural Death and can be found at
§ 90‑321 of the North Carolina General Statutes.

 

Your Living Will must be witnessed by 2 persons who are not employees of a health care facility in which you are receiving care and who will not receive any assets from your estate.  You and your witnesses must sign the Living Will in the presence of a Notary Public.​

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Pour-Over Will

a/k/a "Last Will and Testament"

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A Pour-Over Will is a legal document that directs someone (an "Executor" or "Personal Representative") to distribute assets on one’s death through “probate,” a process in which those distributions must first be approved by the Clerk of Probate Court.​

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Duties of a Personal Representative:

  • Inventory the Estate & obtain appraisals;

  • Pay outstanding expenses & claims;

  • File state and federal tax returns;

  • May have to deal with demanding heirs;

  • Distribute the assets according to the terms of your will

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