Melanie Clayton
If I Don't Have an Estate, Do I Really Need an ...

You don’t need to live in the Biltmore House, have a vacation home, or have a private art collection big enough to rival MOMA to consider yourself the owner of an estate. In fact, virtually anyone who owns anything has an “estate” in the eyes of the law. Although the term may conjure images of mansions and flashy cars, for the purposes of estate planning law, the term “estate” covers a whole lot more.

If I Don't Have an Estate, Do I Really Need an Estate Plan?
Melanie Clayton
New Year, New Office!

We are pleased to announce the relocation of our law practice to Wall Street in downtown Asheville. 

New Year, New Office!

property after death

Real Estate . . . When does it “real”ly transfer to my heirs?

Real Estate . . . When does it “real”ly transfer to my heirs?

When people say that real property (which refers to real estate such as your home, as opposed to personal property such as your chairs, tables, jewelry, etc) passes “outside of probate” what does that mean? Simply put – real estate transfers to the new owner at the time of the decedent’s death. It is not subject to the probate process and it transfers immediately (with some provisions that we touch on below).