Frequently asked questions

A will is a written document that takes effect at death and passes through probate, the court-supervised process for distributing a deceased person's estate. A revocable living trust is a separate legal arrangement that holds your assets during your lifetime and transfers them to your chosen beneficiaries after death, typically without court involvement. Both serve important purposes, and many families benefit from having both in place.

Yes. Even with a living trust, a "pour-over" will is an important companion document. It captures any assets you did not transfer into the trust during your lifetime and directs them into the trust at death. A will is also the document that names a guardian for minor children, which a trust cannot do. The two documents work together rather than substituting for each other.

North Carolina recognizes two related documents. A living will (or advance directive) records your wishes about life-prolonging treatment if you become incapacitated. A healthcare power of attorney designates someone you trust to make medical decisions on your behalf when you cannot make them yourself. Together, these documents spare your family from guessing and reduce the risk of disagreements during an already difficult time.

Dying without a will is called dying "intestate." North Carolina's intestacy statutes determine how your estate is distributed, and the result may not reflect your intentions. For example, a surviving spouse does not automatically receive the entire estate if there are children from a prior relationship. A court appoints the administrator of your estate rather than someone you would have chosen. Your minor children's guardian is also left for a court to decide. A will avoids all of these uncertainties.

Probate is the court-supervised process of settling a deceased person's estate: proving the will, appointing an executor, notifying creditors, paying debts and taxes, and distributing the remaining assets to beneficiaries. In North Carolina, a straightforward estate can be closed in six to twelve months. Larger or contested estates may take longer. Proper planning, including the use of a living trust for significant assets, can reduce or eliminate the assets that pass through probate.

We work on a flat-fee basis. After our first conversation, we send you a written proposal that lists every document we recommend and one total fee, agreed before any work begins. There is no hourly billing and no surprise invoices. The fee reflects the complexity of your situation, and we will not propose documents you do not need. Most individual estate plans fall within a predictable range, which we are happy to discuss once we understand your circumstances.

For most families, the process runs three to six weeks from the first consultation to the signing appointment. The initial conversation takes about an hour. We then draft the documents, send them to you for review, and schedule a meeting to go over every page before anything is signed. If your situation is straightforward and you respond to drafts promptly, it is sometimes possible to complete the work in less time.

Yes. Everything you share with us is protected by attorney-client privilege and the North Carolina Rules of Professional Conduct. That said, submitting the consultation form does not by itself create an attorney-client relationship. A formal engagement begins when both parties sign an engagement letter and agree on the scope of work. Until then, treat our conversations as exploratory, and we will be candid about whether and how we can help you.