Estate planning
Your will, trust, and powers of attorney should reflect your family and your wishes. This page explains what each document does and when you need it.
The documents that make up a plan
An estate plan is not a single document. It is a coordinated set of instructions covering what happens to your property, who manages your finances if you become unable to, and who cares for your children if both parents are gone. The combination of documents you need depends on your family, your assets, and your goals. We help you decide which ones fit your situation, then draft each one carefully.
A will
A will (formally, a last will and testament) names the people who receive your property after you die. It can also designate a guardian for minor children and name an executor to carry out your instructions. In North Carolina, a will must be signed in the presence of two witnesses and a notary to be valid. Property that passes under a will moves through the probate process before it reaches your beneficiaries. For many families, a well-drafted will is the right starting point and may be all that is needed.
Read our plain-language guide: what a will does
A revocable living trust
A revocable living trust holds title to your property during your lifetime and passes those assets to your chosen beneficiaries at death without going through probate. Because probate is bypassed, your estate settles faster, with more privacy, and often at less cost to your family. A trust also gives your successor trustee authority to manage your assets if you become incapacitated, something a will alone cannot do. A trust requires more setup than a will, but day-to-day administration is straightforward.
A trust is worth considering if you own real property in more than one state, have a blended family, want to avoid probate, or anticipate a period of incapacity. A will alone may be enough if your estate is straightforward and probate timeline or cost is not a concern.
Read our plain-language guide: what a trust is for
Will or trust: a simple way to decide. A will is generally sufficient for a straightforward estate where all property is in one state and probate is not a concern. A trust adds value when you own property in multiple states, want the settlement to remain private, need to plan for possible incapacity, or have a more complex family situation. We will tell you plainly which approach fits your circumstances.
Durable financial power of attorney
A durable financial power of attorney names a person (your agent) to manage your finances on your behalf if you become unable to do so. Your agent can pay bills, manage bank accounts, file tax returns, and handle other financial matters. Without this document, a family member who needs to act on your behalf must first obtain a court order, which takes time and money that could otherwise benefit your family.
Guardianship designations for minor children
If you have children under 18, your will can name a guardian to care for them if both parents die. Courts give this designation serious weight when making their decision. Without it, the court chooses entirely on its own. Naming a guardian is one of the most consequential decisions a parent can record in writing, and it costs nothing extra to include.
Beneficiary designations
Life insurance policies, retirement accounts, and payable-on-death bank accounts pass directly to the named beneficiary, outside your will or trust entirely. An outdated beneficiary form can override a carefully drafted plan and send assets in an unintended direction. We review your designations as part of every estate plan and note where updates are needed.
What we prepare
- Last will and testament
- Revocable living trust, when appropriate
- Pour-over will to accompany a trust
- Durable financial power of attorney
- Guardianship designation for minor children
- Beneficiary designation review and written recommendations
Put your plan in place
A first conversation costs nothing. Tell us about your family and we will recommend the documents that fit your situation, at a flat fee agreed before any work begins.