Estate Planning

An estate plan is a collection of legal documents that ensures your assets, property, and wishes are carried out after your death or if you become incapacitated. A complete plan can include a Will, Power of Attorney, Healthcare Directive, and sometimes a Trust. Without an estate plan, North Carolina's intestate laws decide who receives your property — not you. Creating a plan gives you control, protects your loved ones, and can help avoid unnecessary court costs or family disputes.

A Will directs how your property is distributed after death and names a guardian for minor children. It must go through probate court before assets are transferred. A Trust, on the other hand, can hold and distribute assets without probate, offering more privacy and efficiency. Trusts can also provide long-term management of assets for beneficiaries and can be beneficial for larger or more complex estates.

If you die without a valid Will, you are considered to have died "intestate." North Carolina law then determines who inherits your assets, typically starting with your spouse and children. If no close relatives exist, more distant family members may inherit. Without a Will, you lose the ability to choose who receives your property, who serves as executor, and who cares for your minor children — making estate planning essential.

A will directs how your property is distributed after death, while a living will (or advance directive) outlines your healthcare wishes if you become incapacitated.

While online forms exist, an attorney ensures your will meets all legal requirements and properly reflects your intentions — helping prevent disputes or invalidation later.

Yes. You can update your will at any time through a codicil or by drafting a new will that revokes the old one.

Yes. When drafted correctly, signed voluntarily, and with full financial disclosure, prenuptial agreements are enforceable under state law.

A prenuptial agreement is signed before marriage; a postnuptial agreement is signed after the couple is already married. Both serve similar purposes.

No. North Carolina law does not allow custody or child support terms to be pre-determined in a prenuptial or postnuptial agreement.

It's strongly recommended. Independent legal counsel for each spouse helps ensure fairness and strengthens enforceability in court.