The Risks of Not Having an Estate Plan
- kingrowelaw
- 21 hours ago
- 2 min read
When it comes to protecting your loved ones and your assets, few legal tools are as powerful—or as overlooked—as an estate plan. At King & Rowe, Attorneys at Law, our experienced team of local attorneys has seen firsthand the confusion, expense, and conflict that can arise when someone passes away without proper planning. If you’ve been searching for estate planning attorneys near me, let us walk you through the risks of not having an estate plan—and how you can avoid them.
1. Your Assets May Not Go Where You Want
Without a will or trust, your assets are distributed according to North Carolina’s intestate succession laws (NC Gen. Stat. § 29-15). This means the state decides who inherits what, regardless of your personal wishes or family dynamics. Spouses, children, or even distant relatives may inherit in a way that doesn't reflect your true intentions.
2. Unnecessary Financial Burdens on Your Family
Dying without an estate plan often leads to prolonged probate proceedings, higher court costs, and potential tax consequences. Your loved ones may be left to navigate complex legal processes during an already emotionally difficult time. Estate planning can minimize or even avoid probate altogether, easing the burden on your family.
3. Loss of Control Over Health and Financial Decisions
Estate planning isn’t just about what happens after you pass—it also protects you during your lifetime. Without a power of attorney or health care directive, decisions about your finances and medical care could be made by someone the court appoints—not necessarily someone you trust. As local attorneys serving Hickory and surrounding areas, we help you ensure your voice is heard even if you become incapacitated.
4. Increased Risk of Family Conflict
Lack of clarity about your wishes can lead to disputes among surviving family members. Siblings may disagree over inheritances, or multiple people may believe they should be in charge of your estate. A clear estate plan, including a named executor or trustee, helps reduce tension and maintain family harmony.
5. No Guardian Named for Minor Children
If you have minor children and haven’t legally named a guardian, the court will decide who raises them. This can lead to custody battles or placement with someone you wouldn't have chosen. Proper estate planning ensures your children are cared for by someone you trust and who shares your values.
6. Missed Opportunities to Protect Special Needs Beneficiaries or Preserve Government Benefits
Without special provisions in place—such as a special needs trust—your estate could unintentionally disqualify a loved one from receiving essential government benefits like Medicaid or Supplemental Security Income (SSI). Estate planning allows you to provide for these individuals without jeopardizing their eligibility.
Protect What Matters Most – Contact a Local Estate Planning Attorney Today
At King & Rowe, Attorneys at Law, we serve Hickory, Newton, and the surrounding communities with estate planning services tailored to your unique needs. Whether you need a simple will, power of attorney, or a comprehensive estate plan, our local attorneys are here to help.
Looking for estate planning attorneys near me? You’ve found experienced, compassionate counsel right here in Hickory, North Carolina.
📍 11 East A Street, Newton, North Carolina 28658
📞 828.466.3858
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