Estate Planning for Western North Carolina Families

Most adults benefit from having a will. A will allows you to decide who receives your property, name your executor, and make provisions for minor children or other beneficiaries. Clear instructions avoid disagreements about who should be in charge and reduce the potential for disputes among family members and beneficiaries.

Without a will, North Carolina law determines who inherits your property and who may administer your estate—and the result may not be what you would have chosen.

Probably not. Despite what you may have heard, most people do not need a trust as part of their estate plan. A well-drafted will, powers of attorney, and thoughtful beneficiary designations are often enough to accomplish a family’s goals without the additional cost and complexity of creating and maintaining a trust.

Trusts can be very useful in the right circumstances. We may recommend one for clients with active businesses, property in multiple states or countries, complex plans for distributing assets, beneficiaries with disabilities or other special circumstances, or significant estate-tax concerns.

Our goal is not to sell you the most complicated estate plan we can create. We’ll talk with you about your family, your assets, and what you want to accomplish, then recommend the simplest plan that meets your needs.

If you die without a will, North Carolina’s intestacy laws determine who inherits your property—and the result is often more complicated than you expect.

For example, if you are married and have children, your spouse may not inherit everything. Your spouse and children will share your estate. If you don’t have children, your parents may be entitled to a share of your estate, even if your parents are divorced.

You also lose the ability to name the person you want to administer your estate. Someone must apply to the court to be appointed, and if family members disagree about who should serve, the process can become more complicated. An administrator may also be required to obtain a bond unless an exception or waiver applies.

A will lets you make those decisions yourself: who receives your property, who will be in charge, and how your estate should be handled. Even a relatively simple will can make things much easier for the people you leave behind.

Your Executor should be someone you trust to be responsible, organized, and fair. They do not need to be a lawyer, accountant, or financial expert. We can help them navigate the legal process. But they should be someone who will communicate with beneficiaries, keep good records, follow through on deadlines, and carry out your wishes.

Family dynamics matter, too. The person who is closest to you emotionally is not always the best person to administer your estate, particularly if there is likely to be conflict among beneficiaries. We’ll talk with you about your options and help you choose someone who is well suited to the job.

We recommend reviewing your estate plan at least every five years and any time you experience a major life change. Marriage, divorce, the birth or death of a child or other beneficiary, a significant change in your finances, or a move to another state are all good reasons to review your documents.

A review does not necessarily mean you need a new estate plan. Sometimes your existing documents still accomplish exactly what you want. We can review them with you and recommend changes only when they are actually needed.

The cost depends on the complexity of your estate and the planning you actually need. A simple will for one person may cost around $750, while a complete estate plan for a couple is typically around $1,500. More complex planning involving trusts or other specialized provisions may range from $5,000 to $7,500.

We’ll discuss fees with you before beginning the work. Just as importantly, we won’t recommend a more complicated—and more expensive—estate plan simply because we can. Our goal is to recommend the simplest plan that meets your needs.