Wills & Trusts

An estate plan involves documents that protect you and your assets both during your life and after. Wills and trusts are the documents for ensuring your wishes are carried out after your life.  Not every person needs a trust, in fact, most people probably do not need a trust (for more information see our resource page).  Whether you need a will or a trust, both documents serve the basic purpose of stating who gets your assets when you pass and who will be in control of collecting and distributing those assets.  Additionally, under a will, you appoint a guardian for your minor children if you pass before they turn 18.

Most people do not think they need a will because they are young and have a long time to live. Of course, we hope that is the case, but we are not in the business of betting and like to be prepared for any outcome.  If you die and do not have a will, NC Intestacy law will determine how all your assets are divided.  Whether you are married and have children or are married and have no children, the state says your spouse does not get 100%.  For example, if you are married and have no children, but have surviving parents, your spouse and surviving parents would now be co-owners of any real estate you own.  This is probably not an ideal situation for either party.