Your Home Is One of Your Biggest Investments — Here’s How to Protect It

Before I was your neighborhood estate planning attorney, I was a first-time homebuyer—just like many of you have been. I had a newborn in my arms and a house we were excited to call our own.

Our inspection had come back clean. No red flags, no major issues. So we closed, packed up, and brought our baby to our new home

Then the surprises started.

Once we moved in, we discovered the prior owner’s pets hadn’t been house-trained. Flooring in several rooms was ruined. Cabinets were damaged to the point they were disintegrating (yuck!). What we thought was our fresh start suddenly felt overwhelming.

So we did what a lot of homeowners do when life doesn’t go according to plan—we got to work.

We ripped the floors up, installed new ones, tore out the cabinets, and replaced them ourselves—sanding, priming, painting, and hanging every piece.

It was exhausting. It was expensive. But it also made the house ours. And one thing became very clear: we had poured a tremendous amount of time, money, and heart into that home.

And if you own a home or rental property, chances are—you have too.

Which is why this month, I want to talk about protecting real estate—not just for the future, but during your lifetime.

Estate Planning & Real Estate in 2026

For many families, real estate is the single largest asset they own. But estate planning for property isn’t just about who gets the house someday. It’s also about protecting what you’ve built from lawsuits, creditors, and unexpected risks along the way.

If someone is injured on a rental property or a dispute turns into a lawsuit, assets held in your personal name may be exposed—including your home, your rentals, and other property. Asset protection planning is designed to reduce that risk while staying fully within the law.

Here are a six  practical ways property owners can protect themselves:

1. Robust insurance - Landlord and umbrella policies can help cover injuries, property damage, and certain legal claims.

2. Limited Liability Companies (LLCs) - Placing rentals in properly structured LLCs can help keep an issue with one property from affecting everything else you own.

3. Trusts - The right trust can add privacy, simplify inheritance, and help avoid probate—while supporting long-term asset protection.

4. Risk reduction - Careful tenant screening, clear leases, and working with licensed, insured contractors can significantly reduce risk.

5. Smart equity planning - Properties with large, easily identifiable equity can attract legal risk, so planning how and where equity is held is an important part of protection.

6. Homestead and state protections - North Carolina law can protect up to a set amount of equity in your primary home if certain criteria.

LLCs in Other States and Long‑Term Planning

Some people look at Nevada or Wyoming LLCs for extra privacy or legal benefits. However, the law of the state where the property actually sits usually controls, so an out‑of‑state LLC may not give as much protection as advertised. Asset protection also overlaps with wealth preservation: using trusts and other tools can reduce taxes, avoid probate, and make it easier for your heirs to manage and inherit properties.

Bottom Line

You've put your heart into your home and properties. Whether you laid floors yourself like I did, or you've invested your savings into rental properties, that work deserves protection.

If you own rentals or other real estate and want to protect both the property and your family, Smart Law can review your situation, explain your options in plain language, and help design a plan that fits your goals.

Ready to protect what you've built? Schedule a Peace of Mind Planning Session HERE.