Estate planning is simply the process of getting legal documents in place so that your chosen individuals are appointed to take care of you, your children, your assets, and your finances in the event of your death or incapacity. The process also involves naming the people you want to inherit your assets when you are gone. An “estate plan” is simply a bundle of all the documents needed to accomplish these objectives.

If you don’t currently have a will or trust, you may think you don’t have an estate plan … but you do. It’s just that the state of North Carolina has written it for you! All states have a default plan for your family and assets in the event of your incapacity or death. That’s the plan you have now. Estate planning is “opting out” of the default plan and putting your own wishes in place.

No. This is the biggest myth out there. Estate planning is in no way related to how much money you have, whether you are a married, or whether or not you are a parent.

Estate planning is the process of putting legal documents in place that ensure your assets will go to the people you want, the way you want, when you are gone. It’s about making this as easy as possible on your loved ones during an otherwise difficult time. And we all care about that, no matter how much (or how little) money we have.

It’s also about appointing people to manage your property and make health care decisions for you if you are incapacitated, something that matters to all of us regardless of wealth status.

We have an easy 3-step process designed to have your trust or will and other estate planning documents created and signed in 6-8 weeks. It depends in part on your schedule and how long it takes for you to review your draft documents.

1. The first step is to attend your Peace of Mind Planning Session. You’ll fill out a secure online questionnaire (“Family Profile”) before we meet so we can make the best use of our time together. At this Zoom session, you’ll learn all about your options and our flat fees. When you are ready to move forward, we’ll email you an engagement letter and invoice, both of which can be executed online.

2. Next is your Estate Plan Design Meeting. We’ll roll up our sleeves and design your trust or will and other estate planning documents, working off the information you provided in your Family Profile. After this session, I’ll draft your documents, and send a copy for your review about 2 weeks later. We’ll then make any changes or updates you’d like to make. When everything is good to go, we’ll coordinate an in-person Signing Ceremony.

3. Your Signing Ceremony is where you’ll sign your documents with the proper legal formalities, in front of two witnesses and a notary. We can have this session at your home.

When you are ready to move forward, whether at your Peace of Mind Planning Session, or later, let me know. We’ll send you an engagement letter via DocuSign and an invoice via our secure online payment portal. Once these housekeeping items are taken care of, you’ll schedule your Estate Plan Design Meeting.

Let me start by saying what we do NOT need! We do NOT need account statements, social security numbers, or tax returns.

We DO need information on what kind of assets you own (house, retirement account, life insurance, etc.), their relative value, and how they are titled (jointly, individually, etc.) Beyond that, we simply need answers to questions about your personal estate planning preferences, including:

• Who you would want raising your minor children if something happened to you and your spouse or partner?

• Who you want to be in charge of your children’s money until they are old enough to mange it themselves?

• Who you want making medical and financial decisions for you in the event of your incapacity?

Don’t worry if you don’t have the answers to these questions right away! You’ll have plenty of time to think things over throughout the process.

It depends! Estate planning is not one size fits all, so it’s hard for us to give you a quote without knowing more about you. Even if you believe your situation is relatively simple, there are likely nuances you are not considering.

We discuss our fees and process at length in the Peace of Mind Planning Session, after we have counseled you on all your options. We do not discuss our fees outside the Peace of Mind Planning Session.

We understand that cost is an important factor in choosing an attorney, and that estate planning is a significant investment for many. It is our goal to be as transparent and fair as possible. For that reason, we offer flat fees as opposed to billing by the hour, so you know exactly what your investment will be. We also offer a 100% satisfaction guarantee.

Finally, we will only recommend planning with us if the amount you would save by doing an estate plan is greater than our fee.

No. Wills, trusts, and other estate planning documents need to be signed with very specific formalities or they will not be considered legally valid. That means signing in person, in front of 2 witnesses and a notary (which we provide).

The witnesses are there to confirm you are lucid and not under duress, and the notary is there to confirm you are who you say you are. Any changes you make to your documents in the future will need to be executed with the same legal formalities.

No problem! A living trust can be changed or revoked entirely as long as the creator is alive and has mental capacity to do so. Any guardians for minor children can also be changed through an amendment (called a “codicil”) to your pour-over will.

All other estate planning documents (power of attorney, health care power of attorney, etc.) are typically recreated as it is more cost-effective.

The main point is that your documents can (and probably will be) updated as your life, your assets, and the law all change.