ESTATE PLANNING FOR REAL LIVES AND CHOSEN FAMILIES

Life changes quickly, and sometimes profoundly. At NicholsonPham, we know that estate planning is rarely a standalone legal task. It’s often the natural next step for our existing clients who have recently welcomed a child, finalized a divorce, secured parental rights, or redefined their family structure. Whether your goals are financial, protective, or simply practical, we’re here to help you carry them forward—clearly and confidently.

We draft wills, trusts, and legal directives for individuals and families of all kinds, with deep sensitivity to how sexual orientation, gender identity, co-parenting, blended families, and non-traditional relationships can shape the meaning of legacy and protection.

More Than a Will—A Plan for Protection

A well-crafted estate plan ensures your loved ones are provided for, your health care wishes are respected, and your property is distributed according to your values—not outdated default laws.

If you don’t have an estate plan, the State of North Carolina has one for you, and it may not be what you wanted.

Our team can help you with:

Simple wills and complex wills: tailored to your family and financial situation
Revocable living trusts: including provisions for minor children, blended families, or privacy concerns
Special needs trusts or supplemental needs trusts: for loved ones who require long-term financial protection
Durable powers of attorney: so someone you trust can manage your affairs if you cannot
Health care powers of attorney and advance directives: to ensure your healthcare and end-of-life wishes are honored

We work with clients of all ages and stages, and provide straightforward, nonjudgmental guidance—especially for those who’ve been marginalized or excluded by more traditional estate planning models.

Why Estate Planning Matters for LGBTQIA+ Clients

For LGBTQIA+ individuals and families, estate planning is not just a good idea—it’s essential. Without legally binding documents in place, unsupportive relatives, outdated assumptions, or legally ambiguous relationships can lead to conflict, delays, and even legal challenges after death or incapacity.

Our attorneys understand how to structure plans that reflect the reality of our clients’ lives and protect the people who matter most. Whether you’re married or unmarried, co-parenting, polyamorous, or estranged from biological family, we will ensure your documents work the way you intend.

Key Takeaways

Estate planning is a logical next step after adoption, surrogacy, divorce, or major life transition
We create wills, trusts, powers of attorney, and advance directives customized to your needs
LGBTQIA+ clients benefit from precise, protective planning that anticipates family complexity
Clients receive one-on-one attention, with over 30 years of combined legal experience
We approach every plan with sensitivity, clarity, and confidentiality

Protect Your People. Secure Your Peace of Mind.

NicholsonPham provides inclusive, intelligent estate planning rooted in a deep understanding of your real life—not just your legal paperwork. Let us help you protect your family, whatever shape it takes.

Schedule a consultation to get started.

ESTATE PLANNING SERVICES

(919) 883-4900

Estate Planning FAQs

Do I have to name my family members in my will for it to be valid?

No, but there are limitations. If you are married when you die and your spouse has not otherwise signed a disclaimer (such as may be in a separation agreement), your surviving spouse will have the right to ask for a minimum of your estate’s assets. How much your spouse can ask for depends on the length of your marriage. This is called a “spousal election” and North Carolina statutes control the amount.

What if I need to amend my will?

I’ve remarried or divorced or adopted a child since my last will was signed. How will this affect my present will?

We always recommend that folks sign a new will after major life changes such as death, remarriage, divorce, adoption or the birth of a new child. However, North Carolina law steps in to help in certain circumstances. If you have divorced your ex-spouse since your last will was executed, North Carolina will ignore the parts of your will that reference your ex-spouse. If you have married since your last will was executed, North Carolina law will give your present spouse a “spousal election” in the event of your death, even if your will doesn’t reference your wife or husband. If you have adopted a child since your will was last executed, North Carolina law automatically includes adopted children

Can I include people outside my biological or legal family in my estate plan?

Yes. North Carolina law allows you to leave property or assign responsibilities to anyone you choose, regardless of biological or legal ties. That includes friends, chosen family, co-parents, caregivers, or community members. A properly executed will or trust ensures that your wishes are honored, even if they differ from what the law would otherwise default to. This is especially important for the unmarried, LGBTQIA+ individuals, or those estranged from family of origin.

What’s the difference between a will and a living trust?

A will is a legal document that outlines how your assets should be distributed after your death. It only becomes effective upon death and must go through probate court. A living trust, on the other hand, takes effect while you're still alive and allows you to place assets into a trust managed by a trustee (which can be you, initially). Assets are typically transferred during your lifetime and you manage those assets until your death. Upon your death or incapacity, your trustee can manage or distribute those assets without court involvement. Trusts can offer more privacy and flexibility—especially for clients with complex family structures or privacy concerns.

What things are covered under my will?

What things are not covered under my will?

What kinds of information will you need before you draft my will?

NicholsonPham has a questionnaire that will ask you to make certain decisions about how you want your assets divided among your beneficiaries. It is important to think about how you want your assets divided in context to other extra-testamentary gifts (like a life insurance policy). The lawyers will also ask you about other types of assets that are hard to value, but can be priceless, like genetic material that is being stored for you, your pets and/or your online accounts.

How can I make sure my healthcare wishes are respected if I become incapacitated?

To protect your healthcare decisions, you need a Health Care Power of Attorney and an Advance Directive (Living Will). These documents allow you to name someone you trust to make medical decisions on your behalf and to specify the types of care you do—or do not—want if you’re unable to speak for yourself. Without these documents in place, critical decisions could fall to someone who doesn't know your wishes or whom you wouldn’t choose. Our firm can help you create clear, enforceable directives tailored to your values.

ESTATE PLANNING FOR REAL LIVES AND CHOSEN FAMILIES

More Than a Will—A Plan for Protection

Why Estate Planning Matters for LGBTQIA+ Clients

Key Takeaways

Protect Your People. Secure Your Peace of Mind.

ESTATE PLANNING SERVICES

Estate Planning FAQs

Important Family Law Library Articles

Grandparents’ Visitation & Custody Rights in North Carolina

ART Issues in Estate Planning: Why Not All Children Are Equal

Domestic Violence Protective Orders in North Carolina

Year-End Estate Planning Considerations

NicholsonPham Earns Tier 1 Recognition in 2026 Best Law Firms for Family Law

Yikes! I Got Married and Forgot to Get a Prenup. Can I Get a Prenup After Marriage?

Can you change your gender marker on passports now? This is what we know.

NicholsonPham Recognized in 2025 Best Law Firms as a Metropolitan Tier 1 Family Law Firm

Gestational Surrogacy Law Changes and Their Impact on Care in North Carolina

SET YOUR CONSULTATION

Information About You

Information About the Other Party