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are provided for, your health care wishes are respected, and your property is distributed according to your values—not outdated default laws.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 Without legally binding documents in place, unsupportive relatives, outdated assumptions, or legally ambiguous relationships can lead to conflict, delays, and even legal challenges after death or incapacity.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
Estate Planning FAQs
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.
In cases where only a small or slight change is necessary, we can amend your will by drafting a Codicil. However, if you have multiple edits or major life changes since your last will, it may be easier and cheaper to start with a new draft. When you first consult with NicholsonPham, the attorney will go through your amendments to determine which is the right route.
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
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.
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.
The types of assets that CAN go through probate are as follows:
- Bank accounts that are not jointly held or payable on death
- Tangible personal property, such as cars, jewelry, household goods, art, collectables
- Houses and real estate that are not titled as a tenancy by the entireties
- Digital assets, such as online accounts
- Embryos or other genetic material that is being stored for you
Certain items pass outside of the will. They are called “extra testamentary” gifts. Examples of those types of items are:
- Retirement accounts with a named beneficiary
- Life insurance with a named beneficiary
- Payable on death accounts (such as a bank account)
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.
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.