Family Law Contracts & Estate Planning
Protecting Your Family with Certainty and Care
In a world where laws and policies can change with election cycles, families—especially LGBTQIA+ families and other non-traditional households—cannot afford to rely on assumptions about their legal rights. Whether you're married or not, parenting or planning, proactive legal protections are essential.
At NicholsonPham, we help clients create legally enforceable agreements that define their families, protect their assets, and safeguard their intentions, no matter how the political winds may shift.
Why Family Law Contracts Still Matter
Even with marriage equality being currently recognized at the federal level, the law is not always settled, and is never static. Rights once taken for granted can be narrowed, reinterpreted, or, in some cases, repealed. Family law contracts remain an important tool for securing stability in uncertain times.
Depending on your family’s needs, a family law contract may include:
- Cohabitation Agreements for unmarried partners who live together
- Pre- and Postnuptial Agreements that define financial rights and obligations
- Parenting Agreements that clarify custody, decision-making, and support, especially where one parent may not have a biological connection
- Donor Agreements for families who build through assisted reproduction
- Separation Agreements that resolve issues without the delay or unpredictability of court
These contracts are not just tools for when things go wrong—they’re affirmative declarations of who you are to each other, and what you intend.
Estate Planning as an Act of Protection and Empowerment
Estate planning is more than a set of documents—it is a legal blueprint that ensures your wishes are honored and your loved ones are protected. For LGBTQIA+ individuals and couples, estate planning has long been a quiet act of resistance and resilience, used to create legal kinship where the law once refused to recognize it.
Today, wills, trusts, healthcare directives, and powers of attorney remain essential—even for those who are married. These documents:
- Guarantee your partner or spouse can make medical decisions for you
- Ensure your children are cared for by the people you choose
- Provide financial access and decision-making authority during incapacity
- Prevent hostile family members or outdated laws from overriding your wishes
- Protect non-biological parents, especially in blended or chosen families
While the law has evolved, the need for airtight, proactive planning has not. In fact, in a time of social uncertainty and legal flux, it’s more important than ever.
Serving Families Who Refuse to Be Left Behind
At NicholsonPham, we have always served clients whose families didn’t fit the traditional mold—clients who understand that visibility does not guarantee protection. We know the complexities of family formation, the vulnerabilities of status quo reliance, and the power of written agreements to create lasting legal shields.
Whether you are starting a family, separating from a partner, raising children together, or thinking ahead about your legacy, we will help you take the steps that align with your values and stand the test of time.
Let Us Help You Build Legal Security That Lasts
Our team believes every family deserves dignity, autonomy, and legal protection. Let us help you safeguard what matters most. Contact NicholsonPham today to begin the process of drafting your family law contract or estate plan.
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.