WILLS & TRUSTS
Wills & Trusts in North Carolina
Creating a will or trust isn’t just about preparing for the end—it’s about protecting the people, property, and intentions that matter most. At NicholsonPham, we offer personalized estate planning services, including wills, revocable and special needs trusts, powers of attorney, and advance directives, all designed to ensure your wishes are honored and your loved ones are protected.
We provide estate planning for clients of all backgrounds and family structures, including those with unique or sensitive considerations such as genetic material, digital assets, or non-traditional beneficiaries. Our work is grounded in experience, clarity, and respect.
Wills: Clarity and Control for the Future
If you die without a will in North Carolina, your estate will be distributed according to state law—not according to your personal wishes. This can leave your property in the hands of unintended heirs, delay the probate process, and create unnecessary expense and confusion for your loved ones.
A valid will allows you to:
- Choose how and to whom your property is distributed
- Nominate a guardian for your minor children
- Name an executor to carry out your wishes
- Ensure that loved ones outside of the default statutory scheme—including friends, chosen family, or charitable organizations—are protected
Our attorneys make the process of drafting a will simple, straightforward, and tailored to your life. We’ll help you think through not only financial assets but also the personal and emotional decisions that deserve legal protection.
Trusts: Protecting What Matters Most
In certain cases, especially for clients with substantial or complex estates, a trust may be the best way to manage, protect, and transfer assets. Trusts can help reduce estate taxes, avoid probate, and ensure long-term care or support for loved ones with special needs or unique circumstances.
We assist clients with a range of trust options, including:
- Revocable living trusts, which allow you to retain control of assets during your lifetime and simplify the transfer of those assets after death
- Special needs trusts or supplemental needs trust, which preserve access to government benefits for a beneficiary with a disability
- Trust provisions for unique assets such as frozen embryos, pets, or digital property
Our attorneys will help you evaluate whether a trust is appropriate for your situation and draft a clear, enforceable document aligned with your estate planning goals.
What Goes Through Probate?
Some assets pass outside of probate (like jointly held accounts or life insurance with a named beneficiary), but others require a will or trust to guide their distribution. These commonly include:
- Bank accounts that are not jointly held or designated payable on death
- Tangible personal property, such as vehicles, jewelry, art, or collectibles
- Real estate not titled jointly with survivorship rights
- Digital assets like email, social media, and online subscriptions
- Genetic material, such as embryos, if no directive is in place
NicholsonPham’s estate planning process includes a comprehensive questionnaire that helps you identify these and other key considerations—including non-financial assets like pets, family heirlooms, and sentimental items.
Experience You Can Trust. Protection Your Family Deserves.
Whether you're planning for a secure future, navigating complex assets, or ensuring your chosen family is protected, NicholsonPham is here to help. Our estate planning attorneys combine legal insight with compassionate guidance to create plans that work in real life. Schedule a consultation today and take the next step toward peace of mind.
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.