Wills, Trusts & Estate Documents
Wills vs. Trusts – Getting the Basics Right
Understanding the core components of your estate plan
A well-constructed estate plan often begins with the decision between a will and a trust—or determining if both are necessary. A Last Will and Testament outlines how your assets should be distributed after your death and allows you to name guardians for minor children. However, wills go through probate, which can be time-consuming and public.
A Living Trust, on the other hand, enables your assets to pass directly to beneficiaries without probate and offers greater privacy and flexibility. It also allows you to plan for incapacity, as a successor trustee can step in to manage your affairs if needed.
Revocable Living Trusts & Other Trust Structures
Planning tools for greater control and flexibility
A revocable living trust is one of the most common and flexible estate planning vehicles. It allows you to maintain control of your assets during your lifetime and simplifies the transfer process after your death. For those with more complex needs, irrevocable trusts, such as charitable trusts, life insurance trusts, or spousal lifetime access trusts (SLATs), can offer tax advantages and protection from creditors.
While we don’t draft legal documents, we help you evaluate which trust structures may fit your broader financial plan and coordinate with your attorney to implement them effectively.
Other Essential Estate Documents
Supporting your plan with vital legal protections
A complete estate plan includes more than just wills and trusts. We help you ensure you’ve addressed the other key documents that protect your health, finances, and loved ones:
- Financial Power of Attorney: Authorizes someone to make financial decisions if you’re unable to do so.
- Healthcare Power of Attorney: Appoints someone to make medical decisions on your behalf.
- Advance Healthcare Directive / Living Will: Specifies your wishes for end-of-life care.
- HIPAA Authorization: Ensures your healthcare agent can access medical records.
These documents are essential for making sure your wishes are honored and for helping your loved ones avoid legal complications during difficult times.
Coordinating with Your Broader Financial Plan
Aligning legal documents with account ownership and beneficiaries
Even the best-drafted will or trust can fall short if your financial accounts aren’t titled correctly. We help ensure that your beneficiary designations on retirement accounts and life insurance policies align with your estate documents, and we review asset titling to ensure proper integration with your plan.
As laws change or your life evolves—through marriage, children, or major purchases—we’ll revisit your estate strategy with you to ensure it remains up to date.
State-Specific Considerations in NC & VA
Navigating regional rules for effective planning
Estate laws differ from state to state. Fortunately, North Carolina and Virginia currently do not impose a state estate or inheritance tax, which offers added planning flexibility. However, probate procedures and requirements may vary.
We help you plan with these regional details in mind and coordinate with qualified estate attorneys to ensure your documents comply with state-specific legal standards. (Note: We do not draft legal documents and recommend working with an estate planning attorney.)
