Protecting Your Family, Your Assets, and Your Future
Planning for the future is one of the most important steps you can take to protect the people you care about. Whether you want to make sure your property passes smoothly to your beneficiaries, ensure your medical decisions are respected, or prepare for potential incapacity, having a legally sound estate plan gives you control and peace of mind.
At the Law Office of Stephen E. Robertson, PLLC, we help individuals and families throughout Greensboro and Durham create wills, trusts, and powers of attorney that reflect their values, protect their assets, and provide security for the future. Our attorneys understand that these decisions can feel overwhelming, which is why we take the time to explain each option clearly, answer your questions, and create documents tailored to your needs.
Estate planning is not only for older adults or wealthy families. It is an essential step for anyone who wants to have a say in how their estate is handled, who will care for their children, and who will make major decisions if they cannot speak for themselves. A complete estate plan ensures that your wishes are honored and reduces stress for the people you love.
As a full-service family law and estate planning firm, we also help individuals who need guidance in related areas such as guardianship. You can learn more about these services on our Guardianship Attorneys page.
Why Estate Planning Matters in North Carolina
When someone passes away without the proper legal documents in place, the state decides how their assets are distributed. Families often face confusion, delays, increased costs, and unnecessary conflict. Similarly, without a power of attorney, your loved ones may be unable to make medical or financial decisions for you without court involvement.
Creating a will, trust, and power of attorney gives you control and clarity. These tools work together to ensure that:
- Your assets are distributed according to your wishes
- Someone you trust can handle your finances if needed
- Medical decisions reflect your values
- Your children are cared for by a person you choose
- You avoid unnecessary legal complications and expenses
Because estate planning often overlaps with personal and family issues, many of our clients also review related services found on our Family Law practice area page.
Wills: The Foundation of a Solid Estate Plan
A will is one of the most important documents in estate planning. It allows you to direct how your property will be distributed after your passing and ensures your loved ones understand your intentions. Without a will, state intestacy laws determine who receives your assets, and these laws do not always align with what you may want.
What a Will Allows You to Do
A properly drafted will lets you:
- Name an executor to manage and settle your estate
- Decide who receives specific assets, property, or sentimental items
- Appoint a guardian for your minor children
- Make gifts to charities or organizations
- Ensure your wishes are clearly communicated
For parents of young children, the ability to name a guardian is often the most important part of having a will. It ensures that someone you trust, not the court, chooses who will care for your children if you are no longer able to do so.
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Legal Requirements for a Valid Will in NC
North Carolina requires that a will must:
- Be in writing
- Be signed by the testator
- Be witnessed by at least two competent individuals
Even small errors can lead to costly disputes, so having an attorney draft and review your will helps ensure it remains enforceable.
Trusts: Privacy, Flexibility, and More Control Over Your Assets
A trust is a legal arrangement that allows a trustee to hold and manage assets for the benefit of chosen beneficiaries. Trusts offer advantages that go beyond what a will alone can provide and are increasingly used as part of modern estate planning strategies.
Common Types of Trusts
Depending on your needs, you may choose one or more of these trust options:
Revocable living trust: Allows you to retain control of your property during your lifetime and pass it to beneficiaries without probate.
Irrevocable trust: Offers asset protection and possible tax benefits, though it cannot be easily changed.
Testamentary trust: Created within a will and activated only after death.
Special needs trust: Ensures a disabled beneficiary receives support without losing access to government benefits.
Benefits of Using Trusts
Trusts offer several advantages, including:
- Avoiding probate and reducing court involvement
- Protecting assets from certain creditors or risks
- Maintaining privacy since trusts do not become public record
- Supporting long-term planning for minor children or dependents
- Ensuring continuity of management if you become incapacitated
Our attorneys help you evaluate which type of trust best aligns with your personal goals, financial circumstances, and family structure.
Power of Attorney: Preparing for the Unexpected
A power of attorney, or POA, is a document that gives someone you trust the authority to make decisions for you if you become unable to act on your own. Without a POA, your family may be forced to seek a court-appointed guardian to handle your affairs.
Types of Power of Attorney
North Carolina recognizes two main types:
Financial power of attorney: Allows your agent to manage financial matters, pay bills, handle property, and make legal decisions.
Healthcare power of attorney: Allows your agent to make medical decisions for you if you are unable to communicate.
A durable POA remains valid even if you become incapacitated, making it one of the most important components of a complete estate plan.
If you are considering guardianship for a loved one who cannot manage their own affairs, you may also find helpful information on our Guardianship Attorneys page.
Choosing Your Agent
It is important to choose someone who is:
- Trustworthy
- Responsible
- Good with communication
- Able to make decisions under pressure
- Familiar with your preferences and values
Our attorneys can help you think through your choices and select the right individual for this important role.
Frequently Asked Questions About Wills, Trusts, and Power of Attorney
A will is essential for everyone, and a trust is beneficial for many people. Trusts help avoid probate, maintain privacy, and protect certain assets. A combined strategy is often most effective.
North Carolina’s intestacy laws determine who inherits your assets. This may not reflect your actual wishes, especially if you have children, are unmarried, or have a blended family.
Yes. Estate planning documents can be updated any time you remain competent. Life changes such as marriage, divorce, or new children should prompt an update.
A financial POA handles financial and legal decisions. A healthcare POA handles medical decisions if you cannot speak for yourself.
Choose someone responsible, trustworthy, and familiar with your values. This person should be willing and able to act on your behalf if needed.
No. Wills go through probate, but trusts can help your estate bypass this process.
Trusts are helpful for many situations, regardless of wealth. They support minor children, protect assets, and simplify estate administration.
Costs vary depending on the complexity of your documents. Our firm offers consultations to discuss your needs, options, and pricing.
Contact Our Estate Planning Attorneys Today
If you are ready to take control of your future, protect your wealth, or prepare for unexpected situations, we are here to help. The Law Office of Stephen E. Robertson, PLLC assists clients in Greensboro, Durham, and surrounding areas with wills, trusts, powers of attorney, and comprehensive planning services.
Contact our office today to schedule a consultation and begin creating a plan that secures your future and supports the people you care about.