If it’s been a few years since you’ve looked over your estate plan, or if you haven’t created one yet, summer is a great time to make it a priority. Between vacations, school breaks, and fewer hectic schedules, August gives many North Carolina families the breathing room to take care of important life planning. Whether you’ve just gotten married, welcomed a new child, or experienced a major life change, it’s important to keep your NC Estate Planning current.
At Eldreth Law Firm, we help individuals and families across North Carolina make smart, legally sound decisions when it comes to wills, trusts, powers of attorney, and more. Below are five essential documents to review (or create) as part of your NC estate planning process.
1. Last Will and Testament
Your will is the foundation of any estate plan. It outlines how your assets should be distributed after your death, names guardians for minor children, and identifies the executor responsible for settling your estate.
Even if you already have a will in place, there are times when it needs to be updated, especially after events like:
-
Marriage or divorce
-
Birth or adoption of children
-
Death of a spouse, child, or named beneficiary
-
Major changes in assets or financial status
If your will was drafted years ago, it may also need updates to comply with current North Carolina laws. A review with a qualified estate planning attorney can ensure your wishes are still protected.
2. Durable Power of Attorney
This document gives a trusted individual the authority to handle your financial and legal matters if you become incapacitated. Without it, your loved ones could face court proceedings to gain that authority, delaying important decisions when time matters most.
You’ll want to ensure your durable power of attorney is:
-
Legally valid under current NC laws
-
Specific enough to reflect your needs and financial complexity
-
Up-to-date with your preferred agent and alternate(s)
If the person named is no longer appropriate (due to divorce, relocation, or other issues), it’s time for an update.
3. Health Care Power of Attorney (HCPOA)
The health care power of attorney allows someone you trust to make medical decisions on your behalf if you can’t speak for yourself. In North Carolina, this document is separate from your financial power of attorney and must meet specific legal requirements.
This is especially important for:
-
Unmarried couples who want each other to have medical authority
-
Adults who don’t want to default to next-of-kin in a crisis
-
Individuals who have specific beliefs or preferences around medical care
As part of your NC estate planning update, double-check that your health care agent is still the right choice, and that they understand your wishes.
4. Living Will (Advance Directive)
A living will outlines your preferences for life-sustaining treatment if you’re ever in a terminal condition or permanently unconscious. It addresses decisions about ventilators, feeding tubes, and other interventions.
This document works hand-in-hand with your health care power of attorney. Together, they give your loved ones peace of mind and reduce the burden of making difficult decisions in a medical emergency.
If you created your advance directive years ago or used a generic form, it's worth reviewing it with an attorney to ensure it reflects your current wishes and complies with state laws.
5. Beneficiary Designations
While not technically legal documents, beneficiary designations on accounts like life insurance, retirement plans, and bank accounts can override instructions in your will. That’s why reviewing them is a critical part of any NC estate planning checklist.
Life events such as a divorce, a death, or even a change in family dynamics can make past beneficiary choices outdated or inappropriate. Make sure all of your designations match your current goals and are coordinated with your overall estate plan.
Final Thoughts
Your estate plan is not a one-time project; it’s a living set of documents that should change with your life. Regular reviews, especially during transitional times like summer, can help ensure that your wishes are honored and your loved ones are protected.
At Eldreth Law Firm, we specialize in NC estate planning for individuals, couples, and families at all stages of life. Whether you’re updating old documents or starting from scratch, we’ll guide you through the process with clarity, compassion, and legal expertise.
Ready to update your estate plan before the fall rush?
Give us a call today to schedule a consultation or learn more about our estate planning services across North Carolina.
