Estate planning is simply the process of getting legal documents in place so that your chosen individuals are appointed to take care of you, your children, your assets, and your finances in the event of your death or incapacity. The process also involves naming the people you want to inherit your assets when you are gone. An “estate plan” is simply a bundle of all the documents needed to accomplish these objectives.

If you don’t currently have a will or trust, you may think you don’t have an estate plan….but you do. It’s just that the state of North Carolina has written it for you! All states have a default plan for your family and assets in the event of your incapacity or death. That’s the plan you have now. Estate planning is “opting out” of the default plan and putting your own wishes in place.

No. This is the biggest myth out there. Estate planning is in no way related to how much money you have, whether you are a married, or whether or not you are a parent.

Estate planning is the process of putting legal documents in place that ensure your assets will go to the people you want, the way you want, when you are gone. It’s about making this as easy as possible on your loved ones during an otherwise difficult time. And we all care about that, no matter how much (or little) money we have.

It’s also about appointing people to manage your property and make health care decisions for you if you are incapacitated, something that matters to all of us regardless of wealth status.

We have an easy 3-step process designed to have your trust or will and other estate planning documents created and signed in 6-8 weeks. It depends in part on your schedule and how long it takes for you to review your draft documents.

1. The first step is to attend your Peace of Mind Planning Session. You’ll fill out a secure online questionnaire (“Family Profile”) before we meet so we can make the best use of our time together. At this Zoom session, you’ll learn all about your options and our flat fees. When you are ready to move forward, we’ll email you an engagement letter and invoice, both of which can be executed online.

2. Next is your Estate Plan Design Meeting. We’ll roll up our sleeves and design your trust or will and other estate planning documents, working off the information you provided in your Family Profile. After this session, I’ll draft your documents, and send a copy for your review about two weeks later. We’ll then make any changes or updates you’d like to make. When everything is good to go, we’ll coordinate an in-person Signing Ceremony.

3. Your Signing Ceremony is where you’ll sign your documents with the proper legal formalities, in front of two witnesses and a notary. We can have this session at your home.

When you are ready to move forward, whether at your Peace of Mind Planning Session, or later, let me know. We’ll send you an engagement letter via DocuSign and an invoice via our secure online payment portal. Once these housekeeping items are taken care of, you’ll schedule your Estate Plan Design Meeting.

Let me start by saying what we do NOT need! We do NOT need account statements, social security numbers, or tax returns. We DO need information on what kind of assets you own (house, retirement account, life insurance, etc.), their relative value, and how they are titled (jointly, individually, etc.) Beyond that, we simply need answers to questions about your personal estate planning preferences, including:

* Who you would want raising your minor children if something happened to you and your spouse or partner?

* Who you want to be in charge of your children’s money until they are old enough to mange it themselves?

* Who you want making medical and financial decisions for you in the event of your incapacity?

Don’t worry if you don’t have the answers to these questions right away! You’ll have plenty of time to think things over throughout the process.

It depends! Estate planning is not one size fits all, so it’s hard for us to give you a quote without knowing more about you. Even if you believe your situation is relatively simple, there are likely nuances you are not considering. We discuss our fees and process at length in the Peace of Mind Planning Session, after we have counseled you on all your options. We do not discuss our fees outside the Peace of Mind Planning Session.

We understand that cost is an important factor in choosing an attorney, and that estate planning is a significant investment for many. It is our goal to be as transparent and fair as possible. For that reason, we offer flat fees as opposed to billing by the hour, so you know exactly what your investment will be. We also offer a 100% satisfaction guarantee.

Finally, we will only recommend planning with us if the amount you would save by doing an estate plan is greater than our fee.

No. Wills, trusts, and other estate planning documents need to be signed with very specific formalities or they will not be considered legally valid. That means signing in person, in front of 2 witnesses and a notary (which we provide). The witnesses are there to confirm you are lucid and not under duress, and the notary is there to confirm you are who you say you are. Any changes you make to your documents in the future will need to be executed with the same legal formalities.

We take on a limited clientele each month so we can offer a high level of service to each family. We work with people who value our advice and are seeking a long-term working relationship. If you are looking for the cheapest attorney you can find, do not want to devote time to learning about and understanding your options, or do not feel comfortable completing the Family Profile before our session, we are not the right law firm for you, and would be happy to refer you to a lawyer who may be a better fit.

No problem! A living trust can be changed or revoked entirely as long as the creator is alive and has mental capacity to do so. Any guardians for minor children can also be changed through an amendment (called a “codicil”) to your pour-over will.

All other estate planning documents (power of attorney, health care power of attorney, etc.) are typically recreated as it is more cost-effective.

The main point is that your documents can (and probably will be) updated as your life, your assets, and the law all change.

Yes! In some ways, you need estate planning MORE than married folks. Many non-married individuals want to leave their money to their nieces and nephews, charities and friends, not their closest living relative. Unfortunately, if you die without getting this in writing, your estate could end up in the hands of that distant cousin you’ve met twice. And it’s important for everyone to have a Health Care Power of Attorney and Financial Power of Attorney.

Probate is the court-supervised process of administering your estate after your death. If you pass away without a will, your estate will go through probate before your assets can be distributed to your heirs. Even if you have a will, your estate still has to go through probate.

What’s the downside of probate? It can be a lengthy process—often taking six months to a year to complete—and it can consume 2-6% of the estate’s value in fees and costs. Additionally, probate is a public process, meaning your will becomes available for anyone to see. Luckily, there are estate planning tools available that can avoid probate entirely. We will discuss these tools at your Peace of Mind Planning Session.

A power of attorney lets you appoint someone to manage your property in the event of your incapacity. You will name someone you trust implicitly as your “agent”. They will step into your shoes and pay your bills, file your taxes, manage your business, etc. if you cannot.

A health care power of attorney allows you to appoint someone you trust to make medical decisions for you should you be unable to do so. An advance directive ("living will") allows you to make certain medical decisions regarding end-of-life decisions, ahead of time.

You can. Keep in mind that Legal Zoom and law firms are two different things. They provide two different services. This is why the cost is different. Legal Zoom offers form documents you fill out and execute yourself. They are not a law firm and do not give legal advice. An attorney, on the other hand, counsels you and gives you legal advice based on your specific circumstances. They will customize your documents, ensure they are signed with the proper formalities, and pick up the phone when you call with questions. If these things are important to you, you should work with an attorney. If they are not, Legal Zoom may be a better option.

Yes! I am happy to have a 15-minute complimentary call before you schedule your Peace of Mind Planning Session. We do not discuss fees outside the Peace of Mind Planning Session, but I am happy to answer any basic questions you may have. Send me an email at jordann@smartlawpllc.com to schedule your call.

Estate planning is an area of law that is state-specific. That means you should work with an attorney licensed in the state in which you reside. Our attorneys are licensed in North Carolina. If you live in North Carolina, we can prepare your estate planning documents. If you do not, message us, and we will be happy to refer you to an attorney licensed in your state.