The Forms That Outrank Your Will: Beneficiary Designations, Contingent Beneficiaries, and the ERISA Divorce Trap in North Carolina

A beneficiary designation is a contract with the plan or insurer. It generally controls who receives the account or policy proceeds, regardless of what your will or trust says.

What Key Documents Should Every Comprehensive Estate Plan Include?

A well-prepared estate plan does more than state who should receive property after death. It also addresses who can act during incapacity, how health care preferences should be communicated, and how financial responsibilities should be handled. Working with estate planning attorneys gives individuals a way to organize these decisions through documents designed to work together.

What a North Carolina Trust Beneficiary Is Entitled to Know — And What Happens When the Trust Tries to Say Otherwise

One of the most common calls we receive at North Carolina Estate Planning & Fiduciary Law (James E. Hickmon, PLLC) starts the same way: "I'm a beneficiary of my [parent's/grandparent's/spouse's] trust, and the trustee won't tell me anything."

Serving as Executor From Out of State: What Nonresident Fiduciaries Need to Know About North Carolina Probate

It is increasingly common for a decedent's closest family member — the person named in the will to serve as executor — to live in Florida, New York, California, or almost anywhere except the North Carolina county where the decedent resided.

Can Your Spouse Override Your Will in North Carolina?

Most people assume that whatever they write in their will is exactly what will happen to their property when they die.

Is a Sibling Misusing Your Parent's Power of Attorney? Signs of Agent Self-Dealing Under North Carolina Law

You gave your parent's power of attorney agent the benefit of the doubt. Maybe it's a sibling, a stepparent, or a caregiver who was named to help your mother or father pay bills and manage property during a health crisis.

Court of Appeals Sides with Our Client: Law Firms Cannot Serve as Trustee or Executor of a Client's Estate

How Post-Mortem Planning Can Protect Your Family’s Interests

A death can leave your family responsible for important financial and legal decisions before everyone fully understands what must happen next. Post-mortem planning can protect your family by identifying the choices that remain available and helping you use them carefully.

When Is Guardianship Necessary — and What Are the Alternatives

Guardianship may be necessary when an adult cannot manage personal or financial affairs, faces a meaningful risk of harm, and cannot receive sufficient help through a less restrictive arrangement. North Carolina law treats adult guardianship as a last resort.

Preparing for a Smooth Business Succession: Steps Owners Should Take Now

You spent years building your business, and the way you hand it off matters just as much as the way you grew it. Whether you plan to retire, sell, or pass the company to family, a thoughtful succession plan protects what you worked so hard to create.