5 Estate Planning Mistakes That Could Cost Your North Carolina Family Thousands
The Cost of Good Intentions
If you’ve ever told yourself, “I really need to get around to doing my will,” you’re not alone. Families across Garner, Cary, and the greater Raleigh area have the best of intentions when it comes to protecting what they’ve worked hard for. But too often, life gets busy, and estate planning falls to the bottom of the list. Then, when something unexpected happens, loved ones are left sorting through confusion, court filings, and costly mistakes that could have been prevented.
Estate planning isn’t just for the wealthy or the elderly. It’s for anyone who wants to make life easier for the people they love. The truth is, most families don’t realize how small oversights, like not updating a will or failing to fund a trust, can end up costing thousands of dollars and months of stress. Let’s look at five of the most common (and expensive) estate planning mistakes families make, and how you can avoid them.
Mistake #1: Not Having a Valid Will or Trust
When Michael and Laura from Garner bought their first home, they meant to create a will “someday.” They figured that since they were married, everything would automatically go to the surviving spouse. Years later, when Michael passed away suddenly, Laura discovered that “automatic” didn’t mean what she thought. North Carolina’s intestacy laws divided Michael’s estate between Laura and their two teenage children. Meaning, Laura had to open a probate case in Wake County, hire an attorney, and spend nearly a year and thousands of dollars just to gain control of what they already owned together.
Without a valid will or trust, the state decides who inherits your assets and how much they get. Even when everything goes to your closest relatives, the process is time-consuming, public, and expensive.
Creating a will or, better yet, a properly funded trust ensures that your wishes are followed and your loved ones avoid unnecessary court involvement. For many families in Garner, a living trust is the best way to bypass probate altogether and keep family matters private.
Mistake #2: Failing to Update Your Estate Plan After Life Changes
When Lisa and Tom of Cary first became parents, they did everything right. They met with an attorney, created wills, and named guardians for their children. But years later, after a remarriage and the addition of two stepchildren, they never revisited their plan. When Tom passed away unexpectedly, Lisa discovered his old will still left assets to his former spouse. The blended family faced months of tension, legal fees, and hurt feelings.
Your life changes. And, your estate plan should change with it. Marriage, divorce, births, deaths, relocation, and even financial changes like buying a home or starting a business should all trigger a plan review. Outdated documents can lead to results that no longer match your values or family structure.
In North Carolina, updating your plan every three to five years or after any major life event ensures your documents reflect your current wishes and comply with state law. Don’t assume that what worked ten years ago still works today.
Mistake #3: Naming the Wrong People as Executors or Agents
Susan, a Raleigh resident, trusted her older brother Mark completely. She named him as executor of her will and as her power of attorney. It seemed like an easy decision. That is until Mark moved out of state and began traveling frequently for work. When Susan had a serious health crisis, no one could locate Mark to make medical or financial decisions. The delay caused weeks of stress for her adult children and costly legal filings to get temporary authority through the court.
Choosing the right people for these roles is one of the most important, and most overlooked, parts of estate planning. Executors, trustees, and agents under power of attorney hold significant responsibility. They need to be dependable, available, organized, and aligned with your values.
It’s often better to select someone local, or at least someone willing and able to step in quickly. For some families, naming a professional fiduciary or co-agent can add stability and peace of mind. The key is to be thoughtful and realistic about who will truly follow through when it matters most.
Mistake #4: Failing to Plan for Incapacity
When Anne, a retiree from Garner, began showing early signs of dementia, her adult children realized she had never signed a power of attorney or health care directive. Without those documents, they had no legal right to manage her finances, access her accounts, or make health care decisions. Their only option was to petition the Wake County court for guardianship — a process that took months, required court hearings, and cost thousands in legal fees.
Planning for incapacity isn’t just about worst-case scenarios. It’s about ensuring that the people you trust can act quickly and confidently if you can’t. In North Carolina, a Durable Power of Attorney allows someone you trust to handle your financial matters, while a Health Care Power of Attorney and Advance Directive outline your medical wishes. Without them, your family may be left in limbo exactly when they need clarity the most.
By putting these documents in place now, you give your loved ones the authority to help you and spare them the emotional and financial toll of a court proceeding.
Mistake #5: Leaving Assets Unprotected or Unfunded
David and Karen, a Johnston County couple, set up a revocable living trust after attending an estate planning seminar. They thought their work was done. But when Karen passed away, David discovered that their home and most of their financial accounts were still titled in their individual names — not in the name of the trust. As a result, everything had to go through probate anyway. Their well-intentioned plan ended up costing nearly $8,000 in fees and months of delay.
A trust is only as effective as the assets placed into it. This process, called trust funding, ensures that property, bank accounts, and investments are properly titled or designated so they bypass probate. Similarly, beneficiary designations on life insurance policies, IRAs, and 401(k)s should align with your overall estate plan.
In North Carolina, many families don’t realize that failing to “connect the dots” between their trust and their assets can undo the very protections they were trying to create. An experienced estate planning attorney can help ensure your plan actually works when your family needs it.
The Happy Lawyer’s Takeaway
Each of these families had good intentions. They loved their families, wanted to do the right thing, and believed they had time to “get around to it.” But estate planning mistakes don’t just cost money. They cost peace of mind, family harmony, and precious time that can never be regained.
The good news is that these mistakes are preventable. Whether you’re just beginning to think about a will, or you created an estate plan years ago and aren’t sure if it still fits your life, it’s never too earl, or too late, to get it right.
At Mackintosh Law, PLLC in Garner, North Carolina, I help families create personalized estate plans that truly protect what matters most. Together, we’ll make sure your documents reflect your values, your assets are properly aligned, and your loved ones are spared unnecessary hardship.
You don’t need to be wealthy to plan wisely, you just need to start.
Schedule your complimentary Discovery Call today, and let’s make sure your family’s future is protected.
