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Estate Planning Kristin Mackintosh Estate Planning Kristin Mackintosh

Probate Pitfalls in North Carolina: How Outdated Beneficiaries Can Derail Your Estate Plan

Most people assume their will controls everything after they pass away. But in North Carolina, that simply isn’t true. Life insurance policies, retirement accounts, annuities, and payable-on-death bank accounts bypass the will entirely. They go directly to the beneficiaries listed on the forms, even if those names were written decades ago.

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Estate Planning Kristin Mackintosh Estate Planning Kristin Mackintosh

Why Your Will Won’t Avoid Probate in North Carolina (And What to Do Instead)

Most people breathe a sigh of relief the day they finally sign their Last Will and Testament. It feels like checking off a major life task: I’m being responsible. My family is protected. Everything will be taken care of.

But what many North Carolina families don’t realize is that a will does not always keep their loved ones out of probate. In fact, it often guarantees the probate process.

And often, families don’t learn this until they are already grieving and overwhelmed.

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Estate Planning, Elder Law Kristin Mackintosh Estate Planning, Elder Law Kristin Mackintosh

Thanksgiving Conversations That Protect Your North Carolina Family: Estate & Elder Law Planning You Shouldn’t Put Off

Every year, a few clients tell me the same thing: “We knew we needed to talk about Mom’s care… but we didn’t want to spoil the holiday.” Yet when something happened: a fall, a hospitalization, a sudden memory decline; they wished they had started those conversations earlier.

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Estate Planning Kristin Mackintosh Estate Planning Kristin Mackintosh

5 Estate Planning Mistakes That Could Cost Your North Carolina Family Thousands

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.

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Estate Planning Kristin Mackintosh Estate Planning Kristin Mackintosh

Why Every North Carolina Adult Needs a Healthcare Proxy & Durable Power of Attorney Now

Imagine if you were in an accident today and couldn’t speak for yourself. Who would talk to the doctors for you? Who would pay your mortgage, handle your bank account, or make sure your bills were covered while you were in the hospital? Without a Healthcare Proxy and a Durable Power of Attorney, your family could be left waiting, arguing, or even going to court before anything gets done. These two documents make sure the right people can step in right away, protecting your health, your money, and your loved ones.

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Estate Planning, Estate Administration Kristin Mackintosh Estate Planning, Estate Administration Kristin Mackintosh

Why Your Home Could Face Probate in NC Without a Trust or TOD Deed

When families in North Carolina lose a loved one, the last thing they want is to be tangled in legal red tape. Yet, when real estate isn’t placed in a trust or covered by a Transfer on Death (TOD) deed, that’s exactly what happens. The property is forced through probate court. Probate delays inheritance, creates added costs, and places extra stress on grieving families. The good news? With the right planning, you can keep your family home out of probate and make sure it passes smoothly to the people you love most.

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Estate Planning, Elder Law Kristin Mackintosh Estate Planning, Elder Law Kristin Mackintosh

How the 2026 Estate Tax Changes Affect Your Estate Plan (Thanks to the One Big Beautiful Bill)

Every once in a while, tax law changes hit the headlines in a way that forces families to sit up and ask: “Does this affect me?”

For North Carolina families, the One Big Beautiful Bill (OBBB), passed in 2025, is exactly that kind of change. Beginning January 1, 2026, the federal estate and gift tax exemption increases to $15 million per person ($30 million for married couples). And, it’s set to remain that high, indexed for inflation going forward.

That’s good news. But it’s not the whole story. Bigger exemptions don’t mean estate planning goes away. They mean you have new choices. And, if you don’t make them, the law (and the probate court) will make them for you.

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Estate Planning Kristin Mackintosh Estate Planning Kristin Mackintosh

Estate Planning for Gen X: Why You Can’t Wait Until Retirement in North Carolina

Waiting until retirement to create an estate plan is one of the biggest mistakes Gen X can make. Life has a way of throwing curveballs, and without a plan, your loved ones may be left navigating unnecessary expenses, probate delays, and even family conflict. Estate planning isn’t just about what happens after you’re gone. It’s about protecting your family, your assets, and your future right now.

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Estate Planning, Elder Law Kristin Mackintosh Estate Planning, Elder Law Kristin Mackintosh

The $1 Million Dollar Mistake in North Carolina Estate Plans

We spend our lives working hard to build financial security for our families. We save for retirement, pay off the mortgage, and set aside money for the future. Yet too many North Carolinians overlook one critical piece of the puzzle: planning for incapacity. What happens if illness, injury, or dementia leaves you unable to manage your own affairs? Without the right legal protections in place, your family could face frozen accounts, expensive court battles, and the loss of hundreds of thousands, or even a million dollars, of your hard-earned wealth.

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Estate Planning, Elder Law Kristin Mackintosh Estate Planning, Elder Law Kristin Mackintosh

Gifting Assets to Family in NC? Avoid These Costly Mistakes With Taxes, Medicaid, and Probate

Gifting assets to family members can feel like a heartfelt gesture. Gifting is a way to help your children buy a home, fund a grandchild’s education, or ensure your legacy stays in the family. But in North Carolina, what may seem like a generous, common-sense move can have surprising tax consequences, jeopardize long-term care eligibility, and even spark family disputes. Before you transfer that deed or write that big check, it’s important to understand the legal, financial, and emotional ripple effects of your decision.

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Estate Planning Kristin Mackintosh Estate Planning Kristin Mackintosh

Estate Planning Tips for Blended families in North Carolina

Blending a family is an act of love. But, when it comes to estate planning, it can also be a legal and emotional minefield. Without the right plan in place, assumptions, unspoken promises, and outdated documents can lead to painful surprises, strained relationships, and long-lasting legal battles. In North Carolina, where intestacy laws don’t account for stepchildren or second spouses the way many families assume, it’s especially important to be proactive.

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Estate Planning Kristin Mackintosh Estate Planning Kristin Mackintosh

Trusts Aren’t Just for the Wealthy in North Carolina

When you hear the word “trust,” what comes to mind? For many North Carolina families, it conjures images of wealthy dynasties, sprawling estates, or celebrities with complex financial portfolios. But the reality is far different, and far more relevant. Trusts aren’t just for the rich. In fact, they’re one of the most practical, flexible, and protective tools available to everyday families in our state. Whether you’re a parent with young children, a homeowner, or someone caring for aging parents, a trust could be the key to protecting your legacy and simplifying life for your loved ones.

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Elder Law, Estate Planning Kristin Mackintosh Elder Law, Estate Planning Kristin Mackintosh

5 Signs Your Parent May Need an Elder Law Attorney in NC

As our parents age, the roles begin to shift. The people who once guided and protected us may start needing our help. This is especially when it comes to legal and financial matters. But knowing when to step in isn’t always obvious. Are they just having a forgetful week, or is it the beginning of something more serious? Is it respectful to bring up legal planning, or is it crossing a line?

These questions haunt many adult children in North Carolina. If you’re noticing changes in your parent’s behavior, health, or ability to manage daily responsibilities, it may be time to take a closer look. Early legal intervention can preserve dignity, protect assets, and prevent painful court battles. Let’s explore five clear signs it’s time to step in; and how the right legal planning can make all the difference.

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Estate Planning, Elder Law Kristin Mackintosh Estate Planning, Elder Law Kristin Mackintosh

Avoiding Guardianship in North Carolina: Why Every Aging Parent Needs a Power of Attorney Now

What is a guardianship—and why should you avoid one?
A guardianship is a legal process where the court appoints someone to make decisions for a person who can no longer manage their own affairs due to incapacity. While it may sound protective, it often comes with court oversight, public proceedings, and the potential for family conflict. Worse, the person chosen by the court might not be the one your parent would have wanted. The good news? With the right legal documents in place, guardianship can often be completely avoided.

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Estate Administration, Estate Planning Kristin Mackintosh Estate Administration, Estate Planning Kristin Mackintosh

Avoid Probate in NC: Protect Your Retirement Accounts with Smart Estate Planning

Retirement accounts like 401(k)s, Roth IRAs, and pensions are more than numbers on a statement—they represent years of hard work, discipline, and sacrifice. But what many North Carolina families don’t realize is that without proper planning, those same accounts could get stuck in probate court after you pass away. Probate is slow, public, and stressful for your loved ones. In this blog, I’ll walk you through how to keep your retirement savings protected, your beneficiaries in control, and your family out of court. Let me introduce you to David—a father who thought he had everything handled, until his brother’s probate battle changed everything.

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Estate Planning Kristin Mackintosh Estate Planning Kristin Mackintosh

How to Choose the Right Guardian for Your Children in North Carolina: A Step-by-Step Guide for Parents

Choosing a guardian for your children is one of the most important—and emotionally charged—decisions you’ll make as a parent. It’s not just about legal paperwork; it’s about ensuring your children are raised by someone who shares your values, your parenting style, and your hopes for their future. In North Carolina, failing to name a legal guardian can leave that decision in the hands of a judge who doesn't know your family. This blog will walk you through how to make this choice with clarity and confidence—so you can rest easier knowing your children are protected, no matter what the future holds.

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Estate Planning Kristin Mackintosh Estate Planning Kristin Mackintosh

What Happens If You Die Without a Will in North Carolina?

Life changes in a heartbeat. One day, everything feels normal — and the next, loved ones are left scrambling, trying to figure out what to do.

We don’t like to think about it, but it’s a reality that families across North Carolina face every single day: someone passes away unexpectedly, and no clear plan is left behind.

This blog is your wake-up call — not to scare you, but to empower you.

Today, you’ll learn exactly what happens if you die without a will in North Carolina, and why creating a simple plan now can save your family heartache, stress, and financial pain later.

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Estate Planning Kristin Mackintosh Estate Planning Kristin Mackintosh

7 Guardian Mistakes Parents Make

As parents, we work tirelessly to protect our children—from choosing the safest car seats to finding the best schools and preparing healthy meals. But many loving, responsible parents unknowingly leave their children vulnerable when it comes to the most critical protection of all: what happens if you’re no longer there to care for them. Naming guardians isn’t just about filling in a blank on a will—it’s about ensuring that, no matter what life brings, your children are raised with love, stability, and the values that matter most to you. Sadly, small mistakes in guardianship planning can have devastating consequences. In this article, we’ll walk through seven of the most common mistakes parents make—and show you how to avoid them, giving your family true peace of mind.

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Estate Planning Kristin Mackintosh Estate Planning Kristin Mackintosh

The True Cost of Procrastinating Your Estate Plan: Why Waiting Can Hurt Your Family

“We’ll get to it eventually.”
It’s a phrase I hear often—and not just from clients. We say it about doctor visits, going to the gym, cleaning out the garage... and estate planning. But unlike most tasks we postpone, waiting too long to create an estate plan can carry devastating consequences—especially for the people you love most.

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