When Should You Update Your Estate Plan in North Carolina? Life Events That Trigger a Review
When Life Changes, So Should Your Estate Plan
Life changes fast. And, if your estate plan doesn’t keep up, it might not work when your family needs it most. This is why you need to revisit your documents periodically.
Not long ago, I sat down with a couple who hadn’t looked at their wills in nearly two decades. In that time, they’d moved to North Carolina, welcomed grandchildren, and retired. But their documents still named a long-estranged friend as guardian and left out their younger son entirely. They were stunned. “We thought we were covered,” they said. It’s a story I hear often. Estate planning isn’t a one-and-done task. It’s something that needs to evolve with your life. In this week’s blog, we’ll look at the key life events that should trigger an update to your estate plan. And, we look at how keeping it current can save your family time, stress, and heartache down the road.
Your Estate Plan Isn’t Set in Stone—And That’s a Good Thing
An estate plan is more than a snapshot of your wishes. It’s a flexible, living set of instructions meant to evolve with your life. In North Carolina, where laws and life circumstances both shift over time, it’s important to treat your estate plan like a vital part of your life’s maintenance—just like changing the oil in your car or updating your insurance policy.
But when exactly should you revisit your estate plan? Here are the key life events and triggers that should prompt a review—and potentially, a revision.
1. Marriage or Divorce: A Legal and Emotional Turning Point
Getting married brings new joy, and new legal obligations. Suddenly, your spouse may have a say in medical decisions, inherit by default under North Carolina intestacy laws, or become a co-owner of property. If your documents still list parents or siblings as decision-makers or beneficiaries, those provisions may no longer reflect your wishes.
Divorce, on the other hand, is one of the most critical times to revise your plan. While North Carolina law revokes some spousal roles upon divorce, many estate planning documents (like financial powers of attorney or living trusts) won’t automatically update. Without revisions, an ex-spouse could still make financial or healthcare decisions—or even inherit your assets.
So, make sure you update your will, trust, beneficiary designations, and powers of attorney as soon as your marital status changes. Don't assume the law or your financial institutions will take care of it for you.
2. Birth or Adoption of a Child or Grandchild: Protecting Your Growing Family
The moment you welcome a new child or grandchild into your life is also the moment your planning priorities shift. If you’re a parent, naming legal guardians is crucial. Otherwise, a judge, not your family, will make that decision.
You’ll also want to think about how and when your children should inherit. Outright distributions at age 18 can lead to financial disaster. A well-drafted trust can stagger distributions over time, provide for education and medical needs, and protect assets from creditors, divorces, or poor financial decisions.
Grandparents might want to start 529 college savings plans, add grandchildren as trust beneficiaries, or explore gifting strategies that reduce estate taxes.
As your family grows, your estate plan should grow too. You need to make sure your plan offers both protection and opportunity.
3. Death or Incapacity of a Loved One: A Heartbreaking but Necessary Update
If someone named in your plan passes away or becomes incapacitated, your estate plan needs attention. Whether it’s your executor, trustee, guardian, or agent under a power of attorney, having the wrong person listed can lead to confusion, delays, or court intervention.
It’s not just about replacing names. This is also an opportunity to reassess whether your backup choices are still appropriate—and to ensure you’ve named successors who are responsible, trustworthy, and geographically available.
Estate planning is about who you trust. When those relationships change due to loss or life circumstances, your documents should reflect the current reality.
4. A Significant Change in Assets: What You Own Should Shape What You Plan
Bought a house? Sold a business? Inherited property? Gained or lost significant savings? Any of these shifts warrant a review.
If you’ve acquired real estate, it should be titled properly to avoid probate.
If you’ve opened new accounts, confirm beneficiaries are named and aligned with your trust or will.
If you’ve sold a major asset, your plan may need to remove specific bequests or adjust distributions.
North Carolina residents often forget that how assets are titled—joint tenancy, individual ownership, trust ownership—can drastically impact how they’re transferred.
Your estate plan should mirror your current financial picture. Don’t let an outdated plan undermine the legacy you’ve worked so hard to build.
5. A Move to North Carolina (or Out of State): Different States, Different Rules
Every state has its own laws governing probate, healthcare decisions, and powers of attorney. If you’ve moved to North Carolina, documents from another state might not hold up in court or with local institutions, even if they’re technically valid.
North Carolina’s statutory power of attorney form is preferred by banks and financial institutions.
Healthcare documents must comply with NC law to be honored by hospitals and providers.
Property laws (especially for real estate) vary, affecting ownership rights and probate exposure.
Even within North Carolina, moving counties can affect who will handle your affairs. Proximity matters—especially when naming executors or agents.
Don’t assume your documents travel with you. Let a local attorney review and adapt them to your new home state.
6. Changes in Tax or Estate Planning Laws: Staying Ahead of the Curve
Federal estate tax exemptions change frequently. While North Carolina does not have a state estate tax, federal laws could impact high-net-worth families, especially after 2025, when the current exemption is set to sunset.
Changes to laws governing IRAs, Medicaid eligibility, and gifting limits may also affect your planning strategies. The SECURE Act, for example, changed how inherited IRAs are distributed—dramatically impacting retirement planning for beneficiaries.
Even if your estate is modest, these law changes could influence how you use trusts, life insurance, or gifting in your plan.
Staying proactive can save your family from unnecessary taxes, delays, or financial pitfalls. Let the law work for you, not against you.
7. A Shift in Family Dynamics: People Change And So Should Your Plan
Maybe your child is now a responsible adult instead of a college freshman. Maybe a once-close relative is no longer part of your life. Maybe you’ve remarried or had a falling out with someone previously named as a beneficiary.
Family dynamics are fluid. An estate plan that worked five years ago may no longer serve your best interests—or your family’s wellbeing.
Add protective provisions for heirs with addiction, spending, or creditor issues.
Remove individuals who are no longer trustworthy or involved.
Include or exclude in-laws or blended family members based on current relationships.
Your plan should reflect your values and intentions, not just your bloodline. Don’t be afraid to revise as relationships evolve.
8. You Haven’t Looked at Your Plan in 3–5 Years: Time for a Legal Check-Up
Even if your life feels stable, time alone is reason enough for a check-in. Laws evolve. Family dynamics shift. Institutions close. People move.
We often find:
Trustees or agents no longer live nearby.
Outdated contact info can cause delays.
Beneficiary designations on retirement accounts contradict the will or trust.
Trusts aren’t fully funded, which can accidentally push assets into probate.
Our office offers complimentary estate plan checkups every three years because we know: small updates now prevent major headaches later.
You get an annual physical for your health. Your estate plan deserves a regular checkup, too.
What Happens If You Don’t Update Your Estate Plan?
Outdated documents can lead to:
Probate delays
Family conflict
Inheritance disputes
Unintended people receiving your assets or decision-making authority
Missed opportunities for tax or long-term care planning
One of the most heartbreaking moments I see is when a family discovers too late that their loved one’s estate plan was no longer accurate, or worse, missing altogether.
How We Can Help
At Mackintosh Law, PLLC, we help North Carolina families navigate life’s changes with clarity and compassion. Whether you’re adjusting your plan after a major milestone or simply want peace of mind that everything is still aligned with your wishes, we’re here to make the process simple, clear, and personalized.
Your Next Step
Life doesn’t stand still and neither should your estate plan. If it’s been more than 3 years since you reviewed your documents, or if you’ve experienced any of the moments listed above, it’s time for a checkup.
Give us a call to see if you need to update your estate plan. We offer a free Discovery Call. You can either call us at (919) 336-4219 or you can schedule your appointment here:
Kristen Mackintosh, The Happy Lawyer. Estate Planning With a Smile!
