Estate planning involves creating a plan to distribute one’s assets to desired beneficiaries, considering what one has, who they want to inherit it, and when. It can also involve minimizing tax liabilities in more complex estates. Without an estate plan, the state may impose a default plan that might not align with one’s wishes. Estate planning provides control over asset distribution, ensuring assets go where intended and providing peace of mind. It also reduces stress for loved ones by avoiding complicated probate processes.

If you’d like to start developing an estate plan contact one of our wills and estate planning attorneys today!

In North Carolina, dying without a will means your assets are distributed according to the state’s intestacy statute, essentially a default plan determined by the legislature. While intended to be fair, this often leads to undesired outcomes. For instance, without a will, a surviving spouse may not inherit the entire estate if there are living parents. Having a will enables you to ensure your assets are distributed according to your wishes, avoiding potential conflicts and ensuring a more effective decision-making process.

Protect your loved ones. Contact our wills & estate planning attorneys to begin crafting your estate plan.

What is the difference between a will and a living will? Estate planning attorney Tyler Chriscoe explains the difference and why you should consider both.

What is a will?

A will lets you decide how your possessions are shared after you pass away. It also names someone to oversee the distribution process. Having a will ensures your wishes are followed and reduces stress for your loved ones during a difficult time.

What is a living will?

A living will focuses on your healthcare wishes if you can’t make decisions for yourself. It allows you to say what kind of medical treatment you want (or don’t want) in situations like a coma or terminal illness. A living will provides peace of mind for you and your family by ensuring your medical wishes are respected.

Contact our wills & estate planning attorneys today to talk about creating a will as well as a living will to ensure your wishes are known and carried out.

A trust is a way to manage your assets (like money, property, or investments) for someone else’s benefit. You transfer the ownership of the assets to a trustee, who manages them according to your wishes and then distributes them to the beneficiary (who can be you, a family member, a charity, or anyone else you choose.)

Contact one of our estate planning attorneys today if you want to start the process of establishing a trust for yourself or your loved one(s).

Does a North Carolina Court Have Jurisdiction to Hear Your Child Custody Case?

[00:00:00] When parents live in different states, one of the first and most critical questions that must be answered before a custody case can even begin is: which state has the legal authority to make the decisions? This legal concept is known as “jurisdiction.” As this video explains, you cannot simply file a custody case in any state you choose. A court must have proper jurisdiction, and for child custody matters, this is determined by a specific set of rules designed to prevent conflicting orders and ensure stability for the child. If you are a parent dealing with an interstate custody issue, understanding these rules with the help of an experienced North Carolina family law team is the essential first step.

The Guiding Law: The UCCJEA

[00:00:15] All states, except Massachusetts, have adopted a uniform law to handle interstate custody disputes called the Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJEA). This law creates a consistent, nationwide standard for determining which state’s court has the authority to issue and modify child custody orders. [00:00:30] The primary goal of the UCCJEA is to ensure that custody decisions are made in the state with the closest connection to the child and the most evidence concerning the child’s care, protection, and personal relationships.

The “Home State” Rule: The Most Important Factor

[00:00:40] The cornerstone of the UCCJEA is the “home state” rule. A court in North Carolina has jurisdiction to make an initial child custody determination if North Carolina is the child’s home state. [00:00:46] A state is considered the child’s home state if the child has lived there with a parent for at least six consecutive months immediately before the custody case is filed. [00:01:02] If the child is less than six months old, the home state is the state where the child has lived since birth.

[00:01:08] For example, if a child has lived in North Carolina with their mother for the past two years and the father, who lives in Virginia, decides to file for custody, the North Carolina court would have jurisdiction because it is the child’s established home state. The Virginia court would not have the authority to hear the case.

What Happens if a Child Has Recently Moved?

[00:01:21] The six-month rule also applies if a child has recently moved. If a child lived in North Carolina for the required six months and then moved to another state, North Carolina can still retain jurisdiction as long as the case is filed within six months of the move and at least one parent continues to reside in North Carolina. This provision prevents a parent from moving to a new state and immediately filing for custody there to gain a tactical advantage.

The “Best Interest of the Child” Standard

[00:01:45] Once jurisdiction is properly established in North Carolina, the judge will then make all custody decisions based on a single, guiding principle: the “best interest of the child.” As outlined in statutes like North Carolina General Statute § 50-13.2, this standard gives the court broad discretion to consider all relevant factors to determine a living arrangement that will best promote the child’s welfare and happiness.

[00:02:00] In summary, determining the correct jurisdiction is a foundational requirement for any child custody case involving parents in different states. The UCCJEA and the “home state” rule provide a clear framework for making this decision. [00:02:15] Because navigating these multi-state laws can be complex, it is highly recommended to seek legal counsel to ensure your case is filed in the proper court from the very beginning, saving you time, money, and unnecessary stress.