Cary, NC Estate Planning Lawyer
The most common concern for parents of young children is the question of what will happen to the kids if something happens to the parents – for good reason. The answer to that question is going to depend on whether the parents appointed a guardian in their will or not.
With a Will
If you were proactive and planned ahead, you designed a guardian for your minor child(ren) in your will. In North Carolina, the Clerk of Court in the county of your residence will have jurisdiction over the appointment of a legal guardian for your kids if you pass away, but the Clerk is required to defer to the parent’s(s’) selection of guardian unless their selection is legally unqualified or unfit to be a guardian in the Clerk’s determination. Common disqualifiers will be a felony record or evidence of drug use.
Your guardian will petition the Clerk to appointed the legal guardian of your child(ren) and will submit your will as evidence of their designation and your wishes. The Clerk will likely name the person the legal guardian of the child(ren) and they turn 18. The guardian will have to ability to make all legal decisions – healthcare and education included – for the child(ren) until that time. This is the best-case scenario.
Without a Will
If you were not proactive and had no plan in place, the Clerk will be allowed to select a guardian that they believe will be in the best interest of the child(ren). The Clerk has no context on your kids’ needs or your family dynamic, or how poor of a guardian some of your relatives would be. The worst-case scenario would be full-blown custody litigation between adverse relatives. Crazy Uncle Larry could end up being selected – even though he would’ve been your last choice, if at all. The Clerk would have no background to judge people differently, except for the facts that the Clerk is presented with. Some people will present much better in court than they do generally day-to-day.
Failing to Plan is Planning to Fail
It’s best to get this planning sorted out well ahead of time to save your family and your kids the burden of going through the court process without direction. Get your will together, and your kids will go with the best people for them.
Author Bio
Paul Yokabitus
Founder & Estate Planning Lawyer
Paul Yokabitus is the founder of Cary Estate Planning, where he helps North Carolina families protect what matters most through wills, trusts, probate, and special needs planning. Known for his “planning, not paperwork” approach, Paul turns complex legal concepts into clear, practical strategies so clients feel informed and confident at every step. He has been recognized as a Business North Carolina Legal Elite attorney and a Super Lawyers Rising Star, and was named to the Triangle Business Journal’s 40 Under 40. A graduate of Campbell University School of Law, Paul lives in the Triangle with his wife, Alix, and their two sons.
Linkedin | Avvo | SuperLawyers
How We Help North Carolina Families
Paul and his team at Cary Estate Planning are fully committed to creating a personalized experience to develop thorough and comprehensive estate plans. They value their clients and go above and beyond to make sure that no details are missed. I would highly recommend Paul to anyone looking to create an estate plan.
I was referred to Paul by my Real Estate Attorney and I could not say enough about how exceptional the client service has been from everyone I spoke to. The communication is prompt and I feel like they really took the time to answer all my questions and set things up exactly as I wanted, but also recommended things to make it easier on my family down the line.
After attending one of Paul’s estate planning seminars, my husband and I knew we wanted Paul to assist us with our estate planning. His honest, professional approach to this necessary part of life put us at ease with the process. We will continue to recommend Paul and Cary Estate Planning.
We had a great experience working with Paul Yokabitus and the team at Cary Estate Planning to set up our Will and Estate Plan. The process was clear and easy, and in the age of COVID, our signing session was very well done, easy, and safe.
The Cary Estate Planning team will make sure that you have the information you need to be confident in your estate planning decisions. I learned so much from videos, a one-on-one in-person consultation, the website, emails, and a newsletter mailed the old fashioned way. The fee is very reasonable given the importance of estate planning. No matter the size or number of your assets, don’t procrastinate like I did!
Paul is a masterful attorney. He’s very good at taking your intentions and defining that into a durable Trust and Will. Best of all he is as simple and plain-spoken as you like. Or as fast as intellectual as you may be. It’s all about your your speed and your desired outcomes. Would strongly recommend this firm.
Trusted Estate Planning
Attorney Offices in Cary and Raleigh
Capability to meet virtually to help all NC residents
