If the entire population of the United States took a poll asking whether they would want their estate to go to the government or to a charity of their choice, what choice would win? Just making an assumption here, but I would bet charity would win in a landslide. Why? Because most people don’t like paying the government if they don’t have to. But, that’s exactly what would happen if you die with no intestate (default) beneficiaries. So, why not eliminate that possibility in your will?
Adding an Ultimate Beneficiary clause to your will – basically, if everyone else dies before you, or if you and all of the people in your will die together, then everything goes to X – saves your estate from escheats. Escheats is the process where the state takes unclaimed or abandoned property, including estate proceeds. However, if there is an ultimate beneficiary, you estate proceeds never become unclaimed or abandoned.
Charities, especially long-standing ones, are great ultimate beneficiaries because they are much more likely to both survive you and do something good with your estate proceeds. If the government claims your estate, who knows what they would do with it? By choosing a worth charity, like the V Foundation for Cancer Research or Habitat for Humanity, you ensure that your estate will further some noble cause, rather than being spent on some miscellaneous government budget line item.
Cheers,
Paul A. Yokabitus
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.
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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.
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