Cary, NC Estate Planning Attorney
Over the last two decades, the prevalence of DINKs (dual-income, no kids) has grown significantly. It’s much more common today for married couples to not have children – for some people, it’s just not in their plans or desires, and that’s totally okay. But not having children is not a reason to bypass estate planning.
Married couples still need planning, in the absence of children, for three main reasons:
Health Care Planning
A key aspect of estate planning includes the creation of advanced directives and appointing health care agents to act on your behalf should something result in your incapacity. Setting out your health care wishes is extremely important, especially should you be near the end of your life. This is something that is not changed by the presence or lack of children. You need to take care of yourself, and health care planning is something that helps you during your life, not after death.
Charitable Planning
A common question that couples without children have to answer is: “what should happen to your assets after the survivor of you passes away?” Good question. Have you given much thought? “What do I care? I’ll be dead” is not a good answer, either.
If you have a specific project or charity, or church for that matter, that you would like to benefit directly, that sort of gift must be made either during your lifetime or through your will or trust. The last thing we want is for your hard-earned money to go to the government, right?
Protecting Spouse or Partner
Planning to pass ALL of your assets to your spouse or partner often requires a will. In North Carolina, there are some assets that cannot be beneficiary designated and will be controlled by your estate, with or without a will. If your parents are still living, your surviving spouse will have to split your estate with your parents if you don’t put a plan in place. If you have significant wealth, it can also be very important to plan for the purpose of minimizing or eliminating estate or capital gains tax issues.
Planning is even more important if you’re not married to your partner. Non-married couples are never included in each others’ estates if they are not named in each others’ wills – the state law does not allow it on its own. So, without planning ahead, you could inadvertently cut your partner out of your estate.
So, even if you have no children, planning is still important.
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
