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What if I Don’t Have a Will?

What if I Don’t Have a Will?

If you do not appoint a Guardian in a Will, or some other writing executed with the same formalities of a Will, then your family will be able to petition the Clerk for Guardianship – but in that event, the Clerk will have no context or background for your kids or your family, so the person you may not have intended to be the Guardian may end up being appointed Guardian by the Clerk.

Author Bio

James P. Kelly, ESQ

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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