When it comes to estate planning, there are a few truths that almost everyone gets wrong — and they can dramatically impact how your assets are passed down. If you assume your kids will automatically inherit everything, if you think your will controls all your assets, or if you’ve named minors directly as beneficiaries, it’s time to take a closer look.
Understanding how estate laws actually work in North Carolina will help you protect your family — and your legacy — from unnecessary stress and confusion.
A common misconception is that if you name your children as beneficiaries in your will, they’ll automatically receive everything you’ve left them. But that’s not always true, especially if you’re married.
In North Carolina (and most other states), your surviving spouse is entitled by law to what’s called an “elective share” of your estate — even if your will says otherwise. This means your spouse can petition the court for a guaranteed portion, which ranges from 15% up to 50% of your total estate.
That percentage is calculated based on your gross estate — not just your probate assets, but also non-probate property such as life insurance policies, retirement accounts, and jointly owned real estate. In short, your entire financial picture matters.
Another common misunderstanding involves what a will actually does. A will only governs assets that are in your name alone at the time of your death and that don’t transfer automatically to someone else.
That means your will does not control:
For example, if your will states that your home should go to your children, but you own that home jointly with your spouse, your spouse will automatically inherit it — regardless of what your will says.
This is why coordinating your will, beneficiary designations, and property ownership is key to ensuring your estate plan works exactly as you intend.
Finally, many parents name their children directly on a will or life insurance policy, not realizing that minors can’t legally own property in North Carolina.
If a child inherits assets before turning 18, a court-appointed guardian must be assigned to manage those funds. This process requires annual probate filings until the child turns 18 — when they’ll suddenly gain full control of all remaining assets, with no restrictions.
Creating a trust for minor beneficiaries instead allows you to delay distributions, provide better oversight, and ensure your child’s inheritance is protected until they’re mature enough to handle it responsibly.
Estate laws are complex, and small misunderstandings can have lasting financial consequences for your loved ones. The good news? Planning ahead prevents these problems.
If you’re ready to review your estate plan or start one that reflects your goals, schedule a consultation with Cary Estate Planning today. Call our office at 919-659-8433 for a free discovery call and initial attorney consultation.
Or directly schedule a free discovery call at your convenience: calendly.com/caryep/discovery-call-get-started-cep-blog
Paul Yokabitus is the CEO and Managing Partner of Cary Estate Planning, a Cary, NC, estate planning law firm. With years of experience in estate and elder law, he has zealously represented clients in various legal matters, including estate planning, guardianship, Medicaid planning, estate administration, and other cases.
Paul received his Juris Doctor from the Campbell University School of Law and is a North Carolina Bar Association member. He has received numerous accolades for his work, including being named among the “Best Attorney in Cary” in 2016 and 2017 by Cary News and Rising Star in 2020-2023 by Super Lawyers.