7 Estate Planning Mistakes to Avoid in North Carolina

Retirement is a time to enjoy the fruits of your labor—whether that’s spending time with grandkids in Alamance County, exploring Burlington’s historic charm, or simply relaxing at home in Graham. But without a solid estate plan, your golden years could leave your loved ones with unexpected headaches. Estate planning isn’t just for the ultra-wealthy; it’s for anyone who wants to protect their assets and ensure their wishes are honored. Unfortunately, many North Carolina retirees make avoidable mistakes that can derail even the best intentions.

At Doby & Griffis Law, we’ve seen firsthand how these missteps can impact families in Alamance County and beyond. In this guide, we’ll walk you through seven common estate planning mistakes, share North Carolina-specific insights, and offer practical steps to keep your plan on track. Let’s dive in and help you safeguard your legacy—because you’ve worked too hard to leave it to chance.

Mistake #1: Not Having an Estate Plan at All

It’s easy to put off estate planning. Life gets busy, and the idea of drafting a will or trust can feel overwhelming. But here’s the reality: if you don’t have an estate plan in North Carolina, the state decides what happens to your assets through a process called intestate succession. Under North Carolina law (N.C. Gen. Stat. § 29), your estate could be divided in ways you never intended—potentially leaving your spouse with less than you’d hope or excluding stepchildren entirely.

Hypothetical Example

Imagine John, a retiree in Mebane, passes away without a will. He assumed his wife, Mary, would automatically inherit their home and savings. But because they had no children and John had a surviving sibling, North Carolina’s intestate laws split the estate, leaving Mary with only a portion and John’s brother with the rest. A simple will could have avoided this.

Actionable Advice

• Start Small: You don’t need a complex plan right away. A basic will can outline who gets what.

• Know NC Law: Intestate succession rules vary by state, so understanding North Carolina’s specifics is key.

• Get Help: A local firm like Doby & Griffis Law can craft a plan tailored to Alamance County residents.

Mistake #2: Forgetting to Update Your Plan

Life changes—marriages, divorces, births, and deaths all shift your priorities. Yet many retirees in Alamance County forget to revisit their estate plans. An outdated plan can lead to assets going to an ex-spouse or overlooking a new grandchild. North Carolina courts won’t rewrite your will based on what they think you meant—they follow what’s on paper.

Hypothetical Example

Sarah, a widow in Elon, drafted a will 20 years ago leaving everything to her son, Tom. Since then, Tom moved away, and Sarah grew close to her niece, Lisa, who helps her daily. Sarah passes away without updating her will, and Lisa receives nothing, despite Sarah’s clear intent.

Actionable Advice

• Review Every 3-5 Years: Set a reminder to check your plan regularly.

• Mark Major Life Events: Update your will or trust after a marriage, divorce, or birth.

• Stay Local: Alamance County laws may affect how updates are executed—consult a professional to ensure compliance.

Mistake #3: Ignoring Probate Challenges

Probate is the legal process of validating a will and distributing assets. In North Carolina, probate can be time-consuming and costly, especially in Alamance County where court dockets can get busy. Many retirees assume their will avoids probate, but that’s not true—only certain tools, like living trusts, can bypass it.

Hypothetical Example

Bill, a Graham resident, leaves a will directing his estate to his three kids. After his passing, the will enters probate in Alamance County. Legal fees and delays stretch the process over a year, leaving his family frustrated and out of pocket.

Actionable Advice

• Consider a Trust: A revocable living trust lets assets pass directly to heirs, avoiding probate.

• Understand NC Probate: Alamance County follows North Carolina’s Uniform Probate Code—know what to expect.

• Plan Ahead: Discuss probate-avoidance strategies with an estate planning attorney.

Mistake #4: Overlooking Healthcare Directives

Estate planning isn’t just about money—it’s about your well-being. In North Carolina, a healthcare power of attorney and living will dictate who makes medical decisions and what care you receive if you’re incapacitated. Without these, your family could face tough choices—or even court battles—during a crisis.

Hypothetical Example

Ellen, a retiree in Burlington, suffers a stroke and can’t communicate. She never named a healthcare agent. Her daughter and son disagree on treatment, leading to a costly legal fight in Alamance County court while Ellen’s care hangs in the balance.

Actionable Advice

• Draft a Healthcare POA: Appoint someone you trust to make medical decisions.

• Create a Living Will: Specify your wishes for end-of-life care.

• Keep Documents Accessible: Share copies with your agent and doctor—not just your lawyer.

Mistake #5: Misunderstanding Taxes

Taxes can take a bite out of your estate if you’re not careful. While North Carolina doesn’t have an estate tax (repealed in 2013), federal estate taxes still apply to larger estates (over $13.61 million in 2025). Retirees often miss opportunities to minimize taxes through gifting or trusts, especially with farmland or family businesses common in Alamance County.

Hypothetical Example

Frank, a Haw River farmer, leaves his $2 million property to his kids without tax planning. While it’s under the federal threshold, his failure to gift portions during his lifetime means missed tax breaks, reducing what his heirs keep.

Actionable Advice

• Gift Wisely: You can give $18,000 per person annually (2025 limit) tax-free.

• Leverage Trusts: Certain trusts can shield assets from taxes.

• Consult Experts: Tax laws change—get advice tailored to North Carolina and federal rules.

Mistake #6: DIY Estate Planning Gone Wrong

Online templates promise cheap, easy estate plans, but they often fail to account for North Carolina’s unique laws. A poorly drafted will or trust can be invalid, leaving your estate in limbo. In Alamance County, where property and family dynamics vary, a one-size-fits-all approach rarely works.

Hypothetical Example

Mike, a Snow Camp retiree, uses an online will kit. He forgets to include a required witness signature under N.C. Gen. Stat. § 31-3.3. After his death, the court rejects the will, and his estate follows intestate rules—contrary to his wishes.

Actionable Advice

• Avoid Shortcuts: DIY tools lack the nuance of North Carolina law.

• Hire a Professional: An attorney ensures your documents meet legal standards.

• Local Knowledge Matters: Firms like Doby & Griffis Law understand Alamance County’s quirks.

Mistake #7: Not Communicating Your Plan

Even the best estate plan can spark family disputes if your loved ones don’t understand it. In North Carolina, unclear intentions often lead to will contests, especially in close-knit Alamance County communities where emotions run high after a loss.

Hypothetical Example

Linda, a retiree in Saxapahaw, leaves her home to her daughter and savings to her son but never explains why. After her passing, her son contests the will, believing it’s unfair, tying up the estate in court for months.

Actionable Advice

• Talk It Out: Share your plan with heirs to avoid surprises.

• Document Intentions: Add a letter of explanation to your will or trust.

• Seek Mediation: An attorney can help facilitate tough conversations.

NC-Specific Legal Insights for Alamance County Retirees

North Carolina has distinct estate planning rules that affect Alamance County residents. Here’s what to know:

• Spousal Rights: Under N.C. Gen. Stat. § 30-3.1, a surviving spouse can claim an elective share (up to 50% of the estate) if disinherited, overriding your will.

• Witness Requirements: Wills need two witnesses in North Carolina—don’t skip this step.

• Probate Process: Alamance County’s probate court handles estates locally, but delays are common without proper planning.

• Rural Property: Farms and large lots, prevalent in areas like Haw River, require special attention for tax and succession planning.

Working with a local firm ensures your plan aligns with these laws and your community’s needs.

Summary: Protect Your Legacy Today

Estate planning mistakes can cost your family time, money, and peace of mind. To recap, avoid these pitfalls:

• Don’t skip creating a plan—intestate succession isn’t your friend.

• Update your plan as life evolves.

• Plan around probate with trusts or joint ownership.

• Include healthcare directives for your care.

• Minimize taxes with smart strategies.

• Skip DIY disasters—get professional help.

• Communicate your wishes to your loved ones.

Take the Next Step with Doby & Griffis Law

You’ve spent decades building a life in Alamance County—don’t let common estate planning mistakes unravel it. At Doby & Griffis Law, we’re here to guide you with personalized, approachable advice rooted in North Carolina law. Whether you’re in Burlington, Graham, or Mebane, our team understands the local landscape and your unique needs as a retiree.

Ready to protect your legacy? Book a consultation with Doby & Griffis Law today. Let’s craft a plan that gives you peace of mind and keeps your family secure. Contact us now—because your future deserves the best.