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Why College-Bound Students Over 18 Should Have Powers of Attorney in Place

Once a child turns 18, they are legally considered an adult in the eyes of the law. One critical item that often gets overlooked—estate planning for young adults.

As summer winds down and your child prepares for their first semester of college, your checklist likely includes textbooks, dorm essentials, and maybe a few emotional goodbyes. One more critical item that often gets overlooked—estate planning for young adults. It may sound premature to think about estate planning for someone just stepping into adulthood. But once a child turns 18, they are legally considered an adult in the eyes of the law. That means parents no longer have automatic authority to make medical decisions, access health records, manage bank accounts, or handle other important matters on their child’s behalf, even in an emergency. This is where Powers of Attorney come into play.

At a minimum, every young adult should have two foundational documents in place before heading off to college:

1. Healthcare Power of Attorney
This document allows your child to name someone they trust—usually a parent—to make medical decisions on their behalf if they are unable to do so themselves. It also allows you to speak with doctors and make decisions regarding your child’s care, which can be crucial if an accident or illness occurs while they’re away at school.

2. Financial Power of Attorney
This gives a trusted person the authority to handle financial matters such as paying bills, managing bank accounts, handling tuition or housing payments, or dealing with financial aid offices and insurance companies if your child is temporarily incapacitated.

In our Child Power of Attorney Package, we also include HIPAA Authorization forms. This form allows an appointed person to access your medical records in the event of an emergency.

Why It Matters
Emergencies are never expected, but they do happen. Whether it’s a serious car accident, an unexpected illness, or even just dealing with administrative tasks while your child is studying abroad or in another state, these documents provide peace of mind and a clear path for you to step in and help, without additional legal hurdles.

Creating Powers of Attorney is a simple process that allows young adults to make decisions for themselves while still providing a safety net. It also gives your child an opportunity to learn more about managing their own affairs and thinking ahead about the responsibilities of adulthood.

Our goal is to make it easy for families to put these important protections in place. Whether your child is heading to a local college or across the country, we’re here to help you start this next chapter with confidence and legal peace of mind.

Digital Access in Crisis: The Importance of Organizing Online Accounts and Passwords

Planning ahead is not only a matter of convenience—it is a critical step in protecting one’s financial and personal legacy.

In the digital age, managing online accounts, passwords, and bill payment systems has become a fundamental part of daily life. However, many individuals overlook the importance of organizing and sharing this information in case of incapacity or death. Without access to login credentials, family members or legal representatives may struggle to manage or settle an estate, resulting in missed payments, frozen assets, or loss of important digital records. Planning ahead is not only a matter of convenience—it is a critical step in protecting one’s financial and personal legacy.

In the event of incapacity, access to usernames and passwords allows a trusted agent to maintain continuity of essential financial obligations such as mortgage payments, utilities, insurance premiums, and tax filings. If these tasks are neglected due to lack of access, penalties and service interruptions can occur, compounding the challenges faced by a family already dealing with emotional and logistical strain. Naming an agent under a durable power of attorney and providing them with secure access to digital credentials ensures timely management of ongoing responsibilities.

In the case of death, failure to organize online account access can significantly delay estate administration. Executors often need to access financial accounts, investment platforms, email, and digital subscription services to inventory assets, close accounts, and notify institutions. When login credentials are unknown or untraceable, it can lead to unnecessary delays or even permanent loss of digital property. Many platforms have strict privacy policies, and gaining access after death without prior planning can involve complicated legal proceedings.

To avoid these complications, individuals should create a secure, regularly updated list of online accounts, usernames, passwords, and recurring bills. This information should be stored in a secure location, such as a password manager or encrypted file, with access granted to a trusted person or fiduciary. Including digital asset instructions with your estate planning documents helps ensure that agents and executors can fulfill their roles efficiently. By proactively managing digital access, individuals provide their families with clarity, stability, and peace of mind during times of crisis.

The Power of Beneficiary Designations: What Every Client Should Know

One of the most overlooked tools in your estate plan are beneficiary designations. Here’s what you need to know about them.

When people think of estate planning, they often picture wills and trusts – but one of the most powerful tools in your estate plan is often overlooked: beneficiary designations. Those simple designations, tied to retirement accounts, life insurance, and even some bank accounts, can override your will and determine the direct transfer of wealth at death. From an estate planning perspective, that makes them both incredibly useful – and potentially risky if not managed carefully.

Why Beneficiary Designations Matter So Much?

They Bypass Probate. Assets with named beneficiaries (like IRAs, 401(k)s, and life insurance) typically pass directly to those beneficiaries without going through probate. This means faster access for your loved ones and fewer legal fees.
They supersede your will. Even if your will says one thing, the beneficiary form rules.
They’re critical in tax planning. Designations can also affect how your heirs are taxed. For example, naming individuals as beneficiaries of a retirement account can help stretch the tax impact over 10 years, while naming your estate may accelerate taxes unnecessarily.

Common Mistakes We See:

Outdated beneficiaries (especially after divorce, remarriage, or the birth of children)
No contingent beneficiaries listed
Minor children named directly (can lead to court-appointed guardianship)
Mismatched designations and estate planning documents
Failure to name a trust when appropriate (especially for special needs beneficiaries or complex family dynamics)

What You Should Do Now?

Review all beneficiary designations annually or after major life events.
Coordinate designations with your overall estate plan.
Consider when to name a trust as a beneficiary – for example, to manage distributions to minors or protect assets from creditors.

Need a Beneficiary Review?

We offer beneficiary audits as part of our estate planning services. Whether you’re updating your old estate plan or just getting started, we’re here to help ensure your designations reflect your true wishes – and work in harmony with your plan.

About the Author

Hillary E. Mims
NC State Bar Certified Paralegal

Ensuring Your Legacy: The Importance of Takers of Last Resort in Estate Planning

A customized estate plan provides you with peace of mind, knowing your legacy will be preserved and your beneficiaries will be cared for.

As estate attorneys, one of the most valuable skills you can offer your clients is custom drafting that meet their unique needs and goals. In our initial planning conferences, we take the time to thoroughly discuss a variety of provisions that may be essential for your estate plan, including the inclusion of “takers of last resort.” These are individuals, organizations, or entities designated to inherit assets if no primary or secondary beneficiaries can be located. This provision is critical for clients who have complex family structures, multiple beneficiaries, or uncertain future circumstances.

For those who may not have clear successors or wish to ensure their estate plan remains relevant as family dynamics shift, a taker of last resort provision is especially important. It allows you to have peace of mind, knowing that, in the event your intended heirs are unavailable or cannot be found, the estate will still be distributed in accordance with your wishes—rather than subject to the state’s default laws, which may not reflect your desires or intentions. By proactively including this safeguard in the trust, we can prevent the estate from becoming entangled in lengthy probate proceedings or being distributed to unintended parties. This provision ensures that the assets go where you want, even as your personal circumstances and family structure evolve over time.

Additionally, the ability to craft specific gifts—whether monetary, real property, or sentimental items—is a crucial element of thoughtful estate planning. Many clients have particular wishes when it comes to leaving real property, businesses, or financial assets to specific individuals, whether it’s family land passed down through generations, a business venture, or a certain sum of money designated for a loved one or charitable cause. A well-drafted trust can clearly outline these specific gifts, ensuring that the client’s intent is carried out exactly as envisioned. Without clear documentation, these gifts could potentially cause confusion, disputes, or even litigation among heirs, leading to unnecessary delays, emotional stress, and financial burdens.

When an estate plan includes well-defined specific gifts, it allows for a smoother, more organized distribution of assets. You benefit from an estate plan that not only safeguards your legacy but also reduces the potential for disagreements among heirs. This level of specialization provides a sense of security, knowing your wishes are clearly understood and your beneficiaries will receive what you intended. Ultimately, a tailored estate plan that incorporates specific gifts ensures a streamlined administration process, protecting both your desires and the interests of your beneficiaries.

In summary, specialized estate planning, including provisions for “takers of last resort” and specific gifts, ensures that your assets are distributed according to your wishes, even in the face of changing family dynamics or unforeseen circumstances. By clearly outlining these provisions, we can help clients avoid potential disputes, reduce confusion, and streamline the estate administration process. Ultimately, a customized estate plan provides you with peace of mind, knowing your legacy will be preserved and your beneficiaries will be cared for.

About the Author

Emily B. Johnson
Legal Assistant

What Happens If You Die Without a Will in North Carolina?

In North Carolina, if you pass away without a will, the state—not you or your loved ones —will determine how your assets are distributed.

Many North Carolina residents pass away every year having never developed an estate plan or even written a will. In North Carolina, if you pass away without a will, the state—not you or your loved ones —will determine how your assets are distributed. This can lead to unintended consequences, legal complications, and avoidable family disputes.

North Carolina’s Intestacy Laws
When someone dies without a will (known as dying “intestate”), North Carolina law dictates how their assets are distributed. The order of inheritance depends on your family makeup:

Married with children: Your spouse will share your assets with your children.
Married without children: Your spouse may have to split assets with your parents or other relatives.
Single with children: Your children inherit everything, divided among them in equal shares.
No spouse or children: Your parents, siblings, or other relatives will likely inherit your estate. If no relatives are found, your assets will escheat to the state.

What About Minor Children?
If you have children under the age of eighteen and no surviving spouse or other guardian of those children, dying without a will means the court will likely decide who raises them. Without clear instructions, family members often disagree, frequently leading to lengthy and costly legal battles that add stress.

The Probate Process Without a Will
Without a will, assets you own in your individual name will go through probate, an often time-consuming and expensive process. The court will appoint an administrator to handle your estate, and your family may face delays and legal fees that could have been avoided.

Take Control of Your Legacy
As the saying goes, if you don’t have a will, the state will write one for you. To avoid this fate, consider reaching out to our team to discuss your estate planning goals and fears. We will be happy to work with you to prepare a plan today.

Estate Planning in the New Year: Ensuring a Secure Future

Estate planning is a critical element in this process, providing the tools and strategies necessary to protect your assets, ensure your wishes are carried out, and reduce the burden on your family.

As we step into the new year, it’s an ideal time to reflect on the state of our personal finances and take proactive steps toward securing the future for ourselves and our loved ones. Estate planning is a critical element in this process, providing the tools and strategies necessary to protect your assets, ensure your wishes are carried out, and reduce the burden on your family. In 2025, with evolving laws, emerging technologies, and societal shifts, estate planning takes on new importance, offering a chance to adapt and refine your approach to wealth preservation.

Why Estate Planning Matters

Estate planning is not just for the wealthy. Everyone, regardless of the size of their estate, can benefit from having a plan in place. At its core, estate planning is about ensuring that your assets are distributed according to your wishes, minimizing taxes, and avoiding conflicts among family members after your death. It also includes making provisions for your care in case of incapacity, ensuring your healthcare wishes are honored, and naming trusted individuals to manage your affairs.

Adapting to Change in 2025

The landscape of estate planning is evolving. With ongoing changes in tax laws, especially those related to estate and gift taxes, it’s essential to stay informed about new rules that may impact your planning strategies. For instance, the 2025 expiration of certain tax provisions, including higher estate tax exemptions, is creating urgency for many to reassess their plans. Actively working with an estate planning attorney can help you take advantage of tax-saving strategies before potential changes take effect.

Digital Assets and Technology

Another trend to consider in the new year is the rise of digital assets. In today’s digital world, many individuals hold valuable online accounts, cryptocurrency, digital art, and social media profiles. These digital assets require specific attention in your estate plan to ensure they’re properly managed and passed on to your beneficiaries. Make sure to review and update any digital accounts, passwords, and other online assets.

Additionally, technology continues to influence estate planning tools. Online platforms such as blockchain technology used for securely transferring assets, are becoming increasingly popular. These innovations make the estate planning process more accessible and efficient, ensuring your wishes are securely documented.

Healthcare and Long-Term Care

As the population ages and life expectancy increases, long-term care and healthcare planning become even more crucial. Whether it’s creating healthcare directives, selecting a healthcare proxy, or securing long-term care insurance, preparing for medical needs in later life is an essential part of a comprehensive estate plan. With the rising costs of healthcare, planning ahead for these potential expenses can safeguard your wealth and provide peace of mind.

Estate planning in the new year offers a fresh opportunity to review and refine your plans. Whether you are addressing new tax laws, digital assets, charitable giving, or healthcare concerns, the time to act is now. By taking a thoughtful, proactive approach to estate planning, you ensure that your wishes are respected, your loved ones are cared for, and your legacy endures for generations to come. Don’t wait for the unexpected; start the year off with a clear, updated estate plan that will guide you through the future with confidence.

About the Author

Todd A. Stewart, JD
Founding Partner