2025-01-14 by Sue Hunt
Getting married is such an exciting time! Between the beautiful wedding, fun reception, and romantic honeymoon, there's a lot to celebrate. But it's also the perfect time to think about your future together and plan for the unexpected.
Estate planning might not be the first thing on your mind, but it's essential for everyone—whether you're young or old, married or single. It gives you peace of mind knowing that you and your loved ones are protected against life's surprises. Unfortunately, many couples spend more time planning their honeymoon than thinking about how to protect each other through estate planning.
Without an estate plan, things can get complicated if you become unable to manage your affairs due to illness or injury, or if you pass away. Here are some potential issues:
If you pass away without an estate plan, your spouse and loved ones will face additional challenges:
What Should You Do?
We invite you and your new spouse to call our office at 336-373-9877 to set up a meeting. We'll guide you through protecting each other, your loved ones, your pets, and your hard-earned assets. Let's make things easier for you and your families.
We look forward to hearing from you!
by Julia Walker
The Hidden Burden: What It Really Means to be an Executor, Trustee, or Agent under a Power of Attorney
An 80-year-old widower relied on his adult daughter for help with his daily life and finances for more than a decade. During that time, she managed his finances under a valid financial power of attorney, handling savings, pension income, and proceeds from the sale of his home. What began as routine assistance gradually became full financial responsibility.
After the father’s death, one of his sons—appointed executor of the estate—sued his sister for breach of fiduciary duty. The court ordered the sister to reimburse the estate more than $15,000, plus $35,000 in attorney’s fees.[1]
The issue was not abuse or bad intent. The father was, by all accounts, loved and well cared for. Rather, it came down to process. Incomplete records and the failure to keep funds fully separate turned well-meaning decisions into costly legal exposure.
This example is not hypothetical but a real case discussed by the American Bar Association,[2] and it illustrates what can happen when someone steps into a fiduciary role without fully understanding what it entails.
The people you choose for these roles could face similar consequences if they are not properly prepared, and part of that preparation falls on you.
More Than a Formality: Why These Roles Carry Real Risk
You may be familiar with fiduciaries in professional settings. A fiduciary is someone legally required to put another person’s interests ahead of their own. Your lawyer is a fiduciary. So are your accountant and other financial advisors.
What you may not know is that the people you name in your estate plan are held to the same legal standard.
Executors, trustees, and agents under powers of attorney are all fiduciaries. If they make mistakes, fail to keep proper records, or blur financial boundaries—even unintentionally—the consequences may include personal liability, family conflict, and court involvement.
When fiduciaries are unprepared, relationships can fracture, accusations of mismanagement can arise, and judges may need to step in. In an estate planning context, many fiduciary problems arise from inexperience and lack of guidance rather than from misconduct. The fiduciaries you name may have full-fledged professional responsibilities but lack professional background and training.
Being named to one of these roles can feel like an honor until the scope of responsibility becomes clear. And not knowing what the role requires is not a legal defense.
That is why it is important to understand these roles now, while you still have the ability to choose carefully, prepare the right people, and adjust your plan before avoidable oversights put your fiduciaries—and possibly your estate, finances, or health—at risk.
Know Your Role: Fiduciary Duties and When Engaging a Professional Makes Sense
Being named a fiduciary is a serious responsibility that, without support, can become an unworkable burden.
In some cases, hiring a professional makes more sense than relying solely on family or friends. Even when you choose someone familiar, that person should have access to a professional support team, such as your attorney, certified public accountant, or financial advisor, to help navigate the technical and legal aspects of the role.
Below is a plain-English overview of what each role involves, what can go wrong, and how professional support can help.
Agent Under a Power of Attorney
● The role: Authorized to manage your finances during your lifetime, including banking, investments, bill payment, and real estate transactions
● What can go wrong: Poor recordkeeping, informal reimbursements, or family disputes, often after your incapacity or death
● What it can cost: Required repayment, personal liability, legal fees, and court proceedings
● How a professional can help: A professional agent or co-agent can provide structure, documentation, and neutrality when finances or family dynamics are complex
Executor (or Personal Representative)
● The role: Settles your estate after death by gathering assets, paying debts and taxes, and distributing property according to your plan and the law
● What can go wrong: Delays, disputes, or perceived favoritism that trigger objections or claims of fiduciary breach
● What it can cost: Personal liability, removal by the court, legal fees, prolonged probate, and erosion of estate value
● How a professional can help: A professional executor or coexecutor can reduce friction and keep administration on track when complexity or conflict is likely
Trustee
● The role: Manages and distributes trust assets according to the trust’s terms, often for many years
● What can go wrong: Misinterpretation of trust provisions, inconsistent distributions, or poor accounting
● What it can cost: Personal liability, removal, surcharge claims, legal fees, and depletion of trust assets
● How a professional can help: A professional trustee can provide technical expertise, consistency, and emotional neutrality
The Hidden Cost That Most People Miss
Beyond legal exposure, fiduciaries often give up hundreds of hours of personal time and may need to make major decisions while grieving, which can cloud judgment and increase risk.
Professional fiduciaries do involve out-of-pocket costs—typically 1–2 percent of assets—but those costs are often modest compared with the costs of delays, disputes, litigation, or court intervention. In many cases, professional support preserves more value than it costs.
Another option is compensating family fiduciaries at a similar rate, recognizing the role as the serious responsibility it is.
Preparing and Supporting Your Fiduciaries
Think about your choice of fiduciaries the same way you would your future caregivers. It is about capacity every bit as much as, or more than, trust and familiarity.
Before finalizing your estate plan, ask yourself the following questions about your fiduciaries:
● Does this person have the time, organization, and emotional steadiness the role requires?
● Do they know they have been named to a specific fiduciary role (and what that means)?
● Have I made my expectations clear to them?
● Do they know where my documents, records, and key contacts’ information are located?
● What happens if they cannot or should not serve when the time comes?
During the planning process, we can help you move beyond discussions to practical actions that include not only naming the right fiduciaries but also
● helping you organize assets and key contacts’ information in a single location;
● designing a guide for specific fiduciaries; and
● having a fiduciary walk-through meeting with you and them to clarify responsibilities before the role becomes active.
Being a fiduciary is a significant burden, but it is not one that fiduciaries must face alone. We are here to help.
[1] Katherine C. Pearson, Perils of Serving as a Financial Caregiver, ABA (Jan. 1, 2018), https://www.americanbar.org/groups/law_aging/publications/bifocal/vol--39/issue-3--february-2018-/financialcaregiver.
[2] Id.
2024-04-08 by Sue Hunt
As a parent, you are responsible for the care of your minor child. In most circumstances, this means getting them up for school, making sure they are fed, and providing for other basic needs. However, what would happen if you and your child's other parent were unable to care for them?
It is important to note that if something were to happen to you, your child's other parent is most likely going to have full authority and custody of your child, unless there is some other reason why they would not have this authority. So in most cases, estate planning is going to help develop a plan for protecting your child in the event that neither parent is able to care for them.
What If You Die?
When it comes to planning for the unexpected, many parents are familiar with the concept of naming a guardian to take care of their minor children in the event both parents die. This is an important step toward ensuring that your child's future is secure.
Without an Estate Plan
If you and your child's other parent die without officially nominating a guardian to care for your child, a judge will have to make a guardianship decision. The judge will refer to state law, which will provide a list of people in order of priority who can be named as the child's guardian—usually family members. The judge will then have a short period of time to gather information and determine who will be entrusted to raise your child. Due to the time constraints and limited information, it is impossible for the judge to understand all of the nuances of your family circumstances. However, the judge will have to choose someone based on their best judgment. In the end, the judge may end up choosing someone you would never have wanted to raise your child to act as your child's guardian until they are 18 years old.
With an Estate Plan
By proactively planning, you can take back control and nominate the person you want to raise your child in the event you and the child's other parent are unable to care for them. Although you are only able to make a nomination, your choice can hold a great deal of weight when the judge has to decide on an appropriate guardian. The most common place for parents to make this nomination is in their last will and testament. This document becomes effective at your death and also explains your wishes about what will happen to your accounts and property. Depending on your state law, there may be another way to nominate a guardian. Some states recognize a separate document in which you can nominate a guardian, and that document is then referenced in your will. Some people prefer this approach because it is easier to change the separate document as opposed to changing your will if you want to choose a different guardian or backup guardians.
What If You Are Alive but Cannot Manage Your Own Affairs?
Although most of the emphasis is on naming a guardian for when both parents are dead, there may be instances in which you need someone to have the authority to make decisions for your child while you are alive but unable to make them yourself.
Without an Estate Plan
Not having an incapacity plan in place that includes guardianship nominations means that a judge will have to make this judgment call on their own with no input from you (similar to the determination of a guardian if you die without a plan in place).
With an Estate Plan
A comprehensive estate plan can also include a nomination of a guardian in the event you and the child's other parent are incapacitated (unable to manage your own affairs). Although you are technically alive, if you cannot manage your own affairs, there is no way that you will be able to care for your minor child. This is another reason why having a separate document for nominating a guardian (as described above) may be preferable to nominating guardians directly in a last will and testament. Because a last will and testament is only effective at your death, a nomination for a guardian in your will may not be effective when you are still living. However, a nomination in a separate document that anticipates the possibility that you may be alive and unable to care for your child can provide great assistance to the judge when evaluating a guardian. Depending on the nature of your incapacity, this guardian may only be needed temporarily, with you assuming full responsibility for your child upon regaining the ability to make decisions for yourself.
What If You Are Just Out of Town?
Sometimes, you travel without your child and will have to leave them in the care of someone temporarily. While you of course hope that nothing will go wrong while you are away, it is better to be safe than sorry.
Without an Estate Plan
Without the proper documentation, there may be delays in caring for your child if your child were to get hurt or need permission for a school event while you are out of town. The hospital or school may try to reach you by phone in order to get your permission to treat them or allow them to attend a school event. Depending on the nature of your trip, getting a hold of you may not be easy (e.g., if you are on a cruise ship with little access to phone or email). Ultimately, your child will likely be treated medically, but the chosen caregiver may encounter additional roadblocks trying to obtain medical services for your child, and they may not be able to make critical medical decisions when needed.
With an Estate Plan
Most states recognize a document that allows you to delegate your authority to make decisions on behalf of your child to another person during your lifetime. You still maintain the ability to make decisions for your child, but you empower another person to have this authority in the event you are out of town or cannot get to the hospital immediately. This document allows your chosen caregiver to make most decisions on behalf of your child, except for consenting to the adoption or marriage of your child. The name of this document will vary depending on your state and is usually effective for six months to a year, subject to state law. Because this document is only effective for a certain period of time, it is important that you touch base with us to have new documents prepared so that your child is always protected.
We Are Here to Protect You and Your Children
Being a parent is a full-time job. We want to make sure that regardless of what life throws at you, you and your child are cared for. Give us a call to learn more about how we can ensure that the right people are making decisions for your child when you cannot.
2025-02-04 by Sue Hunt
A home is often one of the most important assets that people own. Therefore, most people want to stay in their home until they die and then have a loved one receive it. One common way to pass a home to loved ones is through a will. However, transferring property with a will requires probate, which is generally considered a lengthy, costly, and public court process that many actively seek to avoid.
There are several ways an estate plan can transfer property without a will or probate court involvement when the owner passes away. In addition to a lifetime transfer of the property (by sale or gift), certain types of deeds can be used that take effect only upon the property owner's death and do not subject the property to probate. However, using these deeds for probate avoidance can potentially introduce new issues. A trust-based estate plan may be a better option if the goal is simply to avoid probate.
Home Ownership and Inheritance
We are living through one of the largest intergenerational wealth transfers in history. Roughly one in six Americans expect to receive an inheritance in the next 10 years, and among those, nearly half anticipate inheriting property such as a house.[1]
According to Pew Research, in 2021, nearly two-thirds of US households lived in a home they owned as their primary residence.[2] Homeowners have, on average, around $174,000 in equity in their homes—more than double the value of their next most valuable asset, retirement accounts, which have an average value of $76,000.[3]
Real Property, Legal Rights, and Trusts
A key concept in estate planning is honoring people's wishes by helping them control, as much as possible, what they own and what happens to it after their death.
An estate plan enables a homeowner to decide what happens to their property after they pass away, ensuring that it goes to the person (or people) they choose in a manner of their choosing, whether that means keeping it in the family and setting limits on its use or transferring the property to a beneficiary without restrictions.
Options for Transferring Real Property at Your Death
Estate planning is highly flexible, offering multiple ways to satisfy someone's wishes for what happens to their money and property when they die, each with a mix of benefits and downsides.
To avoid probate, there are many ways to transfer real property, both during the owner's lifetime and at their death. Some solutions can cost less than a trust, but as the examples below show, they can also have significant downsides and risks.
Deed-Based Transfers
A deed is a legal document that transfers real estate ownership from the current owner (the grantor) to another individual or entity (the grantee). Several types of deeds can be used to gift real property at the grantor's death. They include the following:
Again, not all of these types of deeds are legally valid in all states. An experienced estate planning attorney can explain what tools are available to you and discuss the benefits and potential risks.
Downsides to Using a Deed to Transfer Property at Your Death
There is no creditor protection for your beneficiaries. When a deed transfers property to a beneficiary, that property goes to the beneficiary outright. There are no strings attached and no protections. For instance, if the beneficiary were to receive the property during a bankruptcy proceeding, it might be used to satisfy the creditors because it is now considered the beneficiary's property.
There is no protection if the beneficiary is disabled or unable to manage their affairs. As previously mentioned, when the beneficiary receives the property, it is theirs. However, if they receive the property when they cannot manage their affairs, its management falls to another person. It may be handled by a court-appointed guardian or conservator or an agent under a financial power of attorney, who can do whatever they want with it (as long as it is in the incapacitated beneficiary's best interest). Also, if the beneficiary receives any means-based assistance, the sudden inheritance could jeopardize those benefits by placing the beneficiary above any applicable asset threshold.
There are no protections for you if you cannot manage your affairs. These deeds are a sufficient way to transfer property after you are deceased. However, if you cannot manage your affairs during your lifetime, the named beneficiary or remainderman has no access to or interest in the property to help you manage it until you pass away. You will have to rely on an agent under a financial power of attorney (if you have one) or a court-appointed guardian or conservator to manage the property on your behalf.
Your beneficiary is free to do what they want. As already discussed, if you use a deed to transfer ownership at your death, your beneficiary will receive the property outright. You cannot add any conditions or requirements regarding the property or its use. The beneficiary can sell, mortgage, or use it as a rental property (subject to applicable zoning restrictions). It is their property to do with as they please. Their intended use of the property may not align with your wishes.
Using a Trust to Transfer Real Property
While you may view your home as a place to live and not as an investment or financial vehicle, that perception can change when you pass away and the home passes to a loved one, particularly if that loved one already has a primary residence.
A beneficiary who inherits a home may decide to sell the property; turn it into a rental; renovate the property to use it as a farm or business; sell off individual structures on the property (such as a barn or historic structure); cash in on its natural resources (e.g., allow timber to be harvested); or even tear down the original home and build a new one in its place. When more than one beneficiary inherits the property, disagreements about how to best use it could arise.
You might not care what happens to your home when you are gone. However, if you want to set restrictions on its use for any reason—whether those reasons are sentimental or have the practical intent of reducing conflicts among multiple beneficiaries—you must use the right estate planning tool.
Consider placing your home in a living trust that legally owns the property, with you serving as a trustee and being the current beneficiary during your lifetime. This allows you to stay in your home—and maintain control over it—while you are alive. When you pass away, the home does not go through probate because you do not technically own it. Instead, a successor trustee assumes legal responsibility for the property and manages it or gives it away in accordance with your trust's terms.
The trust terms can be highly detailed, and limitations can be set on how the property can be used. You can stipulate, for example, that the property must be shared as a family vacation home and cannot be used for business purposes. You can require that the house be held in the trust until your minor children reach a certain age so they can remain in the home after your passing. While the trust owns the property, your terms will govern its use. As soon as the property is distributed from the trust, you lose all control over it.
The Best Way to Transfer Property for Every Situation
Estate planning is a highly personal process that must consider many factors, each of which can have multiple solutions that present a unique set of benefits and drawbacks.
Avoiding probate is usually just one estate planning consideration among many, and it may not be desirable in every situation.
Determining the best way to pass down real property at death depends on your preferences and family circumstances. An estate planning attorney can explain each available option and help you decide what is best for your situation.
[1] The "Great Wealth Transfer" is underway but nearly half expecting an inheritance are not ready to manage it, finds New York Life Wealth Watch Survey, New York Life, July 19, 2023, https://www.newyorklife.com/newsroom/2023/new-york-life-wealth-watch-great-wealth-transfer.
[2] Rakesh Kochhar and Mohamad Moslimani, 4. The assets households own and the debts they carry, Pew Research Center, Dec. 4, 2023, https://www.pewresearch.org/2023/12/04/the-assets-households-own-and-the-debts-they-carry.
[3] Id.
2026-04-10 by Julia Walker
Do I Need Long-Term Care Insurance and How Does It Work?
Policy experts and families alike have long noted that the United States lacks a comprehensive public system for long-term care.
Medicare generally does not cover these services, and while Medicaid can help, it is available only to people with very limited assets, often requiring a spend-down that can leave little or nothing for loved ones.
Private long-term care insurance (LTCI) offers a potential solution, but the market is more exclusive than it once was. The policies still available today are typically designed for relatively healthy people who can afford higher premiums.
In recent years, interest in the LTCI market has grown again, thanks in part to hybrid life insurance/LTC products. While LTCI is not right for everyone, both traditional and hybrid policies can play a useful role in protecting assets and supporting long-term care strategies.
What LTCI Is—and Is Not
KFF Health News and the New York Times recently published a series explaining why “few can afford to grow old” and many Americans are “dying broke” due to high long-term care costs and no universal public care system.[1]
Given this reality, a private LTCI policy may seem like a no-brainer. Yet the contraction of the LTCI market over the past few decades shows that this is a limited tool with a small target audience.
Around 70 percent of people aged 65 and older will need long-term care services during their lifetime, but fewer than 5 percent of Americans aged 50 and older own a long-term care policy.[2]
LTCI emerged in the 1970s and 1980s as a mass-market product, similar to life insurance but specifically designed to cover services that standard health insurance and Medicare typically do not pay for. It typically covers the following services:
● In-home care. Assistance with daily activities while staying at home
● Assisted living facilities. Supportive housing with care services
● Memory care. Specialized care for people with Alzheimer’s or other memory-related conditions
● Skilled nursing or nursing homes. Long-term skilled care in a facility with professional medical support
LTCI generally does not cover the following services:
● Short-term medical care that Medicare already pays for
● Care that does not meet policy requirements (Most policies only pay when you have significant cognitive impairment or cannot perform at least two activities of daily living, such as bathing or getting dressed.)
● Informal care by family or friends unless it meets the policy’s rules for coverage
What Else to Know About LTCI: Pricing, Options, and Fit
Why are more Americans not purchasing long-term care insurance? Let’s start with the benefits. Here is what LTCI can do:
● Provide dedicated funds for care
● Preserve assets for heirs
● Offer flexibility in choosing where and how care is provided
● Reduce reliance on family caregivers and Medicaid planning, including having to spend down savings
● Support spousal planning
But LTCI is far from a perfect solution and is not one-size-fits-all. These are some important factors to consider:
● Hybrid life/LTC products are growing in popularity,[3] combining long-term care coverage with a death benefit. They may be especially appealing to younger buyers or sandwich-generation families.[4]
● Some policies (especially older or narrowly designed ones) may not pay for all the care you assume is covered,[5] leading to substantial out-of-pocket costs.
● Modern policies often have stricter health requirements and more conservative pricing.
● A policy for a 55-year-old single man averages roughly $950 per year and about $1,500 for a single woman. A married couple of the same age purchasing coverage together may pay around $2,080 annually, with higher premiums for inflation protection, according to the American Association for Long-Term Care Insurance.[6]
● Plan features that affect pricing include age at the time of purchase, medical history and current health, daily or monthly benefit amounts, benefit duration, inflation protection, and waiting periods.[7]
With these factors in mind, LTCI may be worth considering in the following circumstances:
● You have meaningful assets at risk and want to reduce the possibility of care costs wiping out your savings.
● You want to preserve a legacy rather than using those assets for self-funded care.
● You want to protect a spouse’s financial stability if your partner requires care.
● You want to reduce the risk that care expenses will disrupt investments or other financial goals.
● You are healthy enough to qualify and can afford to pay premiums over the long term.
LTCI may not be a good fit in the following circumstances:
● You have limited cash or income flexibility, and premiums would stretch your budget or make other financial goals harder to achieve.
● You expect to rely primarily on public benefits; if you are planning for Medicaid to cover your care, LTCI may not be necessary.
● You have already arranged savings or trusts to cover care.
● You face health issues that may make it difficult or expensive to qualify for coverage.
● You are unwilling to commit to long-term premium obligations, preferring financial flexibility.
Whether LTCI is right for you comes down to a personalized analysis. The need for long-term care is becoming more common among aging Americans. However, a dedicated care policy is just one tool within LTC planning and the larger planning picture. You should evaluate its fit alongside your legal documents, insurance coverage, and financial goals so that long-term care—if it becomes necessary—does not dictate the choices available to you and your family.
[1] Dying Broke: A KFF Health News–New York Times Project, KFF Health News (Nov. 14–Dec. 15, 2023), https://kffhealthnews.org/dying-broke.
[2] Janet Weiner, Reforming Long-Term Care Policy: Lessons from the Past, Imperatives for the Future, Penn LDI (Dec. 4, 2025), https://ldi.upenn.edu/our-work/research-updates/reforming-long-term-care-policy.
[3] Is Life Insurance the Answer to the Growing Long-Term Care Need in the U.S.?, LIMRA (Aug. 28, 2025), https://www.limra.com/en/newsroom/industry-trends/2025/is-life-insurance-the-answer-to-the-growing-long-term-care-need-in-the-u.s.
[4] The Sandwich Generation: Balancing Care for Parents & Children, Caregiver Action Network, https://www.caregiveraction.org/sandwich-generation (last visited Mar. 31, 2026).
[5] Reed Abelson & Jordan Rau, Dying Broke: A KFF Health News–New York Times Project: Facing Financial Ruin as Costs Soar for Elder Care, KFF Health News (Nov. 14, 2023), https://kffhealthnews.org/news/article/dying-broke-facing-financial-ruin-as-costs-soar-for-elder-care.
[6] 2025 Long-Term Care Insurance Facts - Prices - Data - Statistics - 2025 Report, Am. Ass’n for Long-Term Care Ins., https://www.aaltci.org/long-term-care-insurance/learning-center/ltcfacts-2025.php (last visited Mar. 31, 2026).
[7] What Features of Long-Term Care Policies Should I Focus On?, Ins. Info. Inst., https://www.iii.org/article/what-features-long-term-care-policies-should-i-focus (last visited Mar. 31, 2026).
