Detailed Answer
If you are an unmarried parent in North Carolina, drafting a will ensures that your minor child inherits according to your wishes and that someone you trust cares for your child if you pass away. Without a valid will, state law governs distribution of your assets and appointment of a guardian, which may not align with your intentions.
1. Create a Valid Will Under North Carolina Law
To make a legally binding will, follow the requirements in N.C. Gen. Stat. § 31-2. You must:
- Be at least 18 years old.
- Sign the will in the presence of two adult witnesses.
- Have each witness sign your will.
2. Name a Guardian for Your Minor Child
In your will, nominate a guardian to care for your minor child. While North Carolina courts retain final approval, choosing a guardian shows your preference. Guardianship for minors falls under Chapter 35A of the North Carolina General Statutes.
3. Establish a Trust for Inheritance
You may want to protect your child’s inheritance by setting up a testamentary trust in your will. A trustee you appoint holds and manages assets until your child reaches an age you specify. You create such a trust under the trust provisions found in Chapter 36C, which governs revocable trusts.
4. Appoint an Executor
Select an executor to carry out your instructions. The executor gathers assets, pays debts, and distributes property under your will. Naming a responsible person avoids delays and disputes.
5. Review Beneficiary Designations
Some assets pass outside of a will, such as life insurance and retirement accounts. Check and update beneficiary forms so they align with your estate plan and provide directly for your child.
Key Steps to Arrange Your Will
- Verify you meet formal will requirements (N.C. Gen. Stat. § 31-2).
- Nominate a trusted guardian for your minor child under Chapter 35A.
- Set up a testamentary trust to manage your child’s inheritance (Chapter 36C).
- Name an executor to administer your estate.
- Update beneficiary designations on life insurance and retirement plans.
- Store your will in a safe place and tell your executor where to find it.
- Review and update your will after major life changes.
Call to Action
Arranging a will as an unmarried parent safeguards your child’s future and ensures your wishes come first. At Pierce Law Group, our attorneys guide you through every step of estate planning under North Carolina law. Contact us for help drafting a will that names a guardian, appoints an executor, and protects your child’s inheritance. Email us at intake@piercelaw.com or call (919) 341-7055 to schedule a consultation.
