The One New Year's Resolution That Actually Protects Your Family
We're a week into January, and if you're like most people, you've already started thinking about which resolutions you'll actually keep this year. Hit the gym more? Learn a new language? Finally organize that junk drawer?
Here's one resolution that won't take much time but could make all the difference for your family: getting your estate plan done.
I know, I know. Estate planning sounds about as exciting as watching paint dry. But stick with me here, because this is one of those adulting tasks that's way easier than you think and way more important than most people realize.
Why January Is Actually Perfect for Estate Planning
There's something about the start of a new year that makes us want to get our lives in order. We're thinking about goals, about the future, about what really matters. That's exactly the mindset you need for estate planning.
Plus, let's be honest: if you wait until "the right time," you'll be waiting forever. There's never a perfect moment to think about what happens after we're gone. But January? January is as good as any, and better than most.
What Happens If You Don't Have a Plan?
Here's the reality that nobody likes to talk about: if something happens to you and you don't have an estate plan, the state of North Carolina decides what happens to your stuff and who takes care of your kids. Not your best friend who knows your kids better than anyone. Not your sister who shares your values. The state.
North Carolina has default rules about how your assets get divided up. They're not terrible rules, they're just generic. They don't know that you wanted your daughter to have your grandmother's ring, or that you'd rather your brother not be involved in any financial decisions, or that your partner of ten years (who you never married) should actually inherit your house.
Without a plan, your family could be stuck in probate court for months, spending money on legal fees instead of moving forward with their lives. They'll be making decisions during one of the hardest times of their lives, without any guidance from you.
Estate Planning Isn't Just for Rich People
Let me clear up the biggest misconception about estate planning right now: it's not just for people with mansions and trust funds.
If you own a house, have a retirement account, have kids, have a car, have anything you care about then you need an estate plan. If there's anyone you'd want to make medical decisions for you if you couldn't, you need an estate plan. If you'd rather not have your family fighting about your wishes, you need an estate plan.
Think about it this way: you probably have more assets than you realize. Your home equity. Your life insurance. Your 401(k). Your car. Your personal possessions. All of that adds up, and all of that needs to go somewhere.
What Does an Estate Plan Actually Include?
An estate plan isn't just a will though that's definitely part of it. Here's what we typically include:
A Last Will and Testament that says who gets your assets, who's in charge of distributing them, and most importantly, who takes care of your minor children if something happens to you.
A Healthcare Power of Attorney that names someone to make medical decisions for you if you can't make them yourself. This is huge. Without this, your family might have to go to court just to have the authority to make healthcare choices on your behalf.
A Financial Power of Attorney that lets someone you trust handle your finances if you're unable to do so. Think paying bills, managing accounts, handling business matters.
A Living Will (also called an advance directive) that outlines your wishes for end-of-life care. It's not fun to think about, but it's one of the kindest things you can do for your family. Taking the burden of those impossible decisions off their shoulders.
Depending on your situation, we might also talk about trusts, beneficiary designations, and other tools. But those four documents? Those are your foundation.
But I'm Young and Healthy
I hear this all the time, and I get it. When you're 35 and in good health, estate planning feels like something for "old people."
But here's the thing: estate planning isn't just about death. It's about incapacity too. What if you're in a car accident and in a coma for two weeks? What if you have a stroke? What if you develop early-onset dementia?
And if you have kids? You need an estate plan yesterday. Full stop. Your kids need to know who's going to take care of them if something happens to you. That's not morbid—that's responsible parenting.
"My Spouse Will Just Get Everything Anyway"
Maybe, but maybe not. North Carolina law doesn't automatically give everything to your surviving spouse if you have kids. Your spouse might get half, while your kids get the other half. That can create all kinds of complications, especially if your kids are minors.
Plus, what if something happens to both of you? Who takes care of the kids then? Who manages the assets until they're old enough? Without a plan, those questions get answered by a court, not by you.
The Peace of Mind Factor
Here's what nobody tells you about estate planning: once it's done, you feel lighter.
There's this low-level anxiety that comes from knowing you haven't handled something important. It sits in the back of your mind, especially when you're boarding a plane or driving through bad weather or getting any kind of health news. That nagging thought of "I really should get my affairs in order."
Getting your estate plan done eliminates that anxiety. You know your family is protected. You know your wishes are documented. You know you've handled your business. It's one less thing to worry about, and in today's world, that's worth a lot.
How We Make This Easy for You
Look, I know that traditional law firms can be intimidating. Fancy offices, stuffy conference rooms, lawyers who bill by the six-minute increment for every phone call. That's not how we roll.
Balbach & Davenport Legal works differently. We're a virtual firm, which means you can work with us from your couch in your pajamas if you want. We use technology to make the process simple and straightforward. We talk like normal people, not like we swallowed a law dictionary.
Our goal is to make legal services accessible. We want you to actually understand what you're signing. We want you to feel comfortable asking questions. We want this to feel less like going to the dentist and more like having coffee with someone who happens to know a lot about estate planning.
The Fresh Start You Actually Need
This January, while everyone else is buying gym memberships they won't use and trying to meal prep on Sundays, you could do something that actually changes things for your family.
You could get your estate plan done.
It doesn't take as long as you think. It doesn't cost as much as you think. And once it's done, you'll wonder why you waited so long.
Your future self and your family will thank you.
Ready to check this off your list? Let's talk. Because this is one resolution that's actually worth keeping.
At Balbach & Davenport Legal, we're your legal family planners for every stage of life. We make estate planning accessible, understandable, and dare we say it…actually kind of painless. Reach out to us to get started on your plan today.
