What everyone should know about long-term care planning
September 20th, 2026
The administration of a loved one’s final estate can often be more difficult, expensive, and time-consuming than it needs to be.
Over the years, having overseen hundreds of estate administrations for clients, the best legal problems one may have are the ones which never happen. But it takes a general understanding of how these problems can be avoided or minimized.
Over the next two columns, we will list practical tips those who assist you in managing an estate will provide to clients to ensure a smooth estate administration.
1. Where is the will?
You would be surprised at the number of people who passed away and their last cannot be located. Family members believe a will was done at some point, but they have little or no idea where it is.
Best practice: Your executed will should be kept in a secure place, and your proposed executor (the person who administers the estate) or a trusted family member needs to know where it is. What happens if there is no will that can be found, or the loved one did not execute a will? The State of North Carolina, by statute, writes a will for you, and it is highly likely your assets are not going to go the way you want them to go.
For example, a husband and wife who execute wills generally provide that a spouse who passes away leaves everything they have to the surviving spouse. If there is no will, state law provides the spouse’s property is DIVIDED among the surviving spouse and surviving children.
2. What are the assets of the decedent?
A regular issue in an estate administration area occurs when an asset is discovered after the estate administration is completed (dividend checks on forgotten stock holdings, for example). The estate must be reopened, often at some considerable expense, further delaying the overall resolution of an estate, and it often takes a fair amount of time.
A search and thorough review of common asset categories on the front end of an estate is important. Your investment and financial advisors as well as your attorney can assist you with simple forms you can fill out. A general summary of the location and value of your assets is all that is needed to complete most estate planning documents.
Even a trusted family member sometimes does not know what they do not know about their loved one’s assets. It makes sense to contact a decedent’s financial advisor, accountant, or attorney to see if they have a more comprehensive picture of the decedent’s assets. These advisers also know more of the various categories/places to consider to be sure assets are not hurriedly overlooked.
Best practice: Have a comprehensive list of your assets and be sure your loved ones or representatives know where it is.
3. Burial Wishes:
Individuals may provide this information in their will, but the will is sometimes not reviewed until after one’s funeral services. Any instructions regarding one’s burial plans, burial plots, choice of burial or cremation, and funeral home of choice cannot be undone at that point.
Best practice: Burial wishes should be included in one’s health care power of attorney, and one’s plans should be fully known by family members ahead of time so there is a clear understanding of your wishes, and any advance planning you may have already done. (The purchase of a pre-paid funeral burial/cremation plan, for example.)
Consider contacting the NCBA Lawyer Referral Service (919.677.8574) for the name of a knowledgeable attorney who will consult with you on this topic for thirty minutes for $50.
Remember: An informed choice is a smart choice.
Posted in: Winston-Salem Journal Articles