Meet Our Team

Jake Passey

Jake earned his Bachelor of Science in Communication Studies from Utah State University. With a background in sales and entrepreneurship, he brings strong communication skills and a client-focused approach to his work.

He has assisted in drafting hundreds of estate plans and supporting clients through the planning process, gaining valuable experience in helping families navigate important decisions with clarity and confidence.

FAQ

  • Estate planning is the process of creating legal documents that protect you, your family, and your assets if you become incapacitated or pass away. A comprehensive estate plan typically includes a Will or Trust, Durable Power of Attorney, Healthcare Power of Attorney, and Advance Directive.

    Without an estate plan, state law determines who receives your assets and who makes decisions for you. Working with an experienced estate planning attorney ensures your wishes are legally enforceable and tailored to your family’s specific needs.

  • A Will and a Trust are both estate planning tools, but they function differently.

    A Last Will and Testament:

    • Names beneficiaries

    • Appoints guardians for minor children

    • Must go through probate court

    A Revocable Living Trust:

    • Allows assets to pass outside of probate

    • Provides privacy

    • Can offer ongoing asset management and protection

    If your goal is to avoid probate or provide long-term protection for loved ones, a Trust-based estate plan may be more appropriate. An estate planning lawyer can help determine which option fits your situation.

  • No, a Will does not avoid probate.

    A Will directs the probate process, but the estate must still go through court supervision before assets are distributed. Probate can involve delays, court costs, and public filings.

    If avoiding probate in North Carolina / South Carolina is important to you, a properly structured Trust may help keep your estate out of court and streamline asset distribution.

  • If you die without a Will, you are considered to have died “intestate.” State intestacy laws determine who inherits your property.

    This means:

    • The court appoints a personal representative.

    • Minor children may not have the guardian you would have chosen.

    • Assets are distributed according to state law — not necessarily your wishes.

    Creating a legally valid Will ensures your family is protected and reduces unnecessary complications.

  • If you become incapacitated without legal documents in place, your loved ones may need to petition the court for guardianship or conservatorship.

    A complete estate plan typically includes:

    • Durable Power of Attorney (for financial decisions)

    • Healthcare Power of Attorney

    • Advance Directive / Living Will

    These documents allow trusted individuals to step in immediately and make decisions according to your wishes — without court involvement.

  • Most estate planning attorneys recommend reviewing your estate plan every 3–5 years or after major life events such as:

    • Marriage or divorce

    • Birth or adoption of a child

    • Significant changes in assets

    • Death of a named beneficiary or fiduciary

    • Moving to a new state

    Outdated documents can create confusion or unintended consequences. Regular reviews ensure your plan reflects your current life and goals.

  • Almost every adult needs an estate plan — not just the wealthy.

    You need estate planning if you:

    • Own a home or real estate

    • Have children

    • Are married or in a blended family

    • Have retirement accounts or life insurance

    • Want to avoid probate

    • Want control over who makes medical decisions

    Estate planning is about protecting your family, not just distributing assets. Even young families benefit from having clear legal protections in place.