Your Estate Plan Expired and You Didn't Even Know It
If you created an estate plan back in 2015, 2010, or even earlier, you probably think you're all set. You checked the box. You did the responsible thing. Your will is in a file drawer somewhere, your power of attorney is signed, and you haven't thought much about it since.
Here's what I need to share with you: that estate plan may no longer work the way you intended.
I'm not saying the documents aren't legally valid (most of them still are). What I'm saying is that the plan you created years ago was designed for a different version of your life. Your family has changed. Your assets have changed. North Carolina law has changed. And quite candidly, if something happened to you today, your family might discover that your carefully prepared estate plan doesn't actually address your current reality.
So let's talk about what makes an estate plan "expire" (and more importantly, how to know if yours needs updating).
The Couples Who Think They're Protected (But Aren't)
Let me give you a typical example. Let's say you and your spouse created your estate plan in 2013. At the time:
Your kids were in middle school
You owned a home worth $350,000
You had $500,000 in retirement accounts
Your brother was named as guardian for your kids
Your sister-in-law was your backup executor
Fast forward to today. Your kids are now adults (one is married, one just had your first grandchild). Your home is now worth $625,000. Your retirement accounts have grown to $1.2 million. Your brother moved to Arizona five years ago. Your sister-in-law passed away in 2021.
Your estate plan still names your brother as guardian for minor children who are now 26 and 28 years old. It names your deceased sister-in-law as backup executor. It was designed when your estate was worth $850,000 (now it's worth nearly $2 million). It says nothing about your grandchild or how you want assets passed to the next generation.
This is the reality for thousands of North Carolina families right now. The documents are valid. The plan is outdated.
Seven Life Events That Make Your Estate Plan Obsolete
When we review estate plans that were created 5, 10, or 15 years ago, we consistently see the same triggers that make those documents no longer fit the family's current situation. Here are the most common:
1. Birth or Adoption of Grandchildren
Your original estate plan probably addressed how assets pass to your children. But does it address what happens if one of your children predeceases you and you want your grandchildren to inherit that share? Does it create protections if a grandchild is a minor when they inherit? Does it address special needs planning if a grandchild has disabilities?
Many estate plans from the early 2010s don't contemplate the grandparent-to-grandchild transfer scenario at all. Without updates, you may be leaving significant decisions to chance or to the courts.
2. Marriage or Divorce of Your Children
If one of your adult children got married since you created your estate plan, that changes the dynamics of inheritance. If they later divorce, you may not want your former son-in-law or daughter-in-law to have any claim to assets you intended for your child.
Estate plans created before your children were married often don't include protections against divorce, creditors, or poor financial management. Trusts can solve these problems (but only if you update your plan to include them).
3. Your Own Divorce or Remarriage
This one should be obvious, but I've seen too many cases where it wasn't addressed. If you divorced since creating your estate plan, your ex-spouse may still be named as executor, beneficiary, or power of attorney. In North Carolina, certain provisions are automatically revoked upon divorce under N.C. Gen. Stat. § 31-5.4 (but that statute doesn't cover everything, and relying on it rather than updating your documents is risky).
If you remarried, your current spouse needs to be properly integrated into your estate plan to ensure they're protected while also preserving inheritances for children from a previous marriage if that's your intent.
4. Moving to North Carolina from Another State
Estate planning is governed by state law. Each state has different rules about probate, estate taxes, trust administration, power of attorney authority, and healthcare decision-making.
If you created your estate plan in New York, Florida, California, or any other state and then moved to North Carolina, those documents may not work the way you expect under North Carolina law. They may not take advantage of North Carolina-specific planning opportunities. They may not comply with North Carolina requirements for notarization, witnesses, or execution.
We recommend having a North Carolina attorney review any out-of-state estate plan within the first year of your move.
5. Sale of a Business
Many business owners created estate plans that specifically addressed how their business interest would be handled at death (who would run it, who would inherit it, how it would be valued, whether it would be sold).
If you sold your business, that entire portion of your estate plan is now irrelevant. More importantly, you now have liquid assets (cash or investments from the sale) that may need different planning than an illiquid business interest did. You may need to revisit asset protection strategies, gifting plans, or trust structures that make sense for your new financial situation. Business planning and estate planning work together to protect what you've built.
6. Significant Increase in Asset Values
The estate plan you created when your home was worth $300,000 and your retirement accounts totaled $400,000 may not be sufficient now that your home is worth $550,000 and your accounts have grown to $1.5 million.
North Carolina doesn't have a state estate tax, but federal estate tax exemptions apply. As of 2026, the federal estate tax exemption is $15 million per individual ($30 million for married couples). This is a permanent increase from the $13.99 million 2025 level, enacted by the One Big Beautiful Bill Act in July 2025. This exemption is now indexed for inflation annually and has no sunset provision. While most estates fall below this threshold, your estate may have grown large enough that tax planning (which wasn't necessary when you created your original plan) could now provide significant benefits.
Even if you're below federal estate tax thresholds, larger estates benefit from trust planning, asset protection strategies, and creditor protection that may not have been included in a simpler plan created years ago.
7. Named Guardians or Executors Who Are No Longer Appropriate
This is one of the most common problems we see. The trusted friend you named as executor in 2012 has health issues now. The sister you named as guardian for your kids moved across the country. Your parents, who were your first choice as backup guardians, are now in their 80s.
People age. People move. People pass away. If the individuals you named in your estate plan are no longer able to serve in those roles (or are no longer your first choice), your documents need to be updated. Leaving outdated appointments in place forces your family to petition the court to appoint someone else, creating delay and expense.
Why Laws Change Matters Even If Your Life Hasn't
Even if none of the life events above apply to you, your estate plan may still be outdated because of changes in the law.
North Carolina has updated estate planning statutes over the past decade. The Uniform Power of Attorney Act revised the rules around financial powers of attorney. Healthcare advance directive requirements have evolved. Trust laws have been modernized under the North Carolina Uniform Trust Code. Federal tax laws have changed multiple times.
If your documents were drafted before these changes, they may be missing important protections, powers, or provisions that are now available (or worse, they may contain language that conflicts with current law).
I'll be honest with you (this is not something most people think about). You assume that once your estate plan is created, it's permanent. But law is not static. What worked in 2013 may not be the best approach in 2026.
The Self-Assessment: Is Your Estate Plan Outdated?
Here's a practical checklist you can work through right now. If you answer "yes" to any of these questions, your estate plan needs to be reviewed:
Family Changes:
Has anyone named in your documents passed away?
Have any of your children gotten married or divorced since you created your plan?
Have you had grandchildren born since you created your plan?
Have you gotten divorced or remarried since creating your plan?
Have your designated guardians moved away or become unable to serve?
Financial Changes:
Has the value of your estate increased by 50% or more?
Have you sold a business or received a significant inheritance?
Have you purchased real estate in another state?
Have your retirement accounts grown substantially?
Location Changes:
Did you create your estate plan in a different state?
Have you moved to North Carolina in the past 5 years?
Document Age:
Was your will or trust created more than 10 years ago?
Were your powers of attorney created more than 7 years ago?
Were your healthcare directives created more than 5 years ago?
Legal Changes:
Were your documents created before 2017 (major federal tax law changes)?
Were your powers of attorney created before North Carolina adopted the Uniform Power of Attorney Act in 2017?
If you answered "yes" to even one of these questions, you should schedule an estate plan review. If you answered "yes" to three or more, your plan almost certainly needs updating.
What Happens If You Don't Update
Let me be very clear about what's at stake here. An outdated estate plan doesn't just mean your documents are a little dusty. It means:
Your assets may not go where you intend. If your designated beneficiaries are deceased, outdated, or inappropriate, the court will make decisions about distribution (and those decisions may not align with your actual wishes).
Your family may face unnecessary court proceedings. If named executors or trustees can't serve, if guardians are no longer appropriate, or if documents conflict with current family structure, your family will have to petition the court to sort it out. This means legal fees, delays, and stress during an already difficult time. Probate and estate administration becomes more complicated when documents are outdated.
You may miss tax-saving opportunities. Changes in federal estate tax law and North Carolina trust law have created new planning opportunities that didn't exist when your documents were drafted. You could be paying more in taxes than necessary.
Your healthcare wishes may not be followed. Outdated healthcare directives may not include current medical decision-making standards or may name individuals who are no longer able to make decisions on your behalf.
Asset protection may be inadequate. If your estate has grown significantly, the simple will-based plan that worked in 2013 may not provide sufficient protection from creditors, lawsuits, or poor financial management by heirs.
These aren't hypothetical problems. We see families dealing with these consequences regularly.
When You Should Review Your Estate Plan
The standard recommendation is to review your estate plan every 3 to 5 years even if nothing has changed. That review ensures your documents reflect current law, that named individuals are still appropriate, and that your plan still matches your goals.
But you should review your plan immediately (not in 3 years, now) if:
You've experienced any of the life events listed above
Your documents are more than 10 years old
You created your documents in another state before moving to North Carolina
You're not confident your current plan reflects your wishes
What an Estate Plan Review Looks Like
When you bring your existing estate plan to us for review, here's what we do:
First, we read every document carefully. We look at who's named, what powers are granted, how assets are distributed, and whether the language complies with current law.
Second, we talk through your current situation. We ask about family changes, financial changes, and whether your goals have evolved since the plan was created.
Third, we identify gaps, problems, or opportunities. We explain what's working, what's not, and what updates would better serve your family.
Finally, we make specific recommendations. Sometimes that means updating a few provisions. Sometimes it means creating new documents. Sometimes it means a complete redesign of your estate plan to match your current reality.
The review itself is straightforward. Most clients are surprised by how many issues we identify (things they simply didn't realize were problems).
Moving Forward
If you're reading this and thinking "I created my estate plan years ago and haven't looked at it since," you're not alone. Most people create their documents, file them away, and assume they're set for life.
But estate planning isn't a one-time event. It's an ongoing process that needs to adapt as your life changes.
The good news is that updating an existing plan is typically much simpler than creating one from scratch. In many cases, we can make targeted amendments rather than starting over completely. But we can't know what you need until we review what you have.
If your estate plan was created 5, 10, or 15 years ago and you haven't reviewed it since, I want to strongly encourage you to schedule that review now. The beginning of the year is an ideal time to make sure your affairs are in order (and quite candidly, this is one of those matters you don't want to keep putting off).
We are here to help you. If you'd like to schedule an estate plan review, reach out to us at 919-647-9599. We would be happy to walk you through the process and make sure your plan reflects your current situation and your actual wishes.
Because the worst time to discover your estate plan is outdated is when your family needs it most.
The Walls Law Group represents Estate and Business Planning clients throughout the great state of North Carolina. If we can be of assistance to you, please contact us at 919-647-9599 or visit www.wallslawnc.com.
This article is for informational purposes only and does not constitute legal advice. Estate planning requirements vary based on individual circumstances. Please consult with a qualified North Carolina estate planning attorney to discuss your specific situation.
