Trust Formation

Raleigh Trust Formation Attorney

Protecting Legacies with Trusts in The Triangle and Wake Forest Area

While your will is an important piece of your estate plan, it is not the optimal way to transfer assets to your beneficiaries. Put simply, the benefits of a trust make it the preferred method for estate planning. Any assets not placed in a trust when you pass away must go through probate before they reach their intended beneficiaries. The primary benefit of a trust, then, is to avoid probate, the delays in title transfer, and the thousands of dollars in taxes and attorney’s fees that come with it. 

At NC Wills & Trusts, we can help you create a trust that avoids the complications of probate and preserves your wealth. After taking the time to understand your unique estate planning goals, we can recommend and help you implement the appropriate trust or trusts. Our experienced attorney can provide personalized guidance every step of the way and tailor your trust or trusts to honor your specific wishes, providing invaluable peace of mind while saving you and your loved ones potentially thousands of dollars in probate costs.

Our fees are affordable, with trusts starting at just $1,900 and discounts available for married couples. We can also meet with you with virtually. 

It’s never too early to incorporate a trust into your estate plan. Call (919) 759-6353 or contact us online to schedule a free consultation with our Raleigh trust formation lawyer.

  • Accessible Pricing

    Estate planning should be accessible to everyone. Our flat fees are often one-third to one-half the cost of traditional firms—without sacrificing quality or care.

  • Direct Attorney Access

    Every client works directly with attorney Kevin Peach, ensuring personalized guidance and expert insight from start to finish—never passed off to support staff.

  • Transparent Service

    No hidden fees, no pressure tactics. We’re committed to making the process clear, simple, and easy to understand—so you can plan confidently.

  • Rooted in Community

    As a Raleigh native, Kevin Peach brings a local perspective, empowering clients through free webinars and educational resources.

Five-Star Reviews From Happy Clients

See the Difference Our Personalized

At NC Wills & Trusts, your satisfaction is our priority! See for yourself what our clients have to say about working with us.

    "Personalized Service & Reasonable Fees"
    We had a very positive experience with Kevin Peach. He was responsive, patient, and answered all our questions. Our documents were prepared with a quick turnaround time. NC Wills and Trusts offers personalized service paired with reasonable fees.
    - C.S.
    "Simple Process"

    Kevin did a wonderful job answering all my questions and made the process simple and quick. Highly recommend using him when putting your trust and will together.

    - S.S.
    "Easy to Work With"

    Kevin Peach was so helpful and easy to work with. He was always available to answer questions and responded quickly to calls and emails. His services were professional and cost-effective. Thanks Kevin.

    - Nancy H.
    "Extremely Grateful"
    Kevin was so compassionate, kind, and had so much empathy for what our family was going through.
    - Kathleen M.
    "Highly Recommend"
    Kevin D. Peach, has helped my family with our will and trust. He has made the process clear and easy to understand, and he has finished all necessary documents in a timely manner. I highly recommend him for your needs.
    - Silvia K.
    "Helpful and Knowledgeable"
    I would definitely recommend him based on my experience with our situation!
    - Barbara K.
    "Very Responsive"

    I highly recommend NC Wills and Trusts for your estate planning needs.

    - Pamela B.
    "Simple From Start to Finish"
    Kevin made the process simple from start to finish and was always quick to respond to our questions. Highly recommend working with Kevin!
    - Robert C.

What Is a Trust?

A trust is a legal arrangement where one party, known as the grantor or trustor, transfers assets to another party, the trustee, to hold and manage for the benefit of a third party, the beneficiary. Essentially, it creates a fiduciary relationship where the trustee manages the assets according to the instructions outlined in the trust document for the ultimate benefit of the named beneficiaries. 

Trusts can hold various types of assets, including real estate, bank accounts, stocks, and personal property. They offer flexibility in how and when assets are distributed, and they can serve various purposes, such as avoiding probate, providing for minor children, managing assets for individuals with special needs, or reducing estate taxes.

Trusts require careful drafting to be enforceable and to dependably serve their intended purpose. You should always work with a seasoned attorney when considering establishing or modifying a trust. 

Revocable Trusts

A revocable trust is a flexible tool that allows the trustor to maintain control over their assets during their lifetime. The trustor can modify, amend, or completely revoke the trust at any point so long as they are mentally competent. This type of trust becomes irrevocable upon the grantor's death or incapacity, at which point a designated successor trustee takes over the management and distribution of the assets according to the trust's instructions. This type of trust is frequently used to avoid probate and transfer assets to loved ones after the trustor passes away.

Irrevocable Trusts

An irrevocable trust is another category of trust in which the trustor permanently transfers assets to a trustee, giving up all ownership and control over those assets once the trust is established. Unlike a revocable trust, an irrevocable trust generally cannot be modified, amended, or terminated except under very specific circumstances. This "irrevocable" nature is its defining characteristic and is what provides its unique benefits.

Once assets are placed into an irrevocable trust, they are no longer legally considered the grantor's property. This separation makes them distinct for tax purposes and can offer robust asset protection when deployed properly.

Popular applications of irrevocable trusts include:

  • Estate tax reduction. By removing assets from your taxable estate, an irrevocable trust can significantly reduce potential estate taxes upon death, which is particularly beneficial for high-net-worth individuals.
  • Asset protection. Assets held in an irrevocable trust are typically shielded from creditors, lawsuits, and judgments against the trustor, as the trust’s creator no longer legally owns them. This can offer peace of mind if you work in a profession prone to litigation.
  • Medicaid planning. If you are concerned about long-term care costs, an irrevocable trust can help you qualify for Medicaid benefits without spending down your assets. You can reduce your countable assets by placing them in a Medicaid Asset Protection Trust (MAPT), which is designed to shield your assets from government collection after you pass away. If you are on Medicaid, the government will essentially try to take your entire estate to pay for the governmental assistance that you received. If you have properly structured your estate, the property held in your MAPT should pass to your heirs and not Uncle Sam.
  • Charitable giving. Certain types of irrevocable trusts, such as charitable remainder trusts or charitable lead trusts, allow you to make substantial charitable contributions while potentially retaining an income stream or receiving tax deductions.
  • Special needs planning. A special needs trust allows individuals with disabilities to receive an inheritance or settlement without jeopardizing their eligibility for crucial government benefits like Supplemental Security Income (SSI) or Medicaid. Our trust formation attorney can help you create a plan to provide for a loved one with special needs.
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Have questions? Ready to get started? Call (919) 759-6353 today or contact us online to schedule a free consultation.

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