At Spaugh Dameron Tenny, we work closely with families who have spent a lifetime building wealth, legacy, and impact. Yet one of the most overlooked aspects of financial stewardship is estate planning.
Dying without a will, legally known as dying intestate, can lead to a series of unintended consequences. For high-net-worth and emerging-wealth families, the stakes are even higher.
Without clear directives, your legacy may be left to the discretion of state law, rather than your values, intentions, or family dynamics.
When there’s no will, the state intervenes.
Each state has its own intestacy laws that govern how assets are distributed. These laws follow a rigid hierarchy, usually favoring spouses and children, then extended family, but they don’t account for blended families, charitable intentions, or unique personal relationships. For example:
In short, the state’s formula often doesn’t reflect the complexity or nuances of a family’s wishes.
While the example below outlines how intestacy works in North Carolina (how assets are typically distributed if someone dies intestate), every state has its own rules, and the details can differ significantly depending on where you live.
| Surviving Relatives | Spouse's Share | Other Heirs |
| Spouse only | 100% of estate | |
| Spouse + 1 child or descendants | First $60,000 of personal property + 1/2 of remaining estate | Child gets 1/2 of remaining estate |
| Spouse + 2+ children/descendents | First $60,000 of personal property + 1/3 of remaining estate | Children get 2/3 of remaining estate |
| Spouse + parent (no children) | First $100,000 of personal property + 1/2 of remaining estate | Parents get 1/2 of remaining estate |
| No spouse or children | Entire estate goes to parents, then siblings, then more distant relatives |
Note: Only probate assets are affected. Assets with designated beneficiaries (e.g., life insurance, retirement accounts, and jointly owned property) bypass intestacy laws. [Source: North Carolina Judicial Branch]
Dying without a will often leads to:
For families with complex assets — trusts, private investments, business interests, or philanthropic commitments — the absence of a will can unravel years of careful planning.
A will is more than just a legal document. It’s a declaration of your intentions, a safeguard for your loved ones, and a foundational part of your legacy. It allows you to:
At Spaugh Dameron Tenny, we integrate our clients’ goals into every facet of their financial lives. We collaborate with your legal team to ensure your estate plan aligns with your overall strategy, from wealth transfer and tax planning to family governance and philanthropy.
The state applies intestacy laws, which distribute assets to surviving spouses, children, parents, and other relatives in a strict order.
Generally, stepchildren do not have inheritance rights under intestacy laws unless they have been legally adopted.
Accounts and policies with designated beneficiaries (life insurance, retirement accounts, jointly owned property) pass directly outside probate.
Without a will, probate often takes longer and can result in higher legal and administrative costs.
Major life events (i.e., marriage, divorce, birth of a child, or selling a business) may require updates to ensure your estate plan reflects your current wishes.
If you haven’t created an estate plan — or haven’t reviewed it in years — now is the time. Life changes, laws evolve, and families grow. Your estate plan should evolve, too.
A strong estate plan is about more than documents; it should align with your financial goals and family vision.
At Spaugh Dameron Tenny, we work with clients and their estate planning attorneys to ensure your wealth transfer strategy supports both your loved ones and your legacy. If you have questions about incorporating your financial plan into your estate strategy, schedule a complimentary consultation today.
Any discussion of taxes is for general information purposes only, does not purport to be complete or cover every situation, and should not be construed as legal, tax, or accounting advice. Clients should confer with their qualified legal, tax, and accounting advisors as appropriate.
Estate Planning services are provided working in conjunction with your Estate Planning Attorney, Tax Attorney, and/or CPA. Consult them for specific advice on legal and tax matters.
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Jordan Bilodeau, CFP®, CEPA, is the Director of Planning & Strategy at Spaugh Dameron Tenny, where he leads firmwide planning initiatives and helps clients navigate complex financial decisions. With experience in portfolio design, tax strategies, and business succession planning, Jordan works with executives, physicians, dentists, and successful retirees to coordinate every aspect of their financial lives. He holds both the CERTIFIED FINANCIAL PLANNER® and Certified Exit Planning Advisor designations and has a Master’s degree in Wealth and Trust Management, providing tailored guidance for clients.
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