with Scott Donaldson

Let's start with a question that Scott Donaldson of Cline Donaldson dropped on us at the top of Episode 011 — and honestly, it stopped me in my tracks: “If something happened to you tomorrow, what happens to your home? Not what do you think happens. What actually happens?”

I'll be the first to admit — I've been dragging my feet on this, and I'm a Realtor! So if you're in the same boat, no judgment here. But after this conversation with Scott, I'm calling his office. And I think you should too.

Hey friend — I'm Tabetha (Tabi) Klein, aka theILMrealtor. I help people buy and sell homes in Wilmington, North Carolina (and all over New Hanover, Brunswick, and Pender). This is part one of our three-part series with Cline Donaldson.

Watch or listen: YouTube · Spotify · makingilmhome.com · @theILMrealtor

So what even IS estate planning?

At its most basic, estate planning is making sure everything you've worked hard for — your home, your car, your Barry Bonds rookie card (Scott's words, not mine) — actually goes to the people or causes you want when you're no longer here. Your home is probably one of the biggest assets you own. Without a plan, you don't get to decide what happens to it; North Carolina's intestate succession statutes do. And those statutes don't care about your best friend, your favorite charity, or your church.

The assumption that could cost your family everything

Here's the one that got me. A lot of us assume: if I die, it all goes to my spouse. Done. But that's not necessarily true — especially if the home is only in one spouse's name. If you don't have estate planning in place and there are children involved, a percentage of that property may go to the children, not your spouse. Depending on the situation, your spouse could even end up co-owning a home with their own mother-in-law.

What is probate, and why does it feel like house purgatory?

Probate is the court-supervised process of sorting out someone's estate after they pass — and it takes an average of about 20 months. That means your loved ones could be waiting nearly two years before they get access to funds, all while being responsible for mortgage payments, utilities, HOA fees, and property taxes on a home they technically own but can't do much with yet. The good news? Proper estate planning can help you avoid or move through this much faster. Living trusts, survivorship deeds, and life estate deeds are tools that can help assets pass outside of the courthouse entirely.

Who actually needs estate planning? (Hint: it's you.)

Scott said something worth remembering: the people who benefit MOST from estate planning are often people of more limited means. If your heirs can't afford to carry the costs of that house during probate, you could end up in a tax foreclosure — or Medicaid estate recovery could step in. And the “only old people need this” myth? Scott spent years in law enforcement watching young, healthy officers skip their free estate-planning benefits because they thought they were bulletproof. Don't be that person.

A few facts Scott dropped that I wasn't ready for

North Carolina could literally inherit your property (it's called escheat) if you die without legal heirs and no estate plan.

Until December 2025, children born outside of marriage weren't automatically considered legal heirs in NC unless there was a formal legitimation at the courthouse.

You can write a handwritten (holographic) will at home and it can be legally valid in NC — as long as it's fully in your handwriting, signed, dated, and later verified by three people who can confirm your handwriting.

My biggest takeaway

Death is hard. Divorce is hard. We don't need to add who gets what to the grief. If you have a plan, the plan speaks for itself. If you don't, the state of North Carolina decides for you. As Scott put it: “Everything you put in place today can be changed tomorrow. Let's get some peace of mind.”

About our guest: Scott Donaldson (Cline Donaldson)

Scott Donaldson is an attorney with Cline Donaldson, serving clients across North Carolina with estate planning, real estate, and related matters. If you're ready to sort out what happens to your home and your assets, reach out to the firm:

Website: clinedonaldson.com

Let's Talk About Your Next Step

Whether you're a first-time buyer who just signed closing papers or a longtime homeowner who keeps kicking this can down the road, please pick up the phone — and if you're thinking about buying or selling in Wilmington, I'd love to help you find your home between the river and the sea. Call or text me at 910-983-8963, visit www.makingilmhome.com, or DM me on Instagram @theILMrealtor.

Tabi | Making ILM Home — REALTOR® • Coldwell Banker Sea Coast Advantage • 910-983-8963 • www.makingilmhome.com • @theILMrealtor

This podcast is for general education and local insight, not legal advice. Estate and probate laws change and every situation is different — always consult a licensed attorney about your specific circumstances. Coldwell Banker Sea Coast Advantage. Each office is independently owned and operated. Equal Housing Opportunity.