Not Your Regular Estates Attorney

Focused on the Needs of the Hard-working Generation, and not the Generation that Follows

What we are providing

An estate is more than legal paperwork, more than a court filing, more than a portfolio or policy or trust. An estate is a:

  • Self-made business
  • Lifelong saving and retirement contributions
  • A career in which you spent decades in
  • Buying land for farming, timber, or other agricultural purposes
  • Holding a real estate portfolio/rental properties to build equity and rental income
  • Investment in stocks, bonds, and cds

An estate is a person, their legacy, their life’s work, their life’s worth. An estate is first for the benefit of the generation that built it, and second for the generation that follows.


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What are Fickey Martinez Law Firm's requirements or limitations?

First, we are local, born-and-bred in eastern North Carolina. Attorney Fickey Martinez only services estate clients that live and have property and assets in Onslow County and Carteret County.


Second, clients must have a wealth portfolio of a minimum of $500,000.


We aim to stay focused. We only wish to assist locales, those that have the most to loose, and those that can benefit from legal representation throughout their retirement and golden years.

What are Fickey Martinez Law Firm’s qualifications?

Since 2015, our office has focused on managing the lives of immigrants as they traverse a many-year-long legal process. Immigrants never need an attorney to just fill out paperwork and place postage on a package, rather, they need a legal representative to answer questions, explain processes and mold expectations, and to frequently assess risks and benefits.


Our immigration practice spread into bankruptcy. Hard-working individuals can experience:

  • poor financial decisions
  • a partnership can go horribly wrong
  • a business deal can put a company in the red
  • a property can be destroyed or the can go into the negatives
  • a marital relationship can gouge 50% of someone's net worth

A hard-working individual might need a fresh start afforded through bankruptcy. Plans can go horribly wrong, and our office is there when times are tough (low times).


The same hard-working individuals may generate wealth over the years (high times), but fear:

  • the smooth words of a salesman
  • the false promises of a quick buck
  • an offer of a perspective business partner that might turn into a future nightmare


Estate Planning, Estate management, Wealth management by an estate attorney is just another side of a coin our law office has been handling since 2015.


In 2024, our attorney began an Estate Planning/Tax Law Certificate at Villanova Law School. The focus of the program is to educate attorneys more thoroughly on Tax Laws and Trust/Wealth Structures.

What separates Fickey Martinez Law Firm from other Attorneys?

Fickey Martinez Law Firm, does not just handle: 

  • Estate planning (the preparation of someone’s estate for probate court)
  • Trust creation (similar to estate planning, but the attempt of preventing interaction within the probate court)
  • Probate (the court proceeding that occurs after someone passing regarding someone’s estate)
  • Trust Administration (showing probate court that many aspects of someone’s wealth has already been prepared for prior to someone’s passing)


Our law firm focuses on trust and wealth management while the hard-working generation is living. Managing and enjoying your wealth while you are alive is vital. Leaving behind a legacy is important, but our practice doesn’t ignore your current needs over the benefits of children, grandchildren, siblings, and other family members.

What is a Will and Codicil?

Simply put, it is a legal letter to family, friends, and the probate court/judge.

 A Will is something that is commonly mentioned, but it may not be a great fit for all.


For those that have assets, wealth, and a desire to keep your worth and holdings private, a Will would not be a good idea. A Trust would be more ideal.


A Will would essentially be the asking to make a house stay available for a spouse, or for the sale of a house to be split equally or differently among relatives.


A codicil is an "addendum"/ an "amendment" to a much lengthier Will.

What is a Revocable Trust?

Moving and Changing Wealth and Assets  Now, to keep your business private

A Revocable Trust is commonly used to help avoid probate publicity. A will is public whereas a trust is private. A Revocable Trust can be changed at any time. If life changes are expected in the next 5, 10, 15, 20 years, a trust that can be changed may be ideal.


A Revocable Trust is like a boat that you build, it is yours, you own it, you can repaint it, you can sail it anywhere, and you can also lose it or have to pay taxes on it or protect it.


A Revocable Trust is still 100% a part of you.

What is an Irrevocable Trust?

Similar to a Revocable Trust, BUT it adds  so many benefits.

An Irrevocable Trust is the creation of a "new legal entity." Once it is built/created, it cannot be changed or destroyed without court order or all beneficiaries and trustee are in agreement.

Irrevocable trusts are useful to individuals who work in professions or businesses that may make them vulnerable to lawsuits . Once part or all of someone's wealth or Asset is transferred to an irrevocable trust, it is owned by the trust for the benefit of the beneficiaries. Since it is legally a "different person/entity," the Wealth and Assets held in the Trust are safe from legal judgments and creditors, at least that is the main purpose of an Irrevocable Trust.


An Irrevocable Trust is important to the wealthy for 3 main reasons:

  1. Complete Barrier or Separation
  2. since a new entity, separate from someone's death/estate/probate, "estate taxes" do not apply
  3. creditors can be locked out of the wealth and assets "owned" by the Irrevocable Trust


An Irrevocable Trust is like a boat that you build, it belongs to your clone, your clone owns it, you cannot repaint it, you cannot sail it anywhere (but you can put it on autopilot), and you cannot lose it or you don't pay certain taxes, and it protects itself.


An Irrevocable Trust is 100% separated from you.

Focused on your interests while you are alive!

Your estate attorney can assist you on many facets of your life, such as:

  • Coordinating with your CFA and CPA
  • Coordinate with your property manager that is managing your real estate portfolio
  • Challenge your advisors and other fiduciary actors if they have become complacent regarding your interests, and attempted to sell you products or services that you may not need
  • Make sure your money is where it is supposed to be
  • Negotiate with family members and close friends to place certain things in writing, that will be legally binding and able to stand the test of time
  • Evaluate current business plans, current employment and vendor contracts, current negotiating dealings, and future contract changes
  • Assessing tax ramifications from liquidating assets from one type of asset to another type of asset


Your estate attorney should regularly meet you in-person, either:

  • Annually
  • Biannually
  • Every quarter
  • Every month


Frequent communication, frequent review of your interests and liabilities, frequent planning (1) for the future while you are alive and (2) for the future when you are gone, frequent management of your interests and wealth is the true role of an estate attorney.


An estate attorney should not be waiting for you to die, rather your estate attorney should be there for you when you are alive.

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Common Questions

See some common questions and answers below, or call us at (910) 526-0056. 

  • What are your business hours?

    Our office is opened from 8am to 4 pm, Monday through Friday.

  • Where is your main office?

    Our office does have 3 locations. However, for Estate Matters, ONLY our Jacksonville Office assists with Estates in Onslow County and Carteret County.

  • Are your Estate Consults Free?

    Yes. Consultations for Estate Planning, Trust Creation, Probate, and Trust Management are free. Meeting in-person is important. Someone needs to be able to trust their Attorney, and trust begins at that first meeting. 


    Moreover, you likely have questions, became confused about wills and trusts, had a prior attorney that you can no longer reach, and an in-person meeting can help you feel more comfortable planning for the remainder of your life and what comes after your passing.

  • Can you do a Simple Will for me?

    No. 


    Our office focuses on retirees, past business owners, and current business owners that have amassed wealth, own land, and have some complexities to their wealth portfolios. A "simple anything" would be a disservice.


    Our office DOES NOT aim to print off a will or trust. We aim to build a relationship, to represent you during life to best serve you once you pass. We aim to represent you and your interests when you pass.

  • Can you do a Simple Power of Attorney for me?

    No.


    Our office handles full Estate Planning, Trust Management, and Probate administration. We do not draft Powers of Attorney and focus on creating safer/more secure access and structure for our client's wealth.

  • What is the difference between Estate Planning and Estate Administration?

    Planning is in ADVANCE to death. Everything can be prepped, bills prepaid, and family members receive answers to questions before the questions are even asked.


    Administration occurs AFTER death. Administration requires a lot of research, data collection, determining risks and liabilities, bills piling up, and income zeroing out. Preparation PRIOR to administration is very important. Failing to prepare causes a lot of stress, concerns, and bills on surviving family members.

  • Do I need an Estate Attorney?

    Maybe. 


    Have you ever heard of a story about kids fighting over a deceased parent's belongings, maybe some jewelry went missing, a will can't be found in a safe anymore, a gun collection appears to have been sold off before the passing, a property was deeded to one child without the knowledge of the other children, a bank account that had $100k earlier this year now has $1k?


    An Estate Attorney will monitor the assets and belongings that someone currently has, and can be a barrier, blockade, or speedbump for familial misunderstandings.


    An Estate Attorney is a third-party that does not have an interest in an estate, and may be given direct instructions on who gets what after passing. The interests of the hard-working generation must be honored.

  • Can I keep my Children from knowing about my business?

    Absolutely. Since an Estate Attorney serves you, the one that amassed the wealth, you are the client and it is your wishes that your law firm must abid by.

  • What are your Fees?

    Depends on your needs. The Attorney charges $250 per hour for his service. Packages can be arranged, especially for service that can span 1 to 10 years.

  • What is a Generation Skipping Trust?

    A generation-skipping trust allows the assets and wealth to “skip” over the generation directly below you and pass everything to the succeeding generation. 


    This Trust Model may be ideal if the oldest generation is wealthy, the next generation is wealthy, and merging the generational wealth may cause tax issues and other liabilities.


    The generation receiving the wealth must be at least 37.5 younger than you. Additionally, the beneficiary CANNOT be a  spouse or ex-spouse.  


    The types of assets you may transfer to a trust for the youngest generation can include:


    • Homes, land or investment real estate
    • Deposit accounts held at banks and credit unions
    • Stocks, bonds and money market accounts
    • Life insurance policies
    • Business interests and assets
    • Collectibles, antiques, and heirlooms

  • What is a Marital Trust?

    A marital trust can be established by one spouse for the benefit of the other. 


    When the first spouse passes away, the assets/income/wealth in the trust are passed on to the surviving spouse. 


    A marital trust would allow the surviving spouse to avoid paying estate taxes, but estate taxes and liabilities to the heirs, might make this trust risky.

  • What is a Bypass Trust or Credit Shelter Trust?

    A Bypass or Credit Shelter trust aims to reduce the estate tax impact for their heirs, by transferring assets directly from one spouse to another at the time of the first spouse’s death.


    However, the transfer to the survivng spouse is held by a trustee throughout the surviving spouse's life for the benefit of the survivng spouse. After both spouses have passed, then any remaining assets go to their beneficiaries, free of the estate tax.

  • What is a Life Insurance Trust?

    A life insurance trust is irrevocable as it "activates" AFTER you pass away and the trust receives 100% of the insurance proceeds.


    The trustee then manages the proceeds on behalf of your beneficiaries.

  • What is a Special Needs Trusts?

    A special needs trust can help financially provide for a special needs dependent. The dependent can be a child, sibling or parent. 


    The goal of this type of trust is to create wealth structure, structure a fund to pay for medical bills or day-to-day needs, but without compromising the dependent's ability to receive government benefits for their disability. 

  • What is a Payable-on-death Account?

    A payable-on-death account, also called a Totten Trust, lets you put money into a bank account or security. When you die, the money pays, the money transfers to the named beneficiary of the account.


    This setup has a lot of disadvantages, a lot of risks, but is simple and commonly used. 

Contact us any time for a Free Estate Consultation

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