Can I update or replace my will? – North Carolina Short Answer Yes. In North Carolina, a will can be updated by signing a properly executed codicil (an amendment) or replaced by signing a new will. A later will or codicil can revoke part of an earlier will, and a new will usually revokes the…
Can I name a sibling as executor, and what does an executor actually have to do after I pass away? – North Carolina Short Answer Yes. In North Carolina, a will can name a sibling to serve as executor (also called a “personal representative”), as long as the person is eligible and the Clerk of…
What should I do if I can’t reach the attorney who originally prepared my will? – North Carolina Short Answer In North Carolina, an unreachable drafting attorney does not prevent updating a will. The practical first step is to locate the most recent signed original (or a complete copy) and confirm where it is stored.…
What information and documents should I gather before meeting with a trust attorney? – North Carolina Short Answer Before meeting with a North Carolina trust attorney, gather (1) basic family and decision-maker information, (2) a clear list of assets and how each asset is titled, and (3) copies of any existing estate planning documents and…
How do I make a will that clearly leaves certain children out so they can’t successfully contest it later? – North Carolina Short Answer In North Carolina, a parent can intentionally leave a child out of a will, but the will should say so clearly and should be executed with strong formalities to reduce the…
What happens if we don’t update the trustee list and the named trustees can’t serve later? – North Carolina Short Answer In North Carolina, if a trust (including a trust created under a will) does not have a trustee who can serve when the time comes, the trust usually does not “fail” just because the…
Can I name a trusted adult to handle the mobile home and keep paying the lot rent until my child can take over? – North Carolina Short Answer Yes—under North Carolina law, a will can name an executor (personal representative) to manage estate property after death, and the will can also direct that a trusted…
When does a durable power of attorney take effect, and can it be set up to start only if I become incapacitated? – North Carolina Short Answer In North Carolina, a durable (financial) power of attorney can be written to take effect immediately when it is properly signed, or it can be written to “spring”…
What makes a financial power of attorney valid, and do I need a notary and witnesses? – North Carolina Short Answer In North Carolina, a financial (property) power of attorney is typically valid when it is in writing, signed by the person giving the authority (the “principal”), and properly acknowledged before a notary. Witnesses are…
Do I need a trust in addition to a will if I’m leaving property to a minor? – North Carolina Short Answer Often, yes—some kind of trust or custodial arrangement is usually needed if the beneficiary may still be a minor when the will takes effect. In North Carolina, a minor generally cannot directly receive…
