Do I need to change the deed and title for my home and rental properties to fund a revocable trust, and will that affect my mortgage or ability to access equity? – North Carolina Short Answer Usually, yes—if the goal is for North Carolina real estate to avoid probate through a revocable trust, the trust…
Do we have to sign a financial power of attorney in front of a notary for it to be valid? – North Carolina Short Answer In North Carolina, a financial (general) power of attorney generally needs to be signed by the principal and acknowledged before a notary to be treated as properly executed and to…
Do I need to translate or officially authenticate a power of attorney before using it overseas? – North Carolina Short Answer Often, yes. A North Carolina power of attorney may be validly signed for North Carolina purposes without any “international” paperwork, but a foreign bank, court, or government office commonly requires a certified translation and…
If my parents want to update beneficiary designations, do those changes need to match what their trust and will say? – North Carolina Short Answer Not always. In North Carolina, many beneficiary designations (like POD bank accounts and TOD investment accounts) pass outside the will and can override what a will says for that particular…
Can I replace the trustee of my first-party special needs trust, and what process should I expect? – North Carolina Short Answer Yes. In North Carolina, a first-party special needs trust often can change trustees if the trust document names a successor trustee or gives someone (such as a trust protector or another “nominator”) the…
Can I set up financial and medical powers of attorney and a healthcare directive at the same time as my will or trust? – North Carolina Short Answer Yes. In North Carolina, financial and medical powers of attorney and a healthcare directive can be signed in the same signing appointment as a will or trust,…
Can we name each other as agents and also list backup agents in case one of us is unavailable? – North Carolina Short Answer Yes. In North Carolina, spouses commonly name each other as the primary agent under a financial power of attorney and then name one or more successor (backup) agents if the primary…
What happens if my parent can’t show mental capacity on the day of signing? – North Carolina Short Answer In North Carolina, if a parent cannot show mental capacity at the time a health care power of attorney (medical power of attorney) is signed, the document should not be signed that day because it can…
How do I use the power of attorney with banks and service providers, and do I need the original or a certified copy? – North Carolina Short Answer In North Carolina, an agent usually can use a properly signed power of attorney (POA) by presenting a complete copy to the bank or service provider and…
How do a will, a living will, and a durable power of attorney work together, and when does each one apply? – North Carolina Short Answer In North Carolina, these documents cover different time periods and decisions. A durable power of attorney and (often separately) a health care power of attorney can apply during life—especially…