What can I do if I think a trustee misappropriated trust assets and won’t give me an accounting? – North Carolina Short Answer Under North Carolina law, a trustee generally must keep records and provide beneficiaries with information about trust administration, and a court can order an accounting and other remedies if the trustee refuses.…
How can I get a copy of the trust documents and any amendments if my family won’t give them to me? – North Carolina Short Answer In North Carolina, the most direct path is usually to make a written demand to the trustee (not just family members) for a copy of the trust instrument and…
Can a will name who I want to be the guardian of my adopted child if I die? – North Carolina Short Answer Yes. In North Carolina, a parent can use a will to recommend (nominate) who should serve as guardian for a minor child, including an adopted child. The Clerk of Superior Court gives…
Can I sign a new power of attorney that automatically cancels the old one? – North Carolina Short Answer In North Carolina, signing a new power of attorney can revoke an older one, but “automatic cancellation” is not always reliable in the real world unless the new document clearly revokes prior powers and the right…
How can my parent transfer a house into my sibling’s name before my parent passes away? – North Carolina Short Answer In North Carolina, a parent can transfer a house to a child before death by signing a deed that conveys the parent’s ownership interest to the child and then recording that deed with the…
What kinds of limits can I put in a power of attorney to prevent one person from taking money or making big financial moves alone? – North Carolina Short Answer In North Carolina, a financial power of attorney can be drafted with built-in guardrails so one agent cannot move money or make major transactions alone.…
What documents do I need to move a home and other property into a family trust? – North Carolina Short Answer In North Carolina, moving a home or other real property into a family trust usually requires (1) a signed trust agreement, (2) a new deed transferring the property to the trustee of the trust,…
How do beneficiary designations on bank accounts work, and can that help our children access funds without probate? – North Carolina Short Answer In North Carolina, many bank and credit union accounts can be set up with a “payable on death” (POD) beneficiary so the balance transfers to the named beneficiary at death without going…
What happens if my adult children disagree about decisions made under my power of attorney? – North Carolina Short Answer In North Carolina, disagreement among adult children does not automatically “override” a valid power of attorney. The person named as agent (or the agents named to act together) has the legal authority to make decisions…
Do we need a trust or will(s) if we want everything to go to my spouse first and then to our children? – North Carolina Short Answer In North Carolina, a will (often paired with “mirror” wills for spouses) can direct that everything goes to a surviving spouse first and then to the children after…
