Can a court consider my written concerns about abusive relatives when deciding who should care for my children? – NC Short Answer Yes. In North Carolina, a parent can use a will to recommend who should serve as guardian for a minor child, and the clerk of superior court must give that recommendation substantial weight…
What documents do we need if we want to choose guardians for our children and also set up health care and financial decision-makers? – NC Short Answer In North Carolina, the core documents for this kind of plan are usually wills, a durable financial power of attorney, a health care power of attorney, and a…
What happens to custody decisions for my children after both parents pass away if I have already named my preferences in a will? – NC Short Answer In North Carolina, a will can strongly guide who should serve as guardian for minor children after both parents pass away, but it does not automatically decide custody.…
Can I put in a will who I do not want considered as guardian for my children? – NC Short Answer Yes. In North Carolina, a parent can use a will to recommend who should serve as guardian for a minor child if no parent survives, and that recommendation carries substantial weight with the clerk…
Can I put rental properties with mortgages into an LLC and then place that LLC into a trust? – NC Short Answer Yes, in North Carolina, rental properties can often be deeded into an LLC and the LLC ownership interests can then be assigned to a revocable trust. But a mortgage changes the analysis because…
Can my trust own future property purchases or business interests directly? – NC Short Answer Yes. In North Carolina, a revocable trust can generally own property acquired in the future and can also hold business interests, as long as title is taken in the name of the trustee of the trust or the ownership interest…
How can I structure a trust so my children receive their inheritance under terms I choose? – NC Short Answer In North Carolina, a parent can use a revocable trust to set the rules for when and how children receive an inheritance instead of leaving assets outright. The trust can name a trustee, delay distributions…
What is the difference between a revocable trust and an irrevocable trust for my property and business? – NC Short Answer In North Carolina, a revocable trust usually works best when the main goals are probate avoidance, management during incapacity, and flexible inheritance planning, because the person who creates it can usually change or cancel…
How do I handle medical and financial decisions for a family member if no estate planning documents were completed in time? – NC Short Answer In North Carolina, if an adult still has capacity before surgery, that person can usually sign a health care power of attorney and a financial power of attorney right away…
Can someone in the hospital sign a medical power of attorney and financial power of attorney if nothing is already in place? – NC Short Answer Yes. In North Carolina, a hospitalized adult can usually sign a health care power of attorney and a financial power of attorney if that person still has the mental…
