Can I leave my personal belongings through my will even if I do not own a home? – NC Short Answer Yes. Under North Carolina law, a will can pass personal property at death even if the person making the will does not own a house or any other real estate. If a draft will…
Can I remove a section from my will that talks about a residence if I do not own any real property? – NC Short Answer Yes. Under North Carolina law, a will or part of a will can be revoked by a properly executed codicil or new will, so a clause that gives away a…
How do I make sure my will does not confuse my child about what assets I have? – NC Short Answer In North Carolina, a will should match the property actually expected to pass at death, and unclear or outdated gift language can create confusion for family members even if the rest of the will…
How do I update a draft will so it matches my current living situation? – NC Short Answer In North Carolina, a will should match the property and circumstances it is meant to cover. If a draft will includes a gift of a residence that the person making the will does not own, that clause…
What happens if my will includes a gift of property that I do not actually own? – NC Short Answer In North Carolina, a will only passes property the person owns at death. If a will gives away a house, car, or other asset that is not actually owned when death occurs, that gift usually…
Can I set up a special needs trust for a disabled family member? – NC Short Answer Yes. In North Carolina, a family can often set up a special needs trust for a disabled relative to provide extra support without automatically disqualifying that person from means-tested public benefits. The right structure depends mainly on whose…
What kind of trust should I use to hold money for a disabled loved one’s needs? – NC Short Answer In North Carolina, the right trust often depends on whose money will fund it. If a family member wants to use their own money for a disabled loved one, a third-party special needs trust is…
Who can create and manage a special needs trust for a family member? – NC Short Answer In North Carolina, the right person to create and manage a special needs trust depends on whose money will fund it. A family member can usually create a third-party special needs trust with the family member’s own assets…
What is a special needs trust and how does it work for someone with a disability? – NC Short Answer A special needs trust is a trust designed to hold and manage money for a person with a disability without automatically counting those funds as that person’s available asset for certain public benefits. In North…
How do I create a trust that can help support a disabled relative without affecting their public benefits? – NC Short Answer In North Carolina, the usual tool is a supplemental needs trust, often called a special needs trust, designed to pay for extras without giving the disabled relative direct control over the money. The…
