How should we word an intentional disinheritance so it’s clear and harder to contest? – North Carolina Short Answer Under North Carolina law, an intentional disinheritance is clearer and harder to contest when the will: (1) expressly names the person being disinherited, (2) plainly states that the omission is intentional, and (3) clearly disposes of…
What’s the best way to revoke our prior wills and dispose of the old originals? – North Carolina Short Answer Under North Carolina law, the safest way to revoke prior wills is to sign new, properly executed wills that clearly state all earlier wills are revoked, and then physically destroy the old originals. North Carolina…
Is it necessary or beneficial to record a will, and what are the privacy trade‑offs? – North Carolina Short Answer In North Carolina, a will does not need to be “recorded” during the maker’s lifetime to be valid, and doing so rarely adds legal power to the document. A will must be located and then…
North Carolina Estate Planning Lawyer: A Practical Guide for Families Quick answer: A North Carolina estate planning lawyer helps you create wills, trusts, and other documents that guide what happens to your property and who can make decisions for you, so your family does not face confusion during an already difficult time. When you picture…
Do we need court approval or a guardianship or conservatorship to establish and fund this trust? – North Carolina Short Answer Under North Carolina law, a trust can usually be established and funded without court approval if the person creating and funding it is a competent adult using that person’s own assets. Court approval or…
How does a supplemental needs trust work and who should serve as trustee? – North Carolina Short Answer Under North Carolina law, a supplemental needs trust (often called a special needs trust) is designed to hold funds for a person with a disability without counting as that person’s own asset for means-tested benefits, as long…
What happens to any remaining funds in the trust when the beneficiary passes away? – North Carolina Short Answer Under North Carolina law, what happens to remaining funds in a supplemental needs trust after the beneficiary dies depends on how the trust is structured and funded. For many Medicaid-related supplemental needs or pooled trusts, the…
Who can serve as trustee, and how should distributions be handled so we don’t jeopardize benefits? – North Carolina Short Answer Under North Carolina law, a trustee of a special needs or supplemental needs trust is typically a trusted individual (such as a family member) or a professional or nonprofit trustee, including approved pooled trust…
How can I set up a special needs trust so my child keeps disability and other government benefits? – North Carolina Short Answer In North Carolina, a properly drafted special needs trust (also called a supplemental needs trust) can hold money for a child with a disability without counting as the child’s own asset for…
Should this be a first‑party or third‑party special needs trust if the funds come from my child’s inheritance? – North Carolina Short Answer Under North Carolina law, an inheritance left directly to a child with a disability is treated as the child’s own money, so it usually must go into a first-party (self-settled) special needs…