How do I make sure my will and any related documents are valid where I live and properly signed and witnessed? – North Carolina Short Answer In North Carolina, a will and most core estate planning documents must follow specific signing, witnessing, and notarization rules to be valid. A North Carolina will generally must be…
Can we be added as co‑trustees only for non‑financial decisions, while the current trustee keeps control over distributions? – North Carolina Short Answer Under North Carolina law, a revocable trust can usually be amended to split trustee duties so that one trustee handles distributions and another trustee (or co‑trustees) handles certain non‑financial decisions—if the trust…
What is the process to disclaim a minor’s interest in a trust, and when would court approval be required? – North Carolina Short Answer In North Carolina, a minor’s interest in a trust can be disclaimed (renounced) only through an adult acting in a fiduciary role—typically a duly appointed guardian—using a written renunciation that meets…
How can I amend a revocable trust created by a relative to change who approves my child’s expenses and who serves as trustee? – North Carolina Short Answer Under North Carolina law, the power to amend a revocable trust almost always rests with the person who created the trust (the settlor), not with a parent…
Can we require that our child not be told about the trust until a certain age, and who controls when and how the child is informed? – North Carolina Short Answer Under North Carolina law, a revocable trust for a minor can include instructions about when and how the child is told about the trust,…
If we die, does a will naming a legal guardian override trust language that gives the trustee power to approve our child’s expenses? – North Carolina Short Answer Under North Carolina law, a will naming a guardian and a trust giving a trustee control over a child’s expenses usually operate side by side, not in…
Do powers of attorney need witnesses or notarization, and who is allowed to serve in those roles? – North Carolina Short Answer Under North Carolina law, most financial powers of attorney must be signed by the principal and acknowledged before a notary public; witnesses are not usually required for those documents. In contrast, a North…
Can I name more than one agent in my power of attorney, and how are disagreements between co‑agents handled? – North Carolina Short Answer Under North Carolina law, a principal may name more than one person to serve under a power of attorney, but the default approach in the statutory health care form is to…
Can I speak or sign on their behalf if they have trouble traveling or communicating, and what proof is needed? – North Carolina Short Answer Under North Carolina law, one person may speak or sign on another adult’s behalf only if that authority is clearly granted, usually through a valid power of attorney, health care…
How can I decide between a durable financial power of attorney and a medical power of attorney, and do I need both? – North Carolina Short Answer Under North Carolina law, a durable financial power of attorney covers money and property decisions, while a health care power of attorney covers medical and treatment decisions when…