How do I set up a power of attorney, and what powers should it include for my situation? – North Carolina Short Answer In North Carolina, setting up a power of attorney usually means signing the right document for the right job: a financial (durable) power of attorney for money and property decisions, and a…
When will my medical proxy take effect and how do I make sure it’s valid? – North Carolina Short Answer In North Carolina, a medical proxy (often called a Health Care Power of Attorney) usually takes effect only if a physician (or, for mental health treatment, a physician or eligible psychologist) determines in writing that…
How can I ensure my pets are cared for immediately after I pass, and should I use a pet trust or will language to make that enforceable? – North Carolina Short Answer In North Carolina, the most reliable way to make pet care enforceable is usually a pet trust (either in a stand-alone trust or…
What happens if my deeds don’t match what my trust paperwork says about who owns the properties? – North Carolina Short Answer In North Carolina, the deed controls what the public record shows as the owner, even if a trust document says the property should be in the trust. A mismatch can create problems when…
How often should I update my will and guardianship choices after major life changes? – North Carolina Short Answer In North Carolina, a will and guardianship recommendations should be reviewed after any major life change and on a regular schedule even if nothing big happens. A practical rule is to review every 2–3 years, and…
Should we use a revocable trust or an irrevocable trust if our main goal is to avoid probate and manage multiple rental properties? – North Carolina Short Answer In North Carolina, a properly funded revocable living trust is usually the better fit when the main goals are avoiding probate and smoothly managing multiple rental properties…
If I already have a first-party special needs trust, how can I add or appoint a trust protector later? – North Carolina Short Answer In North Carolina, adding a trust protector later usually requires a valid way to change the trust’s terms (for example, an amendment power already written into the trust, a nonjudicial modification…
How can I protect a relative’s house from Medicaid estate recovery if they are moving into assisted living? – North Carolina Short Answer In North Carolina, Medicaid can seek repayment after a recipient’s death through a claim against the recipient’s “estate,” and the definition of “estate” can reach certain property interests that pass outside probate.…
Can my relative sign over their remaining rights and can I hold the property for a while before selling without creating Medicaid look-back or penalty issues? – North Carolina Short Answer In North Carolina, a relative can sometimes give up (“renounce”) a property interest or transfer it, but either step can create Medicaid transfer-for-less-than-fair-market-value risk…
What happens if my chosen agent can’t serve anymore, and how do I name a backup? – North Carolina Short Answer In North Carolina, what happens depends on which document named the agent (most often a Health Care Power of Attorney). Many documents allow a successor (backup) agent to step in automatically if the first…