What happens to my property and assets if I don’t update my will before I pass away? – North Carolina Short Answer In North Carolina, a valid will still controls at your death—even if it is old—but only for what it actually covers. Gaps or problems (like a deceased beneficiary, a divorce, or a missing…
Can I include instructions in my will for out-of-state burial and the transfer of cremated remains? – North Carolina Short Answer Yes. Under North Carolina law, you can include binding, written directions in your will about cremation, burial, and where your remains or ashes should go—including to another state. Your named executor may carry out…
How can I help my parent complete estate planning forms if they aren’t comfortable with technology? – North Carolina Short Answer In North Carolina, you can help with logistics and gathering information, but your parent must make the decisions and sign the documents. A basic plan usually includes a will (signed with two witnesses, ideally…
What is the typical process for finalizing a basic will for one person? – North Carolina Short Answer In North Carolina, a basic will is valid when the testator signs a written document and at least two competent witnesses sign in the testator’s presence. Most people also add a self-proving affidavit before a notary so…
How can I set up a revocable living trust from scratch? – North Carolina Short Answer In North Carolina, you create a revocable living trust by signing a written trust agreement that shows your intent, names a trustee with duties, identifies your beneficiaries, and then retitling your assets into the trust. No court filing is…
What information will I need to provide during an initial living trust consultation? – North Carolina Short Answer In North Carolina, come prepared with a clear picture of your assets, how each is titled, and who is listed as a beneficiary. Be ready to name your trustee, successor trustees, and beneficiaries, and to discuss incapacity…
Can I form a separate trust for myself now and later transfer my parents’ assets into it? – North Carolina Short Answer Under North Carolina law, you cannot create your own trust and later move your parents’ assets into it. Only your parents (or an agent acting for them with specific written authority) can transfer…
How can I set up a revocable trust for my parents when they live in another state? – North Carolina Short Answer Under North Carolina law, your parents must create and sign their own revocable living trust under the law of the state where they live. You can be named as successor (or co-) trustee…
What type of trust should I consider to protect my parents’ assets if they might need Medicaid? – North Carolina Short Answer In North Carolina, a revocable living trust does not protect assets for Medicaid because the assets remain available to the settlor and are reachable by creditors and, after death, by estate recovery. For…
Do I need a completely new notarized will to change beneficiaries and jurisdiction? – North Carolina Short Answer In North Carolina, you do not need a notary to make a will valid. To change beneficiaries, you can either sign a codicil (an amendment) or execute a new will; both must be signed by you in…