How can I get a power of attorney signed by my child who is incarcerated? – North Carolina Short Answer In North Carolina, your incarcerated adult child can sign a financial power of attorney if they have capacity and sign before a notary. The document must be acknowledged (notarized) to be valid, and if you…
Do I need to record the POA with the register of deeds, and how is that done? – North Carolina Short Answer In North Carolina, a financial power of attorney does not need to be recorded to be valid. However, if an agent will sign and record a deed, deed of trust, or other real-estate…
What happens to the house after my parent’s death once it’s in an irrevocable trust? – North Carolina Short Answer In North Carolina, if the house is already titled in your parent’s irrevocable trust before death, it does not go through probate. The trustee follows the trust’s instructions: either retitle the house to the named…
How do I name multiple children as beneficiaries in an irrevocable living trust? – North Carolina Short Answer In North Carolina, you can name multiple children in an irrevocable living trust by clearly stating each child’s share and how their shares pass if a child dies first. Use a written trust agreement that names a…
Can we complete trust document signings remotely if our parent can’t travel? – North Carolina Short Answer Mostly yes, with an important caveat. In North Carolina, you can meet by video and sign the trust document without witnesses, and many steps can be handled remotely. But to keep the family home out of probate, the…
How do I choose the right type of trust to protect my house? – North Carolina Short Answer In North Carolina, a properly drafted and funded revocable living trust is usually the most practical way to keep your house out of probate and have it pass directly to your chosen beneficiary. Real estate that stays…
What steps are involved in setting up a trust for a single property? – North Carolina Short Answer In North Carolina, you set up a revocable living trust and then retitle the house into the trust by recording a new deed. The trust does not avoid your mortgage or taxes, but it lets the home…
How can I transfer my house into a trust to avoid probate? – North Carolina Short Answer In North Carolina, you avoid probate for a house by creating a revocable living trust and recording a deed that retitles the property from you to your trustee. A will alone does not move your home outside the…
Is it true that real estate passes outside of probate through a will instead of a trust? – North Carolina Short Answer In North Carolina, a will does not avoid probate. Title to real estate devised by a will passes to the named beneficiary only after the will is probated, and the property remains subject…
Do I need a trust to pass my home directly to a beneficiary when I die? – North Carolina Short Answer No. In North Carolina, your home can pass outside formal probate if it is titled with survivorship (such as tenancy by the entirety for spouses or a deed creating joint tenancy with right of…