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Would an education savings plan or a trust make more sense if I want to save money for my child? - NC

Can I use a trust to protect money I want to save for my child's future? - NC

How can I set aside money from a disability back-pay lump sum for my child? - NC

Should I put money for my child in my name or in my child's name? - NC

Can I replace my current financial power of attorney with someone else? NC

What should I do if I am blocked from seeing my own bank and credit card accounts after giving someone power of attorney? – NC

What should I do if I am blocked from seeing my own bank and credit card accounts after giving someone power of attorney? – NC Short Answer In North Carolina, a person who still has capacity can usually revoke a financial power of attorney, notify the agent that the authority has ended, and give written…

How do I set up power of attorney documents for a family member? NC

How do I set up power of attorney documents for a family member? – NC Short Answer In North Carolina, power of attorney documents must be signed by the person giving authority, not by the family member arranging the appointment. The main next steps are to identify the right agents, decide whether the documents should…

What is the process for getting power of attorney documents drafted and signed? NC

What is the process for getting power of attorney documents drafted and signed? – NC Short Answer In North Carolina, the usual process starts with an estate planning consultation, followed by drafting a power of attorney that names one or more agents and spells out their authority. The principal then reviews the document and signs…

What do we need to do before agents can be put in place in a power of attorney? NC

What do we need to do before agents can be put in place in a power of attorney? – NC Short Answer In North Carolina, agents are usually put in place by preparing a written power of attorney, confirming that the principal has capacity, and having the principal sign the document before a notary. The…

Can we handle the initial power of attorney consultation by phone and sign the documents later in person? – NC

Can we handle the initial power of attorney consultation by phone and sign the documents later in person? – NC Short Answer Yes. In North Carolina, the planning meeting for a power of attorney can usually happen by phone, and the documents can be signed later at an in-person appointment. The key legal step is…

What do I need to do to make a power of attorney legally valid after I receive the documents? NC

What do I need to do to make a power of attorney legally valid after I receive the documents? – NC Short Answer In North Carolina, a financial power of attorney is generally made legally valid by having the principal sign it and acknowledge that signature before a notary. Witnesses are often used as a…

How do I set up a power of attorney that becomes effective as soon as I sign it? NC

How do I set up a power of attorney that becomes effective as soon as I sign it? – NC Short Answer In North Carolina, a financial power of attorney can be drafted to take effect immediately instead of waiting for incapacity. To make that happen, the document should clearly state that the agent’s authority…

Can I name just one person as my power of attorney without choosing a backup agent? NC

Can I name just one person as my power of attorney without choosing a backup agent? – NC Short Answer Yes. In North Carolina, a person creating a financial power of attorney can name one agent only and does not have to name a backup agent. The document can also be written to take effect…

What authority does my agent have once my power of attorney is signed and notarized? NC

What authority does my agent have once my power of attorney is signed and notarized? – NC Short Answer In North Carolina, an agent’s authority under a financial power of attorney usually begins as soon as the document is properly signed and notarized, unless the document says it starts later or only after a stated…

Who can serve as a witness when I sign a power of attorney? NC

Who can serve as a witness when I sign a power of attorney? – NC Short Answer In North Carolina, a power of attorney is generally signed before a notary. If a witness is used, the witness should be a disinterested adult who is not the named agent and does not benefit from the transaction.…

Do we need the current deed with us if we want to put our child on the house title? NC

Do we need the current deed with us if we want to put our child on the house title? – NC Short Answer Usually, bringing the current deed is very helpful in North Carolina, even if it is not always the only way to confirm ownership. The deed shows how title is held now, the…

Do we need to bring an existing will if we want to update or replace it? NC

Do we need to bring an existing will if we want to update or replace it? – NC Short Answer No. In North Carolina, an existing will is not required to create a new will or replace an old one. But bringing the current will and any related estate documents is usually very helpful because…

What documents should we bring to an estate planning meeting for wills and related documents? NC

What documents should we bring to an estate planning meeting for wills and related documents? – NC Short Answer For a North Carolina estate planning meeting, it helps to bring identification, a basic asset list, family information, and any existing estate planning papers. If the meeting may also cover adding a child to a home…

What is the difference between leaving money through a will and leaving it through a trust? NC

What is the difference between leaving money through a will and leaving it through a trust? – NC Short Answer In North Carolina, money left through a will passes only after death and usually goes through probate before the executor can distribute it. Money left through a trust is controlled by the trust terms, managed…

Can I update my will when my children are older or my family situation changes? NC

Can I update my will when my children are older or my family situation changes? – NC Short Answer Yes. In North Carolina, a will can usually be updated after children get older, after a marriage, divorce, move, birth, adoption, or other family change. The safest way is to sign a new will or a…

Do I have to put money into a trust ahead of time if my will leaves money to my children? NC

Do I have to put money into a trust ahead of time if my will leaves money to my children? – NC Short Answer No. In North Carolina, a will can leave money to children without placing that money into a trust during life. A parent may use a simple gift in the will, a…

What happens if my parent made a newer will and I only have a copy of the older one? NC

What happens if my parent made a newer will and I only have a copy of the older one? – NC Short Answer In North Carolina, an older will does not control if a valid newer will revoked it. A copy of an older will may still matter, but the clerk of superior court will…

How do I know if my parent’s old will is still valid after they moved to another state? – NC

How do I know if my parent’s old will is still valid after they moved to another state? – NC Short Answer In North Carolina, an older will does not automatically become invalid just because a parent moved to another state. A will can still be valid if it was executed under North Carolina law,…

Can a court consider my written concerns about abusive relatives when deciding who should care for my children? NC

Can a court consider my written concerns about abusive relatives when deciding who should care for my children? – NC Short Answer Yes. In North Carolina, a parent can use a will to recommend who should serve as guardian for a minor child, and the clerk of superior court must give that recommendation substantial weight…