Do I need a trust, or is a will enough for my situation with minor children? – North Carolina Short Answer In North Carolina, a will can be enough to name a preferred guardian for minor children and to direct where property goes at death. But a trust often becomes important when the plan needs…
How can I leave money to my grandchildren but keep them from getting it too young or all at once? – North Carolina Short Answer In North Carolina, the most common way to leave money to grandchildren while controlling timing is to use a trust (often created in a will or as a separate “living”…
Can we create a new power of attorney, and does it automatically revoke the prior one if we later find it? – North Carolina Short Answer In North Carolina, a new power of attorney can be created if the person signing it (the “principal”) still has legal capacity to do so. Whether the new document…
How do I start the probate process when the family is in different states? – North Carolina Short Answer In North Carolina, probate starts in the county where the person lived at death by filing the will (if there is one) and an application to be appointed as the personal representative with the Clerk of…
What documents do I need to cover both who cares for my children and how my money and property are handled? – North Carolina Short Answer In North Carolina, most parents use a will (often paired with a trust) to name who should care for minor children if a parent dies and to direct where…
How can I collect an unpaid care-home balance when the resident’s family member never signed my new contract and I may not have a current address for them? – North Carolina Short Answer In North Carolina, collecting an unpaid care-home balance usually depends on identifying the legally responsible payer. If the family member did not…
What documents should I put in place if my parent is in hospice and may pass soon? – North Carolina Short Answer In North Carolina, the most important end-of-life documents for a parent in hospice are usually a Health Care Power of Attorney and a Living Will (also called an Advance Directive for a Natural…
How can I choose and name an agent for my healthcare power of attorney, and what decisions can that person make? – North Carolina Short Answer In North Carolina, a healthcare power of attorney lets an adult name a competent person (the “health care agent”) to make healthcare decisions if the adult later cannot make…
How do I notify banks and other institutions so they accept the updated power of attorney without delays? – North Carolina Short Answer In North Carolina, delays usually happen because the institution cannot confirm that the power of attorney (POA) is currently effective, properly signed, and not revoked. The fastest approach is to deliver a…
Can the person I name as my power of attorney also be a beneficiary, and does that create any problems? – North Carolina Short Answer Yes. Under North Carolina law, the same person can often serve as an agent under a power of attorney and also be named as a beneficiary. The main “problem” is…
