How can I find out what a power of attorney agent is allowed to do if I can’t get a copy of the document? – North Carolina Short Answer In North Carolina, the agent’s authority comes from the written power of attorney (POA), so the most reliable way to learn what the agent can do…
How do I update or change an estate plan after it’s been discussed but not completed? – North Carolina Short Answer In North Carolina, an estate plan is not “in place” until the documents are properly signed with the required witnesses and (for some documents) notarization. If the plan has only been discussed or drafted,…
Can a power of attorney created in one state be used if the person temporarily lives with me in another state? – North Carolina Short Answer Often, yes—but it depends on the type of power of attorney and whether the document was properly executed under the law where it was signed (or under North Carolina’s…
What’s the difference between naming my spouse as guardian in my estate plan versus having my spouse legally adopt my children? – North Carolina Short Answer In North Carolina, naming a spouse as a guardian in an estate plan is a way to state who should care for minor children if a parent dies or…
How does my relative revoke an existing power of attorney and appoint someone else instead? – North Carolina Short Answer In North Carolina, the person who signed the power of attorney (the “principal”) can usually revoke it and sign a new one as long as the principal still has the legal capacity to do so.…
Do I need to retitle my assets into the trust again after moving to a new state? – North Carolina Short Answer Usually, no. If assets were properly titled in the name of the trustee of the trust before the move, they generally stay trust-owned after relocating to North Carolina. The bigger issue is confirming…
What happens if we wait to do estate planning and the person’s memory gets worse? – North Carolina Short Answer In North Carolina, waiting can turn a straightforward estate plan into a much harder (and sometimes impossible) project if the person’s memory declines to the point that they no longer have legal capacity to sign…
What happens if my trust was created in another state but my successor trustee and beneficiaries now live in my new state? – North Carolina Short Answer In North Carolina, a revocable trust created in another state can usually continue to work after a move, but the trust’s day-to-day administration may shift to North Carolina…
How can I make sure my trustee powers and successor trustee provisions still work under my new state’s laws? – North Carolina Short Answer When a trust created in another state is administered after a move to North Carolina, the safest way to keep trustee powers and successor trustee provisions working is to (1) confirm…
What happens to my trust’s terms and administration rules when I change states? – North Carolina Short Answer In most cases, moving to North Carolina does not automatically change the written terms of an existing trust. However, the day-to-day administration rules (how the trustee gives notices, invests, accounts, and handles trustee changes) can shift depending…
