How should the signature line be written when I’m signing my parent’s name at my parent’s direction and in my parent’s presence? – North Carolina Short Answer In North Carolina, the safest way to show what happened is to sign the parent’s name and then add wording that makes clear the signature was written by…
How do I set up a power of attorney, and what powers should it include for my situation? – North Carolina Short Answer In North Carolina, setting up a power of attorney usually means signing the right document for the right job: a financial (durable) power of attorney for money and property decisions, and a…
When will my medical proxy take effect and how do I make sure it’s valid? – North Carolina Short Answer In North Carolina, a medical proxy (often called a Health Care Power of Attorney) usually takes effect only if a physician (or, for mental health treatment, a physician or eligible psychologist) determines in writing that…
How can I ensure my pets are cared for immediately after I pass, and should I use a pet trust or will language to make that enforceable? – North Carolina Short Answer In North Carolina, the most reliable way to make pet care enforceable is usually a pet trust (either in a stand-alone trust or…
What happens if my deeds don’t match what my trust paperwork says about who owns the properties? – North Carolina Short Answer In North Carolina, the deed controls what the public record shows as the owner, even if a trust document says the property should be in the trust. A mismatch can create problems when…
How often should I update my will and guardianship choices after major life changes? – North Carolina Short Answer In North Carolina, a will and guardianship recommendations should be reviewed after any major life change and on a regular schedule even if nothing big happens. A practical rule is to review every 2–3 years, and…
Should we use a revocable trust or an irrevocable trust if our main goal is to avoid probate and manage multiple rental properties? – North Carolina Short Answer In North Carolina, a properly funded revocable living trust is usually the better fit when the main goals are avoiding probate and smoothly managing multiple rental properties…
If I already have a first-party special needs trust, how can I add or appoint a trust protector later? – North Carolina Short Answer In North Carolina, adding a trust protector later usually requires a valid way to change the trust’s terms (for example, an amendment power already written into the trust, a nonjudicial modification…
How can I protect a relative’s house from Medicaid estate recovery if they are moving into assisted living? – North Carolina Short Answer In North Carolina, Medicaid can seek repayment after a recipient’s death through a claim against the recipient’s “estate,” and the definition of “estate” can reach certain property interests that pass outside probate.…
Can my relative sign over their remaining rights and can I hold the property for a while before selling without creating Medicaid look-back or penalty issues? – North Carolina Short Answer In North Carolina, a relative can sometimes give up (“renounce”) a property interest or transfer it, but either step can create Medicaid transfer-for-less-than-fair-market-value risk…
