What happens if the grantor loses capacity without updating their trust documents? – North Carolina Short Answer In North Carolina, when a grantor of a revocable living trust loses capacity, the trust does not fail; its terms control who steps in and how it is managed. A successor trustee typically takes over once the trust’s…
How does a pour-over will work in conjunction with a living trust for a married couple? – North Carolina Short Answer In North Carolina, a pour-over will acts as a safety net for your revocable living trust. At death, any assets you still own in your name are probated and then “poured over” to your…
What steps are required to establish a special needs trust? – North Carolina Short Answer In North Carolina, you establish a special needs trust by choosing the right trust type (third‑party, first‑party, or pooled), drafting a compliant trust agreement with discretionary and spendthrift provisions, naming a qualified trustee, and funding it correctly (for example, by…
What documents do I need to appoint someone to make medical and financial decisions if I become incapacitated? – North Carolina Short Answer In North Carolina, you appoint decision-makers with two core documents: a Health Care Power of Attorney (to handle medical decisions) and a Durable Financial Power of Attorney (to handle money, property, and…
Can I set up a trust to manage assets for my minor child and stepchild until they reach adulthood? – North Carolina Short Answer Yes. Under North Carolina law, you can create a revocable living trust or a trust under your will to hold assets for a minor child and a stepchild and control when…
Can I be named my partner’s power of attorney or trustee to prevent him being moved out of his home? – North Carolina Short Answer In North Carolina, only the person (the principal/settlor) with legal capacity can name someone as power of attorney or change who serves as trustee. A partner cannot self-appoint. If your…
How can I create a will and trust that cover both my primary home and beach house? – North Carolina Short Answer In North Carolina, the cleanest way to cover both homes is to sign a valid will and a revocable living trust, then retitle each property into the trust by recording a deed to…
How can I protect my rights under my partner’s living trust when their child is trying to take control? – North Carolina Short Answer In North Carolina, you can move quickly in court to protect a beneficiary interest and the shared home by filing: (1) a trust proceeding before the Clerk of Superior Court to…
How do I ensure I can remain in the shared home under the terms of the living trust? – North Carolina Short Answer In North Carolina, your ability to stay in a home owned by a living trust depends on what the trust document says. If the trust gives you a right to live there…
What steps do I need to take to challenge changes to a living trust if the grantor is being influenced by family members? – North Carolina Short Answer In North Carolina, you generally cannot stop a competent grantor from amending a revocable living trust, but you can act fast to protect them and the trust…