What does a living will cover and do I need it if I have powers of attorney? – North Carolina Short Answer In North Carolina, a living will (also called an advance directive for a natural death) tells doctors whether to use or stop life-prolonging measures if you cannot decide and you are at the…
How do I set up a revocable living trust for my home and car? – North Carolina Short Answer In North Carolina, you create a revocable living trust by signing a written trust agreement and then retitling assets into the trust. For your home, record a deed transferring title to you as trustee with the…
What assets should I include in my trust versus leaving in my individual name? – North Carolina Short Answer In North Carolina, most people title their home and non-retirement investment/bank accounts to a revocable living trust to avoid probate and keep administration simpler. Keep retirement accounts (IRAs/401(k)s) and life insurance in your individual name but…
Can I sue a trustee for breach of fiduciary duty and mismanagement of trust assets? – North Carolina Short Answer Yes. In North Carolina, a beneficiary may sue a trustee for breach of fiduciary duty and breach of trust, and the court can order money damages, restoration of property, removal or suspension of the trustee,…
What steps do I need to properly fund the trust to shield the home from creditors? – North Carolina Short Answer In North Carolina, retitling a home into a revocable living trust does not shield it from the homeowner’s creditors. To protect a residence, you must address existing judgment liens, promptly claim any homestead exemption,…
Could moving assets into a trust now be viewed as a fraudulent transfer by creditors? – North Carolina Short Answer Yes. In North Carolina, a last-minute move of assets into a trust can be voided as a “voidable” (fraudulent) transfer if it is done to hinder, delay, or defraud creditors, or if the transferor does…
How do I prove my parent lacked capacity when signing trust documents? – North Carolina Short Answer In North Carolina, you prove lack of capacity by showing your parent did not understand what the trust did, the property it affected, or who would benefit at the time each trust document was signed. You file a…
How can I recover land and property misappropriated by my trustee? – North Carolina Short Answer In North Carolina, a beneficiary can sue a trustee for breach of trust to restore wrongfully taken assets, including land, and ask the court to impose a constructive trust, freeze transfers, and order an accounting. You typically file for…
Can I hire an attorney on contingency to handle a trust asset recovery case? – North Carolina Short Answer Yes. North Carolina allows contingency fee agreements in civil cases, including trust asset recovery, so long as the agreement is in writing and clearly explains how the fee is calculated and who pays costs. If you…
What steps should I take before a summary judgment hearing in a trust dispute? – North Carolina Short Answer In North Carolina, summary judgment is granted only if there is no genuine dispute of material fact and the moving party is entitled to judgment as a matter of law. Before the hearing, build an admissible…