Can a power of attorney be prepared in one state and still be valid if the person signing it is currently living in another state? – NC Short Answer Yes, often it can. Under North Carolina law, a power of attorney signed in another state may still be valid in North Carolina if it was…
When does a power of attorney take effect, and can it be made effective only if my parent becomes incapacitated? – North Carolina Short Answer In North Carolina, a financial power of attorney usually takes effect as soon as the parent signs it, unless the document says it will start later. It can also be…
What do I need to do to sign a will properly if I am not going into the office? – North Carolina Short Answer In North Carolina, a will usually must be signed by the person making the will and witnessed by at least two competent witnesses. A notary is not required to make the…
What is the difference between a revocable trust and an irrevocable trust for holding my assets? – NC Short Answer In North Carolina, the main difference is control. A revocable trust usually lets the person who creates it keep control and change or cancel the trust during life, while an irrevocable trust usually cannot be…
Do I need to bring in my existing will if I want it revised or replaced? – NC Short Answer No. Under North Carolina law, an older will is not required in order to sign a new will. But bringing the existing will is usually very helpful because it lets the attorney compare the old…
Do I need a trust or will a will alone accomplish my goal if I want everything to go to one child and avoid family drama? – NC Short Answer In North Carolina, a will alone can leave everything to one child, but a will does not avoid probate. A revocable living trust can help…
How do beneficiary designations and property deeds affect an estate plan? – NC Short Answer In North Carolina, beneficiary designations and property deeds can control who receives an asset at death, often outside the will. That means an estate plan is not just a will or trust review. It also requires checking account beneficiary forms…
What decisions can an agent make under a durable power of attorney versus a medical power of attorney? – NC Short Answer In North Carolina, a durable power of attorney usually lets an agent handle financial and property matters, while a medical power of attorney lets an agent make health care decisions when the parent…
Should I put my car into my trust, or is there a better way to make sure it passes to the person I choose? – NC Short Answer Usually, a North Carolina car does not have to be retitled into a revocable trust to pass outside probate. In many cases, a better and simpler option…
What happens if my grandparent wants a will but becomes unable to communicate before it is finished? – NC Short Answer In North Carolina, a will usually must be completed and properly signed while the person still has testamentary capacity and can communicate enough to show intent. If a grandparent becomes unable to communicate before…
