What happens if a doctor will not certify incapacity for a springing power of attorney? – North Carolina Short Answer In North Carolina, if a springing power of attorney requires a doctor’s written finding of incapacity and the doctor will not provide it, the agent usually cannot use that document yet because the “trigger” has…
Should I use a trust, a will, or a deed to best protect my assets and make things easier for my family? – North Carolina Short Answer In North Carolina, a will is the basic document that names who inherits and who handles the estate, but it often still requires probate through the Clerk of…
Can I set up an individual revocable trust even though I’m married? – North Carolina Short Answer Yes. In North Carolina, a married person can create an individual (separate) revocable living trust. The practical issue is not marital status, but whether the assets being moved into the trust are owned individually or jointly with a…
After moving to a new state, do we need to update or restate any trust or estate planning documents to comply with local rules? – North Carolina Short Answer Often, no full “restate” is required just because a family moved to North Carolina, especially if the documents were properly signed where they were created. But…
How can I qualify for veterans aid and attendance benefits, and what evidence do I need to apply? – North Carolina Short Answer In North Carolina, qualifying for Veterans Aid and Attendance usually means the veteran (or surviving spouse) meets basic service and discharge rules, has a documented medical need for help with daily activities,…
If my parent’s estate and documents involve more than one state, which state controls and where does everything need to be handled? – North Carolina Short Answer In North Carolina, there is rarely one single “controlling” state for every part of a parent’s estate. The main (primary) estate case is usually opened in the state…
What’s the difference between a third-party special needs trust funded by family assets and a trust funded with the child’s own money, and which fits our situation? – North Carolina Short Answer In North Carolina, a third-party special needs trust is usually funded with someone else’s money (often parents or relatives) for a person with…
Can I put my new business into a trust, or is it better to keep the entity separate and transfer only ownership interests? – North Carolina Short Answer In North Carolina, a trust generally can own a business, but the cleaner approach is usually to keep the business entity (LLC or corporation) separate and transfer…
If I put my LLCs in a trust, how does that affect probate, estate taxes, and who manages the businesses if I’m unavailable? – North Carolina Short Answer In North Carolina, placing LLC ownership interests into a properly created and funded trust can reduce what must go through probate because the trust, not the individual,…
Can I transfer mortgaged properties into a living trust without triggering problems with the lender? – North Carolina Short Answer Usually, a mortgaged North Carolina property can be deeded into a revocable living trust without creating a new loan, but the mortgage and its loan terms still control what the lender may do. Many home…