How do we locate the current will and other estate papers if we’re not sure where they are or what they say? – North Carolina Short Answer In North Carolina, the most practical way to locate an elderly parent’s current will and related estate papers is to start with a structured document search (home files,…
What documents do I need to prepare new deeds if I can’t find the originals from closing? – North Carolina Short Answer In North Carolina, missing “original” closing deeds usually does not stop a transfer into a revocable living trust because the controlling document is the deed as recorded in the county Register of Deeds.…
If we sell a home that was deeded to me with a reserved life estate, how are the sale proceeds split and can any portion be avoided or redirected? – North Carolina Short Answer In North Carolina, a home with a reserved life estate generally cannot be sold with clear title unless both the life…
How can we set up a revocable living trust for our home along with a will as a couple? – North Carolina Short Answer In North Carolina, a couple usually sets up a revocable living trust for a home by (1) signing a written trust agreement that names the trustees and beneficiaries and explains how…
Do we also need adult guardianship, supported decision-making, or powers of attorney when our child reaches 18, and how do those interact with the trust? – North Carolina Short Answer Often, yes. In North Carolina, when a child turns 18, parents generally no longer have automatic legal authority to access medical information, make health care…
Can I receive income and use the assets in the trust for my own support while also providing for a parent and nieces and nephews? – North Carolina Short Answer Yes—under North Carolina law, a trust can be written so one person (such as the person creating the plan) can receive trust income and, if…
How can I set up a financial power of attorney that names my spouse as agent and choose what powers they have? – North Carolina Short Answer In North Carolina, a financial power of attorney is created by signing a written power of attorney that names an agent (here, a spouse) and states which financial…
If my parent can no longer sign, what are my options to act on their behalf when I can’t locate the existing power of attorney? – North Carolina Short Answer Under North Carolina law, if a parent can no longer sign and the existing power of attorney cannot be located, the first step is usually…
What information and documents should I gather before starting my will so I can name an executor and guardians for dependents? – North Carolina Short Answer In North Carolina, it helps to gather a clear list of family members, potential executors, and possible guardians, plus basic information about assets and debts, before starting a will.…
Can I update or replace an existing will, and what makes the new one valid? – North Carolina Short Answer Under North Carolina law, an existing will can be changed either by signing a new will or by signing a codicil (an amendment) that meets the same legal requirements as a will. A new will…