Do we need a trust, or is a will enough if our main goal is making things easier for our family and naming guardians? – North Carolina Short Answer In North Carolina, a will is usually the minimum starting point for parents with minor children because it lets parents nominate a guardian and name an…
What happens if there is no medical power of attorney in place and a medical decision has to be made urgently? – North Carolina Short Answer In North Carolina, if an adult cannot make or communicate medical decisions and there is no Health Care Power of Attorney, the law usually allows certain people to consent…
How do I set up an agreement so my adult child can live in my parent’s house and make payments without everyone getting into legal trouble later? – North Carolina Short Answer In North Carolina, the safest way to avoid problems later is to put the arrangement in a written, signed agreement that matches what…
How do I set up a will and make sure it’s valid? – North Carolina Short Answer In North Carolina, the most reliable way to set up a valid will is to sign a written will and have at least two competent witnesses sign it while in the testator’s presence. The will should clearly name…
Can my parents create wills and a trust where I handle things as the executor or trustee? – North Carolina Short Answer Yes. In North Carolina, parents can name an adult child to serve as the executor (also called the personal representative) in a will and/or as the trustee of a trust, including a trust…
How do we confirm what the will actually says about the life estate and what rights each heir has? – North Carolina Short Answer In North Carolina, the most reliable way to confirm what a deceased parent’s will says about a life estate is to get a certified copy of the will and the probate…
If the person who currently has power of attorney is starting to lose capacity, what happens and how do we replace them before it’s too late? – North Carolina Short Answer In North Carolina, a power of attorney does not automatically “transfer” just because the current agent (attorney-in-fact) is getting older or is starting to…
Can I create a trust, and how do I know if I actually need one? – North Carolina Short Answer Yes. In North Carolina, a trust can be created during life (often called a “living trust”) or at death through a will. Whether a trust is actually needed depends on the goal: avoiding probate for…
If we use inherited money to settle or pay off credit card debt, could that create problems with Medicaid or other benefits? – North Carolina Short Answer Yes, it can. In North Carolina, an inheritance received by a person on Medicaid can affect eligibility because it may be treated as income in the month received…
How do I set up a financial power of attorney so my spouse can handle my bank account if the bank won’t accept informal permission? – North Carolina Short Answer In North Carolina, the cleanest way to give a spouse clear authority to deal with a bank account is to sign a written financial power…
