Category Archives: Estate Planning Q&A Series

What steps do I need to take to prepare for court, such as depositions or hiring qualified opinion witnesses?: North Carolina

What steps do I need to take to prepare for court, such as depositions or hiring qualified opinion witnesses? – North Carolina Short Answer In North Carolina civil cases, preparing for court means planning discovery (documents, written questions, and depositions), lining up qualified opinion witnesses when needed, and following the court’s scheduling and mediation requirements.…

What steps do we need to take to establish durable powers of attorney for each spouse?

What steps do we need to take to establish durable powers of attorney for each spouse? – North Carolina Short Answer In North Carolina, each spouse signs a written power of attorney that is acknowledged before a notary public. Financial powers are “durable” by default, meaning they continue if the signer later becomes incapacitated. To…

How do mutual wills differ from separate individual wills?: North Carolina

How do mutual wills differ from separate individual wills? – North Carolina Short Answer In North Carolina, “mutual wills” usually means two separate wills with matching terms. Unless those wills (or a separate written agreement) clearly say they are a binding contract, either spouse can change their will at any time. By contrast, ordinary separate…

What estate planning documents should I consider after a spouse’s death?: North Carolina

What estate planning documents should I consider after a spouse’s death? – North Carolina Short Answer In North Carolina, you typically update your will (often by signing a new one), refresh your financial power of attorney, health care power of attorney, and advance directive, and review all beneficiary designations. Your twenty-year-old will likely remains valid,…

How do I change the beneficiaries in my will now that my spouse has passed?

How do I change the beneficiaries in my will now that my spouse has passed? – North Carolina Short Answer In North Carolina, you change who inherits under your will by signing either a new will or a codicil (an amendment) with the same formalities as a will: your signature plus two witnesses. Handwritten edits…

Do I need to create a completely new will or can I amend my existing one?:

Do I need to create a completely new will or can I amend my existing one? – North Carolina Short Answer Under North Carolina law, you can amend an existing will with a codicil, but the codicil must be signed with the same formalities as a will. If your will is old or you want…

How can I find out if my old will is still legally valid after my spouse’s death?: North Carolina

How can I find out if my old will is still legally valid after my spouse’s death? – North Carolina Short Answer In North Carolina, a will stays valid until you revoke it or replace it with a new, properly executed document. Your spouse’s death does not cancel your will. If your old will was…

How can I make sure my wishes for burial instead of cremation are clearly documented in my estate plan?: Practical steps under North Carolina law

How can I make sure my wishes for burial instead of cremation are clearly documented in my estate plan? – North Carolina Short Answer In North Carolina, put your wishes in at least one controlling document that decision‑makers and the funeral home can use immediately: a Health Care Power of Attorney that expressly authorizes your…

Do I need to name backup agents for my financial and healthcare powers of attorney?

Do I need to name backup agents for my financial and healthcare powers of attorney? – North Carolina Short Answer North Carolina law does not require you to name backup (successor) agents, but it is strongly recommended for both financial and health care powers of attorney. If your chosen agent cannot serve and no successor…

Can I use a personal property memo to leave specific items to one child without rewriting my entire will?: North Carolina

Can I use a personal property memo to leave specific items to one child without rewriting my entire will? – North Carolina Short Answer Yes. North Carolina lets a will refer to a separate written list (often called a personal property memorandum) to give specific tangible personal items to named recipients without redoing the whole…