Do we need to change our executor or guardian designations when updating our wills? – North Carolina Short Answer You do not have to change your executor or guardian designations just because you update your will. In North Carolina, changes are needed only if your choices no longer fit your wishes or the people you…
How can I establish a power of attorney for my adult child in jail so we can access their bank account? – North Carolina Short Answer In North Carolina, your adult child must personally sign a notarized financial power of attorney naming you (or a spouse) as agent before you can access their bank account.…
Do I need separate attorneys in each state to add properties to my trust? – North Carolina Short Answer Usually, no. Under North Carolina law, you generally need your estate planning attorney to coordinate the funding of your revocable trust, and a local real estate lawyer or title professional in the state where the out-of-state…
Can we use medical evaluations retroactively to show incompetence at signing? – North Carolina Short Answer Yes. In North Carolina, you may use medical records and later medical opinions to help show the signer lacked capacity at the moment a durable power of attorney (POA) was executed. The court will weigh all evidence—medical, notarization, and…
What kind of evidence is needed to prove undue influence in a POA case? – North Carolina Short Answer In North Carolina, undue influence in a power of attorney (POA) case is usually proved with circumstantial evidence showing four things: the signer was vulnerable, the agent had the opportunity and a disposition to influence, and…
What powers should I include in my durable power of attorney? – North Carolina Short Answer In North Carolina, a financial power of attorney is durable by default and takes effect as your document states. To be most useful, it should expressly grant any “special” powers you want your agent to have (for example, making…
How do I choose the right agent for my durable power of attorney? – North Carolina Short Answer In North Carolina, your agent under a durable power of attorney should be a trustworthy person or institution willing and able to manage your finances, follow your wishes, and keep records. Pick someone who understands your priorities…
How can I use a generation-skipping trust to secure long-term care for my child? – North Carolina Short Answer In North Carolina, a generation-skipping trust can fund your child’s long-term care by placing assets in a trustee’s discretionary or supplemental needs subtrust for your child, while preserving the remainder for later generations. If an existing…
How can I locate a generation-skipping trust set up by a parent? – North Carolina Short Answer In North Carolina, private living trusts are not recorded, so there is no public registry to search. If your parent has died and the trust is now irrevocable, a qualified beneficiary can request a copy of the trust…
What steps are involved in getting a POA notarized and finalized? – North Carolina Short Answer In North Carolina, a financial power of attorney (POA) is valid when the principal signs it (or another person signs at the principal’s direction in the principal’s presence) and the signature is acknowledged before a notary. The POA is…