If the house is transferred into my name, how do I legally remove a family member who has been living there for a long time without a lease? – North Carolina Short Answer In North Carolina, even a family member who has lived in a home for a long time without a written lease is…
If my relative deeds the house to me now, does that override what the will says about who gets the house? – North Carolina Short Answer Usually, yes. In North Carolina, a will generally controls only what the person owns at death, so if the home is validly deeded away during life, the will typically…
Should my relative transfer the house to me now by deed, or is it better to leave it to me through a will or trust? – North Carolina Short Answer In North Carolina, transferring a house by deed “now” can create avoidable risks—especially when another family member already lives in the home—because it shifts ownership…
Would putting the house into a trust let me control the property now while still avoiding probate and reducing family disputes? – North Carolina Short Answer In North Carolina, putting a house into a properly funded trust can help avoid probate for that house and can reduce family disputes by putting clear rules in writing…
How do I know if an irrevocable trust makes sense for my situation? – North Carolina Short Answer In North Carolina, an irrevocable trust can make sense when the main goal requires giving up personal ownership and day-to-day control—most often to protect assets from certain risks, plan for long-term care, or lock in how property…
How do we write our wills so everything goes to the surviving spouse first and then gets split evenly between our adult children? – North Carolina Short Answer In North Carolina, spouses commonly use “mirror” wills that leave everything to the surviving spouse, and if the spouse does not survive, the estate passes to the…
What assets can I put into an irrevocable trust, and what happens to assets I keep outside of it? – North Carolina Short Answer In North Carolina, almost any asset that can be legally transferred can usually be placed into an irrevocable trust, including real estate, bank and investment accounts, and many types of personal…
What are the main benefits and downsides of setting up an irrevocable trust? – North Carolina Short Answer In North Carolina, an irrevocable trust can offer meaningful benefits like stronger asset separation (which may help with creditor protection in the right structure), long-term control over how and when beneficiaries receive assets, and potential planning advantages…
What makes a power of attorney valid if the person signing is elderly or has health limitations? – North Carolina Short Answer In North Carolina, an elderly or medically limited person can still sign a valid power of attorney as long as the person has enough mental capacity to understand what is being signed and…
What does the process look like to create and fund an irrevocable trust from start to finish? – North Carolina Short Answer In North Carolina, creating and funding an irrevocable trust usually happens in two big phases: (1) signing a written trust agreement that meets North Carolina’s trust-creation rules, and (2) “funding” the trust by…
