Do I need a trust in addition to a will if I’m leaving property to a minor? – North Carolina Short Answer Often, yes—some kind of trust or custodial arrangement is usually needed if the beneficiary may still be a minor when the will takes effect. In North Carolina, a minor generally cannot directly receive…
Can I limit what my agent is allowed to do under a durable power of attorney? – North Carolina Short Answer Yes. In North Carolina, a durable power of attorney can be drafted to give an agent only specific powers and to withhold or condition other powers. Limits work best when they are written clearly…
If our will is a pour-over will, does it need to be rewritten to work with our trust in our new state? – North Carolina Short Answer Not always. North Carolina generally recognizes a properly executed out-of-state will, and North Carolina law also allows a will to “pour over” assets into a trust at death…
What makes a power of attorney “durable,” and when does it take effect? – North Carolina Short Answer In North Carolina, a power of attorney is “durable” when it is written to keep working even if the person who signed it later becomes incapacitated. When it takes effect depends on how it is drafted: many…
Do my spouse and I both need to sign new documents if we’re only changing who the backup trustee is? – North Carolina Short Answer Usually, yes—each spouse must sign the document that changes that spouse’s own estate planning document. In North Carolina, changing a successor (backup) trustee is typically done by a written trust…
How do I leave my mobile home and everything inside it to my child? – North Carolina Short Answer In North Carolina, a mobile home can pass to a child through a properly signed and witnessed will, but the transfer steps depend on whether the home is still titled through the N.C. Division of Motor…
How can someone make sure a will is valid and less likely to be challenged later? – North Carolina Short Answer In North Carolina, the most reliable way to make a will valid and harder to attack is to sign a written will with the required witness formalities and add a self-proving affidavit. For a…
What information and documents should I bring to revise my existing will or trust? – North Carolina Short Answer For a North Carolina will or trust update, bring the most recent signed versions of the documents (and any amendments), plus a clear list of what changes are needed—especially who should serve as the next successor…
Can I change or revoke a durable power of attorney later if I change my mind? – North Carolina Short Answer Yes. In North Carolina, a person who has capacity can usually revoke a durable power of attorney (DPOA) at any time, and can also sign a new DPOA to change agents or powers. The…
Who should I choose as my agent, and what happens if my first choice can’t serve? – North Carolina Short Answer In North Carolina, the best agent for a durable power of attorney is a trustworthy adult who can handle money and paperwork carefully, follow instructions, and communicate well with banks and family. It is…
