How do I find an attorney who can prepare an emergency will on short notice? – NC Short Answer In North Carolina, the fastest way to find an attorney for an emergency will is to contact an estate planning attorney and clearly state that the person is hospitalized, needs a will prepared immediately, and may…
Can I use my will to nominate a guardian for a minor child, and does the court still have to approve that choice? – NC Short Answer Yes. Under North Carolina law, a parent may use a will to recommend a guardian for a minor child. But that nomination does not automatically control the result.…
If the minor child lives in a different state than I do, where does the guardianship case have to be filed first and can it be transferred later? – NC Short Answer In North Carolina, a guardianship case for a minor is usually filed in the county where the minor resides or is domiciled, not…
Can I put something in my will requiring a guardian to allow the child to stay in contact with the child’s immediate family? – NC Short Answer Usually not as a binding command. In North Carolina, a parent can use a will to recommend who should serve as guardian for a minor child, and that…
Can I choose one person as my main agent and another person as a backup for medical and financial decisions? – NC Short Answer Yes. In North Carolina, a person making a health care power of attorney can name one primary agent and one or more successors, and a financial power of attorney can also…
How do I transfer a special needs trust from one management company to another? – NC Short Answer In North Carolina, moving a special needs trust from one management company to another usually depends on the trust’s own terms and the type of trust involved. Many transfers happen by reviewing the current trust, confirming whether…
Should I use a quitclaim deed or a warranty deed to move my home into my trust? – NC Short Answer In North Carolina, a deed moving a home into a revocable trust is usually handled as a no-sale transfer, and many estate-planning attorneys prefer a deed that clearly matches the owner’s existing title and…
How can my parent find out whether a trustee is violating the terms of a trust by adding conditions that are not written in it? – NC Short Answer In North Carolina, a trustee must follow the trust’s written terms and act for the beneficiary’s benefit, not add personal rules that the trust does not…
Do I need a separate will if I create a trust, and what is a pour-over will used for? – NC Short Answer Usually, yes. In North Carolina, a trust and a will do different jobs, and many estate plans use both. A pour-over will acts as a backup document that directs assets still owned…
If my trust was restated and then amended, which versions do I need to provide for a home transfer into the trust? – NC Short Answer For a home transfer into a revocable trust in North Carolina, the usual goal is to show the current trust terms and the current trustee authority, not to hand…
