How do I know what authority I have as trustee under my parent’s trust? – NC Short Answer In North Carolina, a trustee’s authority starts with the trust document and is limited by fiduciary duties that require loyalty, prudence, good records, and fair treatment of beneficiaries. After a parent’s death, the acting trustee usually has…
Can a sibling challenge how I distribute personal property if the trust includes a memorandum of who should receive specific items? – NC Short Answer Yes. In North Carolina, a sibling can challenge a trustee’s handling of personal property if the sibling claims the trustee is not following the trust terms, is ignoring a valid…
What does it mean if a will says certain property should be kept or placed in storage? – NC Short Answer In North Carolina, language in a will saying property should be kept or placed in storage usually means the personal representative should preserve that property instead of distributing, selling, or discarding it right away.…
Can a will require someone to hold onto property instead of distributing it right away? – NC Short Answer Yes. Under North Carolina law, a will can direct the person handling the estate to keep certain property for a period of time instead of handing it out immediately, especially if the will creates a trust,…
How can I get clarification about a specific part of a will that I do not understand? – NC Short Answer In North Carolina, the first step is usually to have an attorney review the exact will language and explain it in the context of the whole document. If the wording is still unclear after…
What happens if my parent signs the deed to the house over to me before passing away? – NC Short Answer In North Carolina, if a parent signs and properly delivers a deed transferring the house during life, the house usually becomes the child’s property right away and generally does not pass through that parent’s…
Can my parent put a house into a revocable trust and still keep control of it? – NC Short Answer Yes. In North Carolina, a parent can transfer a house into a revocable trust and still keep control if the parent serves as trustee, keeps the power to revoke or amend the trust, or both.…
Can a trust protect my parent’s house from Medicaid estate recovery? – NC Short Answer Sometimes, but not every trust will do that under North Carolina law. A revocable living trust usually does not protect a parent’s house from Medicaid estate recovery, while an irrevocable trust may help only if it is structured correctly and…
How do I transfer my parent’s house so it passes to me without going through probate? – NC Short Answer In North Carolina, a house usually avoids probate only if the parent transfers it during life or places it in a valid non-probate arrangement before death, such as a revocable living trust or, in some…
What should I include in a simple will if I only want basic estate planning documents? – NC Short Answer In North Carolina, a simple will should usually name the person making the will, revoke older wills, name an executor, say who receives the estate, and name backup beneficiaries and backup fiduciaries. If minor children…
