What’s the difference between updating a will versus updating a trust when both are part of the plan? – North Carolina Short Answer In North Carolina, updating a will usually means signing a new will (or a codicil) with the same formal witness requirements as the original will, and the updated will only controls what…
Can I change the successor trustee order without rewriting my entire estate plan? – North Carolina Short Answer Often, yes. Under North Carolina practice, a revocable living trust can usually be updated with a written trust amendment (or, in some cases, a trust restatement) to change the successor trustee order without rewriting everything. The right…
What powers can I give someone in a durable power of attorney, and what should I limit? – North Carolina Short Answer In North Carolina, a durable power of attorney can give an agent broad authority to handle financial and property matters—often including banking, paying bills, managing investments, and handling real estate. The powers that…
Do we need to redo our will and trust after moving to a different state, or can we keep the old documents? – North Carolina Short Answer Often, a will signed in another state can still be valid in North Carolina, but it should be reviewed to confirm it will be accepted for probate and…
How do we change a trustee who has passed away—can it be done with a simple amendment? – North Carolina Short Answer Often, yes—if the trust is revocable and the trust’s amendment clause allows it, the trustee lineup can usually be updated with a written trust amendment signed with the required formalities. But a “simple…
How do I get a will prepared for a family member who wants to leave property to relatives? – North Carolina Short Answer In North Carolina, the safest way to prepare a will is to have the person making the will (the “testator”) sign a written will and have at least two competent witnesses sign…
How do I set up a durable power of attorney, and what steps are involved? – North Carolina Short Answer In North Carolina, setting up a durable power of attorney usually means signing a written document that names an agent to handle financial and property matters, then having the signature properly notarized. The document can…
What happens if my child is still a minor when I pass away—can someone manage the mobile home until they’re old enough? – North Carolina Short Answer Yes. In North Carolina, a minor generally cannot take legal control of inherited property, so an adult must manage it until the child reaches the legal age to…
What changes should we make to our estate plan now that our child is married and we’re expecting a grandchild? – North Carolina Short Answer In North Carolina, a child’s marriage and an expected grandchild are common triggers to review and update a will and revocable trust—especially after a move to a new state and…
How do I update my will and trust to change a successor trustee? – North Carolina Short Answer In North Carolina, changing a successor trustee is usually done by signing a written trust amendment (or a full restatement) that follows the amendment rules already written into the trust. Updating the will is typically done by…
