What is the difference between a financial power of attorney and a medical power of attorney, and can both be signed at the same appointment? – North Carolina Short Answer In North Carolina, a financial (durable) power of attorney lets an agent handle money and property matters, while a medical power of attorney (called a…
Can I name guardians for minor children and ensure money is managed responsibly for them? – North Carolina Short Answer Yes. In North Carolina, a parent can name (or “recommend”) a guardian for minor children in a will, and the Clerk of Superior Court generally gives that recommendation substantial weight when making a guardianship appointment.…
Where should a power of attorney be recorded so local financial institutions accept it after a move to a different county? – North Carolina Short Answer In North Carolina, a financial power of attorney usually does not have to be recorded for day-to-day banking, but banks often ask for recording or other verification as part…
Can we transfer a house into a trust if there is still a mortgage, and do we need to notify the lender or the insurance company? – North Carolina Short Answer In North Carolina, a home can usually be deeded into a revocable living trust even if there is still a mortgage. The mortgage does…
Can I sign a new power of attorney that takes effect immediately even though I have memory issues? – North Carolina Short Answer In North Carolina, a person with memory issues can still sign a new financial power of attorney that takes effect immediately, but only if that person has enough legal capacity at the…
What happens if a doctor will not certify incapacity for a springing power of attorney? – North Carolina Short Answer In North Carolina, if a springing power of attorney requires a doctor’s written finding of incapacity and the doctor will not provide it, the agent usually cannot use that document yet because the “trigger” has…
Should I use a trust, a will, or a deed to best protect my assets and make things easier for my family? – North Carolina Short Answer In North Carolina, a will is the basic document that names who inherits and who handles the estate, but it often still requires probate through the Clerk of…
Can I set up an individual revocable trust even though I’m married? – North Carolina Short Answer Yes. In North Carolina, a married person can create an individual (separate) revocable living trust. The practical issue is not marital status, but whether the assets being moved into the trust are owned individually or jointly with a…
After moving to a new state, do we need to update or restate any trust or estate planning documents to comply with local rules? – North Carolina Short Answer Often, no full “restate” is required just because a family moved to North Carolina, especially if the documents were properly signed where they were created. But…
How can I qualify for veterans aid and attendance benefits, and what evidence do I need to apply? – North Carolina Short Answer In North Carolina, qualifying for Veterans Aid and Attendance usually means the veteran (or surviving spouse) meets basic service and discharge rules, has a documented medical need for help with daily activities,…