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…
If I make one change now, can I make additional updates later without creating a whole new plan? – North Carolina Short Answer Yes. In North Carolina, most estate plans can be updated in stages without starting over, as long as each change is made the right way for that document (a will versus a…
What can I do if I think a power of attorney agent is taking money or not using it to care for my relative? – North Carolina Short Answer In North Carolina, a power of attorney (POA) agent must use the older adult’s money for the older adult’s benefit and avoid self-dealing. If there are…
How can we set up our estate plan so each spouse’s separate property goes to their own children while we still protect the surviving spouse? – North Carolina Short Answer In North Carolina, this is commonly handled by updating each spouse’s plan so separate property is directed into a trust structure that (1) supports the…
How do I update an old trust after I remarry and the people I named in it have died? – North Carolina Short Answer In North Carolina, an old (usually revocable) trust is typically updated by signing a formal trust amendment or a trust restatement, and then updating the related documents that “work with” the…
If I die while my kids are still minors, can my spouse automatically keep caring for them even if they haven’t been adopted? – North Carolina Short Answer Not automatically in every situation. In North Carolina, a stepparent who has not adopted the children does not automatically become the legal parent just because the biological…
