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…
How do I become someone’s power of attorney, and what does the other person need to sign for it to be valid? – North Carolina Short Answer In North Carolina, a person becomes someone’s “power of attorney” only if the other adult (the “principal”) signs a written power of attorney document naming that person as…
What happens if I don’t finalize my estate plan and something happens to me? – North Carolina Short Answer In North Carolina, if an estate plan is not finalized and death occurs without a valid will (and without other planning that controls the outcome), the estate generally follows North Carolina’s intestacy rules and a clerk…
Do we need to redo the trust completely, or can we restate it without having to retitle all our accounts and real estate? – North Carolina Short Answer In North Carolina, many revocable living trusts can be updated by a trust restatement instead of starting over with a brand-new trust. A restatement typically keeps the…
What happens if the person signing a power of attorney has memory issues or may not have the capacity to sign? – North Carolina Short Answer In North Carolina, a power of attorney generally must be signed while the person (the “principal”) still has enough mental capacity to understand what the document does and what…
How can I find out what a power of attorney agent is allowed to do if I can’t get a copy of the document? – North Carolina Short Answer In North Carolina, the agent’s authority comes from the written power of attorney (POA), so the most reliable way to learn what the agent can do…
