How do I update or redo my parent’s property documents with a new attorney if something was left incomplete? – NC Short Answer In North Carolina, a new attorney can usually review a parent’s existing property and estate planning documents, identify what was never signed, notarized, witnessed, or recorded, and then prepare updated or replacement…
Do I need a power of attorney or guardianship to handle my parent’s house if their health is declining? – NC Short Answer Usually, a valid financial power of attorney is the simpler way to handle a parent’s house in North Carolina if the parent still has legal capacity to sign it and the document…
How can I get a copy of the property documents an attorney prepared for my parent? – NC Short Answer In North Carolina, a child usually cannot get a parent’s estate planning or property file from a law firm just by asking for it. The firm generally needs authority from the parent, such as a…
Can my parent’s medication or health condition affect whether the house paperwork is valid? – NC Short Answer Yes. In North Carolina, a parent’s medication or health condition can affect whether house paperwork is valid if the condition kept the parent from understanding the nature of the document, the property involved, and the effect of…
Can Medicaid treat the home as my parent’s asset even though the deed names me as the remainder owner? – NC Short Answer Yes, in many North Carolina Medicaid situations, the parent’s life estate still counts as a real property interest even if the deed names a child as the remainder owner. Medicaid does not…
Can the firm tell me whether my parent’s documents were finalized and properly signed? – NC Short Answer Sometimes, but not always. In North Carolina, a law firm can usually confirm basic file status and whether signed estate planning documents are in the file, but the firm still has confidentiality duties and may need proof…
How do I set up a power of attorney for my parent? – NC Short Answer In North Carolina, a parent must create and sign the power of attorney while the parent still has legal capacity to understand the document and the authority being granted. A child cannot simply set one up alone or sign…
How do I set up a trust to pass my assets to my children as I get older? – NC Short Answer In North Carolina, setting up a trust usually means choosing the right type of trust, signing a written trust agreement, naming a trustee, and then actually transferring assets into the trust. If the…
Can I put cash value life insurance into a trust and add real estate later? – NC Short Answer Yes. Under North Carolina law, a trust can generally be funded with one asset first and additional assets later, including a cash value life insurance policy and later-transferred real estate, if the trust terms allow it…
How do I choose a family member to serve as trustee with me or after me? – NC Short Answer In North Carolina, a family member can serve as a co-trustee or successor trustee if that person is trustworthy, organized, able to follow the trust terms, and willing to handle ongoing fiduciary duties. The right…
