What happens if my adult children disagree about decisions made under my power of attorney? – North Carolina Short Answer In North Carolina, disagreement among adult children does not automatically “override” a valid power of attorney. The person named as agent (or the agents named to act together) has the legal authority to make decisions…
Do we need a trust or will(s) if we want everything to go to my spouse first and then to our children? – North Carolina Short Answer In North Carolina, a will (often paired with “mirror” wills for spouses) can direct that everything goes to a surviving spouse first and then to the children after…
What paperwork is needed to change the deed on a property while the owner is still alive? – North Carolina Short Answer In North Carolina, changing the deed while the owner is still alive usually requires a new deed (often a general warranty deed, special warranty deed, or quitclaim deed) signed by the current owner…
What happens to the child right away if the caregiver dies before a court officially appoints a guardian? – North Carolina Short Answer In North Carolina, a will can recommend who should serve as a minor child’s guardian, but that recommendation does not automatically create an appointed guardian the moment the caregiver dies. Until the…
Should my parent set up a power of attorney or a will in addition to transferring the property? – North Carolina Short Answer In North Carolina, transferring real estate does not replace a power of attorney or a will. A durable financial power of attorney helps someone manage finances and sign real-estate documents during life…
Do I need to notify banks, doctors, or other offices that the old power of attorney is revoked? – North Carolina Short Answer Usually, yes. In North Carolina, a revocation is most effective in the real world when the people and offices that might rely on the old power of attorney receive clear written notice…
If the person raising the child dies, does the child automatically go to the person named in the will or is there still a court process? – North Carolina Short Answer In North Carolina, naming a guardian in a will does not automatically transfer custody of a minor to that person. There is still a…
Can I transfer real estate into a trust while I’m still living in the home? – North Carolina Short Answer Yes. In North Carolina, a homeowner can transfer a house (and other real property) into a living trust and still live in the home. The transfer is usually done by signing and recording a new…
Do adult children automatically have the right to make medical or financial decisions for a parent, or is a power of attorney required? – North Carolina Short Answer No. In North Carolina, an adult child does not automatically have legal authority to make medical or financial decisions for a parent just because of the family…
How do I update my power of attorney to add more protections if I’m worried someone could misuse my money? – North Carolina Short Answer In North Carolina, the safest way to “update” a financial power of attorney is usually to sign a new power of attorney that adds specific guardrails (limits on gifts, required…
