Can I name two adult children on my power of attorney and require both of them to approve every decision? – North Carolina Short Answer Yes. In North Carolina, a power of attorney can name two adult children as co-agents and can be written to require joint action (meaning both must agree and sign) for…
Can one will cover both spouses, or do we each need our own will? – North Carolina Short Answer In North Carolina, each spouse should usually sign a separate will. A single document can be drafted as a “joint will,” but joint wills often create avoidable problems after the first spouse dies, including confusion about…
What happens to my home if I transfer it into a family trust during my lifetime? – North Carolina Short Answer In North Carolina, transferring a home into a family trust during life usually means the home’s legal title is moved into the name of the trust’s trustee, to be managed under the trust terms.…
What documents should be included with a will if I want someone to handle my finances and health care if I become incapacitated? – North Carolina Short Answer In North Carolina, a will does not let someone manage finances or make medical decisions during incapacity. To cover incapacity, the usual documents to prepare alongside a…
Can a trustee or family member use trust funds for their own purchase if I’m the beneficiary? – North Carolina Short Answer Usually no. Under North Carolina law, a trustee must manage trust property for the benefit of the beneficiaries, keep trust assets separate, and keep records and provide information when reasonably requested. Using trust…
Do I need to revoke my old power of attorney when I sign a new one with different limits? – North Carolina Short Answer Usually, it is safest to revoke the old power of attorney in writing when signing a new North Carolina power of attorney with different limits. If the older document is not…
What can I do if I believe the trustee is not taking my relative’s health and safety seriously or is neglecting their care needs? – North Carolina Short Answer In North Carolina, concerns about a trustee ignoring an older relative’s health and safety usually call for two parallel steps: (1) immediate safety reporting and (2)…
What information am I entitled to receive as a trust beneficiary while my relative is still alive? – North Carolina Short Answer In North Carolina, a beneficiary’s right to trust information while the relative (often the person who created the trust) is still alive depends heavily on whether the trust is revocable and whether the…
How can we modify or terminate a trust, or remove and replace a corporate trustee, if the current setup makes it hard to access funds? – North Carolina Short Answer In North Carolina, an irrevocable trust usually cannot be changed just because it feels inconvenient, but it often can be modified or even terminated if…
Can a trustee be removed or replaced if they refuse to communicate or aren’t handling the trust responsibly? – North Carolina Short Answer Yes. In North Carolina, a court can remove a trustee and appoint a replacement when the trustee’s conduct makes proper trust administration difficult or puts the trust at risk—such as refusing to…
