What steps do I need to properly fund the trust to shield the home from creditors? – North Carolina Short Answer In North Carolina, retitling a home into a revocable living trust does not shield it from the homeowner’s creditors. To protect a residence, you must address existing judgment liens, promptly claim any homestead exemption,…
Could moving assets into a trust now be viewed as a fraudulent transfer by creditors? – North Carolina Short Answer Yes. In North Carolina, a last-minute move of assets into a trust can be voided as a “voidable” (fraudulent) transfer if it is done to hinder, delay, or defraud creditors, or if the transferor does…
How do I prove my parent lacked capacity when signing trust documents? – North Carolina Short Answer In North Carolina, you prove lack of capacity by showing your parent did not understand what the trust did, the property it affected, or who would benefit at the time each trust document was signed. You file a…
How can I recover land and property misappropriated by my trustee? – North Carolina Short Answer In North Carolina, a beneficiary can sue a trustee for breach of trust to restore wrongfully taken assets, including land, and ask the court to impose a constructive trust, freeze transfers, and order an accounting. You typically file for…
Can I hire an attorney on contingency to handle a trust asset recovery case? – North Carolina Short Answer Yes. North Carolina allows contingency fee agreements in civil cases, including trust asset recovery, so long as the agreement is in writing and clearly explains how the fee is calculated and who pays costs. If you…
What steps should I take before a summary judgment hearing in a trust dispute? – North Carolina Short Answer In North Carolina, summary judgment is granted only if there is no genuine dispute of material fact and the moving party is entitled to judgment as a matter of law. Before the hearing, build an admissible…
What is the difference between a simple will and a living trust? – North Carolina Short Answer In North Carolina, a simple will directs who receives your property at death and must be probated with the Clerk of Superior Court. A revocable living trust is a private arrangement you create during life; assets you retitle…
What happens if the grantor loses capacity without updating their trust documents? – North Carolina Short Answer In North Carolina, when a grantor of a revocable living trust loses capacity, the trust does not fail; its terms control who steps in and how it is managed. A successor trustee typically takes over once the trust’s…
How does a pour-over will work in conjunction with a living trust for a married couple? – North Carolina Short Answer In North Carolina, a pour-over will acts as a safety net for your revocable living trust. At death, any assets you still own in your name are probated and then “poured over” to your…
What steps are required to establish a special needs trust? – North Carolina Short Answer In North Carolina, you establish a special needs trust by choosing the right trust type (third‑party, first‑party, or pooled), drafting a compliant trust agreement with discretionary and spendthrift provisions, naming a qualified trustee, and funding it correctly (for example, by…