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…
How does a durable financial power of attorney work if the person can revoke it whenever they want? – North Carolina Short Answer In North Carolina, a durable financial power of attorney (POA) works because it is a voluntary delegation of authority: the agent can act for the principal only while the POA is in…
Can probate of a will create or change anyone’s interest in real property that the deceased owned? – North Carolina Short Answer In North Carolina, probate generally does not “create” new real-estate rights out of thin air. Instead, probate is the court process that validates the will so the will can be used to pass…
How do I figure out whether assets are owned outright by the deceased versus payable-on-death or otherwise outside the trust? – North Carolina Short Answer In North Carolina, the fastest way to sort probate assets from non-probate (and trust) assets is to match each asset to its legal owner and any contract-based transfer feature (joint…
What does the trust’s “health, education, maintenance, and support” language actually allow, and how does a corporate trustee decide what requests are reasonable? – North Carolina Short Answer In North Carolina, “health, education, maintenance, and support” (often called “HEMS”) is commonly used as a practical boundary on what a trustee may pay for a beneficiary.…
How do I transfer or update an existing power of attorney and health care documents when relocating to a different state? – North Carolina Short Answer In North Carolina, many out-of-state health care powers of attorney are recognized if they were properly signed under the other state’s rules or North Carolina’s rules, but hospitals and…
How can I tell whether the trustee or agent under power of attorney is properly using trust money for my older relative’s care and best interests? – North Carolina Short Answer In North Carolina, the most reliable way to tell whether a trustee or power of attorney agent is using money properly is to look…
How do I set up a revocable living trust so my child can avoid probate when I die? – North Carolina Short Answer In North Carolina, setting up a revocable living trust to help a child avoid probate usually takes two main steps: (1) sign a written trust agreement that names a trustee and says…
How do I know if my trust needs to be updated after life changes or new assets? – North Carolina Short Answer In North Carolina, a trust often needs an update when the people named in it no longer fit the plan (trustee, beneficiaries, guardians), when the plan no longer matches current goals after a…
