What are the benefits of a trust versus a will? – North Carolina Short Answer In North Carolina, a properly funded revocable living trust can avoid court probate, keep your plan private, and provide seamless management if you become incapacitated. A will must go through the Clerk of Superior Court’s probate process and becomes part…
What makes a power of attorney valid if the principal has dementia but no formal incompetence finding? – North Carolina Short Answer In North Carolina, a power of attorney is valid if the principal had sufficient mental capacity at the moment of signing and the document met the execution formalities (financial POA: signed and acknowledged…
Can a former agent legally challenge the revocation of a durable power of attorney? – North Carolina Short Answer Yes. In North Carolina, a former agent and other interested persons can ask the court to review a revocation or a new power of attorney. The Clerk of Superior Court handles many power‑of‑attorney proceedings, and some…
What steps should I take to protect my mother’s wishes and prevent family conflicts over her medical decisions? – North Carolina Short Answer In North Carolina, make sure your mother’s health care power of attorney (HCPOA) and durable power of attorney (POA) were properly signed and notarized, give immediate written notice of the revocation to…
Do I need court approval to change the agent in a healthcare power of attorney? – North Carolina Short Answer No. In North Carolina, if the principal has capacity, they can change their health care agent without court approval by signing a new Health Care Power of Attorney (HCPOA) that meets the witnessing and notarization…
Can I amend a death certificate directly with vital records or do I have to go through the funeral home? – North Carolina Short Answer In North Carolina, most small errors on a recently filed death certificate must be corrected by the original preparer (usually the funeral home or certifying medical professional). If the preparer…
What documents do I need to submit to get a death certificate amended? – North Carolina Short Answer In North Carolina, simple errors on a death certificate can usually be fixed by the certificate’s preparer (often the funeral home) within about 30 days of registration. If the preparer won’t or can’t fix it, you must…
What qualifies as a minor typo eligible for amendment under the 30-day rule? – North Carolina Short Answer In North Carolina, a “minor” correction within 30 days of filing a death certificate generally covers clerical errors that don’t change identity or medical facts—think misspellings, a missing middle name/alias, or transposed numbers in non-medical fields. The…
How can I correct the name on my brother’s death certificate? – North Carolina Short Answer In North Carolina, the fastest path is to ask the funeral home that prepared the death record to file a minor amendment with Vital Records, especially within the 30-day correction window. If the preparer will not amend it, you…
What paperwork does a personal representative need to file in probate court? – North Carolina Short Answer In North Carolina, a personal representative starts by filing an application for appointment with the Clerk of Superior Court, taking an oath, and posting a bond if required. After appointment, they must publish and file proof of notice…
