Legal Question in Wills and Trusts in North Carolina

I think you are asking a two-part question. Since you are alive, I assume that you are inquiring about a will. Yes, your will should name an alternate as well as a successor executor. The executor's job, should something happen to you and you pass away, is to oversee the orderly disposition of your assets by paying your debts and distributing what is left to your heirs.

You mention a child with mental illness. How old is the child? Does the child now receive government benefits? If no, what is the likelihood of your child needing them in the future? What if anything are you planning on doing in regard to the child? If the child is a minor, have you thought about who would be guardian of the child if you passed away?

These are important questions which should not be answered in a public post. If your child is a minor (under age 18), you should also name a guardian of your child in a will. It may or may not be the child's other parent. It may or may not be the same person as you named in your will as your executor. The duties of each are different and come into play differently. If your child is or will be receiving government benefits (SSDI or the like) then you need to think about setting up a special needs trust for the child.

Finally, you need to think about whether a will or a revocable living trust will suffice for you. What is the value of your assets? And just because you hae a trust does not mean that you don't need a will. You do, but its a special kind of will called a pourover will. A special needs trust for your mentally ill child can be incorporated into either a will or revocable living trust.

You should sit down with an estate planning attorney and should not get a do-it-yourself will kit froom Legal Zoom or another site. Revocable living trusts are a little more complicated and expensive but if you have over $1 million in assets you should consider it. If you don't have substantial assets now, then maybe a regular will would suffice. Wills are not all that expensive. And you always can make a new will or trust if things change.

Depending on what you need, I may or may not be able to assist you. Please contact me at [email protected] if interested.