Legal Question in Wills and Trusts in North Carolina

My husband has been diagnosed with early stages of dementia. We have an estimated net worth of ~3M in real estate. Some properties are in both of our names and some are in my husband's name only. Should I have all properties put in both of our names? my name only?

How should I protect his small busines when he cannot make decisions. I am verbally the VP.

Also, how and when does power of attorney go into effect? We live in North Carolina.

Thanks so much!


Asked on 2/08/11, 3:31 pm

1 Answer from Attorneys

Jeff Rosner Rosner Law Firm P.A.

Given the size of your estate and your situation, I would strongly suggest consulting with an estate planning attorney in your area as soon as possible. This is not the right forum for that complicated a question and you should not attempt self help. Hopefully your husband still has the capacity to be able to sign documents.

A power of attorney's effectiveness depends on the wording of the power of attorney. Some require the principal to be incompetent and some are effective immediately. Again, this would be something you would want to have an estate planning attorney draw up.

As far as the business, again consult with an attorney but there is no reason a business cannot keep on operating. The answer to what you should do may depend on whether the business is a corporation, LLC or some other entity, what the bylaws, shareholder agreement and/or operating agreement says, what resolutions have been in effect, what the latest annual report says, what you are trying to accomplish, etc.

Best of luck.

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Answered on 2/08/11, 7:15 pm


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