Legal Question in Wills and Trusts in North Carolina

A will does not become operative until the person who made the will (called the testator) is deceased. A will should be stored in a safe place or filed with the court, not given to another person.

If the person who made the will is alive and going to jail, you cannot use the will. The person, if they want you to handle their affairs, needs to make a power of attorney. You can access a free form at:

http://www.ncga.state.nc.us/enactedlegislation/statutes/html/bysection/chapter_32a/gs_32a-1.html