![]() For example, the state may have different rules for powers of attorney or health care directives. Other pieces of your estate plan may need updating as well. Other things to consider are whether there is any language you can add to the will to make it easier to probate in the new state and whether your executor still makes sense based on your new location. In addition, states may have different rules about when co-owned property may pass to the surviving owner and when it may pass under the will. LASIK and other newer procedures may produce only minor visual disturbances at high elevations. At very high elevations, however, some people who have had radial keratotomy procedures might develop acute farsightedness and be unable to care for themselves. In a community property state, property acquired during the marriage is considered community property. Most people do not have visual problems at high elevations. Who May Make a Will in North Carolina The North Carolina statutes require those who make a Will to be of sound mind and over 18 years. In a common law state, each spouse’s property is owned individually. For a Will to be valid in North Carolina, it must meet North Carolina’s statutory requirements, found in Chapter 31 of the North Carolina General Statutes. This form may be found in the North Carolina General Statutes, Chapter 32A, Section 32A-25. The notary section of the form sets forth the requirements for the witnesses, so be sure to read it. A Will must be in writing, signed by the testator and by two witnesses. (See: Section 31-1) Sound mind generally means someone who has not been deemed incompetent in a prior legal proceeding. The principal and the witnesses must sign before a notary public. In North Carolina, any person eighteen (18) years of age, or a minor lawfully married, and of sound mind may make a Will. It is better if everyone signs in front of each other and the notary. The healthcare POA form must be dated and signed by the principal and two witnesses. To be self-proving it would have to be notarized but that does not affect a will's validity. It is especially important to have your estate plan reviewed if you move from a common law state to a community property state (Arizona, California, Idaho, New Mexico, Louisiana, Washington, Nevada, Texas, Wisconsin, and Alaska) or vice versa. To be valid in North Carolina, a will that is typed or printed MUST be witnessed by two individuals who are not beneficiaries under the will and signed by the testator. Property laws can vary from state to state.
0 Comments
Leave a Reply. |