Recent Supreme Court Ruling Regarding Taxation of Trusts
The Supreme Court recently issued a unanimous decision in North Carolina Department of Revenue v. The Kimberley Rice Kaestner 1992 Family Trust. At the center of the case was a dispute as to whether or not North Carolina had the authority to tax the trust given the specific facts of the case. You see,...
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How Do You Create a Valid Will in North Carolina?
Creating a WillEstablishing an estate plan and creating a will are important to help ensure your wishes are honored and your family is provided for after you pass. Without a valid will in place, your estate will be distributed not according to your wishes, but according to the intestacy laws of...
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What Is a Durable Power of Attorney?
Durable Power of AttorneyA power of attorney legally authorizes a purpose to act as your agent. The types and purposes for using a power of attorney greatly vary. You, as the principal, may wish to grant your agent broad or limited authority. You may want to limit the authority to one specific situation. A...
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What Is an Incentive Trust?
You may have spent some time considering who you want to receive your assets when you pass away. You may also have spent some time wondering and worrying about what that person or those people who receive your assets will do with them once they inherit them. It can put you in a difficult...
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Terminating a Living Trust
Trusts terminate due to a variety of circumstances. Usually, it is as simple as having all of the trust property distributed to beneficiaries and then the trust is effectively terminated. This is what happens with the majority of living trusts which are frequently used as a way to avoid probate while still distributing assets...
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Dying Without a Will
If you die without a valid will, state law decides who receives your property. This process, called intestate succession, follows a fixed formula that does not account for your personal wishes, family dynamics, or long-term goals. For many families, that loss of control leads to confusion, delays, and outcomes they did not...
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Advanced Health Care Directives
An often overlooked, but very important, aspect of estate planning are health care directives. These are legal documents that can describe the medical care you want should you be unable to communicate your wishes to your family, friends, and treating medical providers. You should not wait until you are ill, injured, or otherwise incapacitated...
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Estate Planning for Your Pet
Whether it is a dog, cat, bird, or other kind of animal, our pets are like family. Like family, we want to make sure our pets are properly cared for after we pass away. This is possible with careful estate planning.
How Do You Include Pets in Your Estate Plan?
If you wish to provide...
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Don’t Wait to Estate Plan
Estate planning does not seem like a pleasant prospect. It does involve thinking about death and incapacitation, two things people generally do not want to reflect on. Estate planning, however, is too important to avoid. Confronting difficult questions is the only way to legally protect yourself and the best interests of your loved ones....
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Taxation of Trusts
Just like individuals, trusts are subject to taxes at both the state and federal level. How a trust is taxed will vary depending on the type of trust funds. Sometimes a trust will incur the tax liability. Other times a trust fiduciary or beneficiary will incur the tax liability.
How are Trusts Taxed?
In North...
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