Ask a Lawyer and Get Answers to Your Legal Questions
Good morning. I am Loren, a licensed attorney, and I look forward to assisting you. Thank you for your patience as I review your question.
You would only need to provide a Certification of Trust. See the following link for the statute which provides the instructions for creating and executing the certification:
Certification of Trust (NC)
If you would like to speak you need to make a request by clicking a button on the page that says Call Me
Are you still online with me? Did you have further questions?
I attempted to accept your phone call request and received the following message:"Payment for this service failed, please do not fulfill yet. We will attempt to reach this customer to fix the situation."
If you can resolve the problem (it is usually a matter of confirming with your bank or credit card that the charge is authorized) I look forward to speaking with you.
Otherwise, I am happy to continue online with you.
There is a presumption that you are competent. In other words, the burden of proof is not on you to prove you are competent, it is on the challenger to prove you are not.
There is no way to assure that a will or trust is not challenged, as it is the right of anyone to access a court and make a good-faith claim. I suppose your best defense is to have a check-up around the same time as the trust is certified or the will is executed. That way there will be a contemporaneous written medical record which can be entered as evidence in the event of a challenge.
As I said, there is no way to cut off the right to challenge. Access to courts is a basic right. You can have a check up and ask for an affidavit or letter from the doctor that you are not acting under diminished mental capacity or suffering from mental illness. Attach it to the trust or will.
No, there is no standard form. The doctor would just prepare a short letter stating what I said. The doctor should know what to write.
Did you have further questions? Have I answered your question?
You are very welcome. If you have no further questions, and have not yet done so, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for assisting you.
There is no additional charge to you for rating me favorably.
A bonus is not expected, but is always appreciated.