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Have a living trust. Have copiese however cannnot find the

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original. How do I get...
Have a living trust. Have copiese however cannnot find the original. How do I get certified that the copy is the original
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: NC
JA: Has anything been filed or reported?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes, I am older and I want to certify that I am competant and of sound mind due to making some recent changes to will and beneficiaries. Want to make sure that cannot be contested due to someone claiming incompentance or undue infulence
Submitted: 1 year ago.Category: Legal
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11/3/2016
Lawyer: Loren, Attorney replied 1 year ago
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 35,875
Experience: 30 years experience representing clients.
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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.

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Lawyer: Loren, Attorney replied 1 year ago

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)

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Customer reply replied 1 year ago
THANKS, I am older and I want to certify that I am competant and of sound mind due to making some recent changes to will and beneficiaries. Want to make sure that cannot be contested due to someone claiming incompentance or undue infulence
Lawyer: Loren, Attorney replied 1 year ago

If you would like to speak you need to make a request by clicking a button on the page that says Call Me

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Lawyer: Loren, Attorney replied 1 year ago

Are you still online with me? Did you have further questions?

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Lawyer: Loren, Attorney replied 1 year ago

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.

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Customer reply replied 1 year ago
I am older and I want to certify that I am competant and of sound mind due to making some recent changes to will and beneficiaries. Want to make sure that cannot be contested due to someone claiming incompentance or undue infulence
Lawyer: Loren, Attorney replied 1 year ago

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.

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Lawyer: Loren, Attorney replied 1 year ago

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.

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Customer reply replied 1 year ago
THANKS - But what can be done now to ensure that when I am gone that will/trust and changes to beneficiaries cannot be contested on grounds of compentance or undue influence. No doubt it will probably happen and Want to make sure I have left in place things to mitigate
Customer reply replied 1 year ago
THANKS - is there and document that I can have the physician sign. Also would this also be protection against someone say that I was unduly influenced
Lawyer: Loren, Attorney replied 1 year ago

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.

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Customer reply replied 1 year ago
THANKS - Is there a standard form for affidavit or letter from the doctor that you are not acting under diminished mental capacity or suffering from mental illness that you know of
Lawyer: Loren, Attorney replied 1 year ago

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.

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Lawyer: Loren, Attorney replied 1 year ago

Did you have further questions? Have I answered your question?

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Customer reply replied 1 year ago
No further
Lawyer: Loren, Attorney replied 1 year ago

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.

Thank you!

Loren

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