Instructions for Executing, Filing and Storing Your Documents

FREE TRADER AGREEMENT

  • Number of copies: You only need one original to be recorded at the Register of Deeds.  If you need to record it in multiple counties, you can execute multiple originals of the document.
  • Date: Be sure to fill in the date where applicable.  The date the document is notarized is the best date to use.
  • Signatures: Sign your name on the signature line exactly as it is typed.   We recommend using blue ink so the original is easily distinguished from a copy.   You do not need to attach any form of a “SEAL”.
  • Notary Public: Do not sign until you are in the presence of the Notary Public.  The Notary will complete the provision at the end of the document and affix their SEAL.  Be sure the seal or stamp is legible.
  • Recording: The original Free Trader Agreement needs to be recorded at the Register of Deeds office in the County where the affected real estate is located.

DEED

  • Number of copies: You should only sign one original Deed, which will be recorded at the Register of Deeds.
  • Date: Be sure to fill in the date above the Grantor and Grantee provision.  The date that the first signature on the document is notarized is the best date to use.
  • Signatures: Sign your name on the signature line exactly as it is typed.   We recommend using blue ink so the original is easily distinguished from a copy.   You do not need to attach any form of a “SEAL”.
  • Notary Public: Do not sign until you are in the presence of the Notary Public.  The Notary will complete the provision at the end of the document and affix their SEAL.  Be sure the seal or stamp is legible.
  • Recording: The original Deed must be recorded at the Register of Deeds office in the County where the real estate is located. Some county property tax offices also require a completed transfer form, which they provide. If you call the Register of Deeds, they can tell you their specific filing instructions for in person or filing by mail in their county. The fee will be $26.00 to record. In addition, you will need to pay $1 in excise tax per $500.00 of consideration paid. If this is a Deed of Gift, there is no excise tax.

MARITAL AND SEPARATION AGREEMENTS

  • Number of copies: You should sign two originals so that each party retains an originally signed and notarized document.
  • Date: Be sure to fill in the date where applicable.  The date that the first signature on the document is notarized is the best date to use.
  • Signatures: Sign your name on the signature line exactly as it is typed.   We recommend using blue ink so the original is easily distinguished from a copy.   You do not need to attach any form of a “SEAL”.
  • Notary Public: Do not sign until you are in the presence of the Notary Public.  The Notary will complete the provision at the end of the document and affix their SEAL.  Be sure the seal or stamp is legible.
  • Recording: There is no recording requirement for these Agreements.  Each party should retain their original document in a safe place. If necessary, a Separation Agreement that has Free Trader Language can be recorded in the Register of Deeds as a Free Trader Agreement. The parties could also do a "Memorandum of Separation Agreement" if they do not want to put all of the details on the public record.

LAST WILL AND TESTAMENT

  • Number of copies: You should only sign one original Last Will and Testament. If you make any copies of it, be sure they are properly marked as a copy.
  • Initial Each Page: It is recommended that you initial each page in the lower right-hand corner (or where indicated) to prevent anyone substituting pages.  
  • Signatures: Sign your name exactly as it is written in the document.  We recommend using blue ink so the original is easily distinguished from any copies.  Do not sign until you are with your witnesses and Notary Public.
  • Witnesses: North Carolina law requires that your Last Will and Testament be signed by two Witnesses.  They sign on the signature lines and write in their names in the notary provision.  The Witnesses must be competent adults and should not be your beneficiaries or executor.  Their names should also be written in the blanks of the notary provision.
  • Notary Public: Your Notary should be familiar with the procedure of Will executions.  You, your two witnesses and the Notary Public should all be present at the same time and see you and each other sign the documents.  Neither your witnesses nor the Notary Public need to read your Will or know the substance of it.  After you and your witnesses have been sworn and have signed, the Notary will complete the last portion of the document and affix their seal or stamp.
  • Storage: Keep the signed, original Will in a safe place.   It should be kept where you keep your important papers.  Make sure your Executor knows where is your Will is located.  You are not required to file your Will with the Clerk of Court during your life. Your Executor will file it to begin the probate process after you pass away.

HEALTH CARE POWER OF ATTORNEY

  • Number of copies: You should only sign one original Health Care Power of Attorney.  Make copies to provide to your health care agent and to your medical team.
  • Initial Each Page: It is recommended that you initial each page in the lower right-hand corner (or where indicated) to prevent anyone from substituting pages.
  • Signatures: Sign your name exactly as it is written in the document.  We recommend using blue ink so the original is easily distinguished from any copies.  Do not sign until you are with your witnesses and Notary Public.
  • Witnesses: North Carolina law requires that your Health Care Power of Attorney be signed by two Witnesses.  They will sign on the signature lines and print their names underneath.   The Witnesses must be competent adults and should not be your named health care agent or a medical provider.  Their names should also be written in the blanks of the notary provision.
  • Notary Public: You, your two witnesses and the Notary Public should all be present at the same time and see each other sign the documents.  The Notary will fill in the witness names in the notary provisions.  After you and your witnesses have been sworn and have signed, the Notary will complete the last portion of the document and affix their seal or stamp.
  • Storage: Keep the signed, original Health Care Power of Attorney in a safe place.   It should be kept with your other important papers.  Take a copy with you to medical appointments.  You are not required to file this document with the Clerk of Court or Register of Deeds.

LIVING WILL (ADVANCE DIRECTIVE)

  • Number of copies: You should only sign one original Living Will.  Make copies to provide to your health care agent and to your medical team.
  • Initial Each Page: It is recommended that you initial each page in the lower right-hand corner (or where indicated) to prevent anyone from substituting pages.
  • Signatures: Sign your name exactly as it is written in the document.  We recommend using blue ink so the original is easily distinguished from any copies.  Do not sign until you are with your witnesses and Notary Public.
  • Witnesses: North Carolina law requires that your Living Will be signed by two Witnesses.  They will sign on the signature lines and print their names underneath.   The Witnesses must be competent adults and should not your named health care agent or a medical provider.  Their names should also be written in the blanks of the notary provision.
  • Notary Public: You, your two witnesses and the Notary Public should all be present at the same time and see each other sign the documents.  The Notary will fill in the witness names in the notary provisions.  After you and your witnesses have been sworn and have signed, the Notary will complete the last portion of the document and affix their seal or stamp.
  • Storage: Keep the signed, original Living Will in a safe place.   It should be kept with your other important papers.  Take a copy with you to medical appointments.  You are not required to file this document with the Clerk of Court or Register of Deeds.

DURABLE POWER OF ATTORNEY

  • Number of copies: You should only sign one original Durable Power of Attorney.  Make copies to provide to your attorney in fact, your financial advisors and any others who may need to be aware of the fiduciary relationship.
  • Initial Each Page: It is recommended that you initial each page in the lower right-hand corner (or where indicated) to prevent anyone from substituting pages.
  • Signatures: Sign your name exactly as it is written in the document.  We recommend using blue ink so the original is easily distinguished from any copies.
  • Witnesses: No witnesses are required.
  • Notary Public: Do not sign until you are in the presence of the Notary Public.  The Notary will complete the provision at the end of the document and affix their SEAL.  Be sure the seal or stamp is legible.
  • Recording and Storage: Keep the signed, original Power of Attorney in a safe place, but be sure your named attorney in fact knows how to locate the original.  If you become incompetent or if required by a financial institution, then the original Power of Attorney will need to be recorded in the Register of Deeds office.
Notice and Disclaimer
• No lawyer-client relationship is established until the services are agreed upon and the fee is paid.
• All documents and legal advice are based solely on the information provided by the client.  
• The lawyer-client relationship is limited to the preparation of the document or the legal advice purchased.
• Irvine Law Firm does not provide tax or financial advice.  All documents and legal services are based on North Carolina law.
• The relationship ends upon transmittal of the final version of the document or the purchased legal advice.