Cheryl K. David's Answers

I am co-trustee on estate, the other co-trustee wants to make a deal so they're the only trustee. Is this cause for concern?

Yes. One Co-trustee can't buy another one off. Seek counsel immediately.

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Amendment 1 was passed in NC....we are wondering what are our rights for making a living will, life insurance, and last will?

It is unclear how the amendment is going to effect wills. It is possible that there will be some challenges which will make it to the courts regarding transfers between LGBT couples. However, wills are not contracts, so there is a strong argument that the Amendment won't apply. POAs and Health Directive allow appointment of anyone you choose to handle this job for you, so these should be okay. I am being very careful how I draft documents in light of the new Amendment. The smartest thing...

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Known heirs and unknown heirs

You are entitled to be reimbursed for the funeral. I suggest you hire an attorney immediately. This sounds like a very contentious situation, if you are being sued. There is also a great deal at stake; namely the real estate that you state was put in your name. I haven't read the will, so I don't know how to answer the rest of your questions about everything going in a trust.

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My father recently provided me with a bill...and told me he wants it attached to his estate. But I'm not listed in his Will.

If your father loaned you $12,000.00 and such loan is not forgiven, by the terms of his will, at his death, then there may be a debt owed to the estate. This debt may be collected by the personal representative of the estate, appointed by the will, at the time your father passes away. The debt may be "enforced" by the personal representative through legal action.

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How can I protect my mothers assets?

The family and mother need to see an elder law attorney, immediately. There are things which can be done to protect her. If she is still legally competent a power of attorney over property and medical decisions is imperative. Guardianship may also be necessary. There are many strategies which lawyers skilled in this area of law use to make sure she will not be taken advantage of by predators.

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Is a trust formed in one state still valid in another state?

Your trust from Florida should work in North Carolina. However, the ancillary documents need to be changed from Florida to North Carolina. The ancillary documents are the health care power of attorney, living will, durable power of attorney, HIPAA and pour over will. If real estate has been sold it is no longer part of the trust, but this does not necessitate a change to the trust.

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My friends husband died a couple of weeks ago, what legal steps does she need to do?

If everything was held joint with right of survivorship and there was no property in his name, then your friend may not need anything. However, if her husband owned anything in his name, such as accounts or land, a NC Probate will be necessary. Since her name is on the lease, the landlord should let her in the property, but he may want to make sure she is really his wife. A death certificate, marriage certificate and a license should suffice, but if not, she will probably need to see an attorney.

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As a grandchild, do i have standing to contest a will or bring an action against someone for undue influence?

You may contest the will and even possibly prevail in an action for undue influence. These types of cases are very difficult to prove. You would need medical support and hard evidence regarding your allegations in order to overturn an existing will. If you have such evidence, both sides will present evidence which will likely be contradictory. Moreover, unless there was a prior will which left you an inheritance and such was overturned as a result of the undue influence, as a grandchild,...

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Can items be removed from an estate before the will is probated?

The first step is to talk to your brother and calmly voice your concerns. The second step is to probate your mother's will. As personal representatives, you and your brother will need to account to the court for the distribution of her estate and this includes the property removed from the home. By law the terms of her estate plan must be followed. I highly recommend that you both hire an attorney to handle the administration of this estate. Often this serves to preserve family...

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Who is the beneficiary if the designated one is deceased?

Since your Mother's husband passed before she did, he won't receive the proceeds of the policy. Usually a second beneficiary is named on a policy, but if not, it will pass through your Mother's estate and follow the terms of her will.

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