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James Jenkins Mills
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James Mills’s Answers

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  • My question is about the Letter of Testermentary - in NC.

    I need a Letter of Testermentary - I have the death certificiate and the letter from the insurance company stating that I am the beneficiary over my mother's insuarance policy - there was NO will. 1. What else do I need to take? 2. How much does i...

    James’s Answer

    Take the death certificate to the county courthouse where your mother lived/died. Ask for the estates division. Without a will, the clerk will likely issue letters of administration (same thing as letters testamentary). Should be issued the same day.

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  • My mother passed away recently do i have rights to review her last will and testament

    I am concerned that she was not of sound mind to make clear decisions in her will i also believe she was munipulated by her husband into writing her will how he wanted he has always been abusive an munipulative towards her and also to his ex wife ...

    James’s Answer

    The quick answer is yes - you can review the will if/when it is submitted to probate. At that point, it becomes a public record. You can contact the clerk of court, estates division, and inquire as to whether the will has been submitted. If so, you can retrieve a copy.

    The bigger issue - if you feel that you have been disinherited (or that your inheritance has been negatively impacted) by an illegitimate will, you should act quickly and consult with an attorney who handles estate disputes, which is a fairly unique body of law in North Carolina.

    Our office, like several other firms, offers free initial consultations on matters like this. A quick call to an attorney can shed light on your rights, how quickly you should act (if at all), and other matters. I would strongly suggest you contact an attorney soon, if indeed you feel the will is illegitimate.

    Good luck going forward.

    Jay Mills

    James J. Mills
    2626 Glenwood Ave., Ste. 560
    P.O. Box 10867
    Raleigh, NC 27605
    Telephone: 919.235.3824
    Fax: 919.782.2311
    www.burnsdaypresnell.com

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  • My grandmother passed away and left her beach house to her 4 grandchildren but put it the oldest childs name before she passed.

    She left the will and a signed paper stating we all share and be partners. The oldest grandson has taken control and pushed us out because he says its in his name and we cant do anything about it. Can the other 3 of us pursue legal action or not? ...

    James’s Answer

    You can challenge the deed, which is not very different from challenging a will (which happens all the time). I do agree with the other attorneys who have responded in that the documents are the first place to look, and the documents appear to be against you. Thus, to prevail, you will need to get the deed nullified. You should contact someone in Raleigh to discuss. Our office, as well as other firms in the area, have experience with these types of claims. Either way, good luck going forward.

    -Jay Mills

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  • When should you get a lawyer when you've been in an accident? My accident was only a week and half ago.

    The police said it was the other person who caused the accident and they were cited. I have neck, head , shoulder, and leg pain and am in therapy, and on medication. I have lost work. They gave me a rental car. Mine was a total. They quickly paid ...

    James’s Answer

    • Selected as best answer

    You should go ahead and talk with an attorney. The initial consultation is always free, and you can get more information about the potential value of your claim. Then you can make a decision as to whether you want to handle the claim on your own. There is no question that insurance companies will typically pay more if you have an attorney involved, and there are a number of pitfalls associated with a claim like the one you describe. You are probably better off hiring an attorney, but you will definitely be better off having spoken to one. Good luck with your claim. -Jay Mills

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  • Can beneficiaries sue the personal rep if she knew my dad had a will before he died in '08 and she didn't present it in probate?

    He also received money from an asbestos lawsuit and we as beneficiaries didn't receive any. We think she has stolen our money. Is it too late to sue her?

    James’s Answer

    It really depends on the underlying facts and exactly what your potential claims would be. It could also depend on when you learned, or should have learned, of the personal representative's wrongful acts. You should speak with an estate dispute attorney in your area soon, and he/she can help you figure out if you have a viable claim or whether it is barred by the statute of limitations.

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  • Obtaining my son's mother's medical records.

    The hospital said I needed a medical power of attorney. I went to the courthouse and they confirmed this but I need an attorney. To clarify, I want to view/have copy of her medical history at this hospital-not have medical control over her. She is...

    James’s Answer

    You don't have a right to another person's medical records, absent some sort of court order or medical authorization form executed by the person whose medical records you are after.

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  • Store liable?

    Older customer in front of me picked up purchased case of water (2 cases stacked from cashier) from counter. They tilted and the top 1 fell into my knee. Is the store liable? The cashier is the 1 who stacked the cases. Occurred at Walgreens - chec...

    James’s Answer

    You should talk with a NC personal injury attorney regarding your claim and situation. He/she can get additional information and formulate a good strategy going forward. Almost all personal injury attorneys offer free initial consultations, so there is no harm in seeking some of this advice.

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  • Is it legal to withhold inheritance for personal gain?

    My mother and I have never gotten along for many reasons, mainly because her main goal in life is to ruin my relationships with everyone. But my grandfather recently passed away and left me a hunk of money. My mother says I am not allowed to get a...

    James’s Answer

    You need to speak with an attorney with experience in probate/inheritance/estate related disputes. Most attorneys with experience in these areas will offer free initial consultations to get a feel for your situation, and to formulate the best strategy going forward. The description you provided certainly raises a number of questions that are worth exploring from a legal standpoint. I wish you the best of luck going forward. -Jay Mills

    James J. Mills
    2626 Glenwood Ave., Ste. 560
    P.O. Box 10867
    Raleigh, NC 27605
    Telephone: 919.235.3824
    Fax: 919.782.2311
    www.burnsdaypresnell.com

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  • I would like to know if we would nee an Attorney to represent us in this case at the present.

    My daughter is a college student and she had a roommate she and her roommate began to have some problems. The roommate begain to steel my daughters clothing, harressing her via text messeging, communicatin threats via text and tweeter account. The...

    James’s Answer

    You may want to consider bringing a claim yourself in small claims court. You can utilize small claims court for claims under $5,000, and it sounds like your claim would be under that jurisdictional limit. You do not need an attorney for small claims court, so this would save you the cost and hassle of hiring an attorney. Good luck going forward. -Jay Mills

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  • Do i need a lawyer to make my will. I do have assetts.

    i own 2 houses, timeshare, money in the bank and investments. I have 2 children. I want to leave everything to my son and grandson. Im 60 years old and divorced.

    James’s Answer

    If you have significant assets, it is worth spending a little money to hire an attorney to draft your will, and other estate planning documents that may be necessary. This will ensure that your assets are handled according to your wishes after your death. If you try to do it yourself, you run a significant risk of it being done erroneously, or having another family member challenge the validity of the will. In sum - spend the money and hire an attorney.

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