Doris Jordan Wiggen’s Answers

Doris Jordan Wiggen

Chapel Hill Wills and Living Wills Lawyer.

Contributor Level 8
  1. Father passed away and I have rights of survivorship. Bank wants to take home. Help!!

    Answered almost 2 years ago.

    1. Doris Jordan Wiggen
    2. Cheryl K. David
    2 lawyer answers

    If you have continued making the payments on the property, the bank cannot foreclose on the property just because your father passed away. Banks will sometimes try to call the loan due at the borrower's death under the "due on sale" clause of the mortgage. However, federal law specifically prohibits banks from doing this when the property is transferred due to death. The bank should allow you to assume the loan. If you do not make the payments, the bank can foreclose for lack of payment....

    5 lawyers agreed with this answer

  2. My wifes parents have both passed. The will states that any assest will be divided equal to the four siblings. My wife has been

    Answered about 2 years ago.

    1. Cheryl K. David
    2. Doris Jordan Wiggen
    3. Zachary B Setzer
    4. James P. Frederick
    5. Marsha L. Hunter
    5 lawyer answers

    Your wife's sister may be confused by the terms of the will. For example, if the will states, "to my surviving children in equal shares" this would give each of the children living at the time of their parent's death an equal share of the property. The children only need to be living at the time of the parent's death, not at the time the estate is settled. In some instances, the will may state that the beneficiaries must survive the testator by a certain period of time. If that is the case,...

    4 lawyers agreed with this answer

  3. Am I responsible for father's unpaid income taxes? There is no will.

    Answered about 2 years ago.

    1. Sabrina Winters
    2. Cheryl K. David
    3. Doris Jordan Wiggen
    4. James P. Frederick
    5. Christopher Michael Larson
    5 lawyer answers

    You should not distribute any of your father-in-law's assets until you have an opportunity to meet with a probate attorney in New York. While you normally would not be personally liable for his unpaid taxes, you could be liable if you distribute assets from his estate that should have been paid to his creditors. A New York probate attorney can instruct you as to which assets are subject to your father-in-law's creditors and explain the responsibilities you will have as administrator of his estate.

    4 lawyers agreed with this answer

  4. I live in NC but need estate planning advice for my parents, who live in SC. Do I have to find a SC lawyer?

    Answered about 2 years ago.

    1. Sabrina Winters
    2. Cheryl K. David
    3. Doris Jordan Wiggen
    4. Leigh Anne Timiney
    5. David L. Carrier
    5 lawyer answers

    I recommend that your parents meet with an attorney in South Carolina to determine if an irrevocable trust would be appropriate. Although the VA Aid and Attendance Pension is a federal benefit, Medicaid laws are state specific. Transfers to an irrevocable trust will be subject to a five year look back period for Medicaid, so it is important that your parents meet with an attorney familiar with both VA benefits and the Medicaid laws in their home state to determine an appropriate plan.

    4 lawyers agreed with this answer

  5. Medicaid

    Answered over 2 years ago.

    1. Doris Jordan Wiggen
    2. Cheryl K. David
    3. David L. Carrier
    3 lawyer answers

    I highly recommend your mother-in-law speak with an elder law attorney in her area to see what options may be available to help with nursing home costs. As the surviving spouse of a wartime veteran, your mother-in-law may be eligible for some assistance through the VA. Eligible surviving spouses may be entitled to up to $1,094.00 per month to help pay for health care costs. However, if your mother-in-law needs nursing home care, that may not be enough to fully cover her care. If she is...

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  6. My wife died suddenly without a will do I as her husband become the beneficiary?

    Answered over 1 year ago.

    1. Doris Jordan Wiggen
    2. Sarah Faith White
    3. Joseph Michael Pankowski Jr
    3 lawyer answers

    I'm so sorry to hear about your wife's passing. In North Carolina, when someone dies without a will, the spouse and children share in the estate. When the decedent has two or more children, the spouse will receive 1/3 of any real estate owned by the decedent. The children will receive the other 2/3 of the real estate. In addition, the spouse receives the first $60,000 in personal property plus 1/3 of the remaining personal property. However, depending on how the property is titled, you may...

    3 lawyers agreed with this answer

  7. To avoid making a will public can a simple trust be used and upon death the trust abides by the content of the will.

    Answered about 2 years ago.

    1. Cheryl K. David
    2. Doris Jordan Wiggen
    3. Steven J. Fromm
    4. James P. Frederick
    4 lawyer answers

    A trust can be used to avoid a public administration. The trust would state who the property should go to at death and the Trustee would follow the terms of the trust to divide the property once the trustmaker has passed away. It is very important that the assets be transferred to the trust during the trustmaker's lifetime in order to avoid probate. To transfer a house to the trust, your attorney would prepare a new deed to the Trustee. To transfer a car to the trust, you would sign the...

    3 lawyers agreed with this answer

  8. In the state of North Carolina, if a husband and wife sign a deed of trust on a property, is that considered joint ownership?

    Answered over 2 years ago.

    1. Doris Jordan Wiggen
    2. Sherrille Diane Akin
    2 lawyer answers

    In North Carolina a Deed of Trust is used to pledge real property to secure a loan. If your dad purchased real estate in his sole name and borrowed money to purchase the property, the lender may have required your mom's signature on the deed of trust in order to ensure that your mother's marital interest in the property did not take priority over the lender's secured interest. The fact that your mother signed the deed of trust does not by itself give your mother an interest in the property....

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  9. Do I need a family law attorney?

    Answered over 1 year ago.

    1. Doris Jordan Wiggen
    2. James P. Frederick
    3. Ruth Elaine McMahon
    4. Kelly Scott Davis
    4 lawyer answers

    If social services has been appointed interim guardian it does not automatically revoke a durable power of attorney. However, a court appointed guardian can revoke or amend a power of attorney. You should contact the clerk's office in the county where the couple lives to find out when the incompetency hearing will be held. In addition, the clerk's office can tell you who the guardian ad litem is. The guardian ad litem is an attorney appointed for the person who is the subject of the...

    2 lawyers agreed with this answer

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  10. Just got a Medicaid lien for my fatherinlaw who passed 04/2010. There are no assets. What to do?

    Answered about 2 years ago.

    1. Doris Jordan Wiggen
    2. Cheryl K. David
    3. Lawrence A Friedman
    4. David L. Carrier
    5. James P. Frederick
    5 lawyer answers

    I recommend that you meet with an elder law attorney as soon as possible to review the claim you received from Medicaid. If your father-in-law owned any real estate at his death, it is possible that although you did not have to administer an estate, there were assets that Medicaid could seek recovery from. There are certain instances where estate recovery can be waived. An elder law attorney who is familiar with medicaid estate recovery can assist you in determining if the claim should be waived.

    2 lawyers agreed with this answer