Doris Jordan Wiggen’s Answers

Doris Jordan Wiggen

Chapel Hill Wills and Living Wills Lawyer.

Contributor Level 8
  1. Once gifted for Medicaid eligibility (in 5 years), do I have a way to protect the property I gifted from being misappropriated?

    Answered over 2 years ago.

    1. Doris Jordan Wiggen
    2. Joseph M. Masiuk
    3. Mark O. Costley
    4. Timothy Edward Kalamaros
    4 lawyer answers

    Unfortunately, if you give away property you cannot control what the person who receives the gift does with that property. A gift belongs to the person that the gift is given to and they can do whatever they want with the property. There are some alternatives to outright gifts that may be safer than simply giving away your property. The property can be placed in an irrevocable trust, which can be drafted with restrictions on the use of the property. Depending on the type of asset, you may...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  2. My father willed a car to me worth $10,000. My brother-in-law (the executor of my father's estate) sold the car to his mother f

    Answered over 1 year ago.

    1. Gregory Herman-Giddens
    2. Doris Jordan Wiggen
    3. Cheryl K. David
    3 lawyer answers

    If your father left you the car in his will, then the executor should not have sold the car to someone else. The executor is under a fiduciary duty to follow the terms of the will and can be held liable for failure to follow that duty. You should meet with an attorney to discuss your options.

    1 lawyer agreed with this answer

  3. My sister and I bought a house in North Carolina six years ago. She passed away a few months later. We have a joint mortgage.

    Answered almost 2 years ago.

    1. Rachel Lea Hunter
    2. Doris Jordan Wiggen
    3. James P. Frederick
    3 lawyer answers

    The answer to your question depends on how the deed is titled. You mentioned that you and your sister both purchased the house. The deed could have been drafted so that you and your sister owned the house as joint tenants with rights of survivorship. With the right of survivorship, at your sister's death the house would pass to you 100% as the surviving joint owner. However, if the deed does not indicate that you and your sister owned the property as joint tenants with the right of...

    1 lawyer agreed with this answer

  4. My husband is deceased and his family is trying to take the house my name is on the deed of the house is the house legally mine?

    Answered about 2 years ago.

    1. Alan R. Krusch
    2. Doris Jordan Wiggen
    2 lawyer answers

    I'm so sorry you're having to go through this. You need to meet with a lawyer as soon as possible. Although your name is on the deed and the house would normally pass to you at your husband's death, his estate may have a claim for equitable distribution of the assets. Equitable distribution is the process where the court divides the property between the spouses. Under North Carolina law, a claim for equitable distribution survives the death of one of the spouses, even if the claim was...

    1 lawyer agreed with this answer

  5. My mother died without a will. there are seven siblings. I had power attorney that allowed me to distribute all of her property

    Answered over 2 years ago.

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

    I'm so sorry to hear about your mother's passing. I would suggest that you meet with an attorney to walk you through the estate administration process. You no longer have the authority to distribute your mother's property now that she has passed. The power granted in a Power of Attorney ends at death. Since your mother died without a will, her estate will need to be administered according to North Carolina's Intestate Succession Laws. The Clerk of Court will appoint someone (perhaps one of...

    1 lawyer agreed with this answer

  6. I am a 74 year old widow living in NC. Could I benefit from putting assets in an irrevocable trust?

    Answered over 2 years ago.

    1. Cheryl K. David
    2. Doris Jordan Wiggen
    3. Steven J. Fromm
    3 lawyer answers

    There are many benefits to using trusts, including the ability to avoid probate if the trust is properly funded. Probate is the process of administering your estate at your death under the supervision of the probate court. Property that is held in your trust is typically not required to be administered through the probate process. This means greater privacy for you and your beneficiaries since property passing through probate is public record. There is typically a shorter wait time for your...

    1 lawyer agreed with this answer

  7. Medicaid is terminating benefits for my mother.

    Answered over 2 years ago.

    1. Robert D. Mannor
    2. Doris Jordan Wiggen
    3. Paula Brown Sinclair
    4. Gregory Herman-Giddens
    4 lawyer answers

    It sounds like the issue has to do with the proceeds that were received from the sale of the home. In North Carolina, a life estate in real property is not counted for medicaid purposes. However, when the property was sold in 2011 your mom should have received money from the sale of the home equal to the value of her life estate. If the money she received from the sale of the home was more than $2,000 then she would no longer be eligible for medicaid. If she never received the money from...

    1 lawyer agreed with this answer

  8. Is settling with charities named in a will possible if they are receiving a substantial amount?

    Answered over 2 years ago.

    1. James Jenkins Mills
    2. Doris Jordan Wiggen
    3. Steven J. Fromm
    4. James Brian Thomas
    5. Molly Cristin Hansen
    5 lawyer answers

    There is nothing to stop you from offering the charities a settlement, but they will most likely decline your offer. If the will leaves property to the charities and there is no reason to contest the will, then they are entitled to receive that property. It is unlikely that they will give up any of the property. As the Executor of your father's will you have a fiduciary duty to all of the beneficiaries named in his will. You may want to meet with an attorney who handles estate...

    1 person marked this answer as helpful

  9. I have applied for medicaid and my parent have property in india so they denied medicaid to them so what should i do?

    Answered over 3 years ago.

    1. Allen G Drescher
    2. Doris Jordan Wiggen
    3. Teresa Kay Bowman
    4. Matthew M Luedke
    4 lawyer answers

    I am licensed in North Carolina and wanted to comment on the answers above as Medicaid rules do vary by state. An annuity may be a possibility, but it must meet certain requirements, one of which being that after your parent dies, any amounts remaining in the annuity must first be used to pay back Medicaid for any expenses the Medicaid program paid on behalf of your parent. In addition, North Carolina is not an income cap state, so you would not need to utilize an income cap trust as...

    1 person marked this answer as helpful

  10. As excuetor can i charge my sister rent for staying in parents home after they die home if going to be sold

    Answered over 2 years ago.

    1. Doris Jordan Wiggen
    2. L Christopher Arvin
    2 lawyer answers

    If you and your siblings are all beneficiaries of your parents' estate, then your sister became part owner of the house with you and your brother at your parents' death. As part owner of the house, she would have the right to stay in the house without paying rent. She may have given up that right in the papers she signed, but your question seems to indicate that she only agreed to move out on a certain date. The estate can and should be reimbursed for the housing expenses that were paid....