Doris Jordan Wiggen’s Answers

Doris Jordan Wiggen

Chapel Hill Wills and Living Wills Lawyer.

Contributor Level 8
  1. Beneficiary rights? Do I have any if something doesn't seem right?

    Answered over 2 years ago.

    1. Charles Adam Shultz
    2. Paul A. Smolinski
    3. Doris Jordan Wiggen
    4. Steven J. Fromm
    4 lawyer answers

    I would recommend you meet with an attorney. You mentioned that the estate has been opened and has been in the process of administration for a year now. If that is the case, there should be paperwork and accountings filed with the Clerk of Court. I see that you are in Cary. Was the Decedent a resident of Wake County? If so, the Wake County Clerk of Court will have any information that has been filed in the estate. This information is public record. An attorney can help you review the...

  2. Property left by father being claimed by aunt due to right of survivorship

    Answered over 2 years ago.

    1. Cheryl K. David
    2. Doris Jordan Wiggen
    3. Steven J. Fromm
    4. Sonya F. Mittelman
    4 lawyer answers

    If the property in Florida is deeded in both your dad and his sister's name as joint tenants with the right of survivorship, then your aunt is correct and the property passed to her at his death. However, it could be titled in both of their names as tenants-in-common, in which case the property may pass pursuant to your dad's estate plan. I recommend that you have the deed and trust reviewed by an estate planning attorney to determine if you have any rights in the property.

  3. How do I become the beneficiary of my son's estate

    Answered over 2 years ago.

    1. Cheryl K. David
    2. Doris Jordan Wiggen
    3. Martin L Bearg
    4. Steven J. Fromm
    4 lawyer answers

    I am so sorry to hear about your son. In North Carolina, if someone dies without a spouse or children, the property passes to his or her parents if they are still living. If your son's dad is still living, both you and he would be beneficiaries of your son's estate. You both have the right to administer your son's estate. Therefore, your son's dad may have to sign something that states he does not wish to administer the estate. You will need to go to the estates division of the...

  4. Can land given as gift be taken away by nursing home if giver dies with bills owed?

    Answered over 3 years ago.

    1. Gregory J. Brewer
    2. Doris Jordan Wiggen
    3. Geraldine Anne Brown
    3 lawyer answers

    In North Carolina, there is a five year look back period for transfers of assets. If your aunt moves into a nursing home she can always pay privately for her care and the gift would not matter. However, if your aunt does not have enough income and assets to pay for her care, she may need to apply for medicaid to help pay the nursing home bill. When someone applies for medicaid, the Department of Social Services will look back five years to see if she made any transfers of her property. For...

  5. My friends spouse died and she is trying to settle his finances. She is willing to pay 1/2 of a debt. What kind of form shoul

    Answered over 3 years ago.

    1. Doris Jordan Wiggen
    2. Steven J. Fromm
    2 lawyer answers

    I agree with Steve, your friend may not be legally responsible to pay her husband's debt. If she is not personally responsible for the debt, it would be paid out of the assets of his estate. Your friend is entitled to a Spousal Allowance from her husband's assets which would be paid to her before debts are satisfied. She should meet with an attorney in North Carolina to find out what her rights are before she pays any debts.

  6. My father is in Assisted Living. Can he give me $9,000 to put away to pay bills so he can apply for medicaid?

    Answered over 3 years ago.

    1. Doris Jordan Wiggen
    2. Cheryl K. David
    3. Lonnie K McDowell
    3 lawyer answers

    Under North Carolina law, if your dad makes a gift of property in the five years prior to an application for medicaid, he will not be able to receive medicaid for a period of time (the sanction period). The sanction period is equal to one month for every $5,500 that your dad gave away. The sanction period does not begin until your dad has already spent his assets down to the allowable amount and is in need of medicaid to pay for his long-term care needs. According to your question, your dad...

  7. I am re-marrying shortly but I want my children to have my home and anything else I solely own. Is that possible.

    Answered over 3 years ago.

    1. Doris Jordan Wiggen
    2. Gregory Herman-Giddens
    3. Cheryl K. David
    4. Christopher John Lane
    5. Jonathan Scott Connor
    5 lawyer answers

    In order to make sure your wishes are carried out you should prepare a will or trust that leaves the property to your children. If you do not have a will, your husband will have a right to part of your property under North Carolina's intestate succession laws. In addition, even if your will does not leave property to your husband, he will have the right to elect against your will. This gives him a share of your property at death even if you did not leave any property to him. To avoid this,...

  8. Do i have to accept a house that became mine after my mothers passing?

    Answered over 3 years ago.

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

    If you have not already accepted the property, you can disclaim the property. In order to make sure the value of the property is not included in your estate, you must follow these guidelines: 1. The disclaimer must be made in writing and signed by you. 2. The disclaimer must identify the property, or interest in property that is being disclaimed. 3. The disclaimer must be delivered, in writing, to the executor or administrator of your mother's estate. 4. The disclaimer must be written less...

  9. What will happen to my dads assetts?

    Answered almost 4 years ago.

    1. Doris Jordan Wiggen
    2. Charles F. Colombo
    2 lawyer answers

    If your dad did not have a will than all property that was in his sole name will pass by intestate succession. Every state has laws about who receives property at death when there is no will. These laws can be different from state to state. You need to speak with a lawyer who practices in the areas of probate or estate administration in Virginia since that is where your father lived. If the house was titled in both your dad's name and his wife's name as joint tenants with right of...

  10. How can I find out if I stand to inherit anything from my deceased father's will?

    Answered about 4 years ago.

    1. Doris Jordan Wiggen
    2. Glenn A Jarrett
    3. David A Barra
    3 lawyer answers

    You should be able to get a copy of the will from the estates office in the county where your father was living at the time of his death. In order to probate your dad's will, your siblings or his partner would need to file the will in the estates office. This information is public record.