Doris Jordan Wiggen’s Answers

Doris Jordan Wiggen

Chapel Hill Wills and Living Wills Lawyer.

Contributor Level 8
  1. If there is a will leaving everything to the spouse does it need to go through probate court?

    Answered over 4 years ago.

    1. Doris Jordan Wiggen
    2. Janet Lee Brewer
    2 lawyer answers

    North Carolina does have Tenancy by the Entireties for real estate owned by spouses. At the death of one spouse, the property passes automatically to the surviving spouse. If the bank accounts are joint with right of survivorship they will pass outside of probate to the joint owner as well. As for the cars, if they are only in the name of the surviving spouse, you do not need to do anything. However, if the titles are in both spouse's names, but do not specifically state that ownership is...

  2. Medicaid Estate Recovery

    Answered over 4 years ago.

    1. Doris Jordan Wiggen
    1 lawyer answer

    Your mother should meet with an elder law attorney right away to see if she qualifies for an undue hardship claim. Depending on your mother's income level and how long she has been living in your grandfather's home, medicaid may be willing to waive the estate recovery claim. There is a time limit on submitting the claim so she should speak with an attorney as soon as possible to avoid missing the deadline.

  3. Who is responsible for State Taxes of Deceased?

    Answered over 4 years ago.

    1. Cheryl K. David
    2. Doris Jordan Wiggen
    3. Alan James Brinkmeier
    3 lawyer answers

    North Carolina law dictates who gets paid and in what order in an estate. North Carolina's general statutes are available online. The statute you need is NCGS 28A-19-6. This statute tells you the order in which you should pay claims. I am attaching a link to the specific statute for you. If you have any trouble understanding the statute and your responsibilities for paying claims of the estate, you should seek the advice of an attorney who practices in the area of estate administration and...

  4. I am a 73 yr old recently widowed and would like to gift my property to one of my children.

    Answered over 4 years ago.

    1. William A. Swendson II
    2. Doris Jordan Wiggen
    3. Susan Lynne AlexanderMyers
    3 lawyer answers

    The answer to your question is state specific and I highly recommend that you speak with an elder law attorney in your state before you transfer any property. I think you may be confusing Medicare and Medicaid. Medicare is the Federal health insurance program for Americans age 65 and older and for certain disabled Americans. Medicaid provides health care coverage for some low-income people who cannot afford it. This includes people who are eligible because they are aged, blind, or disabled or...