Mark O. Costley’s Answers

Mark O. Costley

Durham Estate Planning Attorney.

Contributor Level 6
  1. As administrator of my parents estate, do I have the power to evict my brother who they gave permission to live there in the wil

    Answered over 1 year ago.

    1. Mark O. Costley
    2. Michael S. Haber
    3. Cheryl K. David
    3 lawyer answers

    The answer to your question depends on information that you have not given in your question. I think the answer to you question depends on the details of the language in the Will under which your brother was given permission to live in the house. A lawyer could review the Will and determine the nature of any right your brother has (is this a life estate, a trust arrangement, and who else might own the house) and who, if anyone your brother answers to. In North Carolina, if there is a clear...

    3 lawyers agreed with this answer

  2. Do i need to hire a lawyer for abuse of power of attorney?

    Answered about 3 years ago.

    1. Mark O. Costley
    2. Sabrina Winters
    2 lawyer answers

    I agree that you should hire an attorney and that you should do so as quickly as possible in order to determine and document the facts. Filing a civil action against your sister should allow you access to copies of bank records which would document these transfers and perhaps provide some insight into other dealings of your sister on your mother's behalf, which might explain her conduct. If you sister was also the Executor of your mother's estate, she might also have violated obligations as...

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  3. I'm single with a minor child. I want to create a trust for life insurance purposes. Should I create an Irrevocable Trust?

    Answered over 1 year ago.

    1. Steven M Zelinger
    2. Mark O. Costley
    3. Larry J. Ford
    4. Charles Adam Shultz
    4 lawyer answers

    I agree with others that you should consult with an experienced attorney to determine your needs. I would add that as important as the question regarding a revocable versus irrevocable trust is, you should also ask an attorney about how your child should receive the insurance proceeds after your death. Because you child is a minor, they should almost certainly receive the proceeds in trust, likely a subtrust under the same Trust Agreement. But there are further questions. When, if at all,...

    2 lawyers agreed with this answer

  4. My brother made a Will in 1992 - is this Will too old and expired - this is the only Will. Also, can relatives not mentioned

    Answered about 3 years ago.

    1. Sabrina Winters
    2. Cheryl K. David
    3. Mark O. Costley
    3 lawyer answers

    Age alone cannot cause a Will to expire or be invalidated. To be a beneficiary under a Will a person does not have to be specifically named if they are within a class of people named -- such as "my siblings, my children, or my nieces". Also, it may be that your brother had assets that were not controlled by his Will. I encourage you to hire a lawyer to look into the validity of the Will as well.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  5. As Executor and beneficiary of my Father's Estate, can I evict my Sister (barred from inheritance via Will) from his home?

    Answered over 1 year ago.

    1. Mark O. Costley
    2. James P. Frederick
    2 lawyer answers

    Actually, the answer to this question is different in North Carolina than most other states. In North Carolina, where there is a Will, the North Carolina real estate (including the home) is owned by the beneficiaries of the Will and not the estate upon the death of the owner. This means that you as Exeuctor have no authority over this home. Instead, the individual or individuals who inherit the home under the Will own it, with no action of the Estate or Exeuctor, and those beneficiaries...

    2 people marked this answer as helpful

  6. 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

    You have a great question. If the gift is outright and without any reservation of rights for you, it is a completed gift, and your daughter can do anything she wants (it is also subject to her creditors and risks of loss). If you have reserved rights, it may not be a completed gift (and might still be countable for the purposes of Medicaid qualification). I hope you will see the elder lawyer with whom you plan to consult sooner rather than later. The earlier this trusted advisor is in the...

    1 person marked this answer as helpful

  7. Do I have a chance at contesting my father's will with a stepmother involved that has ailenated each of my father's heirs?

    Answered over 2 years ago.

    1. Steven J. Fromm
    2. Mark O. Costley
    3. James Jenkins Mills
    3 lawyer answers

    I agree with Mr. Fromm. You should get a lawyer as soon as possible. The fact that your stepmother has alienated your father's family may not, in and of itself, create a basis for contesting the will. However, it is one of many factors which could be properly considered in a will contest, and where this kind of behavior exists, other relevant factors often follow. A good lawyer will be able to help define the issues and determine the facts. It may also be that the involvement of a lawyer...

  8. What should I expect next.

    Answered about 3 years ago.

    1. Mark O. Costley
    2. Michael S. Haber
    2 lawyer answers

    The answer depends upon where the property is located. If it is in North Carolina and your grandmother had a Will naming beneficiaries for the property, her share of the property was passed to the beneficiaires specified in her Will upon her death, without any further action to be taken by the Executor in the probate of the estate. In this case, and if your Uncle is correct, you own 25% of the house now. The questions for you is who owns the other 75% and whether you are in agreement as to...

  9. How can someone revoke a durable poa?

    Answered over 4 years ago.

    1. Cheryl K. David
    2. Mark O. Costley
    3. Alan James Brinkmeier
    4. Robert Michael Way
    4 lawyer answers

    I agree with Ms. David's answer and would add that she should immediately contact any institutions at which she has accounts to notify them of the revocation of the power of attorney. It might also be appropriate to consult an attorney regarding the actions of the children.

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