Sabrina Winters’s Answers

Sabrina Winters

Charlotte Estate Planning Attorney.

Contributor Level 11
  1. If my son inherits my estate from me (Will)-Is there anyway to keep his wife from getting any of it if they divorce or he dies?

    Answered almost 2 years ago.

    1. Sabrina Winters
    2. Robert Louis Feliciani III
    3. Eric James Sachtjen
    3 lawyer answers

    Yes there is. Your Will needs to have language that essentially creates a Trust at your death instead of leaving everything to him outright. Whatever your son would inherit from you would go into this Trust and it would be protected...only if the proper language is present. I would recommend having your Will reviewed by an experienced Estate Planning attorney to make certain that your wishes are put in place properly.

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  2. DOES THE DURABLE POWER OF ATTORNEY BECOME VOID UPON SOMEONES DEATH?

    Answered about 2 years ago.

    1. Cheryl K. David
    2. Sabrina Winters
    3. Michael G. Gorenflo
    4. Michael Leo Potter
    5. Joseph Franklin Pippen Jr.
    5 lawyer answers

    Yes that is correct. You will need to open an estate file to deal with her assets. You or the appropriate person will need to be appointed the fiduciary.

    11 lawyers agreed with this answer

  3. I am a 80 year old widower with 2 adult children whom I completely trust. Somewhere around a 1 M estate.

    Answered over 1 year ago.

    1. Sabrina Winters
    2. Dagmar Pollex
    3. Ruth Elaine McMahon
    4. John P Corrigan
    5. Charles Adam Shultz
    5 lawyer answers

    Each person's estate plan is based not only on their assets, but on their individual wishes, goals and concerns. Having said that, it is your estate plan. Your wishes, your concerns and your goals should be the driving force behind what type of plan is put in place. I would caution you in making certain the attorney you ultimately seek counsel from have experience in Estate Planning, especially if he/she is suggesting an Irrevocable Trust. There are several types of Irrevocable Trust all with...

    9 lawyers agreed with this answer

  4. My mother in law is the sole beneficiary and executor of her brothers estate. Can she distribute the estate to other heirs?

    Answered about 1 year ago.

    1. Sabrina Winters
    2. Joseph Franklin Pippen Jr.
    3. Charles Adam Shultz
    4. James P. Frederick
    4 lawyer answers

    It appears from the language that you are using that your mother in law's brother had a Will. If that is the case, then your mother in law will need to probate the Will in order to be appointed the Executor to manage the estate. If he did not have a Will, then someone will still need to probate the estate in order to properly be appointed. Then the distribution of the estate will pass according to North Carolina statutes. If there is a will, once the estate is opened and she is...

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. I intend to use my sister as my executor of my will and her son as contingent. Do they need to be present when I sign?

    Answered 12 months ago.

    1. Jennifer Elaine Dalman
    2. C. Adam Barrington III
    3. Sabrina Winters
    4. Charles Adam Shultz
    4 lawyer answers

    No, the Executor as well as the Successor Executor that you appoint do not need to be present when you sign. Not even your beneficiaries need to be present. I would suggest, however, that you speak with your sister and your nephew first to make certain that they are willing and able to take on the responsibilities when the time comes.

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. My mother died and purposely left me out of her will. However, my name is listed on one of her life insurance policies.

    Answered almost 2 years ago.

    1. Sabrina Winters
    2. Cheryl K. David
    3. Joseph Franklin Pippen Jr.
    3 lawyer answers

    Assets that have a named beneficiary pass outside of the Will. This means, that regardless of what mom's will says, you would be entitled to the life insurance proceeds. If your sister has been appointed the Executor by the Clerk's office she would have been required to list any and all assets that were in mom's name at her death on the Application. Although the Probate Court does not control assets with named beneficiaries or joint with rights of survivorship, an Executor is required to list...

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  7. Dad is leaving everything to me and my 3 siblings equally, but should there be an official executor of his Will??

    Answered over 1 year ago.

    1. Ruth Elaine McMahon
    2. Sabrina Winters
    3. James P. Frederick
    3 lawyer answers

    As a general rule, if someone has a named beneficiary on an asset, that asset would pass directly to the person named as the beneficiary. A Will does not need to be probated for that purpose. Having said that, naming beneficiaries on assets as a planning strategy is a risky way to plan an estate. What happens if one of those beneficiaries dies? That asset now becomes an asset that needs to be probated so that it can legally pass to someone. This is where the Will is required that names...

    5 lawyers agreed with this answer

  8. Mother going to nursing home.dss says dad can only protect 113000 of his 270000 in assets. can he be helped to protect more of h

    Answered over 1 year ago.

    1. Sabrina Winters
    2. Michael A Kirtland
    3. Karla B Levinson
    4. Douglass S Lodmell
    4 lawyer answers

    The only way you can be certain what can be protected and how much, is to speak with a qualified Estate Planning attorney that has experience with Medicaid Planning. There are numerous ways in which to protect assets that are permitted and other ways that will cause a penalty period where Mom will be required to privately pay. I would not delay in contacting an attorney soon. To prepare I would start to gather all Mom and Dad's asset information (how each is owned, value, beneficiary...

    5 lawyers agreed with this answer

  9. DOES AN ATTORNEY HAVE THE RIGHT TO WITHHOLD INFORNATION REGARDING AN INHERITANCE.

    Answered over 2 years ago.

    1. Sabrina Winters
    2. Robert Louis Feliciani III
    3. J Charles Ferrari
    3 lawyer answers

    First off, you are permitted to hire an attorney to represent you if you are a beneficiary of an estate. It seems as though this may be a good option for you since the attorney currently handling the estate may not be cooperating with you in the manner you expect her to. You will probably have to pay out of pocket. Secondly, you need to consider opening an estate for your mother since she has passed and because she was the beneficiary of an estate. Finally, are you 100% certain that you and...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. My lawyer copy and pasted my will from another will and changed terms then charged me $200. Is that fair?

    Answered 12 months ago.

    1. Sarah Jessica Farber
    2. Joseph Franklin Pippen Jr.
    3. Sabrina Winters
    4. Charles Adam Shultz
    5. John P Corrigan
    6. ···
    6 lawyer answers

    Most attorneys that are experienced with Estate Planning, and don't just dabble in it, would never prepare a will in that manner. May I ask you how you know that he copied and pasted from another person's will? If I were you I would not feel comfortable in that document and would absolutely seek the assistance of an experienced estate attorney that can prepare a proper document for you...ASAP!

    4 lawyers agreed with this answer

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