Sabrina Winters’s Answers

Sabrina Winters

Charlotte Estate Planning Attorney.

Contributor Level 11
  1. When an executor of an estate is named in a will. does the will still have to go through probate?

    Answered almost 2 years ago.

    1. Sabrina Winters
    2. Cheryl K. David
    3. Abraham Thomas Schwager
    3 lawyer answers

    You will need to share additional information to get a proper answer on not whether a probate should be filed, but what type. What assets were owned by the decedent? How were they owned? Were there beneficiaries on any assets? Was there real property involved? In order for a financial institution to speak to anyone who is not named on an account, they will need to see authority from the Clerk of Court appointing someone as the fiduciary of the estate...which means you would have to file a...

    3 lawyers agreed with this answer

  2. How many witnesses are needed for a Durable Power of Attorney in the state of North Carolina?

    Answered almost 2 years ago.

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

    The North Carolina statutes do not require at this time any witnesses to a Durable Power of Attorney. However, many attorneys will include two witnesses as well as a notary to the witnesses as a matter of practice. It helps to make the document portable to another state should the maker move to a state that requires two witnesses.

    3 lawyers agreed with this answer

  3. If someone dies and your the beneficiary of an account when can you get it out or does it have to go into the estates

    Answered about 2 years ago.

    1. Sabrina Winters
    2. Tanner Woods Pittman
    3. Cheryl K. David
    4. Steven J. Fromm
    4 lawyer answers

    In general, if there is an asset that has a person named as a beneficiary (such as a CD for example) all that would be needed is a certified death certificate to get the process started...to transfer it to the named beneficiary. I would be careful in cashing in a CD early; you may run the risk of losing the interest that has been accrued. Of course, each estate is different from the next and each institution has its own rules and regulations. You may want to just run all the details of the...

    3 lawyers agreed with this answer

  4. What happens to property if not specified in a will?

    Answered over 2 years ago.

    1. Sabrina Winters
    2. Frank A Selden
    3. Cynthia L Miller
    3 lawyer answers

    You have received some sound advice. The only thing I would add is to check the register of deeds in the County where the house is located to see whether the decedent made any changes to the ownership prior to death. This is probably a long shot. If the deed is still in the decedent's name then more than likely the home will pass to whomever is named in the Will. I would certainly have an experienced probate attorney read the Will, just in case there may be language in the Will to the contrary.

    3 lawyers agreed with this answer

  5. What happens to heirs property when one of the heirs dies? Are the deceased heir's children now entitled to her portion?

    Answered over 2 years ago.

    1. Sabrina Winters
    2. Maria C Schmidlkofer
    3. Robert Louis Feliciani III
    4 lawyer answers

    Some information which I think would need to be known first was not within your question...and some clarification of what your actual question is may need to be expanded on. So, let me just say that there are no known heirs until someone dies. Was there a Will? Did the person you are inheriting from die before or after the heir? This makes a big difference. If the person whom you are inheriting from died first, then we need to look at the language in the Will or if there was no Will, then...

    3 lawyers agreed with this answer

  6. A friends only child is dieing. Her husband is gone & has no other relatives living. Shes 80 & owns her home. What should she do

    Answered 6 months ago.

    1. Sabrina Winters
    2. Steven M Zelinger
    3. Drew Norman Early
    4. Michael Leo Potter
    4 lawyer answers

    I am sorry to hear that about your friend and her child. You are correct; I would recommend that she speak to an attorney with experience in Estate Planning. It is that attorney's job to discuss with your friend what her options are and create an Estate Plan that reflects her needs and wishes. Explain to her that without putting her wishes in writing her estate could end up being distributed according to who North Carolina says should receive it...pursuant to North Carolina Statutes. If it...

    2 lawyers agreed with this answer

  7. If there is no will for my step dad and my mother passes away after him, who inherits the property? He has siblings- no kids.

    Answered about 1 year ago.

    1. Sabrina Winters
    2. Gary Todd Dupler
    3. Celia R Reed
    3 lawyer answers

    I am sorry for the passing of your step father and mother. Unfortunately, there is no way that your question can be answered without more specific information. How were his assets titled? How were mom's assets titled? What were their assets? You may need to probate your step father's estate as well as your mother's estate to properly pass along the assets. I would suggest you call an experienced estate planning/probate attorney to discuss this matter. The only way you can obtain the answers...

    2 lawyers agreed with this answer

  8. Where can I obtain an Apostille?

    Answered about 1 year ago.

    1. Sabrina Winters
    2. Celia R Reed
    3. James P. Frederick
    3 lawyer answers

    I have had to obtain one for an Italian client needing to give a power of attorney to a family member to close on his home in Italy. The Apostilles are issued by the Secretary of State. Here is the link for further information...http://www.secretary.state.nc.us/authen/aposinfo.aspx

    2 lawyers agreed with this answer

  9. How does a mother legally disinherit a daughter and a son and keep them from attending her funeral after she dies?

    Answered over 1 year ago.

    1. Sabrina Winters
    2. Cheryl K. David
    2 lawyer answers

    In North Carolina individuals are permitted to disinherit children. In order to do this you should have a Will or Revocable Living Trust which dictates to who your estate is to pass. If done properly your children will not inherit. I recommend adding a statement to your documents that disinherits your children and be as specific as possible in your wording. If you do not put it in writing, pursuant to North Carolina statute along with your beneficiary designations on your assets, may cause...

    2 lawyers agreed with this answer

  10. Can anyone help??

    Answered over 2 years ago.

    1. Sabrina Winters
    2. Lance Darrin Like
    3. Mitchell Allan Port
    3 lawyer answers

    You mentioned lawyer and settlement. Not certain who the lawyer represents here. Is s/he representing your father's estate? Do you have an attorney personally? What paperwork are you referring to specifically? Not really sure the attorney is permitted to "send the checks back to the company". However, if you can provide more details on the matter the attorneys here will be able to provide you with more appropriate responses and guidance.

    2 lawyers agreed with this answer

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