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Sabrina Winters
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Sabrina Winters’s Answers

64 total


  • Can i contest last will and testament of my father?

    In my fathers will it states "Second: I make no provision for my son, ____ __. ___, in this, my Last Will and Testament." My brother was apointed personal representative, and trustee of any trust created by this will. He sent me a paper to sign...

    Sabrina’s Answer

    Do not sign it without first consulting with an estate planning attorney. There are consequences as a result of signing that you should be fully explained before signing.

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  • Do I have to pay the estate back of a heir of the estate dies and I borrow money to cremate her?

    I borrowed money from our estate with permission from all the other heirs to cremate one of the heirs to the same estate. Our family did not have the money to cremate her because it was an unexpected death. Do I have to pay it back?

    Sabrina’s Answer

    Was there a Will? If so, you need to look at the Will to see if the Will references the payment of funeral expenses, etc. The language may be similar to: I direct that the expenses of my last illness and funeral...be paid out of my residuary estate. Generally speaking it should be ok. These payments will need to be noted on any accounts that are filed with the Court and ultimately the Court will need to approve it. I would meet with your local probate attorney to make certain that whatever you have done with and continue to do with the assets in the estate follow the statutory requirements of North Carolina.

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  • What are the steps for applying to become the administrator of an estate as next of kin when there is no will?

    what are the steps for applying to become the administrator of an estate when you are next of kin and there is no will? there are two of us, my sister and i. she lives in maryland and is fine with me administering the estate of our mother. there i...

    Sabrina’s Answer

    Since you are siblings you are both eligible to be the administrator. Since your sister would rather have you handle the estate alone she will need to sign a document indicating that. There are a few additional forms in a probate that need to be signed, notarized and filed with the Clerk of Court in the County where she passed in order for you to have authority to collect the assets and distribute. You will also need to present to the Clerk an original death certificate.

    Having said that, you did not mention that there are any other assets that would need to be distributed, other than her share of the home. Real property is treated differently than personal property in North Carolina and you may not need to have a full probate with the Court.

    Before proceeding I would call a probate attorney in your area to verify the specific requirements for your mother's estate.

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  • Person A's will names Person B as sole beneficiary. If Person B dies before Person A, what happens?

    Person A has no children and no spouse. Person B is her brother and only remaining sibling. He does have children and a wife. He is under the impression that if he dies first then his heirs inherit what he was supposed to inherit.

    Sabrina’s Answer

    In order to properly answer that question we need to first look at what the Will says. The Will may name another person or charity to receive if the primary beneficiary dies before the Testator...the person who made the Will and is now deceased. The Will may also state that it would pass via intestacy law and in that case North Carolina statutes dictate whom is to receive. A probate attorney will be able to guide you through this and tell you who is to receive and what steps to take next.

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  • My boyfriend died in chicago in 1982 an attorney said i was benificiary but i dont know what company it was with.

    is it still out there somewhere he worked for a radio station in ghicago

    Sabrina’s Answer

    Unfortunately, this is probably not going to be an easy task. I would contact an attorney in the Chicago area to assist you in determining whether an estate was ever opened first. In my opinion that would be the first thing I would need and want to know. Depending on the outcome, the attorney should be able to offer you some suggestions on what to do next.

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  • My name is on the deed to my father's house. If he enters a nursing home, can the house be taken?

    My name was added to the deed to my father's house in 2002. My family lives in the house, he hasn't lived here since 2003. He has a second mortgage on this house in his name only. I'm worried that I could lose the house if he goes to a nursing ho...

    Sabrina’s Answer

    Your first and only step right now needs to be calling an attorney who is experienced with not only estate planning but also the medicaid rules and regulations and how to properly plan. Everything you do associated with the ownership of the property and or any other extension of that property will be scrutinized by Medicaid when and if an application is made. You do not want to do anything that will cause dad to become disqualified if he goes to a nursing home and needs assets to pay or cause him a penalty period.

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  • Does anyone know how to do a special needs trust?

    I am in NC and I want to fund the special needs trusts with a life insurance policy. I am going to seek an attorney in the future, but what are the steps in forming a special needs trust?

    Sabrina’s Answer

    Creating a special needs trust is a complicated matter, as my colleague points out. Depending on which type of Trust it is the language needs to be properly drafted otherwise it may not protect the beneficiary properly. There are several questions that need to be answered prior to determining which type is appropriate. I would strongly advise that you contact an attorney licensed in North Carolina to get the proper guidance before moving forward.

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  • My freinds husband died and she wants to give me his car which is still in his name.she was left the car in his will,

    her daughter has gotten power of attourny and is giving me the run around about it.

    Sabrina’s Answer

    Do you have more details? What is the value of the estate? As a general procedural matter a vehicle needs a certain court document to be issued so that the DMV can legally transfer the title to your friend first (since she was left the car via the Will). Once the title is in her name she can do what she wishes with it. She will need the title, blue book value print out and a death certificate to get that document from the Clerk. Having said that, all the other details of the estate are important as these details will affect how his estate will be handled, including the vehicle. Your friend should call an estate planning/probate attorney to discuss the estate in detail (before doing anything with the car) so he or she can advise her regarding her specific situation.

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  • What do you do when someone withholds a will from you for 11yrs and you are just now finding out that you are in it? Can I sue?

    I just found out that one of my aunts had been keeping a will from me for 11yrs and the only reason she told me was because she is being sued. My questions to you are the following: What actions should I take? Can I sue her for keeping that from m...

    Sabrina’s Answer

    I would first get in touch with the Clerk's office in the County where the person died. You need to find out whether an estate was opened. If there was and your aunt declared that there was no Will, then you one set of procedures to follow. If there was not an estate open, then you have other options. Either way, once you have the answer to this, then I would contact a local probate attorney to discuss this further.

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  • If my dad is in a mental hospital how do I become his Power of Attorney

    he been in there for years at time

    Sabrina’s Answer

    Your father has to give you the authority to act as his power of attorney. If he is institutionalized he may lack the capacity to be able to do so. If so, there is a procedure via the Court system to obtain a guardianship of his person. This would essentially allow you to make decisions for him through Court authority. You should consult with an attorney about your specific situation and dad's needs so you can learn what options are available.

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