Sabrina Winters’s Answers
Sabrina has answered 49 questions
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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?
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...
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DOES THE DURABLE POWER OF ATTORNEY BECOME VOID UPON SOMEONES DEATH?
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.
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My mother died and purposely left me out of her will. However, my name is listed on one of her life insurance policies.
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...
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Dad is leaving everything to me and my 3 siblings equally, but should there be an official executor of his Will??
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....
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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
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...
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DOES AN ATTORNEY HAVE THE RIGHT TO WITHHOLD INFORNATION REGARDING AN INHERITANCE.
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...
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HOW MANY WITNESSES ARE REQUIRED ON DURABLE POA IN THE STATE OF NORTH CAROLINA?
There is no requirement pursuant to the North Carolina statutes that there be any witnesses on a Durable Power of Attorney. The maker's signature needs to be notarized. A HealthCare Power of...
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I live in NC but need estate planning advice for my parents, who live in SC. Do I have to find a SC lawyer?
Ms. Timiney is correct. I would just add that there are several North Carolina Estate Planning attorneys that are also licensed in South Carolina that can assist you. I would caution you making...
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Am I responsible for father's unpaid income taxes? There is no will.
You need to immediately contact a probate attorney in New York to advise you on this. You personally are not responsible, but his estate is. The IRS usually is in most states at the top of the list...
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My brother made a Will in 1992 - is this Will too old and expired - this is the only Will. Also, can relatives not mentioned
The probate court in the County in which the decedent lived is the final decision maker on whether it is valid. There are fairly simple requirements in order to validate it and ultimately probate...
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