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Sabrina Winters
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Sabrina Winters’s Answers

64 total


  • Have a question regarding money put into an account after a death.

    Social Security direct deposited the monthly amount into my mothers account after she died before they knew. Since she died before the end of one month. Social Security has not retracted that money. Legally can I just write them a check to give i...

    Sabrina’s Answer

    The social security payment that is paid is payment for the preceding month. The recipient must survive the entire preceding month for the payment not to have to be returned. For example, if someone died June 3rd then the July payment will need to be returned because the decedent died prior to the end of June.

    If the payment is made electronically, Social Security will take back the payment electronically. If you pay by check you are running the risk that you may actually be paying double back. A phone call to Social Security will confirm your next steps.

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  • If I put my house in a living trust, can I be required to sell it to pay nursing home expenses? Thanks!

    My modest home is the main asset that I have to leave to my children. I am concerned that I might have to sell it should I need nursing home care at some point. I have enough money coming in each month from my Social Security and Retirement ch...

    Sabrina’s Answer

    A Living Trust does not protect your assets in any way from creditors. You need an Elder Law attorney to evaluate your assets and income and marital status to determine what the best plan is for your personal situation. This plan may include numerous options. Medicaid planning is very complex to handle it without the assistance of an Elder Law Attorney.

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  • Looking for attny in charlotte nc, 28269 for protection of assets if husband or wife gets sick. house, investments, bank acct.

    husband and wife retired, update wills need phone contact number.

    Sabrina’s Answer

    If you search avvo.com you will find many qualified attorneys to assist you with your needs in your area. Do your due diligence on whom you think your best choice is before you call. AVVO.COM is a good place to start your search. You are welcome to read more about my services; a link has been provided for you.

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  • Passing on mineral rights to heirs.

    Deeds in OK heirs live in NC

    Sabrina’s Answer

    • Selected as best answer

    If you are asking how to pass on the ownership rights of the OK deeded mineral rights, it depends on the statutes of OK. Who gets it depends on whether there was a Will or not.

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  • Who inherits my home upon my death ?

    no kids

    Sabrina’s Answer

    You will need to share more details. It depends on how the home is currently owned. I know you said you owned it, but do you own it alone? And, it is also important to know whether you have any Estate Planning documents in place such as a Will or Trust.

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

    Interested in guiding her in what she should do regarding her property & will. I know the answer will be to see a lawyer but I thought if I could prep her for the meeting, it would be beneficial.

    Sabrina’s Answer

    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 is important to her to dictate who receives what and when and discuss other issues, getting it in writing now is important.

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

    My lawyer copy and pasted my will from another will and changed terms to fit my needs then charged me $200. Is that fair? It took him like 30 minutes.

    Sabrina’s Answer

    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!

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  • 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?

    I know that a witness can't be an heir. Who gets the original will and who gets a copy? Thank you.

    Sabrina’s Answer

    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.

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  • I just learned that my mother and I have unclaimed property in the state of NC. What does Misc Outstanding Checks mean?

    The paper work gives us a property ID # and the holder name being Salem Underwriters LLC. But the property type is listed as Misc Outstanding Checks. I just need to know what that means

    Sabrina’s Answer

    What paperwork did you receive? Was it from Salem Underwriters, LLC? I did a search on the Secretary of State website in North Carolina for that name and the only one that came up was an Inc. classified as legal. In general, if property has been unclaimed for 7 years (I think that is the time frame) then it could have gone to the State of North Carolina for holding until it is claimed. You can check that website at https://www.nctreasurer.com/upp/Pages/default.aspx. You may also want to contact one of the attorneys on AVVO.COM to review the document so they can better assist you. Your question is sort of open ended at this time.

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  • Receiving proceeds from real estate left to me in my father's will

    I am a beneficiary in my father's will for the real estate property he owned. The house is set to close next week, and I want to know if there is any legal reason in NC that would keep the executor (my brother) from distributing the funds at the ...

    Sabrina’s Answer

    Very generally speaking, North Carolina statutes state that real property is owned by the heir or beneficiary upon the death of the owner. In this case you are the beneficiary. Having said that, real property can be brought into the estate and sold if creditor claims need to be paid and the estate assets are not sufficient to satisfy those claims. Is this the reason why the home was sold?

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