Sabrina Winters’s Answers

Sabrina has answered 49 questions

• 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?

  Asked by a user in Raleigh, NC - 6 months ago.

  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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  10 lawyers agreed with this answer

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

  Asked by a user in Fayetteville, NC - 8 months ago.

  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.

  10 lawyers agreed with this answer

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

  Asked by a user in Oxford, NC - 8 months ago.

  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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  3 lawyers agreed with this answer

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

  Asked by a user in Charlotte, NC - about 1 month ago.

  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....

  5 lawyers agreed with this answer

• 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

  Asked by a user in Wilmington, NC - 4 months ago.

  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...

  5 lawyers agreed with this answer

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

  Asked by a user in Fayetteville, NC - over 1 year ago.

  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...

  4 lawyers agreed with this answer

• HOW MANY WITNESSES ARE REQUIRED ON DURABLE POA IN THE STATE OF NORTH CAROLINA?

  Asked by a user in Fayetteville, NC - 9 months ago.

  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...

  4 lawyers agreed with this answer

• I live in NC but need estate planning advice for my parents, who live in SC. Do I have to find a SC lawyer?

  Asked by a user in Asheville, NC - 10 months ago.

  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...

  4 lawyers agreed with this answer

• Am I responsible for father's unpaid income taxes? There is no will.

  Asked by a user in Charlotte, NC - 10 months ago.

  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...

  4 lawyers agreed with this answer

• My brother made a Will in 1992 - is this Will too old and expired - this is the only Will. Also, can relatives not mentioned

  Asked by a user in Asheville, NC - over 1 year ago.

  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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