My wife died suddenly without a will do I as her husband become the beneficiary?: I have 2 stepdaughters one is 22 the other is 11, who stay with their grandmother, what are they entitled to?
Doris’s answer: I'm so sorry to hear about your wife's passing. In North Carolina, when someone dies without a will, the spouse and children share in the estate. When the decedent has two or more children, the spouse will receive 1/3 of any real estate owned by the decedent. The children will receive the other 2/3 of the real estate. In addition, the spouse receives the first $60,000 in personal property plus 1/3 of the remaining personal property. However, depending on how the property is titled, you may receive all of the property. For example, if you and your wife owned your home as tenancy by the entireties, the home would belong 100% to you at your wife's death. I would suggest you meet with an attorney that handles probate and estate administration cases to review the property your wife owned at death and help you determine what property will pass to you and if any property will be shared with your wife's children.
Do I need a family law attorney?: 98 and 90 y/o couple, long standing family friends that live in Tryon want to come live in assisted living in Ohio to be with family and friends. Adult Social Services said they have interim guardianship over them until he can be deemed incompetent. He lives at his home and she lives in nursing facility after having a heart attack. He signed legal documents which we had notorized giving me power of attorney over them so that I could move them to Ohio. Social Services said it is null and void since they have interim guardianship. How can they stop 2 people from living the end of their lives the way that they want.
Doris’s answer: If social services has been appointed interim guardian it does not automatically revoke a durable power of attorney. However, a court appointed guardian can revoke or amend a power of attorney. You should contact the clerk's office in the county where the couple lives to find out when the incompetency hearing will be held. In addition, the clerk's office can tell you who the guardian ad litem is. The guardian ad litem is an attorney appointed for the person who is the subject of the incompetency proceeding. The guardian ad litem's job is to make recommendations to the court based on what is in the best interest of that person. If the clerk determines that the person is incompetent, he or she will appoint a guardian. Preference is given to individuals over public agents (such as DSS) if there is an appropriate individual who is capable of serving. I highly recommend that you meet with an elder law attorney as soon as possible and attend the incompetency hearing.
My father willed a car to me worth $10,000. My brother-in-law (the executor of my father's estate) sold the car to his mother f: My father willed a car to me worth $10,000. My brother-in-law (the executor of my father's estate) sold the car to his mother for $4000, and gave me nothing. Is that legal?
Doris’s answer: If your father left you the car in his will, then the executor should not have sold the car to someone else. The executor is under a fiduciary duty to follow the terms of the will and can be held liable for failure to follow that duty. You should meet with an attorney to discuss your options.