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Cheryl K. David

Cheryl David’s Answers

723 total

  • My friend's boy friend of 45 years had papers drawn up leaving everything to her in the event of his death.

    My friend's boy friend of 45 years had papers drawn up leaving everything to her in the event of his death. Now her son is threatening to take her home away from her that her and her boy friend ( now deceased ) has lived in for years. The son swe...

    Cheryl’s Answer

    Your friend's right to her boyfriend's house and assets depend on the validity and terms of the documents he left. When someone dies with a valid will, the will is probated through the court and the court oversees who gets what. Also, anyone, including the man you mentioned may contest the will. If this purported son has another man's name on his birth certificate, named as his father he will have a difficult time making a claim to the deceased person's property.
    Your friend needs to see a probate attorney.

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  • Can a house that is in a TRUST be sold?

    As a investor I have never purchased a house in a trust. I have a landlord who wants to sell me four houses that are in a trust. Can this be done.

    Cheryl’s Answer

    If the houses are in a revocable or living trust, typically the person in control of the trust has authority to sell all real estate owned by the trust.
    The real estate attorney will make sure that the transfer is okay when title to the property and the trust are reviewed.

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  • A parent leaves a will and other parent refuses to let one of the sons see the will but gives several items to the other.

    Parent & son are estranged. Parent has always favored one son. Deceased parent told son he was left items in his will. What is his rights as to seeing will?

    Cheryl’s Answer

    Often on the death of the first spouse a probate isn't necessary, because accounts and real estate is held jointly or accounts and policies designate the surviving spouse as a beneficiary.
    However, if your dad left any accounts in just his name or if he has assets where he didn't name a beneficiary, then mom won't be able to access the accounts without filing the will.
    Once she files the will you will have full access to see the will.
    Your other option, if a will hasn't been filed, is to open up a probate yourself, but it is time consuming and expensive. If the estate is open, the clerk could order the will to be produced.

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  • Should I setup will or trust

    I live with my mother and was made financial representative of her money by the state. I would like to setup a will or trust since I live in the home she is currently making payments on if something were to happen.Can I just make a will for her h...

    Cheryl’s Answer

    If the state made you the financial representative of your mother's money, this is known as a guardianship. All money must be used for your mother's care. Upon her death the State of NC, likely will have a lien on the equity in the house and will be able to get such money. Moreover, only your mother was able to make her will and if she was adjudged incompetent, it is too late for her to make a will or power of attorney. While it is likely too late for your mother to do any planning, please make sure you have your personal will, trust and powers of attorney done prior to incompetency. There are a lot of things which can be done to safeguard estate from being lost to end of life care, but once a guardianship is in force, very little can be done.

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  • How to keep a parent from losing evert gong in care cost

    He is in a skilled care home and the va says they will cover and then they want, medicaid say sale everything and then they will pay, what do we do?

    Cheryl’s Answer

    This has probably been said in other answers, but you need to see an Elder Law Attorney. There are often options available to keep someone from losing everything to end of life care.

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  • Property transfer from Mother's estate to daughter .Can it go to other daughter to provide income to care for her sister?

    Mom passed but daughter declared incompetent before name changed .

    Cheryl’s Answer

    Without knowing more, I'm going to answer the question in a very general fashion, assuming that your sister is legally incompetent and doesn't have a Power of Attorney.
    If daughter is legally incompetent, then likely she will need to go through a guardianship procedure. Once a guardianship is procured, the money will need to be held and used for your sister and it will not be allowed to go to you.

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  • My son just passed away from a motorcycle wreck. I gave him a little land to put a single wide trailer on.

    He has never been married, but has two little girls. Can his land be taken to pay the hospital & doctor bills? He had no will.

    Cheryl’s Answer

    I'm so sorry about your loss.
    In NC, the land vests in the legal heirs, your son's daughters. If he had health insurance it should pay the bills. Insurance may also pay for bills. His motorcycle insurance or if the accident was someone else fault, their insurance, may pay the bills. In some circumstances, creditors petition the court to bring assets, such as an individual's land, life insurance and assets into the estate to assist in paying bills. I would recommend that you see a probate attorney as soon as you can.

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  • My moms husband died recently and there is no will. He is survived by a wife and two daughters. Does everything go to the wife?

    no details

    Cheryl’s Answer

    If he died with assets in his name, alone, the assets will be allocated between his wife and children. However, most married couples own things jointly or have named each other as beneficiaries, so often all the assets end up with the surviving spouse.

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  • Survivor benefits unclaimed

    my step mom passed a way in 1999 i was 12 year old at the time my father never claimed the benefits at the time i know me and my sister should have got a check .can we claim it or is it to late.

    Cheryl’s Answer

    While step children can receive survivor benefits in certain circumstances, since you both are no longer children and because such benefits always pay to a guardian and not a child, it would be difficult to procure those benefits unless one of you is legally disabled. Moreover, often benefits start upon application. The best answer always is to visit your local SSA office.

    From SSA Manual:
    How do I apply for benefits?
    If you’re not currently getting Social Security benefits
    You should apply for survivors benefits promptly because, in some cases, we’ll pay benefits from the time you apply and not from the time the worker died.
    You can apply by telephone or at any Social Security office. We’ll need certain information, but don’t delay applying if you don’t have everything. We’ll help you get what you need. We need either original documents or copies certified by the agency that issued them.
    The information we need includes:
    • Proofofdeath—eitherfromafuneralhomeor death certificate;
    • YourSocialSecuritynumber,andthe deceased worker’s SSN;

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  • If a person has been adjudicated incompetent, what needs to be done to have their competency reinstated?

    Several years ago our daughter was declared incompetent due to some inappropriate medical decisions.. Although she carries a diagnosis of borderline educable mentally handicapped, she is capable of caring for herself. She would like to have her ...

    Cheryl’s Answer

    There is a procedure to have competency reinstated. It will require a petition and physician verification.

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