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Cheryl K. David
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Cheryl David’s Answers

681 total


  • My sister made her friend power of attorney, she settled a lawsuit then died does he keep her 3 hundred thousand dollars?

    She settled a three hundred thousand dollar lawsuit a month before she died.. she died in LA, CA. I live in NC

    Cheryl’s Answer

    The POA is not allowed to keep settlement money procured on behalf of your sister unless said monies were legally given to him or left to him at her death. Because all States have different laws, you will need to contact a California attorney to assist you in determining what transpired and the next steps which may need to be taken.

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  • How can I contest an estate?

    my half sister had power of attorney,now that our father is deceased, can the other siblings contest her right to his estate?

    Cheryl’s Answer

    Possibly, it depends on the situation. If the sibling who had the POA did something inappropriate then her actions can litigated or disputed.

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  • How do I get copies of my deceased parent's financial records from a North Carolina bank? I am not the executor.

    The executor has informed the probate court that there were no assets. Is there a form that I can submit to the bank or do I have to start a court case? The executor is a family member and is not providing information to the heirs. He had POA and ...

    Cheryl’s Answer

    The executor is the only person who has access. If you believe there is wrongdoing, you can petition the court and advise of impropriety. However, hiring an attorney is necessary to take legal action against a person who has misappropriated assets, if you want to retrieve assets. Criminal action may also be taken in some cases where such action is warranted.

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  • I have not done any estate planning. Must get busy with that.

    I need a State Planning Attorney in FAY.

    Cheryl’s Answer

    The Avvo question answer site is a free public service where attorneys answer anonymous questions.
    To find an attorney in Fayetteville go to the Avvo site at avvo.com, then up at the top tab bar push, "Find a Lawyer"; once that is done, in the query bar, put Fayetteville, Estate Planning Attorney.
    Best of luck!

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  • Does my brother and I have a right to contest our dad's estate?

    Dad died on November 17, 2014. Stepmother want let us have any personal items and she never had a reading of his will.

    Cheryl’s Answer

    Request a copy of your father's will from the clerk of court in the county where he resided. If a will was filed then you will see what he wrote, regarding bequests he may have left to his children.
    A formal reading of the will is not required.
    If no will was filed or bequests were left to you and your sibling, you may want to procure your own attorney to determine what if anything should be done.
    Often couples own everything jointly- like a home, bank account etc. if this is the case, then the children often don't receive an inheritance until the death of their second parent. So even if the will leaves a bequest to their children they don't receive anything. Unfortunately, with remarriages often an entire family is disinherited, if their parent dies first, then everything goes to the spouse and the spouse has a will which leaves everything to "their" children.

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  • What is N.C. law on proceeds from life insurance policies to a designated beneficiary if a will states money to be split?

    Will states that proceeds from life insurance that are paid to a designated beneficiary be split between surviving children. Does the money have to be split according to the will or not? If not, are there any legal steps I can take to make benefic...

    Cheryl’s Answer

    Unless the policy paid out to decedent's estate or trust, the rule is that the policy beneficiary receives the policy proceeds with no strings attached.
    With this said, sometimes the recipient may feel morally bound, knowing decedent's true intent, to follow the directions decedent left in the will, by making a gift out of their policy proceeds to the intended beneficiaries to honor their loved one's wishes.

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  • How do I get a copy of a decreased person's will

    My great aunt died in 2012, my mom is unable to find her will. My aunt's lawyer also passed away sometime ago. Is there a way to get a copy of my aunt's will?

    Cheryl’s Answer

    Check with the county where your great aunt lived and you may be able to find a copy of her filed will. If no will was filed and no probate occurred you have two options, you may be able to contact the NC State Bar and see if an attorney took over for her attorney and kept the records when the first attorney died or you can go up to court to open up the estate, if one exists. However, be careful, you don't want to open up an estate where there aren't any assets to distribute or one where there is a lot of debt. Once you are appointed to handle an estate you will have to handle the estate and go through the process, to no avail.

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  • Can some one sign a power of attorney in they are taking pain medinice.

    my father in law has less than six months to live and his sister in trying to get him to sign a poa. he can not read. his son is trying to do what his dad wants but the sister wants control. he is depressed, taking morfine, and oxycodone. he has ...

    Cheryl’s Answer

    If your father-in-law is competent, even if taking medication, then he may execute a Power of Attorney. However, if he is under extreme duress and then the POA directs his assets to herself, then this matter is ripe for litigation.
    Depending on the circumstances, the family may want to proceed with a guardianship procedure, so that the court may appoint someone, under the supervision of the court, to handle your father-in-law's finances during this difficult stage of his life. This would keep someone from taking advantage of him.
    Please contact an attorney to assist the family.

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  • Can probate make me homeless?

    I am PR of my mothers estate. It is in probate. The only asset is her home which is paid off. My sister and I live there and have lived there for years. The home is worth $130K and there is $30K of outstanding credit card debt. Can the p...

    Cheryl’s Answer

    You and your sibling must follow the terms of the will with regard to the home. Hopefully, an attorney is assisting you with the probate of the estate. If the home wasn't specifically designated in the will, then in most likely belongs to you and your sister. In some circumstances, assets are pulled back into the estate to pay outstanding debt.
    I would recommend that you negotiate with the credit card company, if the charges are correct, and then, if you and your sister want to keep the house, get an equity line on the house to pay the outstanding debt. Of course, if you don't want to keep the house, sell the house and pay your mother's outstanding debt.

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  • My Aunt is in a nursing home in NC.She still owns her home but will not be able to return there to live.

    Can we keep aside some of her money to pay for yearly taxes and homeowners insurance? If so, how may years can we keep back?

    Cheryl’s Answer

    Vance's answer below is excellent and I can't add anything else except to advise you again that when faced with this type of situation seeing an experienced Elder Law Attorney is imperative!
    There are strategies which can be utilized to safeguard some of the assets including the family home and it's never to early or too late to put a plan together which will assist your loved one.

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