Cheryl K. David’s Answers

Cheryl K. David

Greensboro Probate Attorney.

Contributor Level 15
  1. I own 50% of a house and my daughter and her husband own the half, I would like my other son to receive my half if I die.

    Answered about 2 years ago.

    1. Cheryl K. David
    2. Paula Brown Sinclair
    3. Lisa Marie Blasser
    3 lawyer answers

    It depends on how the deed is drafted whether you will be able to bequeath your 1/2 interest in the real estate at your death. If the deed gives you a 1/2 tenancy in common interest then you may will your 1/2 interest to anyone you want. If however, you signed a deed as a joint tenant with right of survivorship, then upon your death your interest would go to your daughter and her husband. The only way to change that outcome is to draft a new deed in tenancy in common, but that would require...

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

    Answered over 2 years ago.

    1. Cheryl K. David
    2. Sabrina Winters
    3. Michael G. Gorenflo
    4. Michael Leo Potter
    5. Joseph Franklin Pippen Jr.
    5 lawyer answers

    This is True. The Power of Attorney ceases upon death. Now it's time to move to the next permission slip, the will. There are many different documents that serve as permission slips at different times. We have a Health Care Power of Attorney to make health care decisions while someone is living, a Durable Power of Attorney to make financial decisions while someone is living, a HIPAA form to speak to the doctor, pick up prescription and waive privacy on protected medical information, a Living...

    12 lawyers agreed with this answer

  3. I think I am being set up for a charge of elder abuse

    Answered over 2 years ago.

    1. Cheryl K. David
    2. Steven J. Fromm
    3. Lawrence A Friedman
    4. James P. Frederick
    4 lawyer answers

    The child who watches a parent in these circumstances is often misunderstood by the other children. Unfortunately, anyone can allege wrongdoing, at anytime. Your job is to protect your mother and your family from these allegations. The best way to do that is to hire an attorney. When the attorney assesses the entire situation advice can be given about the account.

    11 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. I am co-trustee on estate, the other co-trustee wants to make a deal so they're the only trustee. Is this cause for concern?

    Answered about 3 years ago.

    1. Cheryl K. David
    2. C. Kelley Corbridge
    3. Paul A. Smolinski
    3 lawyer answers

    Yes. One Co-trustee can't buy another one off. Seek counsel immediately.

    Selected as best answer

  5. Can a member of the family file for personal injury ?

    Answered 9 days ago.

    1. John M. McCabe
    2. Cheryl K. David
    3. James Robert Faucher
    4. Christian K. Lassen II
    5. James Otto Heiting
    5 lawyer answers

    The personal representative of the estate is the only individual who can bring a wrongful death case. The personal representative is the person appointed by the will to handle the decedent' estate. If the decedent doesn't have an estate the court will appoint the representative. This may be decedent's mother, but whether or not she would have her own cause of action is rare, but not impossible in certain circumstances.

    9 lawyers agreed with this answer

  6. My parents are in nursing homes and running out of cash funds to pay for it, what are to financing options?

    Answered 17 days ago.

    1. Cheryl K. David
    2. Siobhan Sullivan Leger
    3. Drew Norman Early
    4. Vance Tate Davis
    4 lawyer answers

    I would highly recommend that you see an Elder Law Attorney. Your question is too broad for a question answer forum, when so much is at stake. There are strategies which exempt some important assets, such as the home and cars, in certain circumstances with special documents, from being liquidated. There are also time consequences associated with applying for Medicaid and the timing is important. Reimbursement for some skilled care may occur, in certain circumstances.

    9 lawyers agreed with this answer

  7. How to keep someone away I suspect of elder abuse

    Answered 12 months ago.

    1. Cheryl K. David
    2. Kevin H. Pate
    3. Horacio A. Sosa
    4. Helayne Barrie Levy
    4 lawyer answers

    If a caretaker is taking advantage of your grandfather you can call Adult Protective Services, hire a private investigator to build a case or consult with an attorney to take legal action, such as a protective order, guardianship and/or conservatorship.

    8 lawyers agreed with this answer

  8. My mother is in nursing home. need to sell her vechicles. Can someone in the family buy them at what price? does this go into ck

    Answered about 1 year ago.

    1. Cheryl K. David
    2. Ricki Goodstein
    3. Michael Leo Potter
    4. Vance Tate Davis
    4 lawyer answers

    Please see an Elder Care Lawyer. If you sell a car you need to get fair market value, or the sale will be considered a partial gift which will penalize your mother from care. In NC you are allowed to keep one vehicle. Their are many things people don't know when negotiating sales and care for a loved one and the right legal help can be invaluable to make sure that the assets are handled correctly and the best care can be obtained.

    8 lawyers agreed with this answer

  9. If my aunt has POA of my father, and put her in a home and is spending his money for her own good, how can we revoke her POA?

    Answered over 2 years ago.

    1. Cheryl K. David
    2. William J D Patterson
    3. Leonard Komen
    3 lawyer answers

    If an agent under a power of attorney is acting inappropriately then court action is required to remove such individual and procure the assets which have been misappropriated. I suggest that you contact an attorney immediately to put a stop to this behaviour.

    8 lawyers agreed with this answer

  10. Can You Buy Insurance for Someone Else with a Durable Power of Attorney?

    Answered over 2 years ago.

    1. Cheryl K. David
    2. Joseph Franklin Pippen Jr.
    2 lawyer answers

    The Power of Attorney would allow an agent to buy life insurance, but it's up to the insurance company to determine whether they would write such a policy or consider your parent insurable.

    8 lawyers agreed with this answer

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