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Cheryl K. David
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Cheryl David’s Answers

691 total


  • My dad had a living trust and left everything to his grandkids and didn't leave his children anything at all,

    Can a living Trust be contested in NC and will any lawyer work on a contingency basis?

    Cheryl’s Answer

    Anyone can leave anything they want to anyone or anything they want in their estate plan. The only person in NC who can't be disinherited is a spouse, unless they signed a prenuptial agreement.
    If your father was coerced or didn't have capacity to make a decision then the trust may be contested, but I don't know any attorneys who would take such a case on a contingency fee.

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  • In NC, if I sign a paper releasing the executors from any further responsibility, can I sue for the rest of my inheritance later

    The estate/trust attorney and the executors have disbursed the inheritance, however, I'm told that because the attorney "dealt with me the most, I have to pay an attorney fee equal to almost 1/3 of my inheritance". I need all my money particularl...

    Cheryl’s Answer

    Do not sign a release- a release will prevent you from further action. The fee should not be assessed against the beneficiary, it should be assessed against the estate. I would advise that you hire your own attorney.

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  • Can a husband give another woman half of everything in a will, without having been divorced? It is a 58 year old marriage.

    He secretly carried on an off and on affair with women, beginning in 1970s. The coupe have three adult children and five grandchildren. The other woman is "friends" with a State politician who "helps" her get her way. She has had a history of "...

    Cheryl’s Answer

    In addition to the other answers, remember that all jointly held property between spouses goes to the surviving spouse. The only property which may go to someone other than the spouse, after the elective share, is a portion of the property owned solely by your husband. In my experience, most property between married spouses is owned jointly- homes, bank accounts, brokerage accounts, etc.

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  • If you tear a will in half does that mean it's void.

    While I was in England my mother was diagnosed with dementia. She had made out a will leaving me the house and all the furnishing since I am a widow and am on a seriously limited income. I also have no where to go. My sister has a home in Massachu...

    Cheryl’s Answer

    If your mom has dementia and is at the point where she is incompetent tearing up a will may be disputed. If she drafted a new will, competency is also an issue as to whether or not she had capacity to draft a new will.
    These are difficult cases, but there may be a viable case. An attorney should be hired if you decide to pursue this matter.

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  • Our mother has severe dementia. She refused to put her house or anything else in our names (my sister and I)

    What can we draw out of her money legally? we hate to see everything lost to the state. She has a house and car and some stocks and savings.

    Cheryl’s Answer

    Your family needs to seek the advice of an Elder Law Attorney. A guardianship may be necessary to protect your mother and her belongings, if she isn't competent. If she is competent the attorney may be able to assist her in understanding the best steps to take to protect her in the future.

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  • How do you get a copy of a will in north carolina?

    I want to see if grandchildren received anything in a will and if so were they named or just mentioed as grandchildren like my grandfather did. Only one grandchild was born a months after his death but it left it open for others. My daughter's f...

    Cheryl’s Answer

    To get a copy of the will first contact the probate clerk in the county where the death occurred to see if it was filed and if you can get a copy. Next contact a probate attorney.

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  • Why would a poa be denied when saleing mothers home to pay for her care

    the remax lawyer denied signed and stamped by court house poa to sale home to provide money for full time care

    Cheryl’s Answer

    It's possible that the POA does not have the language necessary to perfect the sale or it may be an older document or a document which wasn't filed properly.

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  • I live in NY and need an attorney to help settle an estate that is to be split 5 way and the executor is doing nothing.

    We need someone to advise the executor to file the will in probate and to post a bond to keep him honest. He has not been honest today. Everything is to be sold and split 5 ways. he is taking things from the estate and has yet to do an inventory. ...

    Cheryl’s Answer

    You need a probate attorney in NC to represent the heirs and contest your sibling's management of the estate.

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  • Do I need a NY attorney in order to transfer my biological father from a nursing facility in NY. to live here with me in NC?

    My brother who does have his last name claims to have power of attorney over my father..while I do not have my fathers last name what type of legal intervention if any is necessary?

    Cheryl’s Answer

    You need a NC Elder Law Attorney to assist with this type of interstate planning.

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  • I'm listed on the power of attorney papers as the alternate. My dad is unable to serve, but won't sign it to me until he wantsto

    Dad had a mild stroke and mind has been affected, but he won't sign it over until he feels like it. If something happens to mom, I won't be able to do anything. Is there anything I can do. What options do I have?

    Cheryl’s Answer

    Your mother can prepare a new POA if she's still competent. If not, and your dad isn't able to assist your mom, a guardianship procedure may be necessary to allow you to serve on her behalf.

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