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Cheryl K. David
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Cheryl David’s Answers

769 total


  • Can we put her bank account & land in our names and keep the assets from any legal claims by the facility?

    My 77 year old mother wants to go into an assisted living facility in NC. She doesn't have any mental diagnoses and is relatively good health. She believes she can not live alone any longer. She gets $1600 a month retirement from being a civil ser...

    Cheryl’s Answer

    Your mother needs to speak to an Elder Law Attorney as soon as possible. In NC land may possibly be preserved as well as some assets in the right circumstances without all being lost to end of life care. Special trusts and deeds may be utilized depending on the facts.

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  • How can # 2 brother receive the gun from the sheriff, and death certificate from the funeral home and keep it when I am trustee.

    Mother died, leaving me and # 1 brother equal shares. Will states # 2 brother already received his inheritance. # 1 brother killed himself in December 2015. Will states that in case of # 1 brothers death everything goes to me.

    Cheryl’s Answer

    The answer to your question about where the estate goes depends on what the will states and when brother 1 died. If he died after mom, mom's estate will likely go to brother 1's estate. If he died before your mom the answer is typically in the will. Sometimes a will leaves a deceased child's share to their children, sometimes others or charities.
    Death certificates are available to all family members. With regard to the gun, the sheriff was likely entrusting it to a family member.

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  • What can I do if Social Services in a rural town is neglecting my elderly father?

    My elderly father has diabetes and high blood pressure. He also has the beginning of dementia/extreme forgetfulness. He has an extremely limited fixed income of Social Security plus a tiny amount of Veteran's Benefits. Social Services in the s...

    Cheryl’s Answer

    Have you thought about obtaining guardianship so you can make your father's medical and financial decisions?
    If you become your father's guardian you don't have to solely rely on social services, you will have legal authority to acquire the help you need to help him.

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  • What happens when beneficiary of an estate dies?

    My grandmother passed away (lived in my) and left myself and my three siblings as beneficiaries of her estate. The estate in finished and about to be distributed, and my oldest brother (lives in nc) passed away unexpectedly recently. I am the...

    Cheryl’s Answer

    The inheritance is directed by the will. Usually there are provisions in the will which state where a beneficiaries share goes when they die before the person who wrote the will. However, when they die after the person who wrote the will, then their estate receives their share and the inheritance passes to the individuals named as beneficiaries of their will. If they don't have a will then the estate passes by the terms of the law of the State where they died. Since your brother passed in NC, if he died without a will his share will go to his immediate family- spouse and children. If he didn't have children, his spouse and parents would inherit. If he doesn't have a spouse or parents then his siblings would inherit.

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  • I need a durable power of attorney for my mom in NC

    My mom is 88 years old and is failing health. My wife and I have been carrying for her in our home for the last 3 1/2 years. My siblings are trying to put her in a nursing home. Which I don't want can you hep

    Cheryl’s Answer

    Your mom would have to be the one who hires an attorney to create her durable power of attorney and health care directives. I would recommend that she call an attorney close to where she lives that practices in the area of estate planning and/or elder law. The attorney will be able to assist her.

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  • What are our legal options to have my cremated Father's remains relocated and what would be the legal cost?

    My father was cremated and buried in a plot that he did not want (by his then wife, who later died and was buried elsewhere by her relatives). He did not specify location of burial in his will. I contacted the church in order to move him but they ...

    Cheryl’s Answer

    If you want to know that this will be done correctly and within your time constraints I would recommend that you hire an attorney with experience transferring remains in similar circumstances.

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  • How do I go about getting the car we paid in full registered to us without the courthouse letter saying she's the executor?

    My aunt passed away and left no will but her next to kin was her mom, my grandmother. She had no property, but she did have a car. The car wasn't totally paid for but my grandmother wanted to keep it in the family. So we took it over, my husbands...

    Cheryl’s Answer

    There is a special way to handle this which does not require a full probate. However, it will require your grandmother's signature. Go to the DMV and ask for an MVR 317 form-it's green. Fill it out completely and have your grandmother sign it in front of a notary and write on the appropriate line on the form that she is turning the vehicle over to you. Then take the form and death certificate to a court probate clerk in the county where you're aunt lived. The clerk will sign off on the form and then you will need to take it to the DMV to the vehicle will be retitled in your name. This is easier said than done. If it's too difficult you may want to hire an attorney to assist you.

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  • Is there a legal way that the mother can be made to pay the expenses she signed papers agreeing to?

    My husband committed suicide in October 2014. His mother was named beneficiary on a life insurance policy and a retirement roll over account that he had. When planning the funeral the funeral director arranged with his mother and the mother signe...

    Cheryl’s Answer

    The funeral home likely had your husband's mother guarantee that she would pay the bill. Otherwise they would not have assisted her. Remind them of that and ask them to check the contract if you are contacted again to pay the bill. Also ask them to stop contacting you . It's likely that they are making a bad assumption that you are the responsible party. Since you are receiving the bills make sure that your mother in-law didn't fraudulently have the contract put in your name.

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  • Can I use the TOD ( Transfer on death) to title my house in North Carolina to someone else upon my death. death.

    Estate Planning. Single, own home.

    Cheryl’s Answer

    A Transfer on Death (TOD) designation does not apply to real estate. The best way to accomplish what you are trying to do is to use a life estate deed, but there are rules and parameters. There are also several ways to write such a deed. An attorney should write it for you who is knowledgeable in the area of Elder Law. Your home must be owned outright (no mortgages).

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  • Can he be executor and contest the will at same time and how hard would it be to break will ?

    My brother replaced me as executor of mothers estate when I didn't get bonded before deadline. The bulk of her estate is left to me and now he is threatening to contest it even though the will was video taped and she was clearly of sound mind and ...

    Cheryl’s Answer

    If there is any way to get a lawyer you should. Maybe you will find a lawyer who will work on a contingency fee and wait to be paid after you inherit your mother's estate. If not check into legal aid or some of the law school legal clinics. If the will is strong and there is a video you will likely prevail any of your brother's tactics, but if your not represented and he is unethical the matter is ripe for problems.

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