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Cheryl K. David
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Cheryl David’s Answers

659 total


  • My mom passed away without a will in. How do I protect my rights?

    I have two siblings. My brother is beneficiary to her State of NC retirement and her life insurance policy. She owns two residencies, one fully paid. One has a balance of $70,000.00. She also owns 2 vehicles, 2 trailers (the kind you pull behi...

    Cheryl’s Answer

    While beneficiary driven assets like life insurance or retirement money may have named a child and your brother may rightfully receive the retirement without splitting it, if he was the named beneficiary, the homes are a different story. The homes likely belong to you all together. Moreover, while some money must be allocated to pay off the debt, he may not pay off his personal debt with assets that are meant for you and your sibling. This is a mess and you should consider hiring a lawyer.

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  • Is a simple will I had drawn up in CT legal in NC

    I have no real estate only the things in my apt. I have 1 Grown daughter and have left her everything

    Cheryl’s Answer

    Often it's smarter to do a new will in the state where you are residing, but that's not to say that your will won't work. However, to make an out of state will work, it often requires an okay from the courts in the state where it was written, requiring extra work and expense of you don't change it.
    You mentioned that you don't have real estate, but often your checking account, savings account and any other money you have, as well as your car and other titled property, goes through the court system via your will when you die.
    Finally, a will is just one NC document. What if you get sick? Your family needs to be named on your durable power of attorney, health care power of attorney, living will and HIPAA authorization.
    Families who care, prepare. You're very smart to question what to do.

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  • What rights do I have being POA and Executor

    I am POA and Executor of my dad and his new made wife of 2years is saying she is going to take over his funeral and everything he have and he has a will

    Cheryl’s Answer

    If your dad is still competent to sign the Health Care Power of Attorney which was enacted in NC in 2007, he can put you in charge of his wishes regarding his remains and list whether he wants to be buried or cremated.

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  • Do I see this wrong and is there recourse?

    My wife's brother is the Executor. There are 5 siblings. The brother decided to hold an action for the mother's jewelry. His email stated that at 10:00pm the highest bid would win the jewelry pieces that had the highest bid and no bids would be...

    Cheryl’s Answer

    Maybe, there is a technical problem, but is it worth pursuing? The instruction were no bids after 10:00.10:00 and a few seconds later may be after 10:00, is it worth involving the court or paying a lawyer to get involved?
    I would suggest that the siblings who are affronted nicely contact the executor and express their concerns about the equity of the matter and see if the auction could be redone.

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  • Can I sell a 1/3 interest in property inherited jointly with siblings if my siblings do not want to buy me out?

    Inherited property from death of parents. I have two siblings who have children and grandchildren. I have no children or grandchildren. I want my siblings to buy my 1/3 interest in property because I have no heirs. If they do not want to do th...

    Cheryl’s Answer

    Without knowing more than what you stated, it's likely that you own a 1/3 undivided interest and can't sell your share without your siblings signing off on the purchase.
    With regard to the distribution being delayed and an amount already being distributed to your siblings, you may want to ask for a partial distribution, but your request doesn't have to be honored.
    If you feel your rights are being violated you may hire your own attorney to represent you in this matter.
    Also, if you haven't done so already, make sure that you do your own estate planning to define what happens to your estate and interest in the land when you pass.

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  • How do I find out about a trust fund?

    My father wants me to sign papers that would give him what I was left by my grandfather, he refuses to give me any information about it. How can I find out where it is and what is left to me?

    Cheryl’s Answer

    I would recommend that you hire your own attorney and not sign anything that is put in front of you until your father provides the statements you've requested.

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  • How do I get copies of my deceased parent's bank statements?

    I am an adult. My parent died 4 months ago. The executor of the will is a family member and had POA of the bank account and continued to access the account after my parent died for items that were not related to the funeral expenses. She resides o...

    Cheryl’s Answer

    Hire an estate litigation attorney to represent the beneficiaries.

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  • Can my dad sue the assisted living facility where my mom died & he still does not have his refund after 4 mths.

    The facility and their home office; the people we need to talk to now don't answer my calls nor return my msgs. They sent a check a couple of mths ago made out to "the estate of", etc. which is not good to my dad without setting up an estate whi...

    Cheryl’s Answer

    I'm sorry about your loss and the stress this is putting on your family. In NC, depending on how much is owed your dad may be able to open a small estate. If your mom's will left everything to your dad and the amount at issue is $30,000 or less, the small estate won't require a lot of time or expense. You and your dad can go to probate office at the county courthouse and fill out the paperwork and then cash the checks made out to your mom's estate. If the probate estate is more than $30,000 then a full probate will be required and you would be well served hiring an attorney.

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  • Elder abuse, slander, defamation of character

    We have been taking care of my Father for months moved in with him in Oct 2014 through March 2015 when we were kicked out by sister who just got the POA. We have done nothing of the sort!! In fact it has been quite a chore taking care of him, Doct...

    Cheryl’s Answer

    Unfortunately, court or attorney involvement will probably be necessary to override the actions of your siblings with regard to your father, in order for you to assist him.

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  • I need a lawyers advice. About assets. When a family member goes to the nursing home. How does he get on Medicare.

    My uncle is 73 has to go to a nursing home. His house is paid off, car paid off , about 6000. In checking. Im in his will i get everything. how can I keep his house . I was told he could get medicade and still keep the house, car and below 2000.0...

    Cheryl’s Answer

    You are referring to Medicaid and asset protection, not Medicare. He already has Medicare.
    A qualified Elder Law attorney should be able to promptly qualify him for Medicaid immediately and preserve the house.

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