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Cheryl K. David

Cheryl David’s Answers

745 total

  • What options do we have our sibling passed with out a will and owned property with other people?

    My sibling owned property with 2 people and died with out a will. What options do we have? The other owner's said the sheriffs department is going to condemn the property. What's our legal obligation? Our parents or deceased. I have one living sib...

    Cheryl’s Answer

    You may own an interest with the other deed holders in the house, if you are the only living sibling and your brother didn't have a wife or children. Since the property is involved in condemnation proceedings and may have some value, you may need to hire an attorney to obtain permission to sell the property. If you are the sole heir of your brother, upon sale you would split the proceeds from the sal, after liens have been paid, proportionately, according to their deeded interests, with the other owners of the land.

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  • Is my house still insured?

    I am 53. In 2004 my widower father, with whom I live, had a Warranty Deed drawn up. He is the Grantor and I am the Grantee. The deed has a Special Power of Appointment allowing the Grantor a lifetime residency in the home. This October he died at ...

    Cheryl’s Answer

    In NC the house became yours the moment your father died. It's important to let the tax office know that your name needs to go on the tax bill and it's important to let the homeowner's insurance know to name you as the policy holder. Both of these things are pretty easy. If you don't do this and the house burns down, your deceased father is the beneficiary of the policy and that would cause a true mess.

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  • Irrevocable trust fund in nc

    Iam a beneficiary along with my sister of my grandfathers irrevocable trust he has for us. My father is the trustee, and I'm wondering how I can access the trust funds money? My wife has suddenly became ill with cancer, and medical bills are getti...

    Cheryl’s Answer

    I would recommend that you ask your father for a copy of the irrevocable trust so that you may have it reviewed by an attorney. A review will help you determine if there is any way to access the money to assist you during this difficult time.

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  • Will my father in laws property pass to his wife after his death last month?

    My father in law passed away last month without a will. He was a resident of Georgia. He was the power of attorney over property in Alabama that he and his three siblings inherited from their father when he died. All of the siblings names were o...

    Cheryl’s Answer

    The Power of Attorney is only valid when the person who created it is alive. It dies when they die. Every state has different laws, but most of the time when siblings inherit property together and one dies, the dead sibling's share follows the terms of his or her will, often going to his or her own family. The exception to this would be if parent's will left the property to the children joint with rights of survivorship, in that circumstance if one child died in the future it would go to the others.

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  • Details on reversing a permanent guardianship. In a healthy safe household.

    So i am wondering about revering my guardianship. I lived with my healthy aunt&uncle now im with my sister & brother in law who have permanent guardianship of me but i have grown despessed & am unhappy with the life style & i feel as if the lifest...

    Cheryl’s Answer

    Sometimes Guardianships can be changed or reversed. It sounds like you're very unhappy. Don't give up hope. If you need help immediately call 9-1-1
    I'm not sure of your age, but maybe you should call Orange County Legal Aid tomorrow
    919-545-0735 or
    Adult Protective Services
    Orange County Department of Social Services
    300 West Tryon Street
    P.O. Box 8181
    Hillsborough, NC 27278
    919-644-3005 FAX
    Director: Nancy Coston

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  • I entered mom's will into probate November 14,2014, and am too sick to finish it in time. Can I postpone closing it?

    I am executor and filed mom's will November 14, 2014. Only my sister and I inherit. She is struggling with cancer, as am I, and I have been too sick to do much this year. My sister has no problem with postponing, says she is planning to relinquish...

    Cheryl’s Answer

    You can advise the court of the situation and the clerks will likely work with you given your illness, but maybe it would make sense to hire a probate attorney to finish the estate, so you can focus on getting better. If your mom left an estate possibly an inheritance could make a huge difference in your life. The estate would pay for an attorney and the attorney can do the work and bring the estate to closure.

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  • Thieving Caretaker

    I think my parents caretaker has been stealing my mail and personal items when I'm not home but I alone can't prove it and I'm getting no help from anyone in the home. Is there anything I can do to prove it or have it returned?

    Cheryl’s Answer

    You may want to set up baby monitors or a security system and first prove your items are being stolen, before accusing anyone, proceeding criminally or asking for things to be returned.
    Another option is to safeguard your valuables in a safe place and use a locked mailbox.
    Stealing mail is a Federal Offense, so you may want to get the USPS involved.
    I would also be very concerned that if the caretakers are stealing, they may not be handling your parents care very well. This is another thing you may want to monitor.
    Finally, we've sometimes found that individuals with dementia or confusion may move items around or hide them, so it may be a parent who is touching your personal items.

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  • What needs to happen if a person retained power of attorney over an estate when the person who owned the property was incoherent

    mom signed a document unaware that she was signing over her authority. the person she signed it to is mentally unstable

    Cheryl’s Answer

    A guardianship proceeding is necessary to appoint someone trustworthy to handle mom's estate. If an individual or agent under a Power of Attorney took advantage of your mother, that person may find themselves up against the criminal and civil justice system. Often action is taken against the person who took advantage of a person who wasn't competent and an order is entered to compensate the victim.

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  • Mother dies with a will, giving named executor authority to disperse. As an only child, do I get anything in N.C.

    She owned a house

    Cheryl’s Answer

    If the will states that you get something, you will receive an inheritance. If the will gives it all to the executor to do with as he sees fit, which is rare, then it will depend on if the executor wants you to have something. Usually the executor has to disperse the estate in accordance with the terms of the will. You may obtain a copy of the will from the court house.

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  • Can an executor choose not to follow an addendum to a will and refuse to show that addendum letter?

    A year before my father passed, he drafted a change to his will and sealed it in an envelope. 2 weeks after he passed my sister, who is the executor, opened the letter and does not agree with it and is now stated she is not going to show it to an...

    Cheryl’s Answer

    Your sister may not make that decision. If a Probate is necessary, the addendum must be filed with the will. However, the document, if hand done by your father, may not meet legal standards acceptable to the court. Moreover, for a probate to occur there must be assets to probate. If all assets are in the trust name or designated to a beneficiary on your father's accounts, there may be nothing to probate.
    This matter requires legal over site.

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