Cheryl K. David’s Answers

Cheryl K. David

Greensboro Estate Planning Attorney.

Contributor Level 14
  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 1 year 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 1 year 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 1 year 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

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  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 2 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.

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  5. 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 month 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

  6. 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 1 year 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

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

    Answered over 1 year 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

  8. My father passed on 12/24/11. The executor of the estate (my sister) has yet to move forward on the will. What are my options?

    Answered over 1 year ago.

    1. Cheryl K. David
    2. Eric Jerome Gold
    2 lawyer answers

    I can't tell from your question whether the will was filed after your father's death, but based on my understanding of your question, you have options. You need an attorney to intervene on your behalf to advise the court what is going on and name a new personal representative to settle the estate. You have a right to see all of the documents and receive an accounting of everything in the estate.

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. I am caregiver for my 84 year old sister law. She moved from FL To NC in 2013. A friend has a POA in FL. What can I do?

    Answered 3 months ago.

    1. Cheryl K. David
    2. James Robert Faucher
    3. David L. Carrier
    3 lawyer answers

    A great deal of what can be done depends on your sister in law's competence. If she's competent she can execute a NC Durable Power of Attorney. If this isn't possible Guardianship may be required.

    7 lawyers agreed with this answer

  10. How do I go about opening a simple trust to house my money until I make more decisions on where to invest

    Answered over 1 year ago.

    1. Cheryl K. David
    2. Steven J. Fromm
    3. Eric Jerome Gold
    3 lawyer answers

    The trust will be part of your future estate plan, but first I would recommend discussing your investment strategies and goals with a certified financial planner. The planner will be able to work with you to make sure the your money is invested to accomplish your personal goals. Estate planning should be part of this strategy and a trust may be the answer or it may not. Seeking the advice of an estate planning attorney will be an important part of your plan, but the money your receiving should...

    7 lawyers agreed with this answer

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