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Cheryl K. David
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Cheryl David’s Answers

711 total


  • My mother just died with a will now i dont know what to do from this point please help

    my mother just died unexpected of a blood clot all she had to her name was her house(which is not paid off, and a car that is paid for) a few months ago she had documentation drawn up (a will and power of attorney papers) in the will she left me 1...

    Cheryl’s Answer

    The will should state what your mother wanted to happen to her property when she died. The will may state that you get all of the real estate and other things. The will must be filed at the courthouse in order for you legally to receive what she wanted you to have. Your sister can contest the will, but if your mother was legally competent to sign the will it should be okay. Even though attorneys cost money and you may not have enough money to hire an attorney, I wouldn't recommend that you try to do this yourself. Too much is at stake. Go see the attorney who wrote the will. The estate may have some money to pay for such services.

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  • My father recently passed, and I am wondering what my rights are.

    My father was my grandmother's only child, and with her estate not being settled yet, and my father recently passing, I am wondering my rights. I am 21 years of age. I am wondering my rights. I am unsure if my father and step-mother were really ma...

    Cheryl’s Answer

    Each State has different rules, however in many states if your father passed after your grandmother and her will left him assets, then those assets legally became your father's when she died unless your grandmother's will stated that your father had to survive her by a certain number of days and he failed to survive her by that time.
    If he inherited her assets, then your father's will determines where his assets will go. If he didn't have a will then the law of the State where your father died will determine who will receive his assets.

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  • R wills are 25 yo. we need 2 update. The law firm that did them is gone. now what?

    We had a law firm do our wills along time ago and our lives have changed and we need to update/redo our wills to match our lives now. The firm that did them years ago is no longer there. So what is the next step? Where do we take them or do we ju...

    Cheryl’s Answer

    The next step is for you to hire an attorney to write a new plan for you. In NC a basic plan consists of wills, durable power of attorney and health directives.
    AVVO is a great resource to find an estate planning attorney.

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  • How can I get change of POA when wife/daughter are both listed as POA for dad and mom experiencing short term memory loss?

    My mom & I both are POA for my dad and vice versa (we are for her also). Mom is experiencing signs of short term memory loss as diagnosed by her physician. My dad wants her to be involved with his care but wants me making the majority of the dec...

    Cheryl’s Answer

    If mom is still legally competent you can follow dad's request and make the big decisions while still involving mom. It appears that your dad is legally competent and still wants your mom involved, when he can no longer make his own financial decisions. It might be wise before going through a time consuming and costly guardianship procedure for you and dad to have a discussion with an Elder Law Attorney about options in this circumstance. If dad is incapacitated and incompetent at some point and so is mom, the duty to administer the Power of Attorney will fall to you after proof is procured.

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  • How do I get my fathers ashes

    My step mother murdered my dad and refuses to give up the ashes after having him cremated not being my dads wish or ours . she is currently in jail awaiting trial but we would like to put our dad to rest

    Cheryl’s Answer

    If your stepmother is adjudged guilty of your father's death, then the NC Slayer Statute would keep her from benefiting from his estate. With some assistance, I believe you will be able to retrieve your father's ashes.

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  • I was named durable POA for my mother who had been diagnosed with advanced dementia in Apr of 2012. 1 yr later she revoked it.

    She was not mentally competent when the POA was revoked and she named her housekeeper as the new POA. I believe the new POA is not acting in a way my mother would have wanted when she was well. Do I have the right to contest the revocation? I a...

    Cheryl’s Answer

    See an attorney immediately. A Guardianship is likely necessary to remove the housekeeper and if appropriate, appoint you as your mother's guardian.

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  • MY FATHER PASSED AFTER HAVING BEEN IN A NURSING FACILITY ON MEDICAID FOR 6 MONTHS. CAN MEDICAID TAKE OUR JOINT ACCT. BALANCE

    MEDICAID SAID THEY WILL SEND A BILL FOR WHAT THEY HAVE PAID FOR HIS MEDICAL EXPENSES. THE BANK HAS TOLD ME THEY WILL TAKE HIS NAME OFF THE ACCOUNT AS SOON AS I GET THE DEATH CERTIFICATE. WOULD LIKE TO USE THE MONEY FOR A TOMBSTONE. HAS NO OTHER ...

    Cheryl’s Answer

    Depending on how the account was set up and in some circumstances, who the money originally belonged to, determines what if anything Medicaid can procure for money expended on behalf of your father. If the account was joint with right of survivorship or is comprised of money you originally placed in the account then it is likely they will not be able to access the account.

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  • Can a foreigner claim the inheritance money in the US but cannot come ,for she has no visa. Am I obligated to send the money.

    I told her to come to the US and claim the money.

    Cheryl’s Answer

    Yes!, if you are the personal representative of the estate it is your duty to make sure that the people who are entitled to receive under the decedent's estate plan receive the money which was left to them. You are not able to compel them to personally come to the United States to pick up their money.

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  • Why would someone want me to sign a relinquish form from a will

    my grandfather passed and my grandparents attourney said that I needed to sign it but I don't trust them he told me about will and I am in it for porton of estate

    Cheryl’s Answer

    I'm not sure why you would be asked to sign such a form unless you are being asked to give up an inheritance or your right to serve as personal representative of your grandfather's estate. Ask a lot of questions, ask to see the will and if possible, hire an attorney before relinquishing any rights.

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  • When amendments (codicil) are made to a will, when are they required to be filed at the clerk's office?

    My brother printed off amendment forms from the internet and had my dad sign them at a notary public. But they did not file them with the original 2008 will on file with the county clerk. Are the amendments legal if they are filed after the test...

    Cheryl’s Answer

    Each state has different laws, so you will need to hear from a lawyer in VA. In NC, until the law changed last week, wills couldn't undergo a living probate and be accepted for probate filing until death. Even though past NC wills couldn't be pre-probated, some residents had their wills held by the court years ago for future filing and then when they died the wills were admitted to probate. A codicil, amendment or new will could be filed later.
    With all of this said, in NC, a will or amendment may be contested if someone isn't competent when signing their will or if it can be proven that they created their documents under duress.
    You may want to repost your question specifically to VA lawyers.

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