Cheryl K. David’s Answers

Cheryl K. David

Greensboro Wills and Living Wills Lawyer.

Contributor Level 15
  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 over 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...

    Selected as best answer

  2. DOES THE DURABLE POWER OF ATTORNEY BECOME VOID UPON SOMEONES DEATH?

    Answered about 2 years 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 almost 2 years 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

    1 person marked this answer as helpful

  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 over 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.

    Selected as best answer

  5. How to keep someone away I suspect of elder abuse

    Answered 6 months ago.

    1. Cheryl K. David
    2. Kevin H. Pate
    3. Horacio A. Sosa
    4. Helayne Barrie Levy
    4 lawyer answers

    If a caretaker is taking advantage of your grandfather you can call Adult Protective Services, hire a private investigator to build a case or consult with an attorney to take legal action, such as a protective order, guardianship and/or conservatorship.

    8 lawyers agreed with this answer

  6. 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 8 months 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

  7. 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 almost 2 years 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

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

    Answered almost 2 years 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

  9. Can I legally get my mom's house?

    Answered 9 days ago.

    1. Cheryl K. David
    2. Dana Whitney Atchley
    3. Ross Cameron Hart
    4. Yana Pechersky
    5. William Ray Pelger
    5 lawyer answers

    I'm afraid you have been seriously misinformed. However, there may be a few strategies we can use, if there is money available from you, to change the ownership and the mortgage to you and your mother. Please see an elder law attorney to discuss options.

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. 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 almost 2 years 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

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