Cheryl K. David’s Answers

Cheryl K. David

Greensboro Probate Attorney.

Contributor Level 15
  1. Can I legally get my mom's house?

    Answered 7 months 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

  2. 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 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

  3. If I die before my husband, how can I ensure that the property under my name goes to our son directly?

    Answered 12 months ago.

    1. Cheryl K. David
    2. Matthew Vernon Silva
    3. Michael Leo Potter
    3 lawyer answers

    I would recommend a trust with a trustee who is not your spouse, but someone who will take care of your son's finances until he's old enough to handle your estate. In NC, your husband may elect life rights in the home. Please seek legal counsel to create the correct estate plan.

    7 lawyers agreed with this answer

  4. 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 over 1 year 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

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

    Answered over 2 years 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

  6. How can I get propety in my nome if I am the only hier?

    Answered over 2 years ago.

    1. Cheryl K. David
    2. James P. Frederick
    3. Eric Jerome Gold
    3 lawyer answers

    You will need to see an estate planning attorney. A probate or administration will need to occur to clear title and get property which was left to you correctly transferred.

    7 lawyers agreed with this answer

  7. What type of ruling would be needed to allow a fund company to honor a more recent will over an older beneficiary designation?

    Answered about 1 year ago.

    1. Cheryl K. David
    2. Adam Wilson Arthur
    2 lawyer answers

    The beneficiary designation trumps the language in the will. Even if it was your dad's intent that you receive this money as individuals, since the estate was listed as the beneficiary on the actual IRA, the IRA became a probate asset. Instead of being able to take the money incrementally over your lifetimes, the payout will be immediate, causing unwanted tax consequences. Your dad is not alone in making this error. Everyone reading this needs to check their IRA beneficiaries. I've seen money...

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Can an oral contract effect a trust

    Answered 22 days ago.

    1. Cheryl K. David
    2. Richard Glenn Elie
    3. Michael Leo Potter
    3 lawyer answers

    I'm so sorry. I see this type of thing often. To everyone reading this, contracts and properly documented estate plans need to be drafted! Preferably by a lawyer. There's a reason we go to all that school. Yes, it costs a fair amount, but it keeps your family from getting hurt. Without a written agreement, it's very difficult to honor the terms as you understood them. Your best hope is for the family to concur with your understanding and if they're willing, to sign a Family Settlement Agreement...

    6 lawyers agreed with this answer

  9. My husbands caregiver had my husband sign power of attorney to her when he was in the ER. he was so drugged

    Answered 9 months ago.

    1. Cheryl K. David
    2. Vance Tate Davis
    3. Michael Leo Potter
    3 lawyer answers

    See an attorney immediately. This happens more often than you would believe. Entire life savings can be wiped out by unscrupulous people.

    6 lawyers agreed with this answer

  10. If the home within a trust has been sold does that solve the trust? Mom still has social security & pension money?

    Answered 10 months ago.

    1. Cheryl K. David
    2. Shelley Ann Elder
    3. Ivette M Santaella
    3 lawyer answers

    There isn't enough information to make a determination. Usually, the money from the sale of the house is a trust asset. However, if the money has been used or wasn't titled in the trust and if the trust is revocable and there isn't anything in the estate or trust at mom's death, then it's likely having the trust won't be of consequence. I highly recommend you see an attorney skilled in trusts.

    6 lawyers agreed with this answer

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