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Cheryl K. David
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Cheryl David’s Answers

769 total


  • Can i leave my half of our martial assets to my children?

    husband and wife disagree on how to divide belongs when one or the other has passed. We have no children together but have children from previous relationships.

    Cheryl’s Answer

    Each person has their own will and may leave assets to whomever they please. However, a spouse may not be cut out of a will even if they are not mentioned in the will.
    All the cut out spouse needs to do is file a form asking for his or her elective share. I would recommend you see a lawyer and leave your children as much as you're legally allowed to leave them.
    Most people don't realize that most accounts and real estate which is held jointly by a married couple trumps anything you might write in a will and goes automatically to the surviving spouse.
    Once a spouse is deceased you may leave your estate to anyone you wish.

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  • How do I know what percentage he is entitled to as the spouse, versus myself ?

    I am executor of my mothers estate which I opened due to the fact that I had a lawsuit pending. At the moment the value is 0.00 She had no assets and the case is about to settle. My stepfather of four years and I are the only two people that will...

    Cheryl’s Answer

    The distribution of wrongful death proceeds follow the laws of intestate succession in NC even if the deceased has a will that states otherwise. So after bills, attorney's fees and spousal fees- the Spouse receives $60,000 and a percentage of the estate and the children receive a percentage of the estate. Since it appears from your question to only be the two of you and there doesn't appear to be land, after the first $60,000 goes to your mother's spouse, you and her spouse will equally split the remainder.

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  • What do i need

    Mother passed away she left no will she owns a mobile home an my sister got the money from her checking an or savings account she said I could have the trailer an now she wants half of the money from the trailer she has lawyer an I do my what shou...

    Cheryl’s Answer

    I would recommend you hire a private attorney in the county your mom passed. The answer to your question depends on many variables. How were your mother's accounts held? Were they owned with your sister jointly? Is there a will? What does it say? When your mom died was she married? Are you two the only children? Once your attorney has all these answers he or she will know what to do. Finally, is the value of the mobile home and the value of the accounts worth enough to pursue action against your sister? Often the answer is yes, but sometimes it's just not worth the trouble and the expense which could outweigh the actual value of the estate.

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  • Can that person get SSI? Is it based off the individuals income or the parents income? They live with parent.

    If a parent of an adult person has guardianship and makes a lot of money

    Cheryl’s Answer

    This relevant statement is taken directly from the SSA -
    "the fact [is] that the guardians of childhood beneficiaries may have substantial earnings without disqualifying the child..."
    Parent guardians earnings are not counted against an adult child living in their household. However, if the parents support that child it's known as "in-kind" support and that type of support may affect the child's benefits.

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  • If House was left to for ears and one of the four hairs dies is the air of the one that died is entitled to any proceeds from s

    If house was left to 4 heirs an one dies is the heir of the one that dies entitled to any proceeds from selling house

    Cheryl’s Answer

    It depends on many factors. How was the house titled? Often real estate is titled in tenancy in common (tic) or joint tenancy with rights of survivorship (jtwros). If it's held jtwros the 1/4 interest of the deceased belongs to the other three people listed on the deed. If it's held in tic then the estate of the deceased is involved in the sale and the distribution will follow the deceased person's will.
    If you are listed as an heir in the will you may receive some or all of the proceeds from the sale of the home. However, if you are not listed in the will you will likely not receive an interest from the sale.
    If there wasn't a will there are special laws which determine how an estate passes. These laws look at the family tree and in NC leaves the estate to the closest relatives in varying fractions.

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  • Is my father considered a North Carolina resident and will I have to open probate case in both States?

    My father lived in Illinois, and owns property there. I had all his utilities turned off. He was in bad health and needed a care taker, I moved him to North Carolina with me. I changed his mailing address, notified social security and Medicare of ...

    Cheryl’s Answer

    I answered your last question, but based on the additional information I would recommend that the probate be opened in Illinois, since everything your dad owned, especially his real estate is in Illinois.

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  • Will I have to open a probate case in both NC and Illinois?

    My father lived in Illinois and was in bad health and needed a care taker, I moved him to North Carolina with me. I changed his mailing address, notified social security, and enrolled him in the VA. He lived with me for 4 months, but had no NC li...

    Cheryl’s Answer

    Your father would likely be considered a NC resident. You won't have a probate in Illinois unless your father died with real estate in that state. Ancillary probates are necessary in every state where someone dies leaving real property in their name.
    It's likely a probate will be necessary in NC if your dad died with any accounts in his name which didn't have beneficiaries.

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  • What does power of attorney mean to the one receiving the power?

    I am married and recently my mother in law moved in. She was diagnosed with early stages of Alzheimer's. Her physician advised us to do power of attorney while she can decide.

    Cheryl’s Answer

    A Power of Attorney is a legal permission slip that is signed by someone when they are still competent, as is the case with your mother-in-law, according to her doctor, which will allow a trusted agent, to handle their financial business when they are no longer able to competently or physically control their financial assets.
    A trusted agent or stand by person, known as the attorney-in-fact, is named for that future time, when the person is incompetent or unable to handle their personal finances.

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  • I need help in getting legal guardianship for my mother. Really it is my father who needs to get the guardianship.

    The situation is my mother had a massive stroke in May of 2012 it has left her in the bed and she cannot do anything for herself. She has since then cannot talk. She is coherent and let us at times know she hears us. The problem is she never sign...

    Cheryl’s Answer

    Someone gave your dad great advice. When someone becomes disabled and doesn't have health care directives or a durable power of attorney a guardianship is the only way to get the legal authority to make decisions for them. I would recommend that your dad hire an attorney to assist him in this endeavor. Once he is your mother's guardian he will be able to make all of her health and financial decisions.

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  • 1) Am I responsible for her credit card debts that have been sent to Probate Court? 2)How should I approach this dilemma?

    I live in NC and my mother recently passed away. The estate is presently in probate. She owned a house and the property it's on. At her death both she and I resided in the home.I am the executor of the estate and my 6-year old son and I still live...

    Cheryl’s Answer

    The payment for the attorney typically comes from the Estate.
    I would truly recommend that you hire an attorney. There is too much at stake for you to do this alone.
    Regarding debt, creditors can petition that the home be sold to pay outstanding bills.
    You are not personally responsible for your mother's bills.
    I have no idea what the will states, so I can't tell you whether you're entitled to the home. If the home was left to you then the concern is that creditors will come after it.

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