Cheryl K. David’s Answers

Cheryl K. David

Greensboro Wills and Living Wills Lawyer.

Contributor Level 15
  1. If I die before my husband, how can I ensure that the property under my name goes to our son directly?

    Answered 7 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

  2. 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 11 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

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

    Answered almost 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

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

    Answered about 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

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

    Answered 3 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

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

    Answered 5 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

  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 7 months 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

  8. Are there any options to save a property from Medicaid Estate Recovery?

    Answered 8 months ago.

    1. Cheryl K. David
    2. Gregory John Barry
    3. David L. Carrier
    4. Gary Roger Waitzman
    4 lawyer answers

    Depending on how the deed is titled and whether Powers of Attorney with the proper language are in place or if not, are still able to be executed, in NC there may be a way to save the land which has been in the family 150 years.

    6 lawyers agreed with this answer

  9. Can power of attorney evict caregiver??

    Answered over 1 year ago.

    1. Cheryl K. David
    2. Joseph Franklin Pippen Jr.
    3. Lawrence A Friedman
    4. James Schuster
    4 lawyer answers

    If the daughter is the agent under the POA then she has all of the power the landlord has/had to evict you.

    6 lawyers agreed with this answer

  10. Do i need a lawyer to make my will. I do have assetts.

    Answered about 2 years ago.

    1. Cheryl K. David
    2. James Jenkins Mills
    3. Bonnor E. Hudson III
    4. Rachel Lea Hunter
    5. Eric Jerome Gold
    5 lawyer answers

    If you want to make sure everything goes to your son and grandson you need either a will or a trust. Otherwise, under NC law without these documents it is likely that all of your assets will be divided between both of your children.

    6 lawyers agreed with this answer

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