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Cheryl K. David

Cheryl David’s Answers

769 total

  • What are tax implications of receiving pension funds that were sent to the CA State Controller's Office as unclaimed property?

    I received funds from a pension that I had in CA that was sent to the state as unclaimed property. Would this money have been taxed and the 10% early withdrawal fee withheld (I am 40)? I'm not sure if this money is still qualified, or should be co...

    Cheryl’s Answer

    First, every state has different laws, so a CA attorney will need to weigh in on this answer for the correct answer.
    Often unclaimed money which 'escheats' to the state when someone passes away, without beneficiaries or probate, is liquidated, taxes are withheld and the money which later passes to the family members who claim the money is not taxed.

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  • Is it legal to open someone's will and they have not passed away and give a copy to other siblings.

    I am the administrator of my father's will. He has not passed. My brother found hid will and has opened it and has it in his possession and has given my sister a copy of the will. Is this a violation to open this will and keep it and my father is ...

    Cheryl’s Answer

    It's definitely not ethical or moral to open someone's hidden will or distribute it without their permission. It also may legally be considered stealing, however getting the police involved is probably not a good idea. Justice is sometimes served when the person whose privacy was violated writes a new will reducing or eliminating the perpetrators' future interests.

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  • Do I have to hire a lawyer to remove executor for mishandling estate

    Parents left cousin over estate because they had his and her kids and wanted to be fare to all 8 kids. Cousin has ripped off estate of all money now we owe 2 years back property tax on 2 houses. Line of credit was not paid off, funeral for dad no...

    Cheryl’s Answer

    I would highly recommend that you hire an attorney. You absolutely need help and don't want to get more involved and personally responsible in an estate where the debt exceeds the assets.

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  • Are elder parent caretakers compensated in the state of North Carolina?

    I have become the caretaker of an retired elderly parent. they are partially disabled due to osteoporosis. I make sure they take their meds, ensure they are being fed, as well as pay the bills such as utilities, home upkeep, etc. Are care takers c...

    Cheryl’s Answer

    • Selected as best answer

    No, NC does not compensate children who care for their parents. However, a contract specially constructed will allow your parents to compensate you. Such contracts are called care agreements and if properly set up, the payments your parents make will not be counted against them if they later qualify for Medicaid. When you are employed under such a contract it is important to track, file and pay all employment taxes. Please see a skilled elder law lawyer.

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  • What options do we have our sibling passed with out a will and owned property with other people?

    My sibling owned property with 2 people and died with out a will. What options do we have? The other owner's said the sheriffs department is going to condemn the property. What's our legal obligation? Our parents or deceased. I have one living sib...

    Cheryl’s Answer

    You may own an interest with the other deed holders in the house, if you are the only living sibling and your brother didn't have a wife or children. Since the property is involved in condemnation proceedings and may have some value, you may need to hire an attorney to obtain permission to sell the property. If you are the sole heir of your brother, upon sale you would split the proceeds from the sal, after liens have been paid, proportionately, according to their deeded interests, with the other owners of the land.

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  • Is my house still insured?

    I am 53. In 2004 my widower father, with whom I live, had a Warranty Deed drawn up. He is the Grantor and I am the Grantee. The deed has a Special Power of Appointment allowing the Grantor a lifetime residency in the home. This October he died at ...

    Cheryl’s Answer

    In NC the house became yours the moment your father died. It's important to let the tax office know that your name needs to go on the tax bill and it's important to let the homeowner's insurance know to name you as the policy holder. Both of these things are pretty easy. If you don't do this and the house burns down, your deceased father is the beneficiary of the policy and that would cause a true mess.

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  • Irrevocable trust fund in nc

    Iam a beneficiary along with my sister of my grandfathers irrevocable trust he has for us. My father is the trustee, and I'm wondering how I can access the trust funds money? My wife has suddenly became ill with cancer, and medical bills are getti...

    Cheryl’s Answer

    I would recommend that you ask your father for a copy of the irrevocable trust so that you may have it reviewed by an attorney. A review will help you determine if there is any way to access the money to assist you during this difficult time.

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  • Will my father in laws property pass to his wife after his death last month?

    My father in law passed away last month without a will. He was a resident of Georgia. He was the power of attorney over property in Alabama that he and his three siblings inherited from their father when he died. All of the siblings names were o...

    Cheryl’s Answer

    The Power of Attorney is only valid when the person who created it is alive. It dies when they die. Every state has different laws, but most of the time when siblings inherit property together and one dies, the dead sibling's share follows the terms of his or her will, often going to his or her own family. The exception to this would be if parent's will left the property to the children joint with rights of survivorship, in that circumstance if one child died in the future it would go to the others.

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  • Details on reversing a permanent guardianship. In a healthy safe household.

    So i am wondering about revering my guardianship. I lived with my healthy aunt&uncle now im with my sister & brother in law who have permanent guardianship of me but i have grown despessed & am unhappy with the life style & i feel as if the lifest...

    Cheryl’s Answer

    Sometimes Guardianships can be changed or reversed. It sounds like you're very unhappy. Don't give up hope. If you need help immediately call 9-1-1
    I'm not sure of your age, but maybe you should call Orange County Legal Aid tomorrow
    919-545-0735 or
    Adult Protective Services
    Orange County Department of Social Services
    300 West Tryon Street
    P.O. Box 8181
    Hillsborough, NC 27278
    919-644-3005 FAX
    Director: Nancy Coston

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  • I entered mom's will into probate November 14,2014, and am too sick to finish it in time. Can I postpone closing it?

    I am executor and filed mom's will November 14, 2014. Only my sister and I inherit. She is struggling with cancer, as am I, and I have been too sick to do much this year. My sister has no problem with postponing, says she is planning to relinquish...

    Cheryl’s Answer

    You can advise the court of the situation and the clerks will likely work with you given your illness, but maybe it would make sense to hire a probate attorney to finish the estate, so you can focus on getting better. If your mom left an estate possibly an inheritance could make a huge difference in your life. The estate would pay for an attorney and the attorney can do the work and bring the estate to closure.

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