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Cheryl K. David
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Cheryl David’s Answers

690 total


  • I need a lawyers advice. About assets. When a family member goes to the nursing home. How does he get on Medicare.

    My uncle is 73 has to go to a nursing home. His house is paid off, car paid off , about 6000. In checking. Im in his will i get everything. how can I keep his house . I was told he could get medicade and still keep the house, car and below 2000.0...

    Cheryl’s Answer

    You are referring to Medicaid and asset protection, not Medicare. He already has Medicare.
    A qualified Elder Law attorney should be able to promptly qualify him for Medicaid immediately and preserve the house.

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  • The executor is bleeding the estate dry. What actions can I take?

    Dod 5/1/14. A second attorney has been hired and is being paid for by the estate. Both attorneys have been instructed not to speak with beneficiaries. Estate funds are being used to pay for day to day living expenses. There is no communication at ...

    Cheryl’s Answer

    Often beneficiaries hire their own attorneys to represent and preserve their interests. You must hire an attorney in the state where the person died, not your home state.

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  • How can I get the income from my farm in my name, when my mother has "life time rights"?

    The income is to much by a $1000 for medicare and medicaid to pay for rest home.

    Cheryl’s Answer

    It really depends on the facts. An elder law attorney will be able to look at the income and expenses and see if either of them can be offset, effectively reducing the income so that your mother qualifies each month.

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  • Can I get guardianship over my cousin?

    My Cousin Passed Away And I Want To Get Guardianship Of Her 9 Year Old Son, who is biologically my 2nd cousin. Currently, The Child Lives In Florida And His Grandmother Has Emergency Guardianship. How Can I Get Guardianship In NC Over The Child? D...

    Cheryl’s Answer

    I would recommend that you first get letters from the father and grandmother and then visit with a NC Family Law Attorney or Estate Attorney who handles Guardianships for Minor Children, to take you through the NC Guardianship Process.

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  • What is the time requirement to publish a notice to creditors of a deceased person in North Carolina?

    The will has been filed and the estate is being handled by affidavit of collection because it is less than $20,000. Thank you for your help.

    Cheryl’s Answer

    • Selected as best answer

    In the rare instances when the estate is under $20,000 and a small estate affidavit is used, notice to creditors does not have to be issued.

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  • I need a good lawyer for wrongful death. Can you recommend one in Greensboro,N.C.?

    My Mom was found dead on her kitchen floor by her boyfriend of 30 years. I strongly feel that he neglected to give her immediate help. He heard her fall, saw her laying on the floor, heard her gasping for air or gurgling and didn't help her. In t...

    Cheryl’s Answer

    AVVO Attorneys don't recommend attorneys but encourage you to ask questions and research the 220,000 attorneys that can assist you. Read their ratings, answers to questions and client reviews.
    I'm sorry about your mom's death and the strange circumstances surrounding her boyfriends apparent behavior. This may also be a criminal action and most likely you will also want to contact a probate attorney to handle her estate.

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  • What is the difference between a Living Will vs. Living Trust

    I am trying to compare or understand the difference between having a Will package prepared or a Trust package

    Cheryl’s Answer

    A Living Will is the legal document which declares your intent to be kept alive by extraordinary means. A Living Trust is a legal contract which designates how you estate should be run if you become disabled or how you want things to be distributed when you're gone.

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  • I have been appointed Administrator CTA to an Estate. The Estate has property that people have made offers on.

    What is the process of selling the property?

    Cheryl’s Answer

    I would recommend hiring an attorney. When appointed Administrator CTA you are compelled to follow the will and the NC Statutes regarding the sale of the real estate. Failure to handle the administration correctly could result in personal liability.
    The will may have explicit directions about the sale and you would not want to sell the property if such is not legally allowed, especially if the property is supposed to go to another person or entity.

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  • Does a Durable Unlimited Power of Attorney and Health Care Power of Attorney have to be typed? All we did was fill in the blanks

    We got witness and signatures and notarized I bought the forms at a Office Max..

    Cheryl’s Answer

    You may fill in the forms in ink, but be cautious of blanket forms. Every State has different Powers of Attorney. Having the wrong form could be costly when the time comes that you need it.
    For instance, if we're worried about protecting some to the estate should a person become ill, we have language which would allow us to do this planning. This isn't in the blanket form. There is a reason attorneys go to law school, spend countless time and energy studying the law and take the Bar Exam in each State they practice.
    Please don't be penny wise and pound foolish.

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  • How do I prove a forced will?

    I was incarcerated at the time and my grandmother left the house to me however her daughther who is disabled gave her more morphine to make her hallucinate and made her change her will

    Cheryl’s Answer

    I would recommend that you hire an estate litigation attorney and see if the facts indicate that your grandmother didn't have capacity when she changed her documents. If so, maybe you will receive the interest you anticipated.

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