Archived
How do I go about removing a family member who was appointed power of attorney and a accountant from a will.
Dennis's answer
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Answered on February 25, 2015
Assuming this is a North Carolina estate administration, you should find in the public records the Executor's Inventory required to be filed 90...
Archived
How are monthly payments treated as far as taxes?
Dennis's answer
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Answered on February 25, 2015
By this, I'm presuming that you're saying that he had sold real property, and kept a note and deed of trust. The promissory note is an asset of the...
Archived
If a second mortgage has NOT been satisfied. Can the kids of the deceased parents be able to sell the house?
Dennis's answer
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Answered on February 17, 2015
Yes, the house can be sold by the children (presuming that they are the ones who inherited the house). The second mortgage will be satisfied from...
Archived
Real Estate
Dennis's answer
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Answered on February 16, 2015
You're right this is complicated. This involves family law (rights of a spouse), with real estate (the house) and estate planning (what happens...
As the executor of a will can I write an advance to the beneficiary?
Dennis's answer
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Answered on February 16, 2015
Yes you can make a partial distribution. You should have the beneficiary sign a receipt and refunding agreement. Even then keep plenty of reserve...
Archived
Will gifting of assets affect the evaluation of the maximum assets allowable limit to receive VA spousal survival pension?
Dennis's answer
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Answered on February 13, 2015
The general rule of thumb would be that you're correct as to the current rules for VA, for a married couple. I would suggest a lower amount for the...
Archived
If my father passed away on 1-16-15 is their a time limit in which I need to file to become administrator of his estate?
Dennis's answer
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Answered on February 13, 2015
If there is a Will, the Executor named should apply within 60 days, although the Clerk may shorten the time frame. If there is no Will, then you...
Archived
How can I protect my father's house from a 5-year look back period?
Dennis's answer
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Answered on February 12, 2015
A sale for a dollar is a gift, and would be a problem if your dad needs Medicaid. There are definitely ways to protect your father's homesite, and...
Archived
My parents had a revs mortgage. We lived with my dad until he passed 11/16/14. What are our rights how much time do we have.
Dennis's answer
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Answered on January 27, 2015
I'm presuming that your dad was the surviving parent. Reverse mortgage terms require repayment of the loan upon the last owner's death (your...
Archived
How much money can a married woman age 76 have in her name and still receive Medicare and medicaid assisted living help?
Dennis's answer
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Answered on January 15, 2015
Medicare does not have an asset limit but it does not hep to pay for assisted living care. Medicaid for assisted living is called "Special...
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