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My sister in law came to live with us when my mother in law died. She is blind and retarded. She pretty much just sits in a chair all day. She needs a timer to tell her to go use the bathroom. She needs help bathing, dressing and her meals prepare...
I concur with the other answer, but I would recommend that you get an attorney to assist you through this process instead of trying to do it alone.See question
Trying to close the estate
To clear title on the house a probate is recommended. While you don't have to hire an attorney to probate your mother's estate, I would recommend you consider it. Probating a matter yourself can be daunting and often more than just a person's house needs to be probated.See question
My mom passed away back in May and I was her executor. Before she passed she asked us to check into the asbestos law suits because she could very well have been exposed. We entered into litigation with a law firm after her chemical tests came back...
As stated by the other attorneys the EIN/TIN is different than the social security number. You can go online with the IRS to obtain the number. However, in many such estates where a settlement is imminent it's best to have an attorney open up an estate for proceeds that will flow into the estate. Ask the Litigation Team if you should hire an attorney to open the estate and whether they are already working with a NC attorney who can assist you. Typically as part of their service the attorney will procure the TIN number for you.See question
Original beneficiary is in his 90s and in hospice care. He is unable to make financial or legal decisions. Who becomes the beneficiary? The incompetent relative's estate or me?
The Contingent Executor is not a Beneficiary. The Contingent Executor is 2nd in line to handle the administration of the estate through the probate process. The Beneficiary is the person who receives a bequest in the will. Unless you are named as a beneficiary you won't receive anything. Since the 90 year old was alive when the person who named him passed, he or his estate will likely receive the bequest left to him. If he is not competent then his Power of Attorney will handle the money for him. If he doesn't have a Power of Attorney then a Guardianship may be necessary, but you won't likely be the Guardian for this man unless you are a close relative of his.See question
I have power of attorney over my mom's affairs. A relative of mine would prefer to have it. Can this person unilaterally get a power of attorney and invalidate mine without giving a reason why?
Your mom is the only one who can sign a Power of Attorney. She would need to revoke her previously filed POA naming you, before filing a new POA naming someone else.
Only a POA filed at the Court is legally effective.
Moreover, a person must be competent before executing a POA.
He has a will, but when he passes I will need to take care of his funeral arrangements and pay for them Help Help
I agree with the other answers and proffer another solution. I recommend that you and your brother make all of these arrangements together, with a funeral home, before he passes, then at death everything is already in order.
Also, in the NC Health Care Power of Attorney he may select you as the person who orchestrates all of these decisions, so make sure your brother goes to a lawyer who handles Powers of Attorney and Wills to get all of his ducks in a row.
My mother is 92 and is being to show signs of dementia, and some physical limitations>She still lives alone, and my brother and sister feel this is not a safe or healthy environment for. I have her legal POA. We have offered to take her into...
A Guardianship of the Person and Guardianship over the Property will be needed.
I suggest you hire a lawyer to assist you and your siblings to help obtain Guardianship.
This process will require Court Filings, Service by the Sheriff, Appointment of a Guardian Ad Litem for your mom, multi disciplinary evaluations and a Hearing or multiple Hearings at the Court House.
It's a serious procedure in the United States and NC to take away someone's rights to make their own medical and financial decisions and it is best to hire an attorney.
I signed power of attorney over to family when I was 21, I'm now 45 and living in a different state. I'm wondering if that power of attorney is still active. It was a mistake in doing so in the first place but I was young and didn't know better. I...
You may revoke your old Power of Attorney if it was ever filed. Check with the County Court where you lived when you were 21 and see if it was filed. If it wasn't try to find the old one and destroy it. If it was ask the clerk how to revoke it in that State or hire an attorney in that State to file a revocation.
As an aside, It's so old that many financial entities won't rely on it, but to be safe take the necessary steps. Then have a new POA drafted by an attorney and have it filed at the County Court House in the County you are living. Each State has different documents and different rules. Moreover, not all POA's are the same and it's important to have a POA with all the necessary powers you may need should you become unable to handle your financial affairs.
I had a Last Will which had 3 witnesses and notarized properly in 1988. I live in NC. But, I was told it is not legal, and the Last Will should be done by an attorney. Which is correct ?
In NC a non-attorney drawn will is legal if it meets certain qualifications. However, if the will doesn't meet such qualifications or if it isn't drafted correctly the consequences may result in the court rejecting the will or your family dealing with mistakes which could have been avoided.
A few weeks ago our office probated a handmade will where the decedent accidentally disinherited his wife.
My dad is 71 and has dementia. Right now he's in the hospital due to he can no longer walk or use his hands. His doctor says the only reason he can not do these things is because he has forgotten how to. However, he thinks he's fine. My parents...
Often people with dementia think they are fine and resist the notion of having a Guardian appointed. However for the sake of the health, safety and financial wellbeing of your father and your mother who is being affected by his incapacity, it's likely time to see an Elder Law Attorney and start the Guardianship process.
Alternatively, if the dementia has not yet rendered him fully incapable there may still be time for your dad to appoint an attorney in fact to handle his finances under a document called a Durable Power of Attorney.
Again, it's important for your family to seek counsel from an Elder Law Attorney.