Archived
Regarding a Nursing Home Patient - Does a court appointed guardian or a designated Power of Attorney have precedence?
Cheryl's answer
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Answered on August 14, 2016
Typically the Guardian trumps the POA, but there are different types of guardians. There are guardians of the property and of the person. If a...
Archived
MVR 317?
Cheryl's answer
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Answered on August 11, 2016
Even if an MVR 317 works the vehicles will likely go to your brother's wife. You get the MVR 317 forms from the DMV Office.
Archived
Will a living will hold up in court once my mother passes away?
Cheryl's answer
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Answered on July 28, 2016
I think you mean a living trust. People often ask about a living will when they mean a living trust. A living will is a document which lets others...
Will I lose my Medicaid if I sell my home?
Cheryl's answer
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Answered on July 28, 2016
There are special trusts and strategies which can be utilized to protect assets. Please see a NC Elder Law Attorney.
Archived
Can an inheritance of property with giving lifetime rights to grandson be refused?
Cheryl's answer
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Answered on July 28, 2016
There are Special Needs Trusts which specifically address the issues you mentioned. A Trustee is appointed to handle assets for the individual...
Archived
Is a will drawn up in TX. legal and binding in NC?
Cheryl's answer
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Answered on July 17, 2016
While I agree with the other answers which proffer that your out-of-state will can be used, I would recommend that you have an attorney review your...
Archived
Duties of Executrix
Cheryl's answer
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Answered on July 17, 2016
Based on the law in NC regarding oral wills, Decedent's death bed wishes don't appear to create a binding will.
Here is the statute.
§ 31-3.5....
Archived
Can I see daughter's paternal grandparents' wills?Her father signed her 1983 birth cert., Paternal GF died NC 1984,GM NC 2014
Cheryl's answer
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Answered on May 21, 2016
If your daughter's biological grandmother left a will it is unusual for the will to have an open bequest to all grandchildren, but if she did and...
Archived
Is there any way to find out exactly how much money was in my father's estate and what was done with all of it?
Cheryl's answer
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Answered on May 21, 2016
In NC the estate typically goes through probate when someone passes unless there was a trust, joint accounts or beneficiaries named on assets. The...
Archived
If my stepdad were to die without a will before his share is distributed, would his new wife benefit from my mothers death?
Cheryl's answer
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Answered on May 20, 2016
In NC your step dad's share of your mother's estate would go to his estate if he dies before receiving a payout. If he dies without a will his...
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