Questions answered by Cheryl K. David

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What is NC law for selling property of someone with living rights while they are alive?

Cheryl's answer | Answered on November 26, 2009

Selling a house in which your mother has a life interest will effect your mother's Medicaid status and cause her to self pay the portion of her...

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Could my daughter who is not married, in her will leave custody of her child to me.

Cheryl's answer | Answered on November 26, 2009

Your daughter may name you as guardian of her child in her will. However, if the child's father is in the picture and has legal custody rights, the...

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My aunt died 2 yrs ago & left me in charge in her will. The bank owns her house but the city is billing me for uncut grass.

Cheryl's answer | Answered on November 24, 2009

Based on the fact that you are being billed, I think a few things have taken place which haven't been resolved. First, it appears your Aunt did...

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Bought 2 houses one for daughter and 1 for son left in my name would like to put them in their names how do I do this?

Cheryl's answer | Answered on November 24, 2009

There are several ways to accomplish your desire to give your son and daughters the houses you bought for them years ago. One way is to make...

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How is probate handled when the estate passes to the son and daughter and not the wife?

Cheryl's answer | Answered on November 24, 2009

In NC, if your father left the property to you by will and you are the personal representative of the estate, then you have an obligation to take...

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I am the executrix of an estate and a car is involved that is not fully paid for. Can the estate make the car payments/

Cheryl's answer | Answered on November 24, 2009

I would suggest that you contact the company that holds the note on the car and advise them that the owner of the car has passed away and you are...

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Can we obtain POA over parents?

Cheryl's answer | Answered on November 20, 2009

When both parents are older and they don't have the capacity to draft a power of attorney, I would recommend that you seek guardianship. Your...

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My father revoked my brothers POA and has since passed my brothers still is using it what can I do to stop this.

Cheryl's answer | Answered on November 20, 2009

A power of attorney is only active while a person is living. I would recommend that you go to an attorney and open your father's estate as an...

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How do I find out if my sister has a POA?

Cheryl's answer | Answered on November 20, 2009

Many legal documents are now posted on the web. Do a search in the county where your sister resides and see if her power of attorney has been...

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Is it against the law to have a person move in with you who is 21 but her mom says thats she has the power of attorney over her.

Cheryl's answer | Answered on November 20, 2009

The 21 year old can make her own decisions and enter into a contract if she has legal capacity. If the young lady is competent and has a power of...

Cheryl K. David's Answers (1038)

What is NC law for selling property of someone with living rights while they are alive?

Could my daughter who is not married, in her will leave custody of her child to me.

My aunt died 2 yrs ago & left me in charge in her will. The bank owns her house but the city is billing me for uncut grass.

Bought 2 houses one for daughter and 1 for son left in my name would like to put them in their names how do I do this?

How is probate handled when the estate passes to the son and daughter and not the wife?

I am the executrix of an estate and a car is involved that is not fully paid for. Can the estate make the car payments/

Can we obtain POA over parents?

My father revoked my brothers POA and has since passed my brothers still is using it what can I do to stop this.

How do I find out if my sister has a POA?

Is it against the law to have a person move in with you who is 21 but her mom says thats she has the power of attorney over her.