ELDER LAW QUESTION?

1. A Guardian ad Litem does not have authority to consent to medical procedures, only a guardian of the person. 2. From your information, which...

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What happens if estate is overridden by debt? Are beneficiaries liable for the debt?

Beneficiaries, as Attorney Holcombe pointed out, are not responsible for debts. However, the assets which are gathered in the estate are what are...

I agree with Attorney Love; in NC when a married couple buys real estate, it is automatically held as Tenants by the Entirety, which means by the...

Can I purchase my home after my husband died without a will? There is still a mortgage but is not in my name.

In the state of North Carolina, if a husband and wife purchase property together, it is automatically titled in the couple as tenants by the...

What does it mean to petition the court for legal guardianship of an adult?

Attorney Love is correct. I assume your brother is an adult. If there is not a court order from Special Proceedings a) adjudicating an adult...

Anyone can file a Motion in the Cause for Restoration of Competency. If your boyfriend is not able to leave the facility, you could file one on...

Person dies without a will. Only debt is $50,000 mortgage on a $150,000 valued house?

My colleagues are correct. However, I invite your attention to NC law regarding real estate: “The title to real property of a decedent is vested...

If your mother has dementia, it is unlikely that she has testamentary capacity to change her will. If this other person who you indicated is your...

From the information you gave, It appears that the will did not specifically say that you were to inherit even in the event of divorce. North...

What happens if a beneficiary have died and is on a deceased policy?

I agree with Attorney Malone's assessment. Once a personal representative is appointed for your father-in-law's estate, chances are better that...