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Sabrina Winters
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Sabrina Winters’s Answers

66 total

  • Am I responsible for father's unpaid income taxes? There is no will.

    My father-in-law passed away in NY state 2 months ago. He left no will. His house has no equity in it and he has under $6K in the bank. We have not gone for Letters of Administration. We have sold his car for pennies and am working on selling the ...

    Sabrina’s Answer

    You need to immediately contact a probate attorney in New York to advise you on this. You personally are not responsible, but his estate is. The IRS usually is in most states at the top of the list of creditors to be paid. You do not want to disburse or transfer anything until you talk to an attorney. If you do, and there are unpaid income taxes that are required to be paid, you run the risk of having insufficient assets in the estate...you do not want to be in that position against any creditor with a valid claim...especially the IRS.

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  • How many witnesses are needed for a Durable Power of Attorney in the state of North Carolina?

    None

    Sabrina’s Answer

    The North Carolina statutes do not require at this time any witnesses to a Durable Power of Attorney. However, many attorneys will include two witnesses as well as a notary to the witnesses as a matter of practice. It helps to make the document portable to another state should the maker move to a state that requires two witnesses.

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  • What is the percentage for executor's fees in North Carolina?

    Estate is valued at just over $1,000,000.

    Sabrina’s Answer

    This depends on a few things. The Will may dictate how executor fees are paid. If it does not or there is no Will, the Clerk may allow up to five percent of the estate (receipts and disbursement). The Clerk is going to consider several factors in determining whether Commissions will be allowed and how much will be allowed. You would need to petition the Clerk of Court first before paying yourself any commissions.

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  • If someone dies and your the beneficiary of an account when can you get it out or does it have to go into the estates

    this is a cd

    Sabrina’s Answer

    In general, if there is an asset that has a person named as a beneficiary (such as a CD for example) all that would be needed is a certified death certificate to get the process started...to transfer it to the named beneficiary. I would be careful in cashing in a CD early; you may run the risk of losing the interest that has been accrued. Of course, each estate is different from the next and each institution has its own rules and regulations. You may want to just run all the details of the estate by an experienced probate attorney before you do anything, even cashing in the CD.

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  • If a will is made las vegas and father is deceased, mother is 85 years old and was told the will is not good here in nc

    she had only 1 son here in nc.

    Sabrina’s Answer

    Forgive me, but I am not clear on the actual question and whether it was an attorney that indicated the Will was not valid in North Carolina.

    Did the person who died die as a resident of Nevada? If so, then the Will would need to be probated in Nevada first.

    Did the person who died die as a resident of North Carolina and had a Nevada Will? If so, out of state wills may be accepted as valid here in North Carolina provided the Clerk of Court in the county where the person lived at the time of death accepts it as valid. The Clerk will review the Will to make certain that the North Carolina requirements exist. If so, then it can be valid. You may want to have it reviewed by a probate attorney with experience who can advise you on your specific situation.

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  • My husband and i have joint checking acct, upon his death do I have excess to this acct even though I am not his power of attorn

    I an not his power of attorney nor am I in his will his daughters are

    Sabrina’s Answer

    As a general rule,in North Carolina, if you own a checking account as husband and wife, then at the death of either one of you, the survivor will own the entire amount outright. Unless, this account was set up specifically without rights of survivorship; this would be something the bank can confirm.

    The Will can only distribute assets from your husband's estate that are in his name alone and which do not have a named beneficiary or joint tenant with rights of survivorship. Plus, North Carolina does not permit a spouse to disinherit another spouse. The surviving spouse has the ability statutorily to claim a certain amount of the estate.

    A power of attorney is no longer valid when someone dies. However, with the details you provided a power of attorney would not apply.

    I do recommend, however, that at the death of anyone, that the family consult with a probate attorney to make certain that you are advised specifically on each asset that is owned...before touching any asset.

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  • Can personal representative in a probate still get statutory compensation if the estate is insolvent?

    Estate is insolvent. I am the personal representative and I want the statutory fee because I put in a lot of work. Can I still get it? If so, where would the money come from?

    Sabrina’s Answer

    The fees that a fiduciary can receive are paid from the assets that are actually part of the the estate. If there are no assets in the estate then the fees would not be able to be paid. Having said that, the state where the person died would dictate the more specific rules for how these fees may or may not be payable.

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  • How do I find out if my grandmother's will has been filed or probated?

    My grandmother died 3/26/2012 and I need to know if her will has been filed or started because she has left assets to family in the will.

    Sabrina’s Answer

    You should first check with the Probate Department in the County where she lived. The first reason to check is that sometimes people will file their original Wills for safe keeping. The second reason is to check if an estate has been opened. If you were a beneficiary you would have already received a notice of beneficiary from the Clerk's office to advise you that you are a beneficiary. If there has been no probate opened, then keep searching for a Will. Look in her nightstand, her desk, in places that someone would keep important papers. If you have no luck, then contact a Probate attorney to discuss your options. You can still probate the estate of someone who has passed without a Will...it is called an Administration.

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  • What happens to property if not specified in a will?

    were told we would inheriet the house we currently live in but the will says to divide all equally among all. what are our legal rights?

    Sabrina’s Answer

    You have received some sound advice. The only thing I would add is to check the register of deeds in the County where the house is located to see whether the decedent made any changes to the ownership prior to death. This is probably a long shot. If the deed is still in the decedent's name then more than likely the home will pass to whomever is named in the Will. I would certainly have an experienced probate attorney read the Will, just in case there may be language in the Will to the contrary.

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  • DOES AN ATTORNEY HAVE THE RIGHT TO WITHHOLD INFORNATION REGARDING AN INHERITANCE.

    MY MOTHER WAS LEFT A PART OF AN INHERITANCE, SHE HAS PASSED AWAY SO ME AND MY SIBLINGS WILL RECIEVE HER SHARE, THE THING IS THAT THE ATTORNEY HANDLING THIS MATTER IS VERY SECRETIVE AND HAS NEVER DISCLOSED ANYTHING ABOUT THIS MATTER, SHE HAS BEEN R...

    Sabrina’s Answer

    First off, you are permitted to hire an attorney to represent you if you are a beneficiary of an estate. It seems as though this may be a good option for you since the attorney currently handling the estate may not be cooperating with you in the manner you expect her to. You will probably have to pay out of pocket. Secondly, you need to consider opening an estate for your mother since she has passed and because she was the beneficiary of an estate. Finally, are you 100% certain that you and your siblings are to inherit her share? Sometimes a will may dictate that a beneficiary has to survive a certain period of time in order to qualify to inherit. How long after did your mother pass? If you have more details share them and we can try to me more accurate in our assistance to you.

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