I need to set up an Irrevocable Trust so I can start the process for filing for a VA Aid and Attendance Pension for my dad. Is setting up this sort of trust state specific? If I can do this without traveling back and forth it would be a great he...
Ms. Timiney is correct. I would just add that there are several North Carolina Estate Planning attorneys that are also licensed in South Carolina that can assist you. I would caution you making certain that you retain an attorney that is experienced with both VA benefits as well as Medicaid planning. Often times, both need to be done. Good luck!See question
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 ...
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.See question
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.See question
Estate is valued at just over $1,000,000.
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.See question
this is a cd
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.See question
she had only 1 son here in nc.
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.See question
I an not his power of attorney nor am I in his will his daughters are
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.See question
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?
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.See question
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.
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.See question
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?
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.See question