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the Husband pasted away and has a will for everything to go to his wife and the executer needs to get a letter testamentary to have a car and other items changed ownership to execute the will.
The named Executor will need to take the original will along with other documentations to the Clerk of Court in Wake County to open an Estate. The Will will indicate if the Executor is required to be bonded or not. The Letter Testamentary is only issued by the Clerk of Court once the Estate has been properly opened. An attorney does not "write" a Letter Testamentary. That is the authority given the Executor to act on behalf of the Estate. I would suggest you consult with an attorney so that you have the legal guidance to navigate the process correctly.See question
How do you make a revocable living will? What does that mean and do I need a lawyer to do it?
A revocable living trust is a document that is created to do several things, one of which is to distribute your assets when you pass away. It is an alternate planning method to establishing a Will. You definitely should not attempt to draft one on your own and seek the legal guidance of an attorney.See question
My grandmother passed away (lived in my) and left myself and my three siblings as beneficiaries of her estate. The estate in finished and about to be distributed, and my oldest brother (lives in nc) passed away unexpectedly recently. I am the...
I am sorry about your brother. What I would first do is look to your grandmother's will to see if the Will addresses a beneficiary passing away within a certain amount of time after her passing. If it is outside the dictated time frame them it passes via your brother's estate. Your brother's distribution would pass either via what his will or trust dictates or it will pass intestate...North Carolina's statutes dictate who inherits then. It would be well worth your time and money to consult with an attorney to assist you at this point.See question
Social Security direct deposited the monthly amount into my mothers account after she died before they knew. Since she died before the end of one month. Social Security has not retracted that money. Legally can I just write them a check to give i...
The social security payment that is paid is payment for the preceding month. The recipient must survive the entire preceding month for the payment not to have to be returned. For example, if someone died June 3rd then the July payment will need to be returned because the decedent died prior to the end of June.
If the payment is made electronically, Social Security will take back the payment electronically. If you pay by check you are running the risk that you may actually be paying double back. A phone call to Social Security will confirm your next steps.See question
My modest home is the main asset that I have to leave to my children. I am concerned that I might have to sell it should I need nursing home care at some point. I have enough money coming in each month from my Social Security and Retirement ch...
A Living Trust does not protect your assets in any way from creditors. You need an Elder Law attorney to evaluate your assets and income and marital status to determine what the best plan is for your personal situation. This plan may include numerous options. Medicaid planning is very complex to handle it without the assistance of an Elder Law Attorney.See question
husband and wife retired, update wills need phone contact number.
If you search avvo.com you will find many qualified attorneys to assist you with your needs in your area. Do your due diligence on whom you think your best choice is before you call. AVVO.COM is a good place to start your search. You are welcome to read more about my services; a link has been provided for you.See question
Deeds in OK heirs live in NC
If you are asking how to pass on the ownership rights of the OK deeded mineral rights, it depends on the statutes of OK. Who gets it depends on whether there was a Will or not.See question
You will need to share more details. It depends on how the home is currently owned. I know you said you owned it, but do you own it alone? And, it is also important to know whether you have any Estate Planning documents in place such as a Will or Trust.See question
Interested in guiding her in what she should do regarding her property & will. I know the answer will be to see a lawyer but I thought if I could prep her for the meeting, it would be beneficial.
I am sorry to hear that about your friend and her child. You are correct; I would recommend that she speak to an attorney with experience in Estate Planning. It is that attorney's job to discuss with your friend what her options are and create an Estate Plan that reflects her needs and wishes. Explain to her that without putting her wishes in writing her estate could end up being distributed according to who North Carolina says should receive it...pursuant to North Carolina Statutes. If it is important to her to dictate who receives what and when and discuss other issues, getting it in writing now is important.See question
My lawyer copy and pasted my will from another will and changed terms to fit my needs then charged me $200. Is that fair? It took him like 30 minutes.
Most attorneys that are experienced with Estate Planning, and don't just dabble in it, would never prepare a will in that manner. May I ask you how you know that he copied and pasted from another person's will? If I were you I would not feel comfortable in that document and would absolutely seek the assistance of an experienced estate attorney that can prepare a proper document for you...ASAP!See question