Archived
Is it common practice for an estate attorney to charge an additional fee to an individual while executing the will and trust?
Patrick's answer
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Answered on July 26, 2015
As decedent's only child, it could be that the individual is the "residuary" beneficiary, and all of the others are receiving specific bequests. ...
Archived
Will and lifetime rights
Patrick's answer
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Answered on July 03, 2014
You might have inchoate rights in the property. Additional information is needed, such as, how was the property titled before he signed over...
Can the executor of an estate sell the property without consent of the other heirs?
Patrick's answer
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Answered on July 03, 2014
Because there are general rules and exceptions, you definitely should consult a lawyer. That being said . . .
Real Estate typically cannot be...
Archived
I am the only child and Executor in mother's will. My daughter gets house; I get the rest which I want to go to my daughter. Can
Patrick's answer
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Answered on July 03, 2014
As you can see from the other answers, yes, you can transfer assets to your daughter. One option is a qualified disclaimer. This can be tricky,...
Archived
Is the debt to the bank subject to being paid by life insurance policies once the owner is deceased?
Patrick's answer
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Answered on February 11, 2014
She likely had no requirement to pay off the remaining mortgage with the life insurance proceeds, however, as a co-debtor, the bank might have a...
Archived
Have an estate planning question. Am attorney. Have a client who is a US Citizen. She has a same sex partner in Canada.
Patrick's answer
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Answered on February 09, 2014
Yes, "Client" can make a Will in NC. Is she paying taxes in NC? Sounds like she should be.
Any US citizen or resident can give anyone in the...
Archived
How can i revoke a power of attorney
Patrick's answer
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Answered on March 07, 2010
If it has not been recorded with the Register of Deeds, a power of attorney can be revoked simply by destroying it, or be executing a new one. ...
Archived
What is the procedure for catching up on back taxes owed
Patrick's answer
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Answered on January 05, 2009
This answer does not create an attorney-client relationship. FInd the money and get the returns prepared. Then file them. Then prepare to file...
Archived
Estate planning
Patrick's answer
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Answered on January 05, 2009
Maybe. It depends on a lot of things. Here in NC, it would depend on whether there is a Will. If so, it would go how the Will goes. If not, it...
Archived
Keeping Inherited Money as a Non Marital Asset while paying income taxes while married
Patrick's answer
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Answered on December 10, 2008
This answer does not create an atttorney-client relationship.
The distribution is likely 100% taxable income, exceptions would be for...
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