Archived
I would like to buy a headstone for my mom grave but l didn't buy the gravesite will l be allow by cemetery.
Michael's answer
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Answered on December 19, 2017
First, check with the cemetery. Second, check with the person who paid for the gravesite. Third, check with the Probate Court to see if you can...
Archived
So my question is as her executor and child will I be excluded her estate property?
Michael's answer
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Answered on December 19, 2017
The answer depends on an examination of the pertinent documents. Is it a Trust or is it a Will? I suggest you sit down in a face-to-face with an...
Archived
My son has a trust fund that he's supposed to receive on his 18th birthday?
Michael's answer
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Answered on December 19, 2017
If your Son is approaching 18 or has passed it, ask the Trustee to provide an Accounting and make the Distribution. If asking doesn't work, have...
Can I force my sister to show me and my brother the books and have an audit/accounting done of our Moms estate?
Michael's answer
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Answered on December 19, 2017
Yes of course. The Trustee has a Fiduciary Duty to the Beneficiaries and normally, Trust documents require transparency in the form of annual or...
Archived
Is it will be effect my medicaid qualifications if I will put in my home deed my daughter name?
Michael's answer
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Answered on October 30, 2017
There is a 'Look-Back' period that applies as to qualification and disqualification. Sit down with an experienced Elder Law attorney to discuss you...
Is there a statute of limitations for Medicaid estate recovery in North Carolina?
Michael's answer
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Answered on October 30, 2017
Medicaid Rule In each state vary a bit. Timing is what is important here. As my colleague states, if the transfer was made before the 'Look-Back'...
Archived
My daughters aunt and uncle have permanent custody over her but they have not played an active part in her life for years
Michael's answer
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Answered on October 30, 2017
Since she is a minor and you are the parents you have standing to request the Family Court or the Probate Court to intervene. Have your lawyer...
Archived
How can I find out where my trust fund is?
Michael's answer
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Answered on October 30, 2017
Have your attorney contact her by letter with a request / demand that information be provided to you. You can always ask the Probate Court for an...
Can I handwrite a change to the health care directive in our living trust?
Michael's answer
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Answered on October 30, 2017
Your smartest move would be to sit down in person with an experienced Trust attorney. Review the current documentation and then discuss the change...
Am I allowed to get a copy of the will if my minor son is listed in it and what can I do to make sure my son's trust gets set up
Michael's answer
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Answered on October 30, 2017
The executor has a Fiduciary Duty to FOLLOW THE INSTRUCTIONS. Whether she likes or dislikes the instruction has no bearing on her duty to follow...
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