I live in North Carolina which is not a common law state. I'm the benificary on his life insurance but im not sure about on his bank account or 401k. He has grown kids that wants to get there hands on all his things. What right do i have.
I'm sorry for your loss. Death is very difficult especially when people are going through your home. It's great that you're named as a beneficiary on the life insurance. However, since you were not married and live in a state that doesn't recognize common law marriage you are not legally entitled to anything else in your intended's estate, unless he named you as a beneficiary similar to the life insurance policy or you were named joint on accounts with survivorship rights.See question
My mom recently passed away back in July of this year and left a certain amount of money to be divided equally between myself and my two brothers. Being I'm not the oldest, I wasn't the beneficiary and come to find out it was a will written and sp...
If there was money in the estate which wasn't in a joint survivorship account or an account which named your sister as the beneficiary then the will would have been probated in order to access the account. Once probated, after estate expenses like final medical and funeral expenses and legal debts your mom may have owed, the rest would have divided equally according to her wishes.
Most of the time when I'm asked this question the account named the child who got the money. When this happens that child legally receives all the money and they usually don't share it with the other children unless they feel morally compelled to do so.
Jamar is my child's father. Because he has some issues and gets ssi I think his mom is his guardian. well over all his stuff.
I'm not sure what you're asking from the way your question is phrased, but I'm going to assume that you and Jamar have a mediation schedule for this week and that his mother is his legal guardian because he is incompetent. If Jamar is incompetent then he will not be able to participate in the mediation. Jamal's mother does legally step into his shoes and she may show up for the mediation, but the court will need to get involved and provide approval before someone under a guardianship is allowed to pay out support.See question
My mothers house has not yet been sold, I am terminally ill. if I die before this is settled would my wife or my son get my part of the money
Your will defines who gets your inherited interests or if you don't have a will such interest will be determined by law. I would recommend you get a will done so that you can choose what happens when you pass away.See question
My brother who is the executor keeps saying that our fathers ex-wife who's name is still on the deed gets half and the four kids are to split the rest. The will states that everyone was intentionally left out except me and my three brothers. And t...
When a husband and wife are on a deed in North Carolina the property typically goes 100% to the surviving spouse, regardless of what the will states. The deed language takes precedence over the will. The terms of the will may relate to the rest of the property in your dad's estate, however any accounts owned jointly with his wife typically go 100% to the wife for the same reason as the deed to the house.See question
Life insurance required that deceased insureds medical records be sent as part one of the requirements to filing a claim. If all information has been received by them, how long does it usually take to come to a decision. ...
It takes time to gather medical records from every care provider. At one month I would call the company and ask how the process is going and whether they have the required records and how long they anticipate it will take before a decision is rendered. Be sure to get that person's name, number and extension. Call that person back one month later and ask the same questions. If they don't have all of the records ask if you can help. Past that if they don't have the records and can't give you a definite date on a decision and you're not feeling good about the progress call the Insurance Commission. In NC, it's called The NC Department of Insurance and lodge a complaint. Finally, if you get no results hire an attorney.See question
left will, I am only child, mobile home goes to me and everything else. I also have poa, and I am the executor of his will. Can I show these documents to get mobile home transferred to my name in north carolina
You will need to take the will through the court process known as probate before a transfer of title may occur.See question
I have an Aunt residing in a nursing home with a court appointed Guardian that we believe is neglecting her. My Mother just found a Power of Attorney drawn up and registered by my Aunt . Can my Mother rescue my Aunt?
Typically the Guardian trumps the POA, but there are different types of guardians. There are guardians of the property and of the person. If a guardian is not acting appropriately then there are legal ways to have the guardian removed and another guardian appointed. I would recommend that your mother schedule an appointment with an attorney to determine the best way to help your aunt.See question
My brother was "legally" married but hasn't been with his wife in over 8 years. In fact, she lives with another man. He has one son. His life. My brother died intestate. He had life insurance through work but didn't know and therefore didn't ...
Even if an MVR 317 works the vehicles will likely go to your brother's wife. You get the MVR 317 forms from the DMV Office.See question
My father passed away 4 yrs ago. Since then my mother has developed Alzheimer's and is going down hill fast. I have medical power of attorney, and hired an attorney to put everything in my name and in a trust along with a co-trustee. I've been wai...
I think you mean a living trust. People often ask about a living will when they mean a living trust. A living will is a document which lets others know your wishes for being kept alive by artificial means. Whether or not your mom can do estate planning depends on her competency. If she is competent a living trust may be a good option. If she's not legally competent then new documents may not be possible. I would recommend that your mother contact an elder law attorney to discuss her options.See question