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Cheryl K. David

Cheryl David’s Answers

802 total

  • Regarding a Nursing Home Patient - Does a court appointed guardian or a designated Power of Attorney have precedence?

    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?

    Cheryl’s Answer

    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.

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  • MVR 317?

    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 ...

    Cheryl’s Answer

    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.

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  • Will a living will hold up in court once my mother passes away?

    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...

    Cheryl’s Answer

    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.

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  • Will I lose my Medicaid if I sell my home?

    I'm on disability and have Medicare and Medicaid in NC. I want to sell my home because I'm struggling financially and can't keep it up any longer. If I sell it can I gift the profits to a family member? Or do I need my brother to be my power of at...

    Cheryl’s Answer

    There are special trusts and strategies which can be utilized to protect assets. Please see a NC Elder Law Attorney.

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  • Can an inheritance of property with giving lifetime rights to grandson be refused?

    I have a disabled son that gets SSI and Medicaid and lives in a group home. He is constantly in trouble, but he is the apple of her eye. She is in poor health, but would like to make sure that there are provisions for him when she passes. I sus...

    Cheryl’s Answer

    There are Special Needs Trusts which specifically address the issues you mentioned. A Trustee is appointed to handle assets for the individual receiving benefits. Moreover, the assets are protected by the trust for the beneficiary and from being lost or counting against benefits which assist the special needs individual.

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  • Is a will drawn up in TX. legal and binding in NC?

    Retired in NC, will executed in TX.

    Cheryl’s Answer

    While I agree with the other answers which proffer that your out-of-state will can be used, I would recommend that you have an attorney review your will and your ancillary documents. Every state has different laws and documents.
    At disability and death it's much easier, potentially less expensive and generally better practice to have the documents recognized by your current State's medical providers and courts. Such documents are your Will, NC Durable Power of Attorney, NC Health Care Power of Attorney, NC Living Will and NC HIPAA.

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  • Duties of Executrix

    My wife is the executrix of her father's estate, Her sister is alternate executrix. The will Specific Bequest my wife & her sister have one half undivided interests to each all rights to the house. Tenants in Common. My father in law who is the so...

    Cheryl’s Answer

    Based on the law in NC regarding oral wills, Decedent's death bed wishes don't appear to create a binding will.
    Here is the statute.
    § 31-3.5. Nuncupative will.
    A nuncupative will is a will
    (1) Made orally by a person who is in that person's last sickness or in imminent
    peril of death and who does not survive such sickness or imminent peril, and
    (2) Declared to be that person's will before two competent witnesses simultaneously present at the making thereof and specially requested by the
    person to bear witness thereto. (1953, c. 1098, s. 2; 2011-344, s. 8.)
    Therefore, unless the statements met the above legal requirements, the written will stands and the terms of that will which divided the land between the decedent's two daughter's will likely be upheld.

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  • Can I see daughter's paternal grandparents' wills?Her father signed her 1983 birth cert., Paternal GF died NC 1984,GM NC 2014

    Look up wills of daughter's paternal grandparents no divorce or remarriage. Her father signed her 1983 birth cert, we were unmarried. I never married. Since she was only grandchild at paternal grandfather death in 1984 and paternal grandmother pa...

    Cheryl’s Answer

    If your daughter's biological grandmother left a will it is unusual for the will to have an open bequest to all grandchildren, but if she did and if it can be legally proven that your daughter is her biological grandchild and if the estate hasn't been distributed, which is unlikely and if the statute of limitations hasn't expired, then possibly your daughter may inherit, but again this is highly unusual.
    However, when her father passes, like "Prince"and dies without a will or a will that leaves his estate to his children or per stripes, then she may have a better claim to some of his money.
    It sounds like it may be an idea to let your daughter's father and your daughter know about each other and let them decide the next legal steps to establish paternity. Signatures alone won't establish paternity.

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  • Is there any way to find out exactly how much money was in my father's estate and what was done with all of it?

    My Father passed away several years ago. My brother and I feel that the lawyer for his estate either kept or did something with the majority of his money.

    Cheryl’s Answer

    In NC the estate typically goes through probate when someone passes unless there was a trust, joint accounts or beneficiaries named on assets. The portion of the estate that goes through probate is kept at the Courthouse in the county where your relative lived so you will be able to go up to Courthouse and get a copy of his estate file.

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  • If my stepdad were to die without a will before his share is distributed, would his new wife benefit from my mothers death?

    My mother passed away and I have a lawsuit pending concerning that. I am the administrator of her estate. My mother was married to my step dad and they had no children together. I was my mothers only child. My step dad has since remarried.

    Cheryl’s Answer

    In NC your step dad's share of your mother's estate would go to his estate if he dies before receiving a payout. If he dies without a will his share of your mother's estate will be distributed per law to his legal heirs. His wife would be one of those heirs.

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