Lawyers, Answer Questions  & Get Points Log In
North Carolina Elder Law Questions & Answers
1 Answer | Asked in Elder Law for North Carolina on
Q: My house was in reverse mortgage. My daughter & husband moved in with me. Daughter was to inherit the house.

Daughter wanted it out of reverse mortgage.

Asked me to sign a paper to do so. I did,after much

Badgering! Only to find out later it was a quit claim deed that I signed!

Her husband has now evicted me! Do l have any rights ?

They have all household goods also.

Ben Corcoran
Ben Corcoran answered on Oct 15, 2020

You probably have a good argument that the quitclaim deed was signed either under fraudulent circumstances or duress. Either way, you need to contact a local attorney as this is going to take a lawsuit to get fixed. Your lawyer will need to sit down and discuss all of the details to determine what... Read more »

1 Answer | Asked in Elder Law for North Carolina on
Q: If my mother's Will states that she is to be cremated but was buried can I have her body Exchumed and cremated?
Ben Corcoran
Ben Corcoran answered on Oct 1, 2020

The Will is normally not controlling on burial matters as the body is not normally considered part of the estate. It is possible to get a permit to exhume a body but it is not a simple process. You should contact a lawyer near where your mother is buried to get a more specific opinion as to what... Read more »

1 Answer | Asked in Elder Law, Estate Planning, Probate and Real Estate Law for North Carolina on
Q: Can older sister step in and take over half my house since mom is on the deed as borrower when and if mom dies.
Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 4, 2020

Being on the deed and being a borrower on the mortgage are two different things. Being on the mortgage is irrelevant but if your mom is on the deed to your house and she leaves her portion of the house to your sister in a will or dies without a will - then yes, it is possible you will sharing the... Read more »

1 Answer | Asked in Family Law and Elder Law for North Carolina on
Q: Will NY accept an adult general guardianship from NC?

My mom lives in a nursing home here in NC with advance dementia. I need to get guardianship to conclude her business in NYC? Will NY state accept it if I am deemed her guardian here in NC?

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Sep 4, 2020

I think many (if not all) of my fellow NC attorneys would be hesitant to answer this question as it seems to involve New York law. You should probably re-submit your question in the NY area of this site.

1 Answer | Asked in Elder Law, Estate Planning and Probate for North Carolina on
Q: I live in nc my oldest sister s.c became gravely ill and passed spouse did not notify us including 85 yr father .lawsuit

We found out by a outsider .her spouse blocked us from calling.this was 07/2020

No one yet has yet to even call our father can we sue

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Sep 1, 2020

Just making sure I understand the question: are you asking if you can sue your brother-in-law for failing to inform you that your sister was ill and later died?

Well, you can sue anyone for anything, even if the lawsuit is frivolous and has no chance of success. But I don't see how...
Read more »

1 Answer | Asked in DUI / DWI and Elder Law for North Carolina on
Q: I'm 55 years old I was just indicted on habitual dwi spanning out since 1990. Am I going to prison?

Can I avoid prison at age 55? Can they go back to 1990 30 years ago and charge me with habitual today?

Amanda Bowden Houser
Amanda Bowden Houser answered on Aug 2, 2020

No, you can not avoid prison because of your age. You typically avoid prison by either not being convicted of something that requires prison time or convincing a Judge to be lenient when prision time is optional. As to how far they can go back, it depends on what you mean. If you mean can they... Read more »

1 Answer | Asked in Elder Law, Estate Planning and Probate for North Carolina on
Q: My brother is POA over my family's finances..is it possible for my brother to change finances to suit him better?

My mother recently had a stroke and things have gotten strange between me and my brother...I asked my mother about the will and she said everything is set in stone and the inheritance will be divided between me and him...but for now things are being paid with our family's finances..which is... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Jul 11, 2020

Whether or not you inherit anything is not your decision nor something you are owed or due or have 'coming to you' or even anything you have a right to at this point. It is your families finances and / or property and as such they are allowed to do with it pretty much anything they want.... Read more »

1 Answer | Asked in Elder Law for North Carolina on
Q: Would NGGS 14-326.1 apply all children if one child had a joint checking account with the parent? Said child is 52.

Parent is on disability and Medicade/Medicare. Currently in recovery center in Calabash, NC. Dr. in SC stated he has dementia. Facility is planning on sending him home despite diagnosis. They suggested private home health care. I have not spoke to my father sine 2016 for about 30 minutes. Before... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Feb 26, 2020

Yes, it would likely apply but only to the extent that yourself and your immediate family are provided for. In other words you are likely only gonna be responsible for 'pops' to the tune of what ever is leftover each month after you have handled your personal and family obligations. If... Read more »

1 Answer | Asked in Family Law, Elder Law and Social Security for North Carolina on
Q: My friend's elderly mother is being abused by her husband. What type of attorney does she need? Thank you.

She has some medical issues but it is of very sound mind. He physically roughed her up 3 months ago and she went to a local women's shelter. He is stealing all manner of money from her as she is retired and has a good pension. She left home and is living with my friend, her son. Her husband... Read more »

Melissa Averett
Melissa Averett answered on Dec 22, 2019

She needs a family law/divorce attorney with experience in domestic violence issues, who practices in the county where she lives or where her husband lives.

1 Answer | Asked in Estate Planning, Elder Law and Probate for North Carolina on
Q: ... I I was taking care of my elderly Uncle he was taken from me because of false accusations

Now the house is going up for probate I was the only one on the will how are they doing this what can I do they said if I didn't sign for their services they would have me arrested for exploitation because I take one of my doctor bill with his money The Power of Attorney papers said I could... Read more »

Ashley Kevitt
Ashley Kevitt answered on Dec 2, 2019

First and foremost you need to make sure you have a copy or original of the Will. In the Will an executor is named and that is the person who must go to the clerk and open the estate. If you are named as the beneficiary of the house your Uncle had then the clerk will make sure the executor gives... Read more »

2 Answers | Asked in Elder Law for North Carolina on
Q: How do you locate a will and power of attorney?

3 siblings, mother with memory issues, 1 child is hiding will and other documents; other 2 siblings want to find out what the documents say

Charles Evan Lohr
Charles Evan Lohr answered on Sep 10, 2019

You. An file an application by affidavit with the clerk of court to try to get them to compel the sibling to file the will with the court.

Please feel free to let me know if you have any more questions.

Evan Lohr

Attorney

919-348-9211

View More Answers

1 Answer | Asked in Estate Planning and Elder Law for North Carolina on
Q: My dad will need assisted living in the near future. In NC can a non-family member purchase the condo

and turn around and sell it to my wife and I to avoid a home getting it to pay for his assistance?

Charles Evan Lohr
Charles Evan Lohr answered on Jul 15, 2019

A person’s primary residence isn’t considered a countable asset for Medicaid purposes if they intend to return to the home (this is a very low standard to meet) so owning it wouldn’t impact his eligibility to qualify. Any cash that he received from the sale of the home would count against his... Read more »

1 Answer | Asked in Criminal Law and Elder Law for North Carolina on
Q: Can an estranged adult child be charged with a crime for taking money from a non legally defined disabled parent.

Estranged daughter plays on sympathy of early dementia patient (mother). Other sibling is paying bills...finds out after the fact the check was written Raleigh NC not Mathews NC

Kelli Y. Allen
Kelli Y. Allen answered on Jan 18, 2019

Probably not an actual crime. However, protections need to be put in place. Is there a durable power of attorney? An agent under a durable power of attorney would be able to offer some protection in this type of situation. This needs to be done before the dementia progresses.

1 Answer | Asked in Contracts and Elder Law for North Carolina on
Q: Signature from incompotent Grandmother

Recently my grandmothers daughter that was POA over all my grandmothers stuff passed away and the power fell to her eldest daughter. Her daughter that was POA had a life insurance policy that the eldest daughter up in New York claims she s taking over but needed a new signature from my grandmother... Read more »

Kelli Y. Allen
Kelli Y. Allen answered on Jan 9, 2019

If someone has the mental capacity to sign, but cannot physically sign on their own, it is acceptable just to make an "x", have someone assist with holding the pen, or can even direct someone to sign their name. However, if the person's mental state is such that he/she does not... Read more »

2 Answers | Asked in Elder Law for North Carolina on
Q: My,mom has land and has a buyer. She has been in the nursing home for 3 1/2 years on medicaid.. Can state take her money
Richard Winblad
Richard Winblad answered on Dec 5, 2018

Maybe. You should visit with a N.C. Attorney. You might be able to save the value.

View More Answers

1 Answer | Asked in Elder Law and Employment Discrimination for North Carolina on
Q: My 59 year old father recently lost his job.

The majority of his coworkers were decades younger, and he suspects he was ousted due to his age. How can he prove that?

Kirk Angel
Kirk Angel answered on Nov 4, 2018

Very complex question with no easy or simple answer. If he believes he was terminated due to age, he will need to file with the EEOC. However, it is very important for him to consult with an experienced employment attorney.

1 Answer | Asked in Elder Law, Estate Planning and Probate for North Carolina on
Q: Does a Durable POA need to be entered into courthouse records to be activated?
Amanda Bowden Houser
Amanda Bowden Houser answered on Jan 21, 2018

Depends. The registering and filing requirements can be waived so it likely depends on how the POA was drafted. There have also been some fairly recent rule changes for POA's in NC, so it would be a good idea to consult with a local attorney.

1 Answer | Asked in Elder Law for North Carolina on
Q: Can a sibling block me from getting mom's health info from nursing home in NC? No POA or Guardianship.

My mom has dementia and is in a nursing home in NC. The home will not disclose any information to me because my brother didn't list me as family. He does not have guardianship nor does he have power of attorney. The nursing home says since he registered her, he makes the decision.

Amanda Bowden Houser
Amanda Bowden Houser answered on Jan 8, 2018

Obviously he can since he is apparently doing it - the real question is whether it is legal and what can you do about it?

The answer to that is while it is a crappy thing to do, it is likely legal unless some sort of fraud is being committed. However you can likely petition the court to...
Read more »

1 Answer | Asked in Elder Law, Insurance Bad Faith, Insurance Defense and Medical Malpractice for North Carolina on
Q: My question is how do l get medical ins. in N.C. when I'm on a fixed income & can't work ? I'm inbetween 60-65 yrs old.

1 was a bartender/server for 30 yrs. 10 yrs ago l was prescribed methadone for a medical condition not related to addiction & didn't need to work. Now, I'm fighting an addiction, and on a fixed income @ 62 yrs old. I'm in recovery & don't dare take the chance of being in... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 30, 2017

Hope you tell your GOP Senators and Congressman about this as they seem to think people like you can just get insurance and need no help. There are "spend down" and other ways if you are "medically needy" of qualifying for medical assistance, but these vary by state. See if... Read more »

1 Answer | Asked in Elder Law for North Carolina on
Q: to get someone to talk to grandmother who's in her right mind with excellent health so she can live the rest of life h

Her son has power of attorney she grandmother is 86 owns her home and is in good health in her right mind son put her in nursing home and is trying to sell grandmothers house grandmother needs help to revoke power of attorney but don't know what to do please help

Inna Fershteyn
Inna Fershteyn answered on Jun 21, 2017

First the POA doesn't really give the son the right to put someone in the nursing home- it's more of a financial document. If mom is in the right mind she can say NO. It's healthcare proxy that allows one to make health care decisions.

Second grandma can hire an attorney who...
Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.