Not legally as I have the deeds. Father is alive, Mother deceased. He is claiming squatters rights that he's living with my father over 2 months. Some lawyer told him can claim the property? Is this legal?
I have the deeds as my brother is an ex-con.
answered on Aug 17, 2023
You probably need to get an attorney to look at everything.
The physical deeds are just pieces of paper the only thing that matters is what is recorded in the register of deeds.
Primary interest is nursing home protection
answered on Jul 12, 2023
It is one of the ways to protect the home from Medicaid claims currently. Without a more detailed consultation, I cannot recommend it over any of the other methods.
1: I want estate ownership moved to a relative (great nephew). Estate (house and 9 acres).
2: I want to live in house and maintain yard (1 acre) as it is mine.
3: I want not to show any income increase (capital gain, other).
4: Inheritance Will with rights of ownership at... View More 
answered on Jun 27, 2022
It sounds like you need to have a consultation with a lawyer to explain what you want to do and why you are doing it. Because while everything you asked is possible it may not have the effects you intend.
My father is a homeless veteran due to a consent judgment outside the original will.
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answered on Jul 21, 2021
A remainderman cannot also have a life estate. The interests merge and he would have the fee, although it occasionally may not be absolute and subject to other encumbrances or conditions. It is possible for others to have simultaneous life estates which encumber the other's fee. I suggest... View More
My Brother and I were his only Grandchildren. Our Father (his Son), was an only child, died in 1978.
His 1st Will had left his home to my brother and I, which had been that way his entire life!
He had a home, his 3rd wife had a home elsewhere. It was agreed, his property would go... View More
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answered on May 21, 2021
If the will the stepchildren obtained has been accepted by the probate court without challenge and if you were properly notified of the probate case at the time and given a copy of the will, chances are it is too late to contest it now. Contact a probate attorney in that county for a complete... View More
My Grandmother died in 1950's. She had 1 child, my Father. I've been told, the home had been build by my Grandmother, before my Father was even born.
My Father also died in 1978. My Brother and I are the only living relatives!
Our entire life, we were told her Will... View More
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answered on May 21, 2021
A will is not valid if the testator lacked capacity at the time or if it was the product of undue influence. You can contest the will if you think that is what happened but you must act quickly or you will lose any rights you might have had. Look for a probate or will contest attorney in the... View More
I am named executor on both wills.
The cash in joint checking (only assets left) went to husband at death but wife had surgery the day she passed so there will be some medical bills. Can I pay wife’s medical out of husband’s estate? - if not, how are they handled. There is enough cash... View More
answered on Jan 20, 2021
Unfortunately, you have to probate both wills, first, all of the wife's property passed to the husband, and then all of the husband's property passed according to his will. Joint checking accounts are an asset that can be brought back into the estate even though they pass outside of the... View More
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.
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... View More
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... View More
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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... View More
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?
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.
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
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... View More
Can I avoid prison at age 55? Can they go back to 1990 30 years ago and charge me with habitual today?
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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... View More
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... View More
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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.... View More
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... View More
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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... View More
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... View More
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.
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... View More
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... View More
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
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
and turn around and sell it to my wife and I to avoid a home getting it to pay for his assistance?
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... View More
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
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.
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