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North Carolina Elder Law Questions & Answers
1 Answer | Asked in Contracts, Real Estate Law, Appeals / Appellate Law and Elder Law for North Carolina on
Q: Can an owner with life rights remove a remaindermen who also has life rights

My father is a homeless veteran due to a consent judgment outside the original will.

Anthony M. Avery
Anthony M. Avery 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... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law, Elder Law and Probate for North Carolina on
Q: My Grandfather died in 2007, he was 92 yrs old. His step children took him to change his Will, shortly before his death

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... Read more »

Nina Whitehurst
Nina Whitehurst 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... Read more »

1 Answer | Asked in Elder Law, Probate and Small Claims for North Carolina on
Q: How do you locate an Will from 1950's? I've tried finding it, with no luck! I have MS, I can't afford a Lawyer to help!

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... Read more »

Nina Whitehurst
Nina Whitehurst 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... Read more »

1 Answer | Asked in Elder Law and Probate for North Carolina on
Q: In NC how do you handle a wife passing away and 2 weeks later the husband? The wife has no assets but medical bills.

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... Read more »

Ben Corcoran
Ben Corcoran 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... Read more »

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 Johnson
Amanda Bowden Johnson 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 Johnson
Amanda Bowden Johnson 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 Johnson
Amanda Bowden Johnson 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 Johnson
Amanda Bowden Johnson 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

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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.

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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.

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