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Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 45618
Experience:  29 years of experience practicing law, including tax and estate planning.
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Does an executor of a will have to live in North Carolina where

Customer Question

Does an executor of a will have to live in North Carolina where the parent is now living? If the will was made originally in New Jersey by the parent, would North Carolina honor that will or does the parent have create a new will in the state of North Carolina?

thank you for your help.
Submitted: 12 months ago.
Category: Estate Law
Expert:  Richard replied 12 months ago.
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good afternoon. Under the U.S. full faith and credit laws, NC will accept and honor documents prepared under NJ law. So, you won't need to prepare new documents. Each state, however, has its own nuances, and when you move it would be a good idea to have your documents reviewed by a Florida lawyer to determine if your documents would benefit from any minor changes to take full advantage of any nuances in NC law. And, there is no legal requirement that the executor be residenced in NC.


Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service with 3, 4, or 5 faces/stars so I can receive credit for helping you today. I thank you in advance for taking the time to provide me a positive rating!


Customer: replied 12 months ago.

Thank you. This was very helpful. Apparently the will was reviewed by a North Carolina attorney, I am assuming, for those reasons.


My husband was appointed "assistant Executor" which I don't believe is a legal term? IS there such a legal position or is there only one legal executor of the will?

Expert:  Richard replied 12 months ago.
You're welcome...it's my pleasure. It would depend upon how this was referenced in the will itself. Unless the will designated specific duties as assistant executor, he would not have any official role as the duties of executor would be fulfilled by the named executor. There can be multiple executors, but they are typically made "co-executors" not "assistant executors." So, if he has any authority, it will need to be specifically set forth in the will.
Richard, Attorney
Category: Estate Law
Satisfied Customers: 45618
Experience: 29 years of experience practicing law, including tax and estate planning.
Richard and 14 other Estate Law Specialists are ready to help you
Expert:  Richard replied 12 months ago.
Thank you so much for the positive rating! I appreciate having had the opportunity to serve you! If I can be of assistance to you in the future, just look me up and I will be happy to help! For easy access, my bookmark is: http://www.justanswer.com/law/expert-legalbeacon/

Customer: replied 12 months ago.

Thank you. Here are my final questions:



  1. Is it possible for a sibling to get a copy of the will if the parent is still alive?

  2. Does the executor of the will have privilages to see the will at this time while the parent is still alive?

  3. Can the parent sign over bank accounts, stocks, assets to other people while they are still alive at a nursing home?


Thank you for your help.


 


 

Expert:  Richard replied 12 months ago.
You're welcome...it's my pleasure!

1) Unfortunately, there is no requirement to file a will anywhere prior to death and it's up to the person whose will it is as to whether or not to provide anyone a copy.

2) Unfortunately, no.

3) They can, but if they are on government assistance, the government has a 5 year lookback rule as to anything transferred as gifts with respect to determining the person's eligibility for Medicaid. So, if these are assets that considered, the government will have a claim on them.
Customer: replied 12 months ago.

Thank you for your time. I am done with questions.


I did not sign up for the $38.00 / month membership but your website is telling me I am being charged.


 


Please cancel the $38.00 charge.


 


 

Expert:  Richard replied 12 months ago.
You're welcome...It's my pleasure to help. And, just so I understand your request, are you saying that JA is attempting to charge an additional $38. Or, that you want the $38 paid for the answer to this question refunded? Thanks for any clarification.
Customer: replied 12 months ago.

JA is trying to charge me another $38.00.

Expert:  Richard replied 12 months ago.
Thanks...Just do not rate again and you will not be charged again! Promise! If they do, let me know and I'll contact customer service for you! :)

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