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Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
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Experience:  Wills, Trusts, Probate & other Estate Matters
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Q: WNC North ***** *****. Clerk of Court allows sale of life

Customer Question

Q: WNC North ***** *****. Clerk of Court allows sale of life tenant's property, life tenant still living. Allowed? .Edit question detailsThe remainderman had life tenant declared incompetent, then became guardian, then petitioned court to allow sale of life tenant's property to her. Life tenant then dumped in nursing home. Other siblings not notified as clerk determined they had no standing or interest although they had filed an appeal when sibling named guardian. Siblings now fighting back to get mother out of nursing home and prove standing. This seems like a GROSS abuse of power by a clerk of court in NC or an abuse of discretion? Also, determining other siblings would not be notified (and were not aware until after the property was sold) seems like an abuse of power also as all had been involved in case. This abusive guardian keeps this elderly mother isolated from family, even in the nursing home! This is a VERY SAD case in WNC. Siblings were threatened that if they attempted to remove guardian, their mom would go to nursing home to die. The guardian carried out her threat! . Abuse of power by clerk? Also, what do siblings need to file first to contest deed where life estate was sold in hopes of returning their mother to her home and care for her as promised? We do not know where to start!
JA: Thanks. Can you give me any more details about your issue?
Customer: The issue is in the state of NC. All info is in what I provided. Biggest question and I forgot to add this, but our mother will be in a nursing home 6 months in two weeks. We are concerned that guardian sibling will then sell her personal property saying she has to pay bills, etc. We need all of this to STOP or Motion for status quo or something to help our mom. What can happen after she is out of home for 6 months in NC?
JA: OK got it. Last thing — Estate Lawyers generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 1 year ago.
Category: Estate Law
Expert:  P. Simmons replied 1 year ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

i am sorry for this dilemma. But I do not understand your specific question. Do you have a question? Are you asking if a life estate holder can sell their interest?

Customer: replied 1 year ago.
I have several questions, but first Can a life tenant estate be sold prior to the life tenant's death? The life tenant was declared incompetent by guardian, the guardian remainderman petitioned court and purchased the life tenant's portion (while life tenant was still alive), and once life tenant portion purchased the life tenant was placed in a nursing home.
Question two. Since other siblings were not notified (with an appeal in place) is this an abuse of discretion by the clerk of court in NC?
Question 3 What is the first thing we sibs need to do to help our mom get out of the nursing home and see that she is cared for in her home as promised?
Question 4, Since she will have spent 6 months out of the home where she lived (and no longer owns) can her personal property be sold by guardian? Concern is that property given to family via her will might be sold (china, furniture, etc.) and this will give the guardian sibling everything and the rest of the family 0 which was not intended by our mother.
Expert:  P. Simmons replied 1 year ago.


That help. But I have one more question for you

YOu say

Since other siblings were not notified (with an appeal in place) is this an abuse of discretion by the clerk of court in NC?

I am unclear what you are appealing...was there a hearing in front of the court that you lost? If so what was that hearing?

Customer: replied 1 year ago.
We appealed the appointment of our oldest sibling as the guardian of everything. We should have been notified but the clerk made the decision not to notify us. We have not been to court for our appeal as everything is moving too fast. We have not lost anything other than our sweet mom as she is also isolated by the guardian sibling.
Expert:  P. Simmons replied 1 year ago.

Thank you...but how does this relate to the life estate issue?

Customer: replied 1 year ago.
Go back to original questions. A life tenant is suppose to live in their home and keep ownership of that portion until death. This did not happen. We need to void or rescind the deed, perhaps for lack of notice?
Expert:  P. Simmons replied 1 year ago.

Thanks...I see that...but I want to make sure I can field your question regarding the "appeal"...what is it you want to appeal with the court?

Customer: replied 1 year ago.
You are starting to get on my nerves. As I said we have an appeal in place, not moved forward yet over the appointment of the guardian. In other words we have been involved in all aspects of the estate proceeding. Please just answer questions. Thanks. We have much to do.
Customer: replied 1 year ago.
We just need questions answered and we need to have an idea of what to do first to help our mom.
Customer: replied 1 year ago.
May I cancel my request for help? 24 hours is too long. I should not have to pay since we have no answers to a single question?
Customer: replied 1 year ago.
Please cancel. Thanks.
Customer: replied 1 year ago.
Rather odd as we were just sitting her trying to think of where to begin and I mentioned Just Answer. Never had this problem before. His name must really be Andrew.
Customer: replied 1 year ago.
I was charged and never got an answer.

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