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Does an executor of a will have to live in North Carolina where

the parent is now living...
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.
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7/23/2013
Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 56,025
Experience: 29 years of experience practicing law, including tax and estate planning.
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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.


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Customer reply replied 4 years 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?

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
Richard, Attorney
Category: Estate Law
Satisfied Customers: 56,025
Experience: 29 years of experience practicing law, including tax and estate planning.
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Customer reply replied 4 years 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.


 


 

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.
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Customer reply replied 4 years 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.


 


 

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.
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Customer reply replied 4 years ago

JA is trying to charge me another $38.00.

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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Richard
Richard
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