Category Archives: Richard Gabriel

Social Media & Other Accounts Can Linger After Death

When planning your estate, keep in mind your “digital” property.  We tend to think of our physical assets, such as a home, bank accounts, retirement account and life insurance.  Consider online banking, for instance.  Who has access to that information, … Continue reading

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Don’t keep too many secrets

Who knows your “secret” passwords?  A problem we encounter in probate is obtaining access to password protected information on the internet.  If your Executor does not know how to access your online information, it could be lost.  We encounter issues … Continue reading

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Day Trip to Ephesus – NC Bar trip to Turkey (2010)

A pleasant ride through the countryside shows us a different aspect of Turkey. The bustle and hustle of Istanbul gives way to rural settings:  fields with hay being mowed for feed; lush groves of citrus fruits, including peaches and apricots; … Continue reading

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Power of Attorney in North Carolina

A question that comes up frequently is whether or not a Power of Attorney must be recorded to be valid.  N.C. G.S. 32A-9(b) requires a Power of Attorney to be registered if it is to survive the mental incapacity or … Continue reading

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Buyer Beware

A client called regarding a home he purchased at a foreclosure auction.  The house is rented, and the tenant sent to the client a letter addressed to “the estate of the previous owner.”  A second foreclosure is now in progress.  … Continue reading

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Court Lacks Jurisdiction Over Property Issues

The North Carolina Court of Appeals in a case filed October 4, 2011, in the matter of Tripp v. Tripp, held that the Superior Court of New Hanover County lacked subject matter jurisdiction over the claims by one of the … Continue reading

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Who is Responsible for The Debts of a Deceased Parent?

A child is not responsible for the funeral expenses of a deceased parent, unless the child has personally signed for the arrangements.  In the absence of a pre-planned funeral arrangement, often referred to as a “pre-need” arrangement, the person(s) who … Continue reading

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Does a Change in the Name of a Beneficiary Require a Change in My Will?

It is not necessary to change her name in your will and trust, although some people prefer to do so in recognition of the marriage.  The marriage certificate or license would show that your daughter is the same person.  However, … Continue reading

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Co-ownership of real estate between husband and wife

This is my delimena, my mother died in 1981 at this time I do not have a copy of a will. My step father declared there was not one. He re-married in 1982. At his death he had no will … Continue reading

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Life Time Rights in Real Property

Life time rights to a home means that during her lifetime, the person with the life time rights has possession and control over the property only until her death.  At death, the title to the land passes to some other … Continue reading

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