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HOW TO AVOID THE MEDICAID DEATH PENALTY

February 23rd, 2019 (No Comments)

Introduction  The Medicaid program is something you’ve paid for your whole life. Much like Social Security, you pay into Medicaid with each paycheck. However, unlike Social Security, even though you’ve paid in, you’re not entitled to recoup your money unless you meet the income and asset thresholds. In that way, Medicaid is rather restrictive. Thankfully, […]

WILL YOU HAVE TO PAY YOUR SPOUSE’S MEDICAL BILLS?

February 23rd, 2019 (No Comments)

Generally, if one spouse passes away, the other spouse is not personally liable for their debts. If the deceased spouse’s creditors want to recover, they must make claims against the estate. If there is enough money in the estate, they will be able to recover the full debt. If there is not enough money in […]

WHAT HAPPENS IF YOU CAN’T FIND THE WILL?

February 23rd, 2019 (No Comments)

To probate an estate in North Carolina, the Clerk of Court requires that the original copy of the will be filed. But important documents get lost all of the time. Wills can easily be lost in a move, destroyed in a casualty event (e.g. flood, fire, hurricane), or simply misplaced. So, what happens if your […]

Can you disinherit your spouse?

February 23rd, 2019 (No Comments)

Do you have to leave property to your spouse in your will? There are many reasons why you may not want to leave your spouse part of your estate. Maybe your wife is independently wealthy, and you have other plans for your legacy. Maybe your relationship with your husband has deteriorated but you don’t want […]

What’s Your Interest?

February 23rd, 2019 (No Comments)

Let’s say you’ve inherited real property or, maybe, you’re looking to pass along some of your own. Either way, do you know what the nature of the ownership interest is or will be? Many people who inherit property receive the property outright, meaning they’re the sole owner. But there are many ways that property interests […]

The 3 commonly held beliefs about Money, Aging and Estate Planning

February 23rd, 2019 (No Comments)

This is about the 3 most commonly held beliefs about Money, Aging and Estate Planning. I see people all the time with these beliefs. They’re in bad situations with money, estate planning and long-term care. So, what are the beliefs and realities? The first commonly held belief is: Medicare pays for Long-term care. Long-term care […]

The Simultaneous Death Act

February 23rd, 2019 (No Comments)

We attempt to provide for every contingency in a will. When we plan for the future, we contemplate our own death as well of the death of our spouse. We then try and provide for some alternatives depending on who should pass first. But what happens if both spouses pass at the same time? Many […]

Out of State Wills

February 23rd, 2019 (No Comments)

I am frequently asked the following question: “I have a will that was drafted for me out of state. Is it valid in North Carolina?” The answer? It depends.    If the will was drafted by an attorney in another state, then it will likely be valid and probated-able in NC. If it was a fillable […]

Guardianships

February 4th, 2019 (No Comments)

We’re talking about Guardianships in this elder law report, because much of this week I’ve been involved in Guardianship hearings. Guardianships can be very contentious. The situations that surround Guardianships can tear families apart. The hearings I was involved in this week were almost cathartic. Getting some of the bad blood out during the hearing, […]

The Untold Benefits of Estate Planning REAL TALK WARNING!

December 19th, 2018 (No Comments)

  Most of the benefits of estate planning are pretty obvious. People go to an estate planning attorney because they want to determine how their property will pass after their death. What is not obvious, however, is the residual benefits of the estate planning process. Namely, the reflection on one’s life, the consideration of one’s […]

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