For most people, the foundation of any estate plan begins with creating a Last Will and Testament. Although you may eventually expand your estate plan to include a wide variety of additional estate planning tools and strategies, your Will should remain an important part of your estate plan. If you are creating a Will for the first time it is always best to work closely with an … read more
Will North Carolina Medicaid Pay My Nursing Home Expenses?
Although no one really wants to think about the possibility of ending up in a nursing home at some point in time, the odds are favorable for all of us – and the increase dramatically the longer you live. Ignoring the possibility that you may one day need nursing home care could be an extremely costly mistake because it means you will likely fail to include Medicaid planning in your … read more
Can’t I Just Use a DIY Will?
You have been told by well-meaning family members and friends how important it is for you to have a least a basic Last Will and Testament in place. Despite this, you have yet to create and execute your Will. Maybe it’s because you haven’t had the time to see an attorney and get started, or possibly because you don’t want to spend the money on an attorney – or maybe a combination of both. … read more
Can an Elder Law Attorney Help Me Pursue Guardianship?
The time may come at some point in your life when you realize your parent is showing signs of dementia or another type of incapacity. At that point, you will have to make a difficult decision. Do you step in and assert control over his/her affairs or do you stand back and hope things improve. If your parent is truly suffering from incapacity, the reality is that the situation will not … read more
North Carolina Secretary of State Warns Seniors About Financial Abuse
Sadly, elder abuse and neglect is a widespread problem in the United States. Worse still, it is a growing problem. As the older population in the U.S. continues to grow at an unprecedented rate, predators who prey on the vulnerable among us are specifically targeting the elderly. Financial exploitation of the elderly is one specific type of elder abuse that lawmakers and public officials … read more
Can a Medicaid Attorney Explain the Countable Resource Exemptions to Me?
If you are suddenly facing the need to qualify for Medicaid to cover nursing home care expenses, either for yourself or your spouse, you are undoubtedly frustrated and likely confused about the eligibility guidelines. As a senior, you are probably particularly concerned about the income and asset limitations the program imposes on applicants. If you are on a fixed income, like most … read more
When Is it Time to Consider Guardianship?
As an adult child, one of the most difficult things you will ever have to endure is watching your parent deteriorate physically and/or mentally. If your parent lives long enough, however, there is a very good chance you will need to do just that. You may also find yourself concerned about your parent’s ability to safely function independently. If you reach that point, it may be time to … read more
Understanding the Medicaid Eligibility Rules Regarding Recent Asset Transfers
Although you may not want to think about it, there is a good chance that you (and/or a spouse)will end up in a long-term care facility toward the end of your life. The longer you live, the better the odds that you will eventually need long-term care. For the average person, paying for that care becomes an issue, which is why almost half of all seniors receive Medicaid benefits. If you … read more
How Long Is the Probate Process?
If you recently lost a family member or close relative there is a good chance that the decedent’s assets are going through the probate process, or will be soon. If you are involved in the process, as the Executor/Personal Representative, a beneficiary/heir, or even a creditor, you may be wondering how long it will take to get through the probate process. Because each estate is as unique … read more
What Kind of Cases Does the North Carolina Probate Court Handle?
For the average person, navigating the court system can be frustrating and intimidating. Which court handles which type of cases? How do you know where to file documents? What is the proper route to accomplish your goal? These are just a few of the common questions people have when dealing with the court system. Unless you are an attorney, or work in the court system, it may seem … read more
