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Beverly Eckard’s Answers

21 total

  • Medicaid assistance turned down for Mother

    Mother, 81, lives in NC and was approved to move in assisted living, memory care unit this week....attorney saw that everything is in order...NOW, they tell us that her small social security and retirement are too much for her to receive Medicaid....

    Beverly’s Answer

    The Medicaid program that covers memory care units is called Special Assistance. To qualify for Special Assistance you must pass an income test. If your income exceeds the income limit by $0.50, you will not qualify for the program even if you do not have the resources to pay for your care.

    A solution to your problem would be to consider moving your mother to skilled nursing care. In skilled nursing care she would be under the rules for Adult Medicaid, which have no income limit.

    Please seek the advise of an elder law attorney to determine if your mother meets the requirements for Adult Medicaid. Once you know you will be in a better position to consider moving her to skilled nursing care.

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  • Should I put all my property, like the house & cars in my name, so that if my husband goes to a nursing home because of dementia

    I am concerned that the nursing home might take my assets to pay for the bill if these things are also in my husband's name.

    Beverly’s Answer

    Without knowing all the specifics of your situation I cannot advise you through an online forum to transfer anything. I can tell you there is no penalty for transfer of assets between spouses. Unfortunately, in North Carolina the spouse that remains at home must complete a spend down before the spouse in care can qualify for Medicaid. The spend down amount varies depending on the amount of the assets of the couple. Certain assets, like the house and one car, are not subject to any spend down.

    Please seek the advise of an elder law attorney to develop the proper plan to transfer your assets, even if only between you and your husband.

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  • Should I put my house and two cars in my name, so that when my husband goes to nursing home the state can't take the items?

    I was told that these items need to be out of my husband's name for at least 5 years, so the nursing home can't require me to sell these in order to pay for the nursing home. My husband is presently on medicare.

    Beverly’s Answer

    Without knowing all the specifics of your situation I cannot advise you through an online forum to transfer anything. I can tell you there is no penalty for transfer of assets between spouses. Unfortunately, in North Carolina the spouse that remains at home must complete a spend down before the spouse in care can qualify for Medicaid. The spend down amount varies depending on the amount of the assets of the couple. Please seek the advise of an elder law attorney to develop the proper plan to transfer your assets, even if only between you and your husband.

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  • This Question is concerning Medicaid.

    Is there a way to protect my assets instead of spending down to the Stae requirements?

    Beverly’s Answer

    There are available options in North Carolina to protect assets and not have to spend them on long-term care. Those options depend on the outlook for your future care needs or whether you are already in care and in a crisis mode. In order to learn of all your available options you should consult with an elder law attorney.

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  • Can you request supervision over the executor of a will in NC?

    If you are a major benficiary but dont have the best of relationships with the relative that is executor or faith in the honesty can you request supervision over the process?

    Beverly’s Answer

    Probate is the supervision of the the closing down of an Estate. There are forms that must be completed a filed so the Clerk of Court can confirm the debts and expenses of the decedent are being paid and the property is being properly distributed. In North Carolina you can require that a representative obtain a bond, which protects the beneficiaries from any fradulent dealings of the representative. Bonds are expensive and a pain, so the usual course in a will is not to require one for the representative. If you have concerns over the Executors honesty I would require a bond for their service.

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  • Can I exclude a family member from an estate will? If yes, what is the legal terminology?

    None

    Beverly’s Answer

    You can disinherit family members in your will, but you cannot completely disinherit your spouse in North Carolina. If you are wanting to disinherit a non-spouse family member, we encourage specific wording that you choose to do so, but there isn't any required wording.

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  • Online wills...are they legal and will they stand up of contested?

    My 95 year old grandmother chose to go ahead and give her children their monitary inheritance while still alive so she just needed a will for the specific items she wanted to give. We did one online, had 2 witnesses and it was notorized...is it l...

    Beverly’s Answer

    Without reviewing the document, I cannot tell you with certainty if it is valid. I can tell you that you would not file the will with the court until your grandmother passes away. There are many grounds under which a will can be contested. It is difficult to win a caveat proceeding under any grounds, but does not prevent a proceeding from being brought in court. It would be worth the investment to have an attorney review the current will and possible redraft it to make sure the proper laws of North Carolina (if she is a resident of NC) are cited.

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  • Does land have to be sold before any assets can be distributed from estate?

    My g-mother's will stipulated that her house & land be sold & the money from the sale be divided between my mother, my uncle & my cousin. My mother is the Executrix & she has taken care of all the necessary paperwork, notice to creditors, taxes, ...

    Beverly’s Answer

    This is such a common scenario here in this down real estate market. Depending on the value of the bank account and all assets available to the estate for your mother to fulfill her responsibilities and duties as Executrix, she might be able to make a partial distribution from the Estate prior to its closure.

    The answer to your last question as to whether the property can be distributed so the Estate canb e closed would be up to the Clerk overseeing the administration of the estate, and the answer could vary depending on the county. Presenting to the Clerk the folliwing, the Clerk might be persuaded to allow distribution of the property to the beneficiaries through an Executor's deed: 1. The beneficiaries are in agreement and wish to receive the real estate; 2. The intent of the testator was to simplify their lives through the sale and was not to preven them from owning the real estate; and 3. That not selling the property does not hurt the payment of any claims of creditors or other responsibilities of the Estate. If the Clerk agrees, then yes, the property can legally be distribtued to the beneficiaries and the estate can be closed.

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  • My husband and i had powers of attorneys drawn up in 1997. the notories commission ran out in 2002. does this mean there invalid

    my husband abd i had powers of attorney drawn up, stamped, and notorized in 1997. the notories commission ran out in 2002. does this make the documents invalid?

    Beverly’s Answer

    No. Then notary commission only has to do with his/her ability to acknowledge documents during the time frame that ended in 2002. It does not affect the validity of the document, unless the commission was expired at the time of the execution.

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  • Mother in law has power of attorney for my husband, if he dies does she get control or do I?

    My husband is a marine and ge gave his mother power of attorney while we were seperated so she could pay his bills while he is deployed. We have worked things out and are back together and still married. He ships out intwo weeks. If something happ...

    Beverly’s Answer

    Authority under a power of attorney terminates at the death of your husband. Who gets control after death would be the individual(s) named as Executor in his will. If he has no will, then the individual named as administrator of the Estate would have the authority. This would require the approval of all beneficiaries of his estate to appoint the individual, and if there is dissent, the Clerk would ultimately decide that individual.

    The attorney's office on base can help your husband create and execute a will to name the person that he wants to serve. Hopefully this step was completed prior to his deployment and the answer will be found within that document.

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