Beverly C. Eckard’s Answers

Beverly C. Eckard

Elder Law Attorney.

Contributor Level 9
  1. Medicaid assistance turned down for Mother

    Answered over 4 years ago.

    1. Beverly C. Eckard
    2. Stephen C. Jones
    2 lawyer answers

    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....

    1 person marked this answer as helpful

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

    Answered over 4 years ago.

    1. Beverly C. Eckard
    2. Gregory Herman-Giddens
    2 lawyer answers

    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.

    1 person marked this answer as helpful

  3. My brother was named executor of my mother's estate. I am trying to get a copy of the final accounting, which has not been done

    Answered over 4 years ago.

    1. Beverly C. Eckard
    1 lawyer answer

    An annual accounting is technically due a year from the date of filing. However, each Clerk's office handles the due date a little differently. Most offices provide notices about 30 days prior to the due date to encourage the timely filing of the accounting. The representative can then request additional time due to various circumstances to complete and file the accountings. Occasionally, they can continue to request these extensions showing cause for their need, and extensions are granted...

    1 person marked this answer as helpful

  4. If a person with Alzheimers is moved into North Carolina, when do they become a resident for probate purposes?

    Answered over 4 years ago.

    1. Beverly C. Eckard
    1 lawyer answer

    An individual becomes a resident of a State when they (or their representative such as an attorney-in-fact) decide to remain in North Carolina. This is evidenced by the following activities, some of which may not be appropriate for an individual with Alzheimer's under Hospice care: -changing of one's driver's license and/or vehicle registration -obtaining North Carolina identification card -registration to vote in North Carolina -notification of bills, magazine subscriptions, medical...

    1 person marked this answer as helpful

  5. 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

    Answered over 4 years ago.

    1. Beverly C. Eckard
    2. Laura Mcfarland-Taylor
    2 lawyer answers

    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...

  6. 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?

    Answered over 4 years ago.

    1. Beverly C. Eckard
    2. L. Maxwell Taylor
    2 lawyer answers

    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...

  7. This Question is concerning Medicaid.

    Answered over 4 years ago.

    1. Beverly C. Eckard
    2. Carl G. Archer
    2 lawyer answers

    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.

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

    Answered over 4 years ago.

    1. Beverly C. Eckard
    2. Keenan M. Post
    2 lawyer answers

    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...

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

    Answered over 4 years ago.

    1. Beverly C. Eckard
    2. Bruce Givner
    2 lawyer answers

    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.

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

    Answered over 4 years ago.

    1. Beverly C. Eckard
    2. Patrick L. Evans
    3. Steven J. Fromm
    3 lawyer answers

    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...