Vance Tate Davis’s Answers

Vance Tate Davis

Boone Elder Law Attorney.

Contributor Level 18
  1. Can an verbal life estate or verbal living expenses reimbursement agreement be considered legal, ie. Medicaid puposes?

    Answered over 1 year ago.

    1. William Charles Rosenfelt
    2. Robert Jason De Groot
    3. Lee R. Carr II
    4. Vance Tate Davis
    5. Cheryl Rivera Smith
    6. ···
    6 lawyer answers

    These kinds of arrangements typically must be put into a formal written contract to be honored by Medicaid and cannot be done retroactively (after the fact). I would strongly recommend consulting with an experienced local elder law attorney for assistance with this matter since she has apparently been denied benefits and that means you have a clock running here if there are viable reasons to appeal - which would be an issue an elder law attorney can assess for you. Even if an appeal is not...

    19 lawyers agreed with this answer

  2. What will happen in court when I get sued for debt by credit company?

    Answered over 1 year ago.

    1. Vance Tate Davis
    2. Clint Curtis
    3. Kevin B. Zazzera
    3 lawyer answers

    Your Social Security benefits cannot be garnished to pay any judgment that may be entered against you, but you will want to make sure that those benefits are not commingled with any other funds to preserve the protection from being garnished. If, as you describe, you are judgment proof, then the creditor won't be able to collect on the judgment. You should consider consulting with a local attorney to see if you might have any defenses and/or counterclaims against this lawsuit that you are...

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  3. The last will states specifically that a certain individual should not receive any part of the estate, real nor personal.

    Answered about 1 year ago.

    1. Vance Tate Davis
    2. Casey Nichole Ferri
    3. Peter J Weinman
    4. Cheryl Rivera Smith
    4 lawyer answers

    Unfortunately the named beneficiary will likely collect the insurance policy. There is a US Supreme Court decision from several years back permitting an ex-spouse to collect retirement benefits because she was still listed as the beneficiary even though under state law she would have been disinherited from the estate. This is why it is extremely important to review all non-probate beneficiary designations when making changes to the estate plan or when there is a divorce.

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  4. What can I do to get my grandmother into an adult care home or nursing home?

    Answered 28 days ago.

    1. Vance Tate Davis
    2. Michael J. Lewis
    3. Zaheer A Shah
    3 lawyer answers

    I'm sorry that you are having to deal with such a frustrating situation. I think the best thing for you to consider here would be a consultation with an elder law attorney. There are numerous issues that need to be explored in deciding what might be best for the situation. One critical issue that you haven't really addressed in your question is your grandmother's mental status. It will be virtually impossible to move her into a facility if she is competent and she refuses to go. That could...

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  5. I live with and care for my elderly mother in her home. If she had to go to a nursing home, would they take our home away ?

    Answered about 1 year ago.

    1. Vance Tate Davis
    2. Kelly Scott Davis
    3. Lawrence A Friedman
    4. Matthew Vernon Silva
    4 lawyer answers

    Possibly. If your mother were to need to rely on Medicaid to pay for skilled nursing care then the State would file a claim for estate recovery after her death to seek reimbursement for the benefits provided while she was in the nursing home. Since you are apparently living in the home, the State might or might not approve a hardship waiver to the estate recovery claim. To know what the state would be likely to do we would need many more facts. If your mother tried to give the house to...

    10 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. I just started a small business .

    Answered over 1 year ago.

    1. Giacomo Jacques Behar
    2. Vance Tate Davis
    3. Ingrid Arnalda Morfa
    4. Alexus Paul Sham
    5. J Charles Ferrari
    6. ···
    6 lawyer answers

    Congratulations on starting a small business. Your next goal should be to retain a good local attorney to give you advice on how to go about hiring subcontractors so that you won't lose your business and quite possibly your freedom by making big legal mistakes. The Secretary of State's website has several links to provide you with good information on how to properly do business in the state. You could also contact the N.C. Small Business and Technology Development Center to learn more about...

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  7. My office provides free living trust's to our clients. We are accountants and usually prepare taxes, but in our experience with

    Answered 8 months ago.

    1. Ruth Elaine McMahon
    2. Lawrence A Ajalat
    3. Pearlette Vivian Toussant
    4. Vance Tate Davis
    5. Steven M Zelinger
    6. ···
    10 lawyer answers

    I think the consensus is this unauthorized law practice and I see several comment posted as well, so I think the easy solution is for you to contact your professional liability carrier and ask for their opinion. If you don't have such a carrier, then I think you read all of these responses as indicating that you will go broke defending yourself if a problem over this ever arises.

    12 lawyers agreed with this answer

  8. Social Security Disability - OTR decision request

    Answered about 2 months ago.

    1. Vance Tate Davis
    2. Stephanie O Joy
    3. Robert Scott Dufour
    4. Cheryl F Coon
    5. Christine P. Benagh
    5 lawyer answers

    It is possible the OTR was denied but it would be highly unlikely that the Judge would write/review a decision because as you have been told denying the OTR is usually done by simply ignoring it and proceeding on with setting a hearing...so I would cross my fingers and hope for a favorable decision. The reasons the Administration won't tell you approval/denial is because your decision is not yet completed and there are actually some things that could happen that might cause the decision not to...

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  9. We have a son with a disability and want to make sure he is not jeopardized by our leaving anything to him in our wills.

    Answered 3 months ago.

    1. Vance Tate Davis
    2. E. Alexandra Golden
    3. Meredith Landmann Lawrence
    4. Christopher W. Vaughn-Martel
    5. Gregory T. Pearce
    6. ···
    8 lawyer answers

    You are asking the right questions so I recommend you do the right thing next...which is consult with an experienced estate planning attorney and make sure he/she is well aware of your son's situation. The attorney will likely take several factors into consideration in helping you design an appropriate estate plan. Those include, the likely size of the estate, the nature of the family relationships (good, bad, etc) and the precise benefits to be protected for your son. A properly drawn trust...

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  10. I NEED TO CLOSE MY FATHER'S P.O.D. ACCOUNT. I AM ONE OF THREE BENEFICIARIES ON THAT ACCOUNT AND ANOTHER BENEFICIARY IS DECEASED.

    Answered over 1 year ago.

    1. James P. Frederick
    2. Donna R Blaustein
    3. Celia R Reed
    4. Vance Tate Davis
    5. Stephen Scott Pearcy
    5 lawyer answers

    Your question doesn't identify what county in North Carolina you are needing to deal with. If you want to provide that information, I can probably give you a contact here in NC or you might want to use the "find a lawyer" tab here on Avvo to locate an attorney in the county you are dealing with. I doubt that you would have to personally appear but in any event it sounds like you need to talk with an NC lawyer.

    10 lawyers agreed with this answer

    1 person marked this answer as helpful