Vance Tate Davis’s Answers

Vance Tate Davis

Mountain City Social Security Lawyers.

Contributor Level 16
  1. Can an verbal life estate or verbal living expenses reimbursement agreement be considered legal, ie. Medicaid puposes?

    Answered 12 months 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 about 1 year ago.

    1. Vance Tate Davis
    2. Clint Curtis
    3. Kevin Bernard 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 12 months 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.

    11 lawyers agreed with this answer

  4. 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 11 months 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

  5. I just started a small business .

    Answered about 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...

    10 lawyers agreed with this answer

    1 person marked this answer as helpful

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

    Answered 5 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

  7. 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 12 months 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

  8. My fiancee and I moved into a farm house in Trenton, North Carolina over a month ago. No lease agreement and no security deposit

    Answered 12 months ago.

    1. Vance Tate Davis
    2. Michael Clyde Harman
    3. John P Corrigan
    3 lawyer answers

    The best thing to do would be for you to inform the landlord that you are going to move at the end of the upcoming month. To be effective, your notice must be made at least seven days before the end of this month. Do that in writing, preferably sending your notice by registered mail, return receipt requested and keeping a copy of the notice plus the green receipt for the registered mail. I would also consider stating in your notice that you never agreed to the mowing fee and that you object...

    8 lawyers agreed with this answer

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  9. I turn 20 years old and got approved for my ssi claim but i do not get full benefits how is that they do not have to give me it

    Answered 4 months ago.

    1. Vance Tate Davis
    2. D K Kevin Dugan
    3. Stephanie O Joy
    4. Shoshana Rivka Pehowic
    4 lawyer answers

    I would bet that you are living with someone and SSI is being reduced for "in kind support and maitenance." Since SSI is needs based, there is a presumptive reduction in benefits to account for getting free rent and the like by someone else paying for the home. If you are paying rent, you need to show that to SSI to get the ISM reduction removed.

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  10. If I have a fairly large inheritance, is it still possible to get my social security disability benefits?

    Answered 11 months ago.

    1. Vance Tate Davis
    2. Elizabeth Rankin Powell
    3. Amanda Hope Meadows
    4. Giacomo Jacques Behar
    4 lawyer answers

    An inheritance would not interfere with eligibility for Social Security Disability Insurance (SSDI) benefits because they are not means tested. Supplemental Security Income (SSI) benefits, on the other hand, are means tested (as is Medicaid, which often is associated with SSI). Even if you are receiving SSI, you may be able to invest the proceeds into non-countable assets (such as a primary residence) and avoid a lengthy loss of SSI. If you are receiving SSI, I would strongly recommend...

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