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I live in NC but need estate planning advice for my parents, who live in SC. Do I have to find a SC lawyer?

Asheville, NC |

I need to set up an Irrevocable Trust so I can start the process for filing for a VA Aid and Attendance Pension for my dad. Is setting up this sort of trust state specific? If I can do this without traveling back and forth it would be a great help. I have POA for both of them.

Many thanks for any advice. Unless you are just trying to up your Avvo presence by "answering" this question with "I am not an estate attorney, but..." You know what I mean.

Attorney Answers 5

Posted

To establish an Irrevocable Trust you are going to need an attorney. I would suggest you contact an estate planning attorney in your area and see if they feel they can help you. Most likely you are going to need an attorney in South Carolina to establish the trust for you. It is possible the majority of this can be done over the phone and by email so your need to travel back and forth would be very minimal.

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Posted

Ms. Timiney is correct. I would just add that there are several North Carolina Estate Planning attorneys that are also licensed in South Carolina that can assist you. I would caution you making certain that you retain an attorney that is experienced with both VA benefits as well as Medicaid planning. Often times, both need to be done. Good luck!

The information is made available by Sabrina Winters, Attorney at Law, (publisher) for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. There is no attorney client relationship between you and Sabrina Winters, Attorney at Law. The information provided should not be used as a substitute for competent legal advice from a licensed professional attorney retained in your state.

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Posted

I would recommend that you use a S.C. Elder Law Attorney, unless you decide to move your parents to NC, so that you would be closer to them. If so, please see a NC Elder Law Attorney to learn the best way to handle this matter in NC.

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Posted

I recommend that your parents meet with an attorney in South Carolina to determine if an irrevocable trust would be appropriate. Although the VA Aid and Attendance Pension is a federal benefit, Medicaid laws are state specific. Transfers to an irrevocable trust will be subject to a five year look back period for Medicaid, so it is important that your parents meet with an attorney familiar with both VA benefits and the Medicaid laws in their home state to determine an appropriate plan.

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Posted

I think your real question has to do with the VA pension and here what you really really need someone (from whichever state) who is familiar with the VA pension process... the trust is important, of course, but starting next year the use of irrevocable trusts for immediate VA qualification will be over and done with... also, even now, the VA caseworkers are casting suspicious eyes on trusts and I've heard of several cases where the attorney used the wrong form, which opened the door to look at the trust, which led to disqualification... So, whichever state you choose, ask the attorney a lot of questions about the new rules... if the atty has to do "research" thank and excuse yourself...

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