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

Asked about 2 years ago - 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)

  1. Sabrina Winters

    Pro

    Contributor Level 11

    4

    Lawyers agree

    Answered . 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... more
  2. Cheryl K. David

    Pro

    Contributor Level 15

    4

    Lawyers agree

    Answered . 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.

  3. Doris Jordan Wiggen

    Contributor Level 8

    4

    Lawyers agree

    Answered . 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.

    You should not act upon any information contained in this website without first seeking legal counsel to... more
  4. Leigh Anne Timiney

    Contributor Level 12

    4

    Lawyers agree

    Answered . 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.

  5. David L. Carrier

    Pro

    Contributor Level 18

    3

    Lawyers agree

    Answered . 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...

    This is not legal advice. I am not your lawyer. You are not my client. You cannot rely on my response to your... more

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