How do I name a Testamentary Trust, created through a will, as a contingent beneficiary for an IRA and group life ins policy?
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Answered on August 01, 2014
I agree that you need to make sure your will is written in a way that allows for maximum benefits for your child or children if in fact the IRA...
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How can I protect my father from family members who may try and scam him out of his home.
Brett's answer
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Answered on August 01, 2014
If your dad agrees to it, having a good durable power of attorney may be the first step in protecting him from being taken by others. He has to be...
Once you have been sanctioned by DSS, how long will it last.
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Answered on July 16, 2014
In NC, for every $6300 gifted, DSS sanctions you one month of private pay in a nursing home. The sanctions should start the first month that the...
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My mother is in a nursing home and medicaid will not start paying for 5 months. Is there a legal way I can keep there?
Brett's answer
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Answered on July 16, 2014
You should contact an elder law attorney in North Carolina who can help look in to getting your mother qualified for Medicaid. The longer she is...
Archived
If you get money from a lawsuit does it affect someone getting Medicaid/medicare monthly ?
Brett's answer
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Answered on July 16, 2014
If it is a large enough settlement, a special needs trust may be the right way to go. This will most likely have to be drafted and funded with the...
Archived
Mother in nursing home on Medicaid. Father passed and she is one of the beneficiary. Her part is 4300 dollars
Brett's answer
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Answered on June 26, 2014
There are many ways to spend down excess assets for Medicaid purposes in North Carolina. An elder law attorney can help assist you in what may be...
Archived
No ownership interest in the home I live in since the death of my husband
Brett's answer
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Answered on June 21, 2014
Sorry for your loss. Mobile homes in North Carolina can be complicated. Sometimes they are considered personal property like a car, other times...
What exactly do I need to post in the newspaper as a notice to creditors of my father's death?
Brett's answer
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Answered on June 17, 2014
Most major newspapers in North Carolina will supply the wording for you. You will need all of the information that is on the death certificate. ...
Archived
My aunt is in a nursing home, she has a house, is it legal for the state to take her home, we(POA) can't sell it.
Brett's answer
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Answered on June 16, 2014
A lot depends on what your Power of Attorney authorizes you to do as her agent. Also, you need to consider the consequences of selling property...
Archived
Estate question - about POD bank acct
Brett's answer
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Answered on June 09, 2014
With POD accounts, the Court is going to require signature cards as proof when settling the estate. If the bank has those cards, there should be...
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