his money.Mom is 83 and Dad is 85
The only way you can be certain what can be protected and how much, is to speak with a qualified Estate Planning attorney that has experience with Medicaid Planning. There are numerous ways in which to protect assets that are permitted and other ways that will cause a penalty period where Mom will be required to privately pay. I would not delay in contacting an attorney soon. To prepare I would start to gather all Mom and Dad's asset information (how each is owned, value, beneficiary designations, etc.); all expenses associated with Mom and Dad (healthcare, RX, Medicare, etc.); Mom and Dad's income (Social Security, Pensions, Dividends, etc.) This is the information that the attorney will need to know. I also encourage you not to apply for Medicaid when you are not certain that Mom will qualify.See question
This is a question for a North Carolina lawyer, and what does it cost, and do legal papers need to be drawn up? How do I keep the daughter and the son from getting anything from me after I die? (For example: Property, money, etc.)
In North Carolina individuals are permitted to disinherit children. In order to do this you should have a Will or Revocable Living Trust which dictates to who your estate is to pass. If done properly your children will not inherit. I recommend adding a statement to your documents that disinherits your children and be as specific as possible in your wording.
If you do not put it in writing, pursuant to North Carolina statute along with your beneficiary designations on your assets, may cause your estate to actually be inherited by your children.
I suggest you speak with an attorney who is experienced in Estate Planning and get your wishes in writing via Will or Revocable Living Trust.See question
Keep funds from daugther in law in case of my son's death or divorce
Yes there is. Your Will needs to have language that essentially creates a Trust at your death instead of leaving everything to him outright. Whatever your son would inherit from you would go into this Trust and it would be protected...only if the proper language is present. I would recommend having your Will reviewed by an experienced Estate Planning attorney to make certain that your wishes are put in place properly.See question
I found out this information by accident. My sister is the executor of my mother's estate and has not informed me of this policy. I wonder if there are other things as well involving her estate that I am unaware of that I may be entitled to. Ho...
Assets that have a named beneficiary pass outside of the Will. This means, that regardless of what mom's will says, you would be entitled to the life insurance proceeds. If your sister has been appointed the Executor by the Clerk's office she would have been required to list any and all assets that were in mom's name at her death on the Application. Although the Probate Court does not control assets with named beneficiaries or joint with rights of survivorship, an Executor is required to list these as well. The file is a public document. I would first suggest that you take a look at the file and the application that was submitted to determine what assets were known of when it was filed. In addition, if you were named as a beneficiary on any other asset, she would not be able to collect this on your behalf. The financial institutions would be required to make payment directly to you. If you suspect that she is not being candid with the Court, I would suggest you contact a Probate attorney to discuss this matter further. There are Court procedures in place to safe guard against this. Best of luck.See question
My father passed away and my uncle and fathers care giver took his personal belongings. I have been made admin of estate and am wondering what I should do if they have taken money or what can be done?
I am assuming that by your statement "you have been made admin of the estate" that you have opened an estate file with the Court and you have been formally appointed with the appropriate documents reflecting this. If this is the case, then there are specific Court procedures that you as the administrator can commence to compel the return of assets. I would not wait to speak to an estate attorney, I would call one immediately. If your uncle has taken money that you know belongs to the Estate then by waiting you run the added risk that there will be no assets remaining to be returned. I would suggest getting legal assistance soon.See question
He just died on aug.17, 2012, and I was always told of a will,but wasn't really sure?
I am sorry for your loss. I would suggest looking through his home...look in his nightstand, closet, file cabinets, all the typical places you would think to find private documents, as well as under the bed, in boxes, etc. If you don't find the will, you may end up finding an attorney's business card whom you could then call. Your other option is to contact the Estate Department at the Courthouse in the County where your father lived. Sometimes, people file their original wills there for safe keeping. Finally, if he had a safe deposit box you may find it there. Keep in mind, if his name was the only name on the safe deposit box, without an Estate File open, you will need a Court Order to open the safe deposit box. Good luck.See question
I HAVE THE DURABLE POWER OF ATTORNEY FOR MY MOTHERS ESTATE. SHE PASSED AWAY AND I WENT TO THE CLERK OF COURT AND WAS TOLD THE DURABLE POWER OF ATTORNEY IS VOID UPON HER DEATH. IS THIS TRUE?
Yes that is correct. You will need to open an estate file to deal with her assets. You or the appropriate person will need to be appointed the fiduciary.See question
DURABLE POWER OF ATTORNEY
There is no requirement pursuant to the North Carolina statutes that there be any witnesses on a Durable Power of Attorney. The maker's signature needs to be notarized. A HealthCare Power of attorney requires two witnesses.See question
no other details
You will need to share additional information to get a proper answer on not whether a probate should be filed, but what type. What assets were owned by the decedent? How were they owned? Were there beneficiaries on any assets? Was there real property involved? In order for a financial institution to speak to anyone who is not named on an account, they will need to see authority from the Clerk of Court appointing someone as the fiduciary of the estate...which means you would have to file a petition for probate. Additional information would be helpful.See question
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 he...
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!See question