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.
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.
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.
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 thoroughly review the specific facts and circumstances of your case. This is not to be considered as a solicitation for legal services in any particular matter or as an invitation to establish an attorney-client relationship as to any particular matter. An attorney-client relationship with our firm and its lawyers is established only after a specific engagement has been expressly agreed to between our firm and a client through direct person-to-person communication. The content of any email sent to Wiggen Law Group PLLC via this website will not create an attorney-client relationship and will not be treated as confidential.
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 question. My response to your question is probably worth exactly what you paid for it. You don't get to sue me for anything. If you'd like to sue me, well you have to hire me first. Here's how you can hire me! #1 Call: 1-888-463-2843 #2 Email: email@example.com #3 See me on TV! www.woodtv.com - go to the Ask the Expert tab! #4 Listen to my radio show (2 full hours every week!) www.woodradio.com - go to the podcast section.