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A Tradition of Competence

Two of the most common client frustrations are lack of information and lack of communication.  Here, at Harvell and Collins, P.A., we try to do our very best to disseminate useful legal information and increase communication.  Our BLOG is just one way that we attempt to accomplish these objectives.  Please read through our entries and if there are any particular topics you would like addressed let us know.

 

Special Needs Trust Fairness Act Allows Disabled Individuals To Establish Their Own Special Needs Trust

On December 7, 2016, the Senate approved H.R. 34, which includes the Special Needs Trust Fairness Act.  This act adds provisions to the law allowing competent individuals with disabilities to create their own special needs trusts. Under means-tested benefit programs like Medicaid and S… Read More

Second Marriages

Use of Marital Trusts to Satisfy Elective Share Clients who do not want to satisfy the Elective Share Amount with an outright bequest to the surviving spouse will require the use of a marital or spousal trust as defined under N.C.G.S. Sections 30-3.2 (3c) (g) and 30-3.3A (e). The marital … Read More

Surviving Spouse

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Medicaid Estate Recovery and Liens

Under Medicaid law, following the death of the Medicaid recipient North Carolina attempts to recover from his or her estate whatever long-term care benefits were paid for the recipient's care. North Carolina attempts to recover these funds from the Medicaid recipient's probate estate, meani… Read More

Medicaid Estate Recovery and Leins

Under Medicaid law, following the death of the Medicaid recipient North Carolina attempts to recover from his or her estate whatever long-term care benefits it paid for the recipient's care. North Carolina must attempt to recover funds from the Medicaid recipient's probate estate, meaning p… Read More

Can You Gift Money to Your Kids?

It all depends!  What a true statement! It is well known that for Estate and Gift tax purposes ( The Federal Annual Gift Tax Exclusion) any one person may gift each year up to $14,000 to any person.  In fact, you can gift  $14,000 to any number of persons in one calendar year… Read More

Can a Child Get Paid for Helping Their Parents?

The Importance of The Personal Services Contract Many elder clients have their child or grandchild or other relative help provide care in the home during their elder years.  Some children even provide housing in their home for their elder parent.  These arrangements must be reduce… Read More

Death and Online Accounts

What happens to my E-mail, Facebook, Twitter, Instagram, or other Digital Assets when I die?      The answer to this question has been greatly clarified due to the North Carolina General Assembly’s passage of the Revised Uniform Fiduciary Access to Digital Assets A… Read More

What Happens to My Facebook Account When I Die?

What happens to my E-mail, Facebook, Twitter, Instagram, or other Digital Assets when I die? The answer to this question has been greatly clarified due to the North Carolina General Assembly’s passage of the Revised Uniform Fiduciary Access to Digital Assets Act. See N.C. Gen Sta… Read More

How to Pay for a Nursing Home?

Top Ten Elder Law Questions   Will Medicare pay for my nursing home costs? No.  Medicare covers nursing home costs for only up to one hundred (100) days.  However, Medicaid will pay for nursing home costs for eligible individuals. How much does nursing home care… Read More

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