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Special Needs Trust Carteret County Attorney

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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 disabi…

Medicaid Reimbursement

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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 Medi…

Estate Recovery Medicaid

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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 it paid for the recipient's care. North Carolina must attempt to recover funds from the Medicaid…

Bank Accounts upon Death

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  When Payable On Death Accounts Backfire Written by: Ashlea Ebeling ,   Forbes Staff  Are payable on death accounts a simple way to pass assets to heirs or are they a mistake? It sure sounds simple. With a payable on death ac…

Can you gift money to your kids?

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  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 cal…

Can a child get paid for helping parents?

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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 b…

Death and Online Accounts.

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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…

What happens when I die to my Facebook Account?

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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 Stat…

How to pay for a nursing home?

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Top Ten Elder Law Questions 1.         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.…

What is a Million Dollar Lawyer?

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The Million Dollar Advocates Forum is pleased to announce that attorney Wesley A Collins of Morehead City NC has been certified as a member. The Million Dollar Advocates Forum is recognized as one of the most prestigious groups of trial lawyers in the United States. Membership is limited to…

Wesley A. Collins, Member of Million Dollar Advocates Forum

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Established in 1993, the Million Dollar Advocates Forum (which includes the Multi-Million Dollar Advocates Forum) is one of the most prestigious groups of trial lawyers in the United States.  Membership is limited to attorneys who have won million and multi-million dollar verdicts and…

How do you file Bankruptcy?

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Introduction to the Different Chapters of Bankruptcy There are some common misconceptions about bankruptcy that seem to be shared by the general public.  For the most part, people seem to think that one has to give up all property in return for the elimination of all debts.  While…

Pay on death accounts.

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One of the most important steps in any well planned estate is the confirmation of ALL account beneficiaries, account designations, IRA beneficiaries, life insurance and annuity beneficiaries.  Be careful of "time on death", TOD,  and "payable on death", POD,  account benefic…

Time on Death Accounts.

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One of the most important steps in any well planned estate is the confirmation of ALL account beneficiaries, account designations, IRA beneficiaries, life insurance and annuity beneficiaries.  Be careful of "time on death", TOD,  and "payable on death", POD,  account benefic…

Can I add my child to my bank account?

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  One of the most important parts of any estate plan is the verification of account designations, beneficiary designations, and similar to "pass on death" designations. What good does it do to divide your estate equally between your three (3) children, but then have your one (1) chil…

Second Marriages.

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  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). Th…

Can I hand-write a Will?

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North Carolina will enforce a hand-written Will, but you should contact your attorney for additional advice.  These handwritten Wills can cause delay, taxes and excessive costs if not property written.      

What is an Executor?

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An Executor is the person who gathers your assets, pays your last bills, and distributes your assets pursuant to your instructions in your WILL.     

What does Fiduciary mean?

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A fiduciary is a person who holds property, monies for the benefit of another.  Examples are agents under a Power of Attorney, executors under WILLS and trustees under Trust.  All of these persons are Fiduciaries.   

Medicaid Long Term Care

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Yes, there is a five (5) year look back rule for Medicaid nursing home qualification.  But, this five (5) year rule is complex and you should contact our office in Morehead City for more information if there are questions.    

Five year look back period Medicaid

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The current look back period for Medicaid is now five years and not three years.  Please contact an Elder Law lawyer for more information on this look back period in that it is complex and many exceptions do in fact apply.  

Attorney, Lawyer, Beaufort, North Carolina

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AN INTRODUCTION TO ESTATE PLANNNG It sounds so simple, but many people "just don't get around to making a will" even though they fully intend to do so.    A well-drafted Last Will and Testament can greatly avoid unnecessary costs and complications for your heirs when you d…

Elective Share in North Carolina

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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 …

Insurance and Annuity Beneficiaries

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It is important to keep all beneficiary designations on annuities and policies of insurance updated in order to reflect any change in circumstances.  Insurance policies and annuities are usually non-probate assets, meaning they do not pass through the estate upon death.  Instead, t…

Medicaid and the FL2, what is it?

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It is critical to know that Medicaid, under almost all circumstances, will ONLY pay for "Skilled Nursing Care".  This designation is known as "SNF" on the "FL2" form signed by the physician. Medicaid does not generally pay for Assisted Living or In Home Assistance.  We assist ma…

Tell me about Probate

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  Probate is a court-supervised legal process that gives someone, usually the surviving spouse or other close family member, authority to gather the deceased person’s assets, pay debts and taxes, and eventually transfer assets to the people who inherit them. Probate isn’t…

What is Elder Law?

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Top Ten Elder Law Questions  1.         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 indi…

Guardian for your child

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Yesterday, the Governor signed Senate Bill 336 into law. Section 2 of that Act—which establishes new procedures for a judicial declaration that a will is valid prior to the petitioner’s death—goes into effect immediately. The full text of Section 2 appears below.  S…

Wills, Part Three, Beaufort, North Carolina

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This is part three in a six-part series entitled Dying Without A Will in North Carolina. Today I will be explaining predeceased heirs and distribution among classes under the North Carolina Intestate Succession Act. PREDECEASED HEIRS AND DISTRIBUTION AMONG CLASSES It is sometimes the ca…

Wills Part Five, Beaufort, North Carolina

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This is part five in a six-part series entitled Dying Without A Will in North Carolina. Today I will be explaining some special cases regarding children’s shares under the North Carolina Intestate Succession Act. CHILDREN’S SHARES: SOME SPECIAL CASES We have already discusse…

Wills Part Two, Beaufort and Morehead City, NC

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This is part two in a six-part series entitled Dying Without A Will in North Carolina. Today, I will be explaining who inherits what under the North Carolina Intestate Succession Act. WHO INHERITS WHAT? The most important function of the Intestate Succession Act is to provide a framewor…

Wills Part One, Carteret and Craven Counties

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One of the most important documents in an individual’s estate plan is their last will and testament. A valid will allows an individual to determine what happens to their property when they pass away. However, a common question I get from clients is what would happen if I were to die wi…

Attorney, Cecil Harvell, Morehead City, North Carolina

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  "It is critically important to listen carefully and intently to the wishes of the estate planning client and then create provisions in their documents that accomplish these wishes.  The calling of the lawyer is to assists the client and guide them carefully to a position where t…

Beaufort, North Carolina, Lawyer, Attorney

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This is the final part in a six-part series entitled Dying Without A Will in North Carolina. Today I will conclude my discussion of the North Carolina Intestate Succession Act. CONCLUSION We hope that this overview of some of the legal consequences of passing without a Will has been infor…

If I die with NO WILL?

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This is part five in a six-part series entitled Dying Without A Will in North Carolina. Today I will be explaining some special cases regarding children’s shares under the North Carolina Intestate Succession Act. CHILDREN’S SHARES: SOME SPECIAL CASES We have already discusse…

Do I need a WILL for my minor child?

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This is part four in a six-part series entitled Dying Without A Will in North Carolina. Today I will be explaining what happens to minor children as heirs under the North Carolina Intestate Succession Act. MINOR CHILDREN AND GUARDIANSHIPS One issue that may not often be considered by thos…

Dying with NO WILL!

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This is part three in a six-part series entitled Dying Without A Will in North Carolina. Today I will be explaining predeceased heirs and distribution among classes under the North Carolina Intestate Succession Act. PREDECEASED HEIRS AND DISTRIBUTION AMONG CLASSES It is sometimes the cas…

I have NO WILL ... what happens?

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This is part two in a six-part series entitled Dying Without A Will in North Carolina. Today, I will be explaining who inherits what under the North Carolina Intestate Succession Act. WHO INHERIT The most important function of the Intestate Succession Act is to provide a framework for th…

What happens when you die with NO WILL?

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One of the most important documents in an individual’s estate plan is their last will and testament. A valid will allows an individual to determine what happens to their property when they pass away. However, a common question I get from clients is what would happen if I were to die …

Academy of Elder Lawyers

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AN INTRODUCTION TO ESTATE PLANNING It sounds so simple, but many people "just don't get around to making a will" even though they fully intend to do so.  A well-drafted Last Will and Testament can greatly avoid unnecessary costs and complications for your heirs when you die. …

Elder Law Attorney, Craven County, Carteret County, Cecil Harvell

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Elder law attorneys and elder care lawyers deal with issues related to elderly and disabled people. They write wills, answer tax questions, and plan strategies for obtaining disability, Social Security, Medicaid, and Medicare payments. Their services are useful for health and long-term car…

Probate in Beaufort and Morehead City, North Carolina

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Probate is the legal process used to carry out a person's will after their death; a probate attorney advises you on how to perform the steps in the process. In general, once you have identified and collected the dead person's belongings, including their money, property, and other assets, y…

Attorney, Beaufort, North Carolina, Cecil Harvell

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Three Estate Settlement-Related Taxes: A Primer At Harvell and Collins, P.A., we find that our clients often have questions about tax issues that arise regarding both estate planning and the probate process.  The subject of taxes can often be complex and intimidating.  Typically…

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Harvell and Collins, P.A.

1107 Bridges Street

Morehead City, NC 28557

Telephone: 252.726.9050

Fax: 252.727.0055

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