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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.

 

Update to: Do I need to update my Corporation?

The answer is YES.  You must "walk and talk" like a corporate entity and if not, then your corporate protections could fail.  Each corporation should maintain consistent annual meeting notes and maintain current status with the North Carolina Secretary of State.  It is importa… Read More

Update to: Is there a new Power of Attorney law?

Effective 2018, North Carolina will enact a new Power of Attorney Statute which significantly modifies and amends the current Power of Attorney Statute.  Harvell and Collins, PA will be addressing this new statute in a number of ways as we move closer to the 2018 and in the months follo… Read More

Update to: How do I protect assets from long term nursing home?

There are so many options available to clients who wish to protect their life of savings from the spend down of a long term nursing home.  It is important that elder clients consult with a lawyer who handles these types of cases and works closely with families to achieve the objective o… Read More

Update to: What are spousal rights in North Carolina?

The spouse in North Carolina has any number of statutory rights to the estate of his/her spouse!  This is why it is said, that one cannot usually "leave out" or disinheret a spouse.  This is a complex, but interesting area of the law.  If you are a surviving spouse, then it mi… Read More

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

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