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.
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 tr… Read More
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… Read More
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 many… Read More
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 always re… Read More
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 indiviuals. How much does nursing home car… Read More
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. SEC… Read More
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 case … Read More
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 discussed s… Read More
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 framework f… Read More
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… Read More
