Why using the Statutory Short Form Power of Attorney is a Bad Idea in North Carolina

short form power of attorney

If you’re new here, you may want to subscribe to my RSS feed. Alternatively, you may sign up for email updates in the box to the right. Thanks for visiting!In North Carolina, the legislature has prepared a statutory short form power of attorney to help and guide attorneys and citizens who need a durable power of attorney. (Which is pretty much everyone). However, just because it is out there, doesn’t mean you should use it. Here is a link to the statutory short form. (Or scroll to the bottom of this page, I’ve copied and pasted the form into this post). […]

What is an Elder Law Attorney and How Can They Help You?

elder law

Defining the term “elder law” is an almost impossible task. The easiest way to think of what an elder law attorney does is to define the population of people they serve – the elderly and the disabled. But in terms of the actual work that an elder law attorney does, it runs the gamut from Medicaid and veterans pension planning to nursing home negligence and elder abuse. Many people don’t realize that Elder law is also a subset of estate planning. How Can an Elder Law Attorney Help You? Here are just a few of the things that an elder […]

Free Seminar: How to Pay for Nursing Home Care Without Going Broke

Pay for nursing home care

On Tuesday, May 23rd, from 12-2pm at Cambridge Village of Apex, The Hart Law Firm will be hosting a free seminar entitled: How to Pay for Nursing Home Care Without Going Broke. This is a great informational session for anyone who has a loved one that is currently in assisted living or is receiving at-home care and may need to move to a nursing facility or who is already living in a nursing facility and was disqualified from receiving Medicaid benefits or Special Assistance. Some of the topics that we will cover include: Medicaid Planning Veterans Benefits Long Term Care Special Assistance […]

How to Pay for Nursing Home Care in North Carolina Without Going Broke

How to Pay for Nursing Home Care

Recently, I’ve had a number of inquiries from family members of elderly parents who need to figure out how to pay for nursing home care without draining their life savings. This is a complex and tricky area of the law, and if done incorrectly, can lead to a lot of problems. For that reason, I’ve reached out to another elder law attorney in Raleigh to assist me with some of these issues. Yesterday, he was kind enough to allow me to sit in on one of his seminars and learn more about the process of paying for nursing home care. […]

How Can a Step Up in Basis Help Your Estate Plan

step up in basis

Taxes are one of the most confusing areas of the law. Whether this is intentional or not is subject to much debate, but one thing is certain – if you are able to play the game correctly, you can save yourself (and your heirs) lots of money. Many people get confused by terms like “step up in basis,” when in reality it shouldn’t be that confusing. But then again, that is easy for me to say, I get paid to give legal advice including, from time to time, basic advice about taxes. What is a Capital Gain? Before we talk […]

Things to Consider When Funding Your Trust With Real Estate

Real Estate into Trust

A common estate planning technique that I have talked frequently about on this blog is to place all your assets into a Revocable Living Trust. There are a number of benefits to this strategy, including: Maintaining Privacy for Your Family Ease and Cost of Administration Probate Avoidance Administrative Flexibility during Your Incapacity and after Your Death Asset Protection Estate Tax Avoidance But that is not to say that there aren’t issues that crop up when you decide to place real estate into a trust, which many people do. Here are just a few of the considerations you must think about […]

Accidental Disinheritance: Why it is So Important to Update Your Estate Plan Every Year

accidental disinheritance

This morning I came across an article on JD Supra that discussed several scenarios when an accidental disinheritance could occur. An accidental what? An accidental disinheritance. In other words, you inadvertently disinherit a loved one by failing to properly update your estate plan on a regular basis. Instead of your life insurance proceeds or retirement accounts going to the people you intended them to go to, such as your adult children, they go to an ex-spouse or your step-children whom you hadn’t intended to leave money to. This most frequently can happen after a divorce or remarriage, if one of […]

You Just Found Out You Have a Terminal Illness… Now What?

terminal illness

If you are reading this because you recently found out that you have a terminal condition, such as cancer or ALS, let me first say how sorry I am. I still remember the conversation with my sister telling me that my Mother had terminal cancer. My Mom couldn’t or wouldn’t process the information from the doctor, so my sister made the call. It was a tough conversation with lots of tears. It created a lot of uncertainty and questions, such as “how much time does she have?” and “what can we expect in the coming months?” I can’t even begin […]

Legal Issues Surrounding Aaron Hernandez’s Estate

aaron hernandez estate

You may have thought that you heard the last of Aaron Hernandez after he committed suicide in his jail cell last week. But unfortunately, this tragic story might just be getting started. The lawyers handling Aaron Hernandez’s Estate will have plenty of work to do in the coming months, with millions of dollars at stake. Aaron Hernandez and Grievances with the New England Patriots The first issue that must be settled are the contractual disputes that remain in play between Aaron Hernandez and the New England Patriots. There are currently three pending grievances that must be resolved, two from the […]

How to Prepare an Estate Plan for a Child Who Has “Issues”

estate plan for child

As parents, we all hope and pray that our children will grow up to be good people and productive members of society. And for the vast majority of us, that is exactly what happens. But what happens if you have a child that is influenced by peer pressure to try drugs or falls into the wrong group of friends? Or maybe your child makes it through high school and college without any issues, but then marries someone who doesn’t share your values or steers him or her down the wrong path? How do you create an estate plan for a […]