Generated by All in One SEO v5.0.0.1, this is an llms.txt file, used by LLMs to index the site. # Carolina Estate Counsel | Raleigh NC Elder Law Firm ## Sitemaps - [XML Sitemap](https://www.carolinaestatecounsel.com/sitemap.xml): Contains all public & indexable URLs for this website. ## Posts - [Blog](https://www.carolinaestatecounsel.com/blog/) - Check our blog for current information on estate planning, wills, trusts, gifting, core documents, Medicaid issues, veterans aid and attendance, elder law. - [OPTIONS FOR SENIOR LIVING](https://www.carolinaestatecounsel.com/options-for-senior-living/) - GETTING OLDER............. WHAT ARE YOUR HOUSING OPTIONS? -Age in Place: Make sure your home is safe and fully accessible. Should you have a pendant or watch that indicates a fall or other emergency? Door bell monitor? Understand and vet all available community services including medical, social and religious. Is "Adult Day Care" a possibility? -Village - [Assisted Living: Possible ways to pay](https://www.carolinaestatecounsel.com/assisted-living-possible-ways-to-pay/) - Assisted Living is basically defined as a community to help an individual with their "Activities of Daily Living". ADL's are: Walking, or otherwise getting around the home or outside. The technical term for this is “ambulating.” Feeding, as in being able to get food from a plate into one’s mouth. Dressing and grooming, as in - [Is it Dementia (Alzheimer's) or is it something else????](https://www.carolinaestatecounsel.com/is-it-dementia-alzheimers-or-is-it-something-else/) - Before you accept a diagnosis of Dementia, please have a full physical exam. 4 medical issues that could be mistaken for Alzheimer's disease: •Medication. The medications your doctor prescribes could provide different side effects as you age. ... (Have your meds looked at for adverse Drug Interactions) •Urinary Tract Infection. A urinary tract infection (UTI) - [Shareholder rights (Especially if you own shares in small or privately owned companies)](https://www.carolinaestatecounsel.com/shareholder-rights-especially-if-you-own-shares-in-small-or-privately-owned-companies/) - Protecting Your Rights as a Shareholder If you are considering purchasing shares in a company, do you understand the potential risks as well as the perks? What are the rights and privileges of a shareholder? And how do you protect these rights once you have them? Before becoming a shareholder, review the shareholders’ agreement carefully - [You should have easy access to these documents](https://www.carolinaestatecounsel.com/you-should-have-easy-access-to-these-documents/) - Can you find your important "papers" when you need them most (and fast)? Important paperwork and documents are markers of adulthood, and they become even more important as we age. While we should all strive to have our documents in order, the practice is critical as we grow older. We never plan to fall ill - [Pre-Paid Funeral. I'm afraid my investment will be lost](https://www.carolinaestatecounsel.com/pre-paid-funeral-im-afraid-my-investment-will-be-lost/) - I'm sure you've heard the story of people who lost the whole amount they gave to the funeral home that went out of business or was sold? In N.C. - here is why it's safe for you to do. The facts are as follows for North Carolina (other states are different): All NC pre-need accounts - [If you are receiving Medicaid Waiver Payments, you need to read this!](https://www.carolinaestatecounsel.com/if-you-are-receiving-medicaid-waiver-payments-you-need-to-read-this/) - Article Highlights: What are Medicaid Waiver Payments? IRS Ruled Them to be Non-Taxable Taxpayer-Favorable Tax Court Case Tax Credits Amended Returns Medicaid waiver payments are a type of payment from a state to an individual to take care of another individual who would otherwise be institutionalized, saving the government the cost of the more expensive - [Medicaid Planning? Starting with the finances.](https://www.carolinaestatecounsel.com/medicaid-planning-starting-with-the-finances/) - Assets we’ll look at: Checking accounts Savings accounts Brokerage accounts Certificates of deposit Stocks and bonds Savings bonds Primary residence if applicant does NOT intend to return home (note that if equity is greater than $595,000.00, then applicant does not qualify for Medicaid) Real property, other than primary residence (with certain exceptions) Limited partnerships Cash - [Financial (General/Durable) Power of Attorney](https://www.carolinaestatecounsel.com/financial-general-durable-power-of-attorney/) - Understanding Financial (General/Durable) Power of Attorney A power of attorney allows a person you appoint -- your "attorney-in-fact" or agent -- to act in your place for financial or other purposes when and if you ever become incapacitated or if you can't act on your own behalf. There are four main types of powers of - [Health Care Power of Attorney: North Carolina](https://www.carolinaestatecounsel.com/health-care-power-of-attorney-north-carolina/) - North Carolina HEALTH CARE POWER OF ATTORNEY: 7 things to think about What is it? In North Carolina a Health Care Powers of Attorney authorizing someone to make medical decisions for you, if you become unable to make or communicate your own medical decisions. Note that the creator of the Health Care POA must - [PROBATE: Simple Overview of what needs to be done](https://www.carolinaestatecounsel.com/probate-simple-overview-of-what-needs-to-be-done/) - By no means are we going to imply that the NC Probate Process is simple. There are many dates that need to be adhered to, forms and procedures that can create pitfalls for your family. Here are the basics: Step 1: File a petition to begin probate. Step 2: Give notice to heirs, beneficiaries and - [Estate Planning Possibilities (2) | Carolina Estate Counsel | Raleigh NC Elder Law Firm](https://www.carolinaestatecounsel.com/estate-planning-possibilities-2-carolina-estate-counsel-raleigh-nc-elder-law-firm/) - Ever wonder if you may have missed some planning opportunity in your Estate Plan? What about some of these: Grantor Retained Annuity Trust Annual Exclusion Trusts Defective Trust Planning Dynasty Trusts Generation Skipping Transfer Qualified Personal Residence Trust Tax Free Exchange of Low Basis Stock Stand Alone IRA Trust If you have any questions about - [Estate Planning Possibilities](https://www.carolinaestatecounsel.com/types-of-trusts/) - You may have heard of different types of Estate Planning techniques, but here are a few that you may not be totally familiar with: Irrevocable Life Insurance Trust Foundation Documents Beneficiary Forms Proper types of Property Ownership Limited Family Partnership These are just a few.......... the important point if to first understand what your goal - [Mom lives in Raleigh, you live in Utah. Long distance caregiving.](https://www.carolinaestatecounsel.com/mom-lives-in-raleigh-you-live-in-utah-long-distance-caregiving/) - Your elderly mother still lives about two hours away in the home you grew up in. Ever since dad passed away two years ago, mom has been able to continue aging in place on her own. But lately her health has taken a turn for the worse. Mom’s always made it clear to you and - [Aging in Place Home Modification vs a General Contractor](https://www.carolinaestatecounsel.com/aging-in-place-home-modification-vs-a-general-contractor/) - How does a home modification design specialist differ from an aging in place general contractor? Are you looking to modify your home to age in place? Increase accessibility? Perhaps you are considering an aging in place general contractor, but have you considered a home modification design specialist? These specialists come from different backgrounds, but many - [Deducting the costs of home modifications for Senior-Proofing a home.](https://www.carolinaestatecounsel.com/deducting-the-costs-of-home-modifications-for-senior-proofing-a-home/) - Article Highlights Improvements for Medical Care or Treatment Improvements That Increase the Home’s Value Improvements That Do Not Increase the Home’s Value Medical AGI Limitations While Americans may argue about any number of hot-button political topics, there’s no disagreement on one issue: the country’s population is aging…fast. According to the Social Security Administration, 10,000 baby - [Bankruptcy in part due to Long Term Care costs](https://www.carolinaestatecounsel.com/bankruptcy-in-part-due-to-long-term-care-costs/) - The research Referred to as a “coming storm of broke elderly,” the study was able to identify that the rate of citizens over the age of 65 who are now filing for bankruptcy increased about 204% from 1991 to 2016. The study also pointed out that the number of older citizens among the total number - [Medicare for all................ what does this really mean?](https://www.carolinaestatecounsel.com/medicare-for-all-what-does-this-really-mean/) - What are Medicare for All and Medicare for America, and how would these concepts change health care? (An article originally from The Association of Certified Senior Advisors, July 2019) As the 2020 presidential race heats up, voters are hearing more and more about Medicare for All. Yet, many of us aren’t sure exactly what that - [Adding someone to the DEED of your home](https://www.carolinaestatecounsel.com/adding-someone-to-the-deed-of-your-home/) - If you are thinking of adding someone to your deed, you may find some unforeseen consequences! Once you've added someone, you cannot undo the deed unless the person you added consents. Once on the deed, a person can take out a loan on the property. Depending on local law, they may be able to sell - [Stay home longer. What products are out there?](https://www.carolinaestatecounsel.com/stay-home-longer-what-products-are-out-there/) - HERE IS A PLACE TO START: AbleData.ACL.gov What is it that you need to keep your loved one home a little longer? Maybe it's different walker or a giant type crossword puzzle. Within the last few years, there have been many advances in technology that permit knows when someone is falling or when they get - [MEDICARE: What it DOES NOT cover](https://www.carolinaestatecounsel.com/medicare-what-it-does-not-cover/) - Many families we meet have the idea that MEDICARE will cover most of their LONG TERM CARE costs, like Assisted Living or Skilled Nursing as well as many of the medical costs associated with aging. Some of the costs NOT COVERED by Medicare: SKILLED NURSING: There is much confusion here because many of the "rehab" - [Part III- The best way to preserve family stories](https://www.carolinaestatecounsel.com/part-iii-the-best-way-to-preserve-family-stories/) - Aging offers gifts, if we look for them: for us as we grow older and for those who’ll come after us. Video So why do we use VIDEO to tell your family story and recommend you do the same? We love video. There’s nothing like it to capture and preserve the entire essence of the - [Sharing your family history - where to start](https://www.carolinaestatecounsel.com/sharing-your-family-history-where-to-start/) - Part II - Sharing Family History: Where to Start Every Story Media Guest Blog in three parts (this is #2 of 3) In this three-part series, Lyn Jackson of Every Story Media looks at why it’s important to capture and preserve your family stories, values and traditions, how to get started, and why video - [YOUR FAMILY STORY.......why it's important](https://www.carolinaestatecounsel.com/your-family-story-why-its-important/) - In this three-part series, Lyn Jackson of Every Story Media looks at why it’s important to capture and preserve your family stories, values and traditions, how to get started, and why video is the best method. Aging offers gifts, if we look for them: for us as we grow older and for those who’ll come - [The Cost of Dementia](https://www.carolinaestatecounsel.com/the-cost-of-dementia/) - The cost of any illness or disability can be staggering, but the average cost of caring for a loved one with DEMENTIA can be staggering. Dementia is the "umbrella term" for a number of cognitive disorders. This is just a few: Vascular dementia Lewy Bodies Parkinson's disease dementia Frontotemporal dementia Mild Cognitive Impairment and Alzheimer's - [Health Care Power of Attorney (POA) and Living Wills (Advance Directives)](https://www.carolinaestatecounsel.com/health-care-power-of-attorney-poa-and-living-wills-advance-directives/) - We usually don't have a list of phone calls on a Monday morning asking to talk about "end of life" wishes, BUT it is a very important topic. There are basically two (legal) ways that you can communicate your health care wishes, Health Care POA Advance Directive The Health Care POA will give direction to - [Dementia Friendly Business](https://www.carolinaestatecounsel.com/dementia-friendly-business/) - DEMENTIA FRIENDLY BUSINESS! Carolina Estate Counsel just competed the course requirements to certify us as a "Dementia Friendly Business". This initiative came about through the 2015 White House Conference on Aging and offered two basic points for businesses to follow: Commitment: We have committed to become a Dementia Friendly business based on the training we received. An - [Alzheimer's and Estate Planning](https://www.carolinaestatecounsel.com/alzheimers-and-estate-planning/) - BE PREPARED! Estate and Elder Law planning is even more important if you suspect that you or a loved one is in the early stages of Alzheimer's or any progressive cognitive disease. Here are just a few areas you should look at immediately: Durable Power of Attorney- Lets the agent make financial decisions when you can't. - [Special Needs Trust](https://www.carolinaestatecounsel.com/special-needs-trust/) - What is a "Special Needs" trust? Special Needs Trusts are created to comply with the complex rules of federal needs-based benefits programs that are important and may be available to people with disabilities, such as: • Supplemental Security Income (SSI) • Medicaid or VA Aid and Attendance • Section 8 Housing • Food Stamps When - [Long Term Care........ are you part of the 70%](https://www.carolinaestatecounsel.com/long-term-care-are-you-part-of-the-70/) - In the 2000, almost 10 million people needed some form of long-term care in the United States. Of this population, 3.6 million (37%) were under age 65 and 6 million (63%) were over age 65 (Roger & Komisar, 2003). Almost 70% of people turning age 65 will need long-term care at some point in their - [Cost of Skilled Nursing and What to do?](https://www.carolinaestatecounsel.com/cost-of-skilled-nursing-and-what-to-do/) - Why even discuss skilled nursing? There are some statistics that everyone needs to know. 1. At least 70% of people 65 years old and older will need some type of long term care in their lives. Many will require Long Term Skilled Nursing care. 2. In a recent News and Observer article, it noted that 73% of people - [TRUST ADMINISTRATION CHECKLIST](https://www.carolinaestatecounsel.com/trust-administration-checklist/) - You are the Trustee? Many Trusts are set up in a way that the Trustee can "Administer" the trust without additional professional assistance. In those cases, here is a sample "checklist" of those tasks that need to be completed: Obtain legal documents and records necessary to administer the Trust and certify the validity of the - ["Probate and Responsibilities of Estate Administrators in North Carolina"](https://www.carolinaestatecounsel.com/probate-and-responsibilities-of-estate-administrators-in-north-carolina/) - Overview of Probate / Estate Administration Typically, there are certain "standard" responsibilities an executor will need to go through, depending on the size, location and number of beneficiaries, this task can be rather simple, or extremely complex. One question the Executor will need to ask is if they want to handle the process 100% on - [WHAT IF I'M THE EXECUTOR or EXECUTRIX? What is PROBATE?](https://www.carolinaestatecounsel.com/what-if-im-the-executor-or-executrix-what-is-probate/) - Probating a will is the responsibility of the executor or Executrix of an estate. The person creating a WILL designates an executor to ensure that the probate process runs smoothly. When you take office as the executor of an estate in North Carolina, the court gives you letters authorizing you to act on the estate’s behalf. Unless the - [When you die without a will](https://www.carolinaestatecounsel.com/when-you-die-without-a-will/) - In North Carolina, there are very specific laws about how property is to be distributed if a person dies without a will. It is our belief, that everyone should have a will, even if you have some form of advanced planning such as a Trust. There are often overlooked items that need to be handled - [Your estate plan must include directions about your minor children](https://www.carolinaestatecounsel.com/your-estate-plan-must-include-directions-about-your-minor-children/) - Nothing ever happens to us when we are young........ right? But what if it does? It is very important to discuss what will happen to your minor children (especially in single parent households) if you were to pass away or become incapacitated. It is critical not to have what is known as a "sweet-heart will" - [An "Estate Plan".......... I don't need one!](https://www.carolinaestatecounsel.com/an-estate-plan-i-dont-need-one/) - So many people ask themselves - "do I really need an estate plan?" The easiest way to answer this question is with several more questions: If I die without a will, what happens to my home, my money and how difficult will it be for those left behind? Do you have minor children? Who will - [Review your Wills, Powers of Attorney, Insurance policies today!](https://www.carolinaestatecounsel.com/review-your-wills-powers-of-attorney-insurance-policies-today/) - Situations change, families move, loved ones pass away, children are getting divorced, a grandchild is born with a disability. Your legal and insurance documents are instructions to those handling your final wishes, but it your responsibility to make sure they reflect those wishes. Wills, advance directives, insurance documents, and beneficiary designations should be reviewed and updated regularly, but - [Having "that talk"](https://www.carolinaestatecounsel.com/having-that-talk/) - Having "that talk" is often a very difficult one to start. First........... who starts the conversation? The parents? The Children? Maybe it is a trusted advisor or attorney. Here are some possible "starter" discussions: Is there an acknowledgement that a time will come to transfer decision-making and the management of day-to-day responsibilities to someone else. - [VA Increases Aid and Attendance Benefits](https://www.carolinaestatecounsel.com/va-increases-aid-and-attendance-benefits/) - The Veteran's Administration has announced an increase in the monthly benefits for the VA Improved Pension, Aid and Attendance benefit. The four (4) basic qualifiers for this benefit are: Served in the military during a period of war (didn't have to be in combat) Need the aid of another person with a number of your - [Create Your Living Will Now to Ease Burdens Later Part 2](https://www.carolinaestatecounsel.com/create-your-living-will-now-to-ease-burdens-later-part-2/) - Important Questions to Ask When writing your living will, give serious consideration to the kind of treatments you want. Questions to ask yourself include: How important is it to be independent and self-sufficient? What would make me feel that my life was not worth living? Do I want treatment to extend life in any situation? - [Importance of your Living Will - PART 1](https://www.carolinaestatecounsel.com/importance-of-your-living-will-part-1/) - Create Your Living Will Now to Ease Burdens Later (Part 1) A living will is a legal document that indicates what medical treatments and life-sustaining measures you want or don't want. If the time comes when you can’t make your own decisions, a living will can be valuable for your family and doctor and - [Steps in Funding and Maintaining the Irrevocable Life Insurance Trust](https://www.carolinaestatecounsel.com/steps-in-funding-and-maintaining-the-irrevocable-life-insurance-trust/) - After the Trust has been executed by the Grantor and Trustee, the Trustee should establish a tax ID number (known as an EIN number) with the I.R.S. I would do that on the website of the I.R.S., which is www.irs.gov. You can obtain it the same day that you request it on the website. Once - [Giving away my home to the "kids"](https://www.carolinaestatecounsel.com/giving-away-my-home-to-the-kids/) - You own a home or possibly a family farm and you've heard it's a good idea to "give it to the kids". Maybe this is a way to help your children before you spend all your assets on health care or general living expenses. Here are some thoughts: MEDICAID: You've heard of the "5 year - [Downsizing is about asking the right questions](https://www.carolinaestatecounsel.com/downsizing-is-about-asking-the-right-questions/) - I spoke with Julie Kopetsky of Your Next Move, who offered some hints on downsizing and what to look for. If you use a service to assist in your move and the sale of your existing home look for the following questions: Questions about your lifestyle, the style of home you like most, the size - [Transferring Marital Real Estate into a Revocable Trust](https://www.carolinaestatecounsel.com/transferring-marital-real-estate-into-a-revocable-trust/) - When married couples own real estate in North Carolina as husband and wife, such ownership is called Tenancy by Entirety ownership. Tenancy by Entirety ownership provides protection from creditors so that a creditor must have a valid claim against both the husband and wife before the creditor can place a lien on the real estate. - [Wills vs Beneficiary Designations](https://www.carolinaestatecounsel.com/wills-vs-beneficiary-designations/) - SO YOU HAVE A WILL! A will is a very important document. It is how your wishes are carried out relating to who or where (possible charity) your assets will be distributed. You may have spent a considerable amount of time and money to get what you think is an "iron clad" will. But maybe - [Hearing Loss is linked to Memory Loss](https://www.carolinaestatecounsel.com/hearing-loss-is-linked-to-memory-loss/) - Johns Hopkins University School of Medicine conducted a study of 1,984 seniors aged 75 to 84 with it's findings published in the JAMA/Internal Medicine. The basic findings were that older adults with even mild-to-moderate hearing loss may experience a decline in brain function up to 41% faster or three year sooner than those not hearing - [VA AID AND ATTENDANCE BENEFIT](https://www.carolinaestatecounsel.com/va-aid-attendance-benefit/) - VA Aid and Attendance is a little known benefit that assists Veteran's, their sick spouse or the widow/widower of a Veteran pay for the cost of in-home care, assisted living or skilled nursing care. The ground rules are fairly simple: The Veteran must have served during a period of way for at least one day, ## Pages - [Home](https://www.carolinaestatecounsel.com/) - Carolina Estate Counsel, local Raleigh Trust / Estate law firm offering variety of services in North Carolina. Get help with core documents and estate planning. - [Contact](https://www.carolinaestatecounsel.com/contact/) - Kevin Huston, Elder and VA Accredited Attorney. Rick Messemer CSA, Community Liaison. If you have any questions or comments, fill out the contact form or call. - [Trusts](https://www.carolinaestatecounsel.com/trusts/) - Utilize revocable trusts / irrevocable trusts for asset protection, manage property, life insurance, estate / tax planning, avoid probate, manage estates. - [Pet Trusts](https://www.carolinaestatecounsel.com/pet-trusts/) - Local attorney to help create a trust for the care of one or more domesticated animals when you can't take care of them upon death of disability. - [Special Needs Trusts](https://www.carolinaestatecounsel.com/special-needs-trusts/) - Local attorney can help create a trust to comply with rules of federal needs based benefits programs such SSI, Medicaid, Section 8, food stamps, SNAP. - [Medicaid Planning](https://www.carolinaestatecounsel.com/medicaid-planning/) - Carolina Estate Counsel, an Estate Planning and Elder law firm, advises clients on Medicaid eligibility, transfer of assets, gifting, exempt property, trusts. - [Aid and Attendance Pension](https://www.carolinaestatecounsel.com/aid-attendance-pension/) - Carolina Estate Counsel advises veterans or surviving spouse with eligibility for Veteran’s Aid and Attendance Pension and help them with application process. - [Power of Attorney](https://www.carolinaestatecounsel.com/power-of-attorney/) - Local elder law firm offers a variety of estate planning and estate administration services, including wills, trusts, general and healthcare powers of attorney - [Estate Planning](https://www.carolinaestatecounsel.com/estate-planning-services/) - Carolina Estate Counsel offers trust planning, estate planning, and probate / estate administration services in the Raleigh Durham area of North Carolina. - [About Carolina Estate Counsel](https://www.carolinaestatecounsel.com/about-carolina-estate-counsel/) - Practice areas include estate planning, elder law, guardianship, Medicaid and Medicare, probate, estate administration, business law, trust administration. - [Probate in North Carolina](https://www.carolinaestatecounsel.com/probate-north-carolina/) - Navigating Probate in North Carolina This information is general in nature and offers an overview of the process. Specifics should be discussed with a qualified probate, estate planning attorney. The Clerk of Court in North Carolina The Clerk of Superior Court in all 100 North Carolina counties serves as the judge of probate and cannot - [Elder Law Seminars](https://www.carolinaestatecounsel.com/events-calendar/) - Elder Law Seminars Please join us at one of our free Elder Law seminars that address topics like Medicaid planning, V.A. benefits, irrevocable trusts, revocable living trusts, wills, supplemental needs trusts for the disabled, and estate planning. At Carolina Estate Counsel, we know that too many seniors forego benefits that would substantially improve their quality - [Part 3: The Best Way to Preserve Family History](https://www.carolinaestatecounsel.com/part-3-the-best-way-to-preserve-family-history/) - Aging offers gifts, if we look for them: for us as we grow older and for those who’ll come after us. Video So why do we use VIDEO to tell your family story and recommend you do the same? We love video. 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