gtag('config', 'AW-1029898234');
“Excellence in Practice” – Elder Law, Trusts & Estates

“Excellence in Practice” – Elder Law, Trusts & Estates

Brinkley Walser Stoner attorney selected for The Best Lawyers in America® 27th Edition Lexington, NC – David E. Inabinett, Managing Member of Brinkley Walser Stoner, has been selected once again by his peers for inclusion in the 27th edition of The Best Lawyers in America in the fields of Elder Law, and Trusts and Estates. “I find great reward in helping individuals and families as they take steps to protect themselves and their loved ones,” says Inabinett. “From helping young families make estate plans in preparation for welcoming a child, to working with loved ones to understand elder law and special needs planning as they care for an aging parent or disabled family member, this work is very satisfying. Meeting with clients has been different this year – with many of our discussions taking place virtually – but that does not take away from the knowledge that I’ve made a difference in their lives during what are certainly extra challenging times. I am pleased to have been recognized by my peers for my work in these fields.” Inabinett is a member of the National Academy of Elder Law Attorneys (NAELA™) and has received an AV™ Preeminent Peer Rating from Martindale-Hubbell®. He focuses his practice on Estate Planning, Elder Law, Education/Public School Law, Business Law, and Real Estate Law in Davidson, Guilford and surrounding counties. Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. Almost 108,000 industry leading lawyers are eligible to vote (from around the world), and...
Three Questions to Ask When Applying for Medicaid

Three Questions to Ask When Applying for Medicaid

Filling out your Medicaid application does not have to be stressful or frustrating. Knowing the requirements, what documents you need and what resources are available all are things that an experienced attorney can “guide you through the application process. What is Medicaid? Before you start the Medicaid application process, it is important to know what Medicaid is. According to NC Department of Health and Human Services, “Medicaid is a health insurance program for low-income individuals and families who cannot afford health care costs.”  Medicaid programs serve millions of Americans, including low-income adults, children, pregnant women, elderly adults and people with disabilities. Although Medicaid is a federal program, each state has its specific set of rules and regulations that must be followed. Make sure you stay in contact with your State Medicaid Agency for up-to-date information on new and existing laws, and policy changes. Do I Qualify for Medicaid? One of the first questions you ask your attorney is, Do I qualify for Medicaid? Depending on which state you live in, your attorney will help in determining if you qualify for Medicaid.  North Carolina has general requirements for all applicants that include but are not limited to: Age 65 or olderBlind or disabledInfants and children under the age of 21Low-income individuals with familiesIn need of facility-based long-term care servicesReceiving MedicareMeet certain financial need-based requirements (countable assets under $2,000) depending on the type of services sought after  What Services Does Medicaid Cover? Medicaid assists pregnant women, children, the elderly, low income, and disabled individuals. For North Carolina residents who receive Medicaid, it covers mandatory benefits in addition to state services. Please...
Three Things You Should Know Before Buying A House

Three Things You Should Know Before Buying A House

Ryan V. McNeill Buying a home is exciting, but the process is not always easy. There are expected and unexpected issues that may arise before, during and after the home buying process starts. Is now the right time to buy a home? What is a good amount for a down payment?  Should I buy now or wait? These are questions to consider before you move forward. No matter where you are living in North Carolina understanding these  three things will help you during the home buying process: Know Your Credit Score First things first! Your credit score plays an essential role in determining how you approach buying a home.  It reveals a lot about your income, debt, and potential to repay the mortgage. In a perfect world everyone would have high credit scores and qualify for everything, but that is not the way the world works. USNews.com shows some approximate credit scores mortgage companies look for to decide if a buyer will be approved for a specific loan. In some cases, like with Federal Housing Administration (FHA) loans, borrowers with low credit scores have higher down payments. While your credit score is an important part of the home buying process that are other factors that control when and where you purchase a home. 2. Know Your Budget Now that you have your credit in check its time talk about a budget. All home buyers need a budget. After you factor in down payments, inspections, homeowner’s insurance, closing costs and other expenses, everything starts to add up. Things to take into consideration for your budget Gross pay (what you take...
Three Questions To Ask Before Selling Your Business

Three Questions To Ask Before Selling Your Business

By David Inabinett Operating a business in any industry is hard. Operating a successful business is even harder. As a business owner, you have to make difficult decisions every day. Whether your operating a brick and mortar location or ecommerce site, selling your business or company does not have to be difficult. Questions to Ask Yourself Do you have a plan? You will need to have a plan and clearly defined goals set in place before you start the process of selling your business or company. There are lots of things to consider when selling a business: price negotiationtime framelegal assistancehelp from certified financial experts There are pros and cons to every business deal. Following a plan or guideline will help you determine the best possible option.    2. When is the right time to sell? Timing is key when selling your business. Knowing and understanding when the market is up or down is an important part of selling your business. Selling at the right time and you can set yourself and your family up for the future. Selling at the wrong time can hinder the financial growth you have worked hard to build. 3. How much is my business worth? Knowing how much your business is worth ins not only important for you but important for buyers too. Potential buyers will want to know much your business is really worth. Is your business making a profit?Are you breaking even?Are you overextending your services or products?Is your business relevant in today’s quickly evolving market?What are the customary industry standards in valuing your business? You will also need to be...
The Value in National Elder Law Month

The Value in National Elder Law Month

Ryan McNeill For over 40 years the month of May has been designated as a time to acknowledge and give a voice to seniors. Since its declaration in 1963 as “Senior Citizens Month” by President John F. Kennedy, the title has evolved into National Elder Law Month. With help and support from The National Academy of Elder Law Attorneys (NAELA) National Elder Law Month every year during the month of May attorneys in the field of elder law provide information, materials, resources, and legal direction to their communities. Why National Elder Law Month is Important? Having May designated as National Elder Law Month highlights and brings awareness of legal issues and problems seniors or caretakers of seniors may be dealing with. Whether you have just reached the age of being considered a senior or you are the legal caretaker of an individual who is a senior, knowing your rights within elder law is important. Elder Law Practice AreasNot all areas of elder law apply to every individual. An elder law attorney can help you determine what areas might be applicable to the situation you are encountering. Depending on your situation an Elder law attorney can practice in many areas that may include but are not limited to: Estate PlanningAsset Protection PlanningLong-term Care PlanningSpecial Needs TrustsRetirement PlanningMedical Directive If you, a family member or a loved one need legal help or assistance, remember it’s never too late to plan. For more information, make your appointment with an elder law attorney at Brinkley Walser...
Virtual Notarization Temporarily Authorized in North Carolina

Virtual Notarization Temporarily Authorized in North Carolina

By Ryan McNeill, Attorney at Law The current pandemic may have you thinking about estate planning. With social distancing requirements put in place, schools closed for the academic year and business temporarily closed, there is a lot to process. Add to that the COVID-19 statistics shown on the nightly news, and it is no wonder many people are worried about the future. To adapt and to provide continuous vital legal services during the COVID-19 pandemic, the North Carolina General Assembly has passed a law that will no longer require a notary to be physically present in the same location as the signing of documents when notarizing estate planning or other legal documents. The emergency video notarization provisions were part of Senate Bill 704, which became law on May 4, 2020, and which had other important provisions for signing estate planning documents. Emergency video notarization is authorized while a state of emergency order is in place and requires that there be real-time video and audio electronic interaction between the notary and the person signing the document. Itfurther requires that the notary either has personal knowledge of the person signing the document or that during the video conference the signer show to the camera a state or federal issued photo identification card like a driver’s license. Additional changes were made to witnessing certain estate planning documents. The old law required a living will or healthcare power of attorney documents to be signed in the presence of two witnesses and a notary. During the state of emergency both of those documents now only require notarization and the presence of two witnesses is...
Impact COVID-19: Families First Corona Virus Response Act, Unemployment, and More

Impact COVID-19: Families First Corona Virus Response Act, Unemployment, and More

There is no doubt things have changed for you and the entire country. Children are being homeschooled. Businesses are temporarily closed or permanently shut down, and unemployment is on the rise. Who knew at the start of 2020 that we all would be under stay-at-home orders? Watch our virtual seminar from Brinkley Walser Stoner attorney Bradley Hunt to learn and understand how to navigate changes to the law. A speacial thank you to the Women’s Resource Center of Greensboro. Brinkley Walser Stoner attorneys are here to help with your legal needs; schedule your appointment today to speak with one of our experienced...
Hope for the Best, Prepare for the Worst During COVID-19

Hope for the Best, Prepare for the Worst During COVID-19

By Will Miller Since mid-March of this year, we have all been living in the shadow of COVID-19. Although we all experience death during our lives, the pandemic has heightened awareness of human vulnerability and mortality, both for ourselves and our loved ones. We wonder what would happen if we became critically ill from the virus, how our illness would affect our family and friends, and what we can do to prepare for the possibility of grave illness or death. Illness and death are morbid topics in the best of times, perhaps more so in the midst of a pandemic. However, the value of taking proactive steps to prepare for the worst is rarely more apparent than now. A comprehensive estate plan provides preparation for illness and end of life through advanced directives for incapacity and end-of-life treatment, as well as for instructions for the division of assets among loved ones at death. An initial step toward such preparation is considering what decisions may need to be made regarding your medical care if you become incapacitated and unable to communicate your wishes. If you were unable to breathe due to COVID-19, would you want to be intubated and connected to a ventilator? What if your treating physician determined that you were not going to recover from the virus – would you want to be kept alive as long as possible, or would you want life support to be withheld or withdrawn? Questions concerning end-of-life medical treatment are relevant for many illnesses and conditions, but current events make us more mindful of such scenarios. An estate planning attorney can guide...
Pandemics & Legal Considerations

Pandemics & Legal Considerations

We are living in an unprecedented time, facing a virus that we cannot see whose impact is being felt across the globe. We are hearing advice from all corners (some good, some bad). Most of us are coping with daily life while trying to work from home, educate our children until online learning options are available or they return to their classrooms, and maintain physical distance from friends and loved ones. As we watch the news, it seems like the situation changes hourly. Knowing this is temporary and things will improve helps. County, state and federal officials are working to manage and direct responses to the pandemic, and we see true heroes daily as most everyone pitches in to help. We thank the first responders, healthcare workers, truck drivers, delivery teams, and employees of essential businesses like grocery stores and pharmacies. There are other heroes behind the scenes taking small steps to help – from people donating blood to help address the blood shortage, to teachers checking in on their kids, to those checking daily on an elderly neighbor with no local family. There are too many to list here, but know we appreciate all of you. We wanted to share some thoughts around the pandemic and these challenging times: Take care of yourself and your loved ones. The global scale of the pandemic should make us all recognize health or a long life are never guaranteed. If you do not have a will, advance directives, or other estate plans in place, now is an excellent time to take care of this vital task. Much of this work can...
COVID-19 Update

COVID-19 Update

As of March 26, 2020 Legal providers have been labeled as an essential business so our office will remain open and operating with our regular hours.  Some of the precautions we are taking include spacing out appointments to have fewer people in the office at one time; a drop box right inside our door for the delivery of documents; and we’re offering the option for virtual or telephone appointments if you would like to schedule one. For various reasons some of us may be working remotely during this time.  If you call to reach us be sure and leave a message and your call will be returned within 24 hours. We apologize for any inconvenience this may cause as we work to comply with the recommendations to prevent the spread of COVID-19.  As of March 16,2020 The health and well-being of our employees and clients is our highest priority. In light of recommendations from NCDHHS and CDC, we are asking that if you are feeling unwell or experiencing symptoms such as fever, cough and/or shortness of breath, please avoid coming into the offices, even to deliver or pick up documents. Of course, please avoid coming into our offices for the safety of others if you are confirmed to have COVID-19 or have a family member at home that is confirmed to have COVID-19. We will be rescheduling matters that are not time sensitive. Our website’s “contact us” page and email will be the most efficient way to reach us if it becomes necessary for our team to work from home. You may also leave a message at our main...