May 28, 2019 | Estate Planning |
When we talk about estate planning and preparing for retirement, we often include a discussion on long term care expenses and how to pay for those costs. Many clients believe they have saved sufficient funds for retirement and assume they will never need government assistance. But what happens if your expenses are significantly higher than planned (for example, you or your spouse require expensive long-term care), your investments do not provide as much income as expected, or you simply outlive your money? Even if you never need to apply for Medicaid, it is worth planning as if you might need that kind of assistance. What is Medicaid? Medicaid is a state and federal partnership providing medical assistance to those with low income, the elderly, pregnant women, children, and disabled individuals. The program is run by each individual state, so the rules may differ. In 2017 it was estimated that 64% of nursing home residents in North Carolina received Medicaid assistance to pay all or a portion of the cost of care. The Affordable Care Act changed the Medicaid application process and some of the income rules surrounding eligibility. Some states have approved Medicaid expansion, extending the program to additional residents who would not otherwise have any healthcare coverage. As of the date of this writing, the North Carolina General Assembly has not approved Medicaid expansion. Why Plan? Consider the following situation: A married couple with grown children owns their $350,000 home outright and has $250,000 in retirement savings and investments. One spouse falls ill and is placed in a long-term nursing facility with no expectation he will return home....
Apr 23, 2019 | Estate Planning |
By Ryan McNeill, Attorney at Law That is a great question, and at the risk of sounding like an attorney, it depends. I typically recommend clients review their estate plans every two or three years, though if you have a life change, your estate plans should change immediately. A life change includes such things as marriage, separation, divorce, the birth of children, death of a spouse, and so forth. If the laws related to estate planning (federal or state) are changed, it is also a good idea to discuss the impact of those changes with your estate planning attorney. When Should I Review My Estate Plans? I mentioned some obvious life changes above, but there are other conditions that might cause you to consider reviewing your plans. You inherit money or property. This may or may not change your estate plans, but it is a good idea to review how your property will be distributed on your death to make certain no changes are warranted.You dispose of property referenced in your estate plans. For example, you may decide to sell the family home and move into a retirement community. You will want to update your documents to reflect that the asset no longer exists. Some retirement communities structure their financial commitment such that some percentage of the investment will be distributed to your heirs on your death. You will need to name these beneficiaries. A loved one is injured, becomes ill, or is diagnosed with a condition that will require long-term care. You may wish to discuss a special needs trust with your estate planning attorney. This trust can...
Mar 28, 2019 | Elder Law |
By Ryan McNeill, Attorney at Law There are many areas of law and sometimes they overlap. That can lead to confusion about the different functions performed by an attorney in each role. Sometimes a client might think they need an estate planning attorney or real estate attorney, but might really need an elder law attorney due to this overlap in areas of practice. The role of an elder law attorney includes a wide range of topics, not all of which are handled by someone who only does estate planning or real estate. So, what does an elder law attorney do? Elder law attorneys work with individuals or families dealing with legal issues that often come along with aging. These may include: Healthcare and financial powers of attorney Long-term care planning Medicaid planning Guardianships Special needs planning Updates to wills or trusts Living probate Elder abuse Nursing home law Probate The elder law attorney may also help find and coordinate resources to help clients. Some examples may include suggesting local Alzheimer’s or dementia resources, working with a Realtor to sell property as an elderly parent moves into a long-term care facility, helping with the sale of a business, or recommending caregiver support groups. When should I speak to an elder law attorney? Consulting with an elder law attorney before there is a crisis is always best, though not always practical. We often have clients schedule appointments in the following circumstances: You, a spouse, or a parent is diagnosed with a progressive illness or are severely injured in an accident and are expected to need long-term care; if you are married,...
Mar 1, 2019 | Estate Planning, Probate, Wrongful Death |
The death of a loved one, whether it is expected or not, can throw you and your family into turmoil as you enter a period of grieving. There are so many things that must be handled, it is easy to become overwhelmed. Some things must be dealt with quickly, while others can wait a few days or weeks. In some cases, these items may be handled by a friend or family member, while in others they must be completed by the Executor of the estate or another individual specified by the decedent or by law. Here is a list of the top 10 things that typically must be handled. Note this list is not comprehensive and other tasks may still need to be completed. If your loved one dies in the hospital or a nursing home, hospital staff will issue a legal pronouncement of death, discuss their process, tell you what they need from you, and advise what help they will provide. If the death occurs at home while under Hospice care, contact them, otherwise, call 9-1-1 to report the death. You may wish to get multiple certified copies of the death certificate (a dozen or more are often required). The funeral home typically assists with obtaining these.If your loved one is an organ donor or has left his or her body to science, time is of the essence. Medical professionals should be made aware if a terminal patient desires to be an organ donor. If death is anticipated in the hospital, doctors there will likely speak to the family about their loved one’s wishes. If the deceased did...
Feb 24, 2019 | Real Estate Law |
Expect a Busy Spring on the Real Estate Front Research shows May and June are the busiest months for home sales. If you plan to buy or sell in 2019, here’s what the market experts are predicting: Interest rates will edge up a little higher. For many buyers, this will not be a deciding factor, but for those on the edge, it may force them to lower their expectations or wait to buy.Buyers will have more inventory to choose from than they did in 2018, but homes may take longer to sell, and sellers may not get multiple offers.Millennials are expected to be the largest group of buyers, accounting for 45% of mortgages. Many, but not all, will be first time home buyers. Expect this group to start their home search online. If you are selling a home, the online presence (high quality photos or a video tour) will be very important. They may also prefer homes in walkable neighborhoods.Home prices last year increased faster than incomes. This, combined with the interest rate increase, means affordability will remain an issue, especially for first time home buyers. They may need to look at smaller homes, townhouses, or manufactured housing.The new tax laws related to real estate may impact some buy/sell decisions for those with bigger mortgages and people living in states with high tax rates. Buying or selling a home can be an exciting time for many people. Understand that the process can take a little time. Buyers may not find a home they love on their first outing, while sellers may expect their beloved home to prompt an immediate...
Feb 24, 2019 | Estate Planning, Special Needs Law |
What is the ABLE Act? The North Carolina Achieving a Better Life Experience (ABLE) Act was signed into law in 2015. The ABLE Act enables individuals with special needs or their families to open savings accounts that do not count as assets (within stated limits) when determining eligibility for Medicaid, Supplemental Security Income (SSI), or other government benefits. These savings accounts are intended to cover qualified disability expenses for the individual with the disabling condition. This may include housing, transportation costs, assistive technology, job training, and more. The IRS determines which expenses qualify. Who is eligible to open an ABLE account? The ABLE Act has two criteria that must be met: The disabling condition must have occurred prior to age 26. The savings account may be opened after that age, but the disability must have existing prior to the 26th birthday.The individual must be considered disabled based on criteria set by the Social Security Administration (SSA). If he or she already receives SSI or SSDI payments and meets the age criteria, then approval is automatic. If not, then self-certification of disability is possible, but it would be advisable to have a medical doctor sign a letter certifying the individual does meet the functional requirements outlined by the SSA. ABLE Act Limits for 2019 In general, the current annual contribution to an ABLE account from all sources is $15,000. If the account beneficiary works and his/her employer does not contribute to a retirement plan, then the individual may contribute employment earnings over and above the $15K (with limitations). If the individual receives SSI and the ABLE balance exceeds $100,000, SSI...
Jan 29, 2019 | Estate Planning |
Free seminar at the Smith Senior Center in Greensboro scheduled for February 6 Greensboro, NC – Attorney David Inabinett of Brinkley Walser Stoner will present a seminar titled Estate & Long-Term Care Planning on Wednesday, February 6, at the Mabel D. Smith Senior Center in Greensboro. The session will cover long-term care planning, basic asset protection techniques, and strategies available to help avoid probate and maximize the assets which may be protected for a surviving spouse or disabled child. The event is free; registration is not required. “More than two-thirds of those 65 and older will need long-term care in their lifetimes,” says Inabinett. “That’s a hefty percentage, so it’s an important factor to consider. Long-term care insurance is one option, but there are other alternatives to include long-term care in your estate plans.” Inabinett focuses his practice on Estate Planning, Elder Law, Business, and Public School Law in Davidson, Guilford and surrounding counties. Estate & Long-Term Care Planning is scheduled for Wednesday, February 6, from 10:00 – 11:30AM at the Mabel D. Smith Senior Center, 2401 Fairview St, Greensboro. Registration is not required, but anyone with questions may call the Senior Center at (336) 373-7564. Brinkley Walser Stoner is also pleased to offer a free series of videos for individuals and families considering a move to a senior living community. These videos may be found at www.brinkleywalserstoner.com/senior-living-videos/. Brinkley Walser Stoner prides itself on providing new and cutting edge legal counsel built on a foundation of knowledge and integrity. Brinkley Walser Stoner’s attorneys are first and foremost counselors, advising clients on their legal rights and options for appropriate solutions....
Jan 16, 2019 | Estate Planning |
We have updated our Estate Planning guide for 2019. As your life changes, so should your estate plan. Our attorneys answer some common questions in this updated article. Find out the new gift and inheritance tax limits; learn how to avoid probate; discover whether a trust might make sense for you; and more. Read the...
