Articles

The Corporate Transparency Act

  I have many clients who own all or part of an LLC or a corporation. Maybe they have a small business, or a couple of rental properties, or the family farm was placed in an LLC in order for the siblings to manage heir property. If you own part of a corporation or LLC,...
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Family Law: Child Custody Mediation Explained

  At the heart of every family law matter involving children lies a shared desire—to ensure their well-being. Child custody mediation provides a structured and collaborative approach to navigating this critical process. Learn the benefits of child custody mediation and when the judge might waive mediation. What is Custody Mediation? Custody Mediation is a potential solution...
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Domestic Violence Protective Orders NC: Understanding the Basics

  Domestic violence can take many forms, leaving victims feeling isolated and afraid. North Carolina law empowers individuals experiencing domestic violence within their personal relationships to seek legal protection. This article explores the resources available in North Carolina, including Domestic Violence Protective Orders, to help victims regain control and achieve safety. From July 2021 to...
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What’s Up With All Of The Ads About Camp Lejeune?

Camp Lejeune Justice Act You have probably noticed numerous advertisements and solicitations involving Camp Lejeune (specifically, The Camp Lejeune Justice Act) that have blanketed the area recently. While they may be irritating, the issue behind all of these advertisements most likely effect either your family or someone you care about or know. Whether it is...
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Estate Planning For Seniors: Senior Marriage, Unintended Consequences

Mom is in her 80’s and suddenly announces that she is going to get married. Even if you like her fiancé and are pleased that she has found happiness and companionship in her later years, it is natural to be worried about the potential consequences of the marriage. If you are the “mom” in this...
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VA Aid and Attendance

The government does not typically provide financial assistance to help pay for the cost of home care. If you or a loved one needs assistance for care at home, you either have to pay for it yourself or a family member will have to provide the care for free or you must do without and...
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Understanding Assisted Living in NC

There are two main types of “nursing homes” in North Carolina. This article will help you understand assisted living in NC. Skilled Nursing Facilities are nursing homes for people whose health has deteriorated to the point where they require care from a nurse. The other types are Assisted Living Facilities, which offer care to people...
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Paying for a Nursing Home

While no one wants to end up in a nursing home, none of us are immune to having a stroke or getting hit by a bus. Understanding Medicaid qualifications in NC will greatly help in paying for a nursing home if the need arises for yourself or a loved one. If you are over the...
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Death and Taxes

In addition to the emotional difficulties of losing a loved one, the unfamiliarity of the nuts and bolts of handling the affairs of a deceased person often increases the stress and burden of dealing with a death. However, the tax implications of someone’s death is not nearly as burdensome nor complicated as many people imagine....
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Safeguards Against Elder Financial Abuse

Grandma goes to her banker or investment advisor and asks that $15,000.00 be used from her account to purchase a gift card. The financial professional suspects that grandma is the victim of a scam, but it is grandma’s money, grandma is insisting that this be done now, and she is adamant that no one must...
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Signing Legal Documents in Quarantine

We are all aware of the need to practice social distancing during this COVID-19 crisis, especially for those among us who are elderly, have pre-existing conditions, or otherwise have a higher risk of a severe outcome to the disease. However, there are some situations that make social distancing impossible, such as executing certain legal documents....
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How Marriage Death and Divorce affects Social Security

While most people have a general idea about their own Social Security benefits, I have found that many are unsure or even unaware of the effect that marriage, divorce and a spouse’s death could potentially have upon a person’s eligibility for social security. This is how marriage, death, and divorce affect social security. A very...
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Avoiding Probate

You may have heard that you should try avoiding probate. While this is generally a good idea, probate isn’t nearly as costly or burdensome in North Carolina as it is in some other states. In any case, it would be easier to avoid probate if you had a good understanding of it. Think of a...
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The New SECURE Act & Your IRA

In December 2019, the SECURE Act was added to one of the year-end appropriation bills and was passed by Congress. This is what to know about the new SECURE Act and your IRA. This act (Setting Every Community Up for Retirement Enhancement) became law effective on January 1, 2020. The Act includes various provisions, but...
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Changes to VA Aid and Attendance Program

The Veterans Administration (“the VA”) published changes earlier this month to a benefits program commonly referred to as Aid & Attendance (“A&A”). You will be affected by changes to VA Aid and Attendance Program if you are a war-time veteran or a widow(er) of a war-time veteran, you have less than 30 days to take...
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Senior Fraud

When asked why he robs banks, Slick Willie Sutton responded: “because that’s where the money is.” This concept may explain why seniors are often targeted by scammer. Since our society has moved away from defined pension plans and towards IRAs, seniors tend to have access to more cash than in previous generations. Access to cash,...
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The Big Scary Nursing Home

I have yet to have a consultation with a client who tells me that they want to go to ‘the big scary nursing home’. However, it is estimated that more than half of Americans will need care in a nursing home. No matter how healthy you are, none of us are above having a stroke...
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Medicare and Your Retirement Plan

I find that people who are 65 or older are generally knowledgeable about Medicare. However, since health care and health insurance represent a significant percentage of our individual budgets, people under 65 need to understand how Medicare works in order to help prepare for our eventual retirements. Here, I outline what to know about Medicare...
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The Power of Power of Attorneys

As of January 1, 2018, the new North Carolina Uniform Power of Attorney Act came into effect that significantly changes the authority, use, and treatment of Power of Attorneys in North Carolina. A Power of Attorney (“POA”) that was signed before 2018 is still valid and will be interpreted under the prior law, so if...
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Don’t Let Your Estate Plan Harm Your Disabled Loved One

Living with a disability is challenging enough, please don’t let your estate plan make it more difficult and cause harm to your disabled loved one. If you have assets that will go to a disabled person at your death, it could result in your disabled loved-one losing public benefits upon which he or she relies....
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Assisted Living and Special Assistance

I previously submitted an article explaining Medicaid and skilled nursing care. However, what happens if a person (usually elderly) needs help, but doesn’t need a nurse? These people may be unable to take care of themselves at home, but would not meet the medical test to qualify for skilled nursing care or Medicaid. In North...
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No Need to Fear Trusts

Many people are confused or intimidated by trusts. While some trusts can be complicated, they don’t need to fear trusts. If you have ever given your phone to someone to take your picture, you basically created a trust – the person might have possession of your phone, but it is still your phone, the person...
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The Usefulness of Pre-Need Burial Contracts

What happens to our remains after we die is the very definition of “someone else’s problem.” However, this can be a difficult and emotional issue for the loved ones that we leave behind. There are a lot of choices that someone needs to make: Cremation or burial? Fancy casket or economy model? Should there be...
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Rights of a Surviving Spouse

The most common estate plan that I create in my NC law practice leaves everything to spouse if spouse is then living, otherwise everything to kids. However, I occasionally have clients who don’t want everything or anything to go to their spouses. This is particularly common when there is marital discord, blended families after a...
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