How can I transfer my rental property into my living trust? – North Carolina Short Answer In North Carolina, you transfer real estate into a living trust by signing and recording a new deed that conveys the property from you (as individuals) to you (as trustee) of your trust. Record the deed with the Register…
Do both co-owners need to sign the deed to move the property into our trusts? – North Carolina Short Answer Yes—if you want to transfer 100% of North Carolina real estate into trust, every current owner of record must sign the deed. For married couples who hold title as tenants by the entirety (the usual…
What steps can I take to lock my assets in trust and prevent a relative from interfering? – North Carolina Short Answer In North Carolina, you can secure assets by using a well-drafted trust with an independent trustee, strong spendthrift and discretionary provisions, and by properly funding the trust (including recording a deed for your…
What happens to my Social Security and Medicaid benefits if I take a trust payment? – North Carolina Short Answer In North Carolina, a cash trust payment usually counts as income for needs-based benefits like SSI and Medicaid in the month you receive it and can reduce or suspend those benefits. Money you keep into…
How can I receive a trust distribution without jeopardizing my Medicaid eligibility? – North Carolina Short Answer In North Carolina, the safest way to receive help from a trust while keeping Medicaid is through a properly drafted discretionary or supplemental needs trust that pays third parties directly for your benefit, not cash to you. If…
How do I calculate and pay down home equity under Medicaid’s look-back period? – North Carolina Short Answer In North Carolina, Medicaid reviews transfers made during the 5-year look-back to see if you gave away assets, including home equity, for less than fair market value. Your primary residence can be excluded if you meet program…
What are the typical costs for an incapacity planning package? – North Carolina Short Answer North Carolina law does not set attorney pricing for incapacity planning. Firms often offer a flat fee for a package that includes a health care power of attorney, financial power of attorney, HIPAA release, and living will; a single medical…
Can I get only a medical power of attorney without a HIPAA authorization? – North Carolina Short Answer Yes. In North Carolina, you can sign only a Health Care Power of Attorney (medical power of attorney). That document typically authorizes your named health care agent to receive your medical information to make decisions, so a…
How do I set up a healthcare power of attorney and HIPAA release for my parent? – North Carolina Short Answer In North Carolina, your parent signs a Health Care Power of Attorney (HCPOA) and a separate HIPAA authorization while they still have capacity. The HCPOA must be signed in front of two qualified adult…
What does a living will cover and do I need it if I have powers of attorney? – North Carolina Short Answer In North Carolina, a living will (also called an advance directive for a natural death) tells doctors whether to use or stop life-prolonging measures if you cannot decide and you are at the…