What type of trust can we set up so her future disability income doesn’t disqualify her from Medicaid? – North Carolina Short Answer In North Carolina, a properly drafted Special Needs Trust (also called a Supplemental Needs Trust) can protect assets without disqualifying a disabled person from Medicaid. If the assets already belong to the…
How do I plan for long-term Medicaid coverage when I start receiving SSDI benefits? – North Carolina Short Answer In North Carolina, getting SSDI adds countable income, and receiving an inheritance can add countable assets—both can affect Medicaid eligibility. You must promptly report changes to your county Department of Social Services (DSS). Strategies like using…
How can I protect my spouse’s inherited property from affecting their Medicaid eligibility? – North Carolina Short Answer In North Carolina, a spouse who inherits property can consider a timely, formal renunciation (disclaimer) so the inheritance passes to the next taker and never counts as their asset. If the spouse keeps the inheritance, a properly…
How can I get details of proceeds from estate personal property sales when the executor won’t disclose amounts? – North Carolina Short Answer In North Carolina, beneficiaries can get sale details by compelling the executor to file the required inventory and accounting with the Clerk of Superior Court. The inventory is due within three months…
What is the process for mediating or petitioning the court when an executor is willfully negligent? – North Carolina Short Answer In North Carolina, if an executor is not doing their job, any interested party (like a beneficiary) can file an estate proceeding with the Clerk of Superior Court to compel an inventory or accounting,…
How do I challenge the executor’s failure to file required probate inventory and creditor notices? – North Carolina Short Answer In North Carolina, an executor must file an inventory within three months of qualifying and must publish and file proof of notice to creditors (and mail known creditors) early in the case. If those filings…
How can I compel the executor to provide trust account statements and an estate inventory under North Carolina law? – North Carolina Short Answer In North Carolina, you can ask the Clerk of Superior Court to order the executor to file the required estate inventory and accounts and, separately, ask the court to require the…
Can I recover expenses I paid for preparing and selling estate property from the estate as a reimbursement? – North Carolina Short Answer Yes, if your out-of-pocket costs were necessary and reasonable to preserve or sell estate (or trust) property, North Carolina law allows them to be reimbursed as administration expenses, which have first priority…
What legal remedies are available to recover funds misappropriated by a POA during an elder’s care? – North Carolina Short Answer In North Carolina, you typically recover money or property taken by a power of attorney (POA) through (1) an accounting order against the agent and (2) a civil lawsuit for breach of fiduciary duty…
How do I use witness affidavits to authenticate a will if a relative is blocking probate? – North Carolina Short Answer In North Carolina, you can prove (authenticate) a will before the Clerk of Superior Court using sworn affidavits from the subscribing witnesses when the will is not self-proved. If a relative is withholding the…
