Two of the most common client frustrations are lack of information and lack of communication. Here, at Harvell and Collins, P.A., we try to do our very best to disseminate useful legal information and increase communication. Our BLOG is just one way that we attempt to accomplish these objectives. Please read through our entries and if there are any particular topics you would like addressed let us know.
Last Wills and Testaments should be filed after the death and in the county where the decedent was "domiciled". Domicile means the place where an individual has a true, fixed permanent home and principal establishment, and to which place, whenever absent, the individual has the intenti… Read More
POD means payable on death. TOD means time on death. These are dangerous designations usually made with a broker or other asset holder and they trump the terms of your Last Will and Testament. Here in our estate practice, we find that these designations create more problems… Read More
The answer is YES. You must "walk and talk" like a corporate entity and if not, then your corporate protections could fail. Each corporation should maintain consistent annual meeting notes and maintain current status with the North Carolina Secretary of State. It is importa… Read More
Effective 2018, North Carolina will enact a new Power of Attorney Statute which significantly modifies and amends the current Power of Attorney Statute. Harvell and Collins, PA will be addressing this new statute in a number of ways as we move closer to the 2018 and in the months follo… Read More
There are so many options available to clients who wish to protect their life of savings from the spend down of a long term nursing home. It is important that elder clients consult with a lawyer who handles these types of cases and works closely with families to achieve the objective o… Read More
The spouse in North Carolina has any number of statutory rights to the estate of his/her spouse! This is why it is said, that one cannot usually "leave out" or disinheret a spouse. This is a complex, but interesting area of the law. If you are a surviving spouse, then it mi… Read More
On December 7, 2016, the Senate approved H.R. 34, which includes the Special Needs Trust Fairness Act. This act adds provisions to the law allowing competent individuals with disabilities to create their own special needs trusts. Under means-tested benefit programs like Medicaid and S… Read More
Use of Marital Trusts to Satisfy Elective Share Clients who do not want to satisfy the Elective Share Amount with an outright bequest to the surviving spouse will require the use of a marital or spousal trust as defined under N.C.G.S. Sections 30-3.2 (3c) (g) and 30-3.3A (e). The marital … Read More
Under Medicaid law, following the death of the Medicaid recipient North Carolina attempts to recover from his or her estate whatever long-term care benefits were paid for the recipient's care. North Carolina attempts to recover these funds from the Medicaid recipient's probate estate, meani… Read More
