Estates/Elder Law Blog

Navigating Long-Term Care Options

Feb. 12, 2018

Elder and special needs law attorneys Kathleen Rodberg and Andrew Atherton were recently interviewed for a Mountain Xpress article to discuss navigating Western North Carolina’s long-term care options. When sitting down with a family to discuss how to pay for the long-term care needs of…

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Medicaid Mythbuster #2: Only “State” Facilities Accept Medicaid

Dec. 14, 2017

Our first Medicaid Mythbuster post addressed the myth that the state of North Carolina will take your home if you apply for long-term care Medicaid in a skilled nursing facility.  If you didn’t have a chance to read that article, you can find it here:…

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Communication is the Key

Sep. 26, 2017

In 2017 the Trust and Estates Practice Group of McGuire Wood & Bissette hosted panel discussions focusing on the importance of estate and financial planning, aging well, and planning for end of life decisions. A central theme emerged – communication is a key component of…

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Medicaid Myth Buster #1: The State Will Take My Home

May. 15, 2017

The rules surrounding the long-term care Medicaid program are complicated.  There are rules about medical need, income, and assets.  Most individuals are aware that strict rules exist, but the details are lost in translation to the detriment of those that need this program the most. …

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Supreme Court Rules Unanimously In Favor of Autistic Student

Mar. 23, 2017

On March 22, 2017, the Supreme Court ruled unanimously in favor of a disabled student, expanding the meaning of a “free appropriate public education” under the federal Individuals with Disabilities Education Act (IDEA). Background A mother and father in Colorado wanted a public education for…

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Special Needs Trust Fairness Provisions Become Law

Dec. 28, 2016

On December 13, 2016, the 21st Century Cures Act (the Cures Act) was signed into law by President Obama.  While the Cures Act addresses a myriad of issues, Section 5007 entitled “Fairness in Medicaid Supplemental Needs Trusts” is particularly important, and long overdue. Prior to…

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IRS’s Proposed Regulations Heighten Need for Business Succession Planning in 2016

Aug. 17, 2016

For many years owners of family-controlled businesses have been able to value transfers (during life by gift, sale or part sale/part gift, or at death) of business interests (e.g. stock in a corporation or membership interests in a limited liability company that operates the business…

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May. 23, 2016

Countless members of Generation X continue to mourn the recent death of superstar Prince. Although my generation is noted for its skepticism, we whole-heartedly embraced the music of Prince in the 1980s. More than thirty years later, when “Let’s Go Crazy” comes on the radio,…

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Options to Divide My Estate and Personal Property

Apr. 15, 2016

Do you have a grandmother (or perhaps I am speaking about you) who has taped names of family members on the bottom of vases, silver items or pieces of furniture with the intent that the named individuals receive these items at her death? A common…

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Major Changes with Social Security Planning Strategies

Mar. 14, 2016

The federal budget agreement reached at the end of 2015 ends two Social Security planning strategies. After April 29, 2016, the “File and Suspend” and the “Claim Now, Claim More Later” strategies will no longer be allowed for Social Security beneficiaries. The “File and Suspend”…

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