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NC and SC Estate Planning and Elder Law Firm

Tuesday, August 9, 2016

Why You Need an Advance Directive: VA Doctors Participate in 'Adverse Events' Study


Discussing end-of-life issues is never easy. However, difficult medical scenarios can arise at a moment’s notice, and we believe all our clients should have a say – albeit via a healthcare power of attorney – in their treatment when facing a terminal or debilitating condition. An advance directive is a power of attorney drafted solely to address complex medical issues – and specifically pertains to the scenario in which you cannot advocate for yourself due to unconsciousness, injury or illness. As a component of the healthcare power of attorney – also known as an “Advance Directive” – an agent can make important end-of-life decisions, including their wishes with regard to resuscitation, life support and pain management.

We know that


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Tuesday, August 9, 2016

Elder Abuse on DOJ's Radar


What is the government doing about elder abuse.

Back in May, we reported on the growing problem of elder abuse in all its forms, physical, emotional and financial. Many have termed this the crime of the 21st century, and now elder abuse has become a concern for the federal government. The U.S.


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Sunday, July 24, 2016

Veteran’s Benefits Have Gone to the Dogs


Can a veteran qualify for a service dog?

In a world where veterans are often waiting for…or fighting for… various government- sponsored benefits, a “feel good” story about vets helping other vets takes the bite out of the daily depressing headlines.

The North Carolina-based organization, Canines for Service, provides service dogs to veterans who are disabled as a result of their military service. The dogs have all been rescued from shelters and, after being trained for 9-12 months to become service dogs, are placed free of charge with disabled vets from all over the country. Some of the veterans’ qualifying disabilities include mobility issues, documented post-traumatic stress disorder (PTSD), and traumatic brain injuries. It’s common for the service dogs to assist their new owners for 8-10 years before retiring and being replaced.


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Wednesday, July 20, 2016

Startup Accelerator Committed to Charlotte


How can my business qualify for Well Fargo's Startup Accelerator?

Wells Fargo & Co launched its Startup Accelerator in 2014 to support technology entrepreneurs. During this time the bank has received applications from more than 800 applications from startups in 40 countries - companies involved in a wide range of technological innovations from cyber security and artificial intelligence to digital marketing and operations.

Based In San Francisco, Wells Fargo also has an east coast hub based in Charlotte, North Carolina, and the bank is providing investment opportunities to startups in the region, particularly those involved in financial technology or "fintech."

"Wells is committed to Charlotte. We have a big team, which makes it that much more of a complimentary place for startups already located there to get in touch with us,” said Braden More head of payment strategy at Wells Fargo.


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Wednesday, June 29, 2016

The “Epidemic” of Insufficient Retirement Savings Among Baby Boomers


Will I have enough money to live on after I retire?

If you’re a Baby Boomer facing retirement and aren’t sure if you’ll have enough money to support yourself for the rest of your life once you stop working, you aren’t alone. In fact, even if you think you’ve planned well for retirement, you may have underestimated. No one likes to think about getting older, becoming disabled, or dying, but it’s imperative to have your financial and legal affairs in order before retiring.

Financial experts suggest that retirees will need to replace 70% of their pre-retirement income to live during their retirement. Retirement income sources may include savings, investments, 401(k)s, IRAs, social security benefits, pensions, etc.


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Tuesday, June 28, 2016

Veterans Administration Inexplicably Cuts Benefits to Thousands in Need


In a dramatic and inexcusable case of administrative oversight, the Veterans Administration (VA) has allegedly suspended benefits for over 4,200 recipients in the past four years – all which were “presumed dead,” despite being very  much alive and well.

Late last year, a Florida lawmaker made an inquiry into the VA’s records, specifically seeking information on the number of terminations premised on “presumed demise.” The inquiry came after several of his constituents in the Tampa area complained about losing their benefits – and having to navigate a bureaucratic labyrinth to reinstate their rightful entitlements.

As a result of the inquiry, the VA revealed that over 1,000 terminations were occurring per year, all of which were erroneous. The highest number of errors occurred in 2015, 1,025 American veterans losing their monthly benefits after being wrongfully presumed dead.


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Thursday, June 16, 2016

How to Name a Trustee


What are the obligations of a trustee in managing an estate?

A well designed estate plan often requires putting a revocable trust in place which can help to avoid probate and specify how your beneficiaries will receive the assets. Once the trust is established, you will be named as the trustee so that you can continue to manage your assets during your lifetime. However, you will also need to designate a successor trustee who will be tasked with managing your financial affairs in the event you become incapacitated or distributing assets to your beneficiaries when pass away.


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Tuesday, June 7, 2016

Using Estate Planning to Prepare for the Unimaginable: The Death of Your Spouse


Should you plan for a time when your spouse predeceases you?

You love your spouse so much that it causes you great pain to think about his or her death. But, this pain is nothing compared to the agony you will face should your spouse predecease you without an estate plan in place. Estate planning can make dealing with the death of a spouse significantly easier by limiting the stress that may come with being unfamiliar with the family finances and your spouse’s wishes. Here is how to being planning for the possibility that your spouse will die first.

It is most important to be organized when it comes to estate planning.


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Tuesday, May 31, 2016

Protect Yourself & Your Loved Ones from Elder Abuse


Have you ever seen the movie Happy Gilmore? It’s an Adam Sandler comedy about a wannabe hockey player that takes up professional golf in order to make enough money to save his beloved grandmother’s home from foreclosure. While Happy is out playing on the PGA tour, his grandma is placed in a nursing home with a manager that is verbally abusive, and runs a sweatshop in the arts and crafts room.

Elder abuse is such a taboo topic that the comical portrayal of it in Happy Gilmore is one of the only representations of it you will see in pop culture. It is a topic that is swept under the rug and ignored despite its growing frequency.

For example, last year alone, 21 people were convicted for scamming elderly North Carolina residents out of more than $91 million.


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Monday, May 16, 2016

Why Digital Assets Should Be Part of An Estate Plan


What happens to my social media accounts after I die?

Technological innovation is shaping many aspects of our lives as more of our affairs are conducted digitally. Through the widespread use of email and social media accounts, computer storage of digital pictures, online bank and investment accounts, many of us have acquired a portfolio digital assets. But what happens to these assets when we die?

Currently, there is no clear direction under the law in North and South Carolina regarding the legacy of digital assets. Elsewhere, only a handful of states have enacted laws concerning digital assets with respect to estate planning. In addition, the Uniform Law Commission, a group of attorneys across the U.


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Sunday, May 1, 2016

Shocking New Report on VA Benefits Makes National News, But Part of the Story is Missing


The New York Times has finally caught on to something we have known here in the Carolinas for quite some time - veterans are being denied benefits by the VA at an all-time high rate. This is a serious issue that is impacting a lot of young men and women from both North and South Carolina who bravely answered the call of duty after the September 11 terrorist attacks.

A Common Story

The Times article tells the story of Joshua Bunn, who was a rifleman in Afghanistan, but like so many recent vets, is being denied benefits by the Department of Veterans Affairs (VA). Bunn, who the Times reports was suffering from suicidal thoughts and nightmares, went AWOL and after he was caught, agreed to take an other-than-honorable discharge from the Marine Corps because he was told he would be better off taking an other-than-honorable discharge than waiting years for a medical discharge to go through.

Unfortunately, because his discharge was not honorable, the VA does not consider him a veteran, and is denying him benefits.


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Monk Law Firm, PLLC assists clients throughout Charlotte, Rock Hill, Fort Mill and the surrounding areas.



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| Phone: 803-594-4453
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| Phone: 704-369-9977

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