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- Special Needs Planning
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Posts
Business Law
- How to Keep Your Family Business in the Family
- What Should Be Included in Your Partnership Agreement?
- How Do You Form a C Corporation?
- A New Scam To Look Out For
- From Dueling To Mediation And Arbitration
- A New Funding Option For North Carolina Businesses
- What March Madness Can Teach Us About Building A Successful Business
- Sound Legal Advice is a Key to Start-Up Success
- Suing To Set Up Shop
Business Succession Planning
- Tips for Successful Succession Planning from Tommy Boy
- You Don’t Really Have A Succession Plan If You Haven’t Put Your Plan Into Action
- Startup Accelerator Committed to Charlotte
- A Primer on Business Succession Planning
- Family Business: Preserving Your Legacy for Generations to Come
- Business Succession Planning Tips
- Where to Incorporate Your Small Business
- Utilizing Family Limited Partnerships
- Avoid Family Feuds through Proper Estate Planning
- How Much of Your Estate Will Be Left Out of Your Will?
- 6 Events Which May Require a Change in Your Estate Plan
- Property Ownership and Your Estate Plan
- Buy-Sell Agreements and Your Small Business
- Umbrella Insurance
- Family Business: Preserving Your Legacy
Elder Law
- When It May Be Time to Move to a Nursing Home
- Taking Time to Honor Our Seniors on International Day of Older Persons
- How to Boost the Morale of a Loved One living in a Nursing Home During COVID-19
- How to Talk to Your Parents About Moving to a Senior Care Facility
- Talking to Your Elderly Parents About When It Is Time for Them to Stop Driving
- Things to Do When Moving a Loved One to a Nursing Home
- The CDC’s Coronavirus Guidance for Older Adults
- When Should You Plan For Long-Term Care?
- Increased Demand for Medicaid Lands Sick Children on Waitlist
- Threatened Reform of North Carolina’s Model Medicaid System
- Elder Abuse on DOJ’s Radar
- The “Epidemic” of Insufficient Retirement Savings Among Baby Boomers
- How to Name a Trustee
- Protect Yourself & Your Loved Ones from Elder Abuse
- Avoiding a Family Feud After Your Death
- Hybrid Long-Term Care Policies
- Turning Over the Keys: Helping older drivers make the tough decision
- First Party and Third Party Pooled Income Trusts, Explained
- Mediation: Is It Right For You?
- Do I Really Need Advance Directives for Health Care?
- If you’re 70 and have considerable assets, should you consider Medicaid Planning?
- Making your home senior-proof
- Advance Planning Can Help Relieve the Worries of Alzheimer’s Disease
- Think Treasure Hunts are Fun and Games? Think Again
- Should you withdraw your Social Security benefits early?
- The Essential Component of Your Estate Plan’s Success
- You’ve Established an Estate Plan. Do You Know Where the Documents Are?
- Don’t Disinherit with a Small Amount
- 8 Things to Consider When Selecting a Caregiver for Your Senior Parent
- Can I Get In Trouble With the IRS for Trying to Reduce the Amount of Estate Tax That I Owe?
- What is Estate Recovery?
- A Shared Home but Not a Joint Deed
- Life Insurance and Medicaid Planning
- When to Involve Adult Children in the Estate Planning Process
- Paying for Your Grandchildren’s Education
- A Living Will or Health Care Power of Attorney?
- Veterans’ Non-Service Connected Pension Benefits
- Trusts & Probate Avoidance
- Retirement Accounts and Estate Planning
- Guardianships & Conservatorships
- Medicare vs. Medicaid
- Bank Accounts and Medicaid Eligibility
- Medicaid Asset Protection Trust
- Senior Citizens and Bankruptcy
- You’ve Finally Done Your Healthcare Directives – Now What?
- Overview of Life Estates
- Do I Really Need Advance Directives?
Elder Law and Medicaid Planning
- Should You Sell Your House If You Are Moving to a Nursing Home?
- What Happens in Medicaid Planning?
- What is Medicaid Planning?
- What Are the Eligibility Requirements for Medicaid in North Carolina?
- What Should You Ask Your Medicaid Planning Attorney
- Nursing Home Reopenings: What to Know Before You Go
- What You Should Know About Medicare Open Enrollment
- How to Pay for the Costs of Assisted Living
- How Did the Deficit Reduction Act of 2005 (DRA) Affect Medicaid?
- How to Select the Right Nursing Home Facility
- Help For North Carolina Seniors In Need Of Home Repairs
- Counting on Medicaid? You Might Need To Spend Down.
Estate Administration
- How Much Does the Executor of an Estate Get Paid in South Carolina?
- Creditor Claims During Estate Administration in South Carolina
- What Happens During Probate?
- What Can Delay the Probate Process?
- How to Choose a Personal Representative
- What Happens If There Is No Named Executor of an Estate?
- Which Assets Avoid Probate?
- What Happens in Probate Court?
- Why Would You Want to Avoid Probate?
- Choosing an Executor
- North Carolina Small Estates
Estate Planning
- Estate Planning In Times Of Emergency – Disaster Preparedness
- Estate Planning For High Net Worth Individuals
- Estate Planning Considerations For Small Business Owners
- Elder Law and Digital Assets – Planning Your Online Presence
- Estate Planning For Veterans And Their Families
- The Role Of A Guardian In A Special Needs Trust
- Estate Planning and The Importance of Privacy
- Asset Protection Strategies That Are Useful In Estate Planning
- Estate Planning Considerations for Blended Families
- How To Avoid Trust Disputes
- The Importance of Estate Planning as a Parent
- What Happens When a Personal Representative Doesn’t Do Their Job?
- Spendthrift Trusts and Protecting Your Legacy
- How Will Your Heirs Divide Up Your Tangible Personal Property?
- Tips for Organizing Your Estate
- Most Americans Do Not Have an Estate Plan in Place
- Get a Power of Attorney for Your College-Age Kid
- Why Are Medicaid Applications Denied?
- Funding Your Living Trust
- Who to Choose as Trustee
- Taxes Relevant to Estate Planning
- What Makes Up My Estate?
- Estate Planning Considerations for Single Parents
- Make Important Health Care Decisions While You are Healthy
- Planning for Assets with Sentimental Value
- Ways to Make Sure Your Children Inherit Your Home
- The Differences Between a Will and Living Trust
- Who Inherits if a Primary Beneficiary Dies?
- Have You Ever Heard of a Pour Over Will?
- Estate Planning Checklist
- Will My Revocable Trust Avoid Probate?
- Does a Revocable Trust Help Avoid Probate?
- Clauses to Include in Your Revocable Trust
- Should Estate Plans Include Advance Directives?
- Why Your Aging Parent Needs a Durable Power of Attorney in Place
- Add Estate Planning on Your Moving To-Do List
- Things to Consider in Choosing Your Health Care Surrogate and Power of Attorney Agent
- What You Need to Know About the Proposed For the 99.5 Percent Act
- What Is the Elective Share?
- The Pitfalls of DIY Estate Planning
- Estate Plan in Place? Where You Should Consider Storing Your Original Documents
- The Benefits of Charitable Giving in Your Estate Plan
- The Relevance of “Domicile” in Estate Planning
- A Prenuptial Agreement as an Estate Planning Document
- What Is the Portability of the Estate Tax Exemption?
- How Testamentary Capacity Is Determined
- When Should You Revisit Your Estate Plan?
- Health Care Documents You Should Have in Place for Your College-Age Kid
- Why You Can Never Be Too Young to Estate Plan
- How Long Does an Executor Have to Settle an Estate in North Carolina?
- Why You Should Consider Incorporating 529 Plans Into Your Estate Plan
- What Are the Responsibilities of an Executor?
- How Can I Include Charitable Giving in My Estate Plan?
- Why You Are Never Too Young to Estate Plan
- What Is a QTIP Trust?
- What Happens When an Estate Is Closed?
- What Are the Most Common Estate Planning Mistakes to Avoid?
- Inheritance for Surviving Spouses
- Filing the Estate Income Tax
- James Brown’s Estate
- How Do You Create a Valid Will in North Carolina?
- What Is a Durable Power of Attorney?
- What Is an Incentive Trust?
- Terminating a Living Trust
- Dying Without a Will
- Advanced Health Care Directives
- Estate Planning for Your Pet
- Don’t Wait to Estate Plan
- Taxation of Trusts
- A Lawyer To English Dictionary
- Inheritance Taxes: The Estate Tax’s Sneaky Cousin
- How To Challenge A Will
- Apprising You Of Appraisals
- Can I Ask My Parents For Money Now Instead of Waiting Until They Die?
- Step-Sister Swindles Siblings Out Of Inheritance
- Are Modern Day Fort Mill & Charlotte More Like Downton Abbey Than We Thought?
- Five Tips For Fighting Elder Abuse
- Stones & Statutes: What Law Applies When A Cemetery Is Disturbed?
- Estate Planning In The Opioid Era
- Preparing For Your Spouse’s Death
- Burt Reynolds Disinherits Son?
- Estate Planning For Farmers Helps The Next Generation Grow
- Saying Goodbye To The Queen
- Providing For Loved Ones With Substance Abuse Issues
- Estate Planning For New Parents
- Cutting Someone Out Of Your Will May Be Harder Than You Think
- Remembering Terri Schiavo
- Dealing With A Loved One’s “Stuff” After They Are Gone
- What Does It Mean To “Spend Down?”
- What Is A Reverse Mortgage? And Should I Get One?
- It’s A Wonderful Life… Insurance
- Leaving Behind Unique Assets Requires Proactive Estate Planning
- You Might Need 20 Copies Of Your Loved One’s Death Certificate
- Do You Have The Mental Capacity To Make A Will?
- I’m a beneficiary. What does that mean?
- More Than Just The Start of Summer
- Track Your Benefits With A My Social Security Account
- What Happens to Cryptocurrency When Its Owner Dies?
- What If This Is My Circus? And Those Are My Monkeys?
- What Happens If You Don’t Have An Estate Plan?
- 4 Huge Estate Planning Mistakes & How To Avoid Them
- Harper Lee’s Will Keeps Her Affairs Private
- Are You Your Family’s Archivist?
- Estate Planning For Art Collectors
- How Does The New Tax Law Impact My Estate?
- Division is Difficult
- Hefner Demands Heirs Be Drug-Free
- D-I-V-O-R-C-E And E-S-T-A-T-E P-L-A-N-N-I-N-G
- The Importance of Giving This Holiday Season
- Who’s Reading Your Emails?
- Buried Next To Marilyn Monroe, But That’s About All We Know
- 50 Ways To Destroy An Old Will
- A True Horror Story For One North Carolina Family
- Talking To Your Family About Your Estate Plan
- It Takes More Than A Part Time Job To Pay For College These Days
- The Perils of Family Property
- Into the Archives
- Estate Planning for Newlyweds
- Be Sure Your Estate Plan Includes Your Digital Assets
- Estate Planning For Couples Who Aren’t Married
- Practical Tips For Passing A Vacation Home To The Next Generation
- Polly Wants A Cracker, And A Trust Fund
- How To Avoid Long Term Care Insurance Scams
- Why We Were Thinking About Power of Attorney Documents on New Year’s Eve
- How Long Does It Take To Settle An Estate?
- Why Life Insurance Belongs In Your Estate Plan
- Estate Planning For New And Soon-To-Be Parents
- 3 Myths About Estate Planning
- Resolve To Get An Estate Plan in 2017
- Use This Simple Trick To Avoid Estate Taxes
- An All Too Real Horror Story
- Do You Have Plans For Your Digital Afterlife?
- Frequently Asked Questions About the North Carolina Probate Process
- South Carolina Legislature Enacts New Power of Attorney Act
- The Values of an Irrevocable Trust
- Why You Need an Advance Directive: VA Doctors Participate in ‘Adverse Events’ Study
- Using Estate Planning to Prepare for the Unimaginable: The Death of Your Spouse
- Why Digital Assets Should Be Part of An Estate Plan
- Keep Your Beneficiary Designations Up to Date
- The Use of QTIP Trusts in Estate Planning Involving Second Marriages
- Why shouldn’t I use a form from the internet for my will?
- What Your Loved Ones Absolutely Need to Know About Your Estate Plan
- The Rule against Perpetuities
- Can an Individual be held responsible for his or her deceased loved one’s debts?
- What is a tax basis and how will it affect my estate plan?
- Things to Consider When Picking an Executor
- What Is the Spousal Share of an Estate?
- What is a Life Estate?
- Five Common Reasons a Will Might Be Invalid
- Avoiding Common Mistakes in Estate Planning
- Controlling Estate Planning Through Trusts
- Glossary of Estate Planning Terms
- Pooled Income Trusts and Public Assistance Benefits
- Planning Pitfall: Probate vs. Non-Probate Property
- Estate Planning Don’ts
- Estate Planning for the Chronically Ill
- What would happen if another child is born after establishing an estate plan?
- Would transferring your home to your children help avoid estate taxes?
- Borrowing from your retirement accounts: Issues to consider
- Important Steps to Plan for the Future of a Special Needs Child
- Important Issues to Consider When Setting Up Your Estate Plan
- What is Estate Tax Portability and How Does it Affect Me?
- Choosing a Guardian for Minor Children
- Executors Fees
- Is There Anyway a Disinherited Child Could Receive an Inheritance From an Estate?
- Leaving a Timeshare to a Loved One
- Problems with Using Joint Accounts as a Vehicle for Inheritance
- Selecting An Executor Post Mortem
- Role of the Successor Trustee
- Will or Won’t? Things a Will Won’t (or Can’t) Do
- 8 Reasons Young People Should Write a Last Will and Testament
- Protecting Your Legacy with Estate Tax Planning
- Family Foundations: What, Why, and How
- A Simple Will Is Not Enough
- How to Keep Your Affluent Children From Turning Into … Well, … Brats
- Is a copy of a will sufficient?
- Protecting Your Vacation Home with a Cabin Trust
- What to Do after a Loved One Passes Away
- Young and Ill, without Advance Directives
- Removal of a Trustee
- How Certificates of Shares Are Passed Down
- “Funding the Trust”
- What is a Pooled Income Trust and Do I Need One?
- Refusing a Bequest
- Testamentary Trusts vs. Inter Vivos Trusts
- Your wishes in words
- When will I receive my inheritance?
- Issues to Consider When Setting Up Your Estate Plan
- Special Needs Trusts
- Common Estate Planning Myths
- Preparing Your Family for an Emergency
- Overview of the Ways to Hold Title to Property
- Year End Gifts
- Should I Transfer My Home to My Children?
- Serving as an Executor?
- Overlooked Issues in Estate Planning
- Considering Online Estate Planning?
- Gifting to Grandchildren
- Paying Off Loved One’s Debts
- Filial Responsibility Laws
- Bypass Trusts
- Beware of “Simple” Estate Plans
Firm Announcements
- Monk Law Firm, PLLC is excited to announce that Simon J. O’Brien has joined our team!
- Happy First Day of School
- Ryan Monk Recognized as NC Legal Elite and Super Lawyer
- Give Hope Gala in Charlotte, NC
- Happy Halloween from Monk Law Firm
- Traveling Vietnam Wall Memorial
- 81-year-old Oak Park resident takes skydiving in stride
- Come visit us at our new location in Baxter Village!
- Remembering all of those lost 13 years ago today. Never forget.
- Happy Memorial Day
- Monk Law Firm is Growing!
Guardianships
- What to Consider in Choosing a Guardian for your Children
- Sometimes It Can Be Hard To Tell The Good Guys From The Bad
- Is Buzz Aldrin In Trouble?
- Exposing Guardianship Abuse
- Equifax Breach Highlights The Importance Of Credit Monitoring
- Protect Your Loved Ones From Abuse Online
- A Known Unknown
- Mother Fights for Guardianship of Intellectually Disabled Daughter
Long-Term Care Planning
- Why You Should Plan for Long-Term Care As Soon As Possible
- Can Adult Children Be On the Hook for Their Parents’ Long Term Care Bills?
- The Importance of Supporting Family Caregivers
- Keeping Elderly Loved Ones Safe During Hurricane Season
- Are Long Term Care Benefits Available to Veterans?
Probate
Special Needs Planning
- What Can Special Needs Trust Proceeds Be Used For?
- What Type of Planning Should a Child with Special Needs Have in Place?
- What Is a Third Party Special Needs Trust?
- What Does Special Needs Mean?
- Special Needs Trusts Protect The Special People In Your Life
- U.S. Supreme Court Hears Special Education Case
- Special Needs Trusts Help You Care For The Special People In Your Life
Uncategorized
- How to Establish Guardianship for Elderly Parents
- Legal Tools to Complement Guardianship in Estate Planning
Veterans Benefits
- What Burial and Memorial Benefits Are Offered by the VA?
- What Is Parents’ Dependency and Indemnity Compensation (DIC)?
- Appealing a Denial of Veteran Benefits
- Potential Changes In The Law May Help Veterans Exposed To Agent Orange
- Honoring Veterans
- Applying for Veterans’ Disability Benefits in North Carolina
- Widows Continue To Fight For Veterans Benefits
- Film About North Carolina Veteran Spreads Awareness
- Military Benefits Mess Makes Headlines
- Veteran’s Benefits Have Gone to the Dogs
- Veterans Administration Inexplicably Cuts Benefits to Thousands in Need
- Shocking New Report on VA Benefits Makes National News, But Part of the Story is Missing
Wills and Trusts
- No Valid Will? What Happens Next?
- Charitable Lead Trusts
- Differences Between a Conservatorship and a Power of Attorney
- Funding Your Trust With Out of State Property
- What Is a Revocable Living Trust?
- The Benefits of a Spendthrift Trust
- What Is a Spendthrift Trust?
- What Are the Different Types of Trusts?
- What Can You Accomplish with a Will?
- How Are Revocable Trusts Taxed?
- How Are Irrevocable Trusts Taxed?
- What Is an Irrevocable Life Insurance Trust?
- What Are the Fiduciary Duties of a Trustee?
- Should You Specify Your Desired Funeral Arrangements in Your Will?
- How Can You Protect an Heir’s Inheritance from His or Her Spouse?
- What to Include in Your Will
- Recent Supreme Court Ruling Regarding Taxation of Trusts