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Elder Law and Estate Planning | Knapp Law Firm, PC - Part 19

Category Archives: Elder Law and Estate Planning

My mother died and I got a letter about a family meeting.

What is a family meeting in regards to probate? Sometimes the personal representative, the new statutory term for the executor or executrix of the will, asks the attorney probating the estate to hold a “family meeting” for reading the will or more often for establishing how personal property is to be divided in-kind. (i.e. You…
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Can I write my child out of my will?

Yes. If you think about it simple sweetheart wills that give all to the spouse then to the children, but only if the spouse predeceases, effectively initially disinherits the children. From a historical perspective under old English law a man could only dispose of 1/3 of his “movables” away from his wife and children and…
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My wife is going into a nursing home

My wife is going into a nursing home as private pay and she has a three-years-long-term-care policy. Eventually she may have to go on Medicaid. I heard that Medicaid can take our home for reimbursement when she passes. Is this true? Maybe. South Carolina like all states has estate recovery which means the State can…
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