GUNS AND DEMENTIA
Q. My elderly father is often confused and agitated. I am concerned because he has loaded guns in the house. What can I do? A. Short of bringing a protective or guardianship action, I suggest you consider addressing the matter…
scarletccarter@gmail.com
DIGITAL ASSETS
Q. Any updates on how a fiduciary accesses digital assets? A. South Carolina passed the Uniform Fiduciary Access to Digital Assets Act in 2016 which gives agents under a duly authorizing power of attorney, or a trustee, personal representative and…
STOP, LOOK, LISTEN
Q. I am named as personal representative in my father’s will. Can I sell his car immediately after his death so I don’t have to make the payments and start distributing other personal property from the house the day of…
TAX CREDIT 2019
Q. I have claimed my mother as a dependent in the past for tax purposes. Are there any tax breaks left to help me with those high in-home care expenses? A. Maybe. It is true you can no longer claim…
MY MOM’S POWER OF ATTORNEY WAS PREPARED SOME YEARS AGO IN ANOTHER STATE. WHEN I TOOK A COPY TO HER LOCAL BANK IT WAS REFUSED. AMONG OTHER THINGS I WAS TOLD IT WAS OUTDATED. DOES MOM NEED TO HAVE A NEW ONE PREPARED?
It is always a good practice to have out-of-state legal documents reviewed when you establish a new domicile and it is not unusual for there to be problems with a document. The concept of a durable power of attorney was…
VA BENEFITS
Q. I heard there are changes to the eligibility for VA pensions and other veterans’ needs based programs. What are the changes and when do they take effect? A. The amendments have been a long time coming, but I first…
I AM CONFUSED IS THERE MORE THAN ONE KIND OF PROBATE IN SOUTH CAROLINA.
No and yes. Probate is a court procedure by which a will is proved to be valid or invalid and then the terms of that document are applied to the estate situation. Probate is also the procedure for administration of…
RETIREMENT ASSETS
Q. Can I pass my retirement assets by will? A. Maybe, but are you sure you want to? If you are talking about a pension probably not because it is governed by a contract and very likely federal laws. Distribution…
MISTAKES IN WILLS
Q. What mistakes should a person avoid when doing a will? A. I have chosen the five[i] following mistakes to avoid. NOT HAVING A WILL IN THE FIRST PLACE IS A BIG MISTAKE PEOPLE MAKE. They think they have nothing…
MEDICAID APPLICATION SELF HELP
Q. Should I complete a Medicaid application for my Mother on my own? A. It depends. Often relatives are able to fill out the forms and pull together 90% to 100% of what Medicaid needs without any help. I encourage…