Ask a Question

Get free answers to your Elder Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
North Carolina Elder Law Questions & Answers
1 Answer | Asked in Elder Law and Estate Planning for North Carolina on
Q: If my grandparents deed the land to me is there a risk that that the land can be taken from me by nursing home 5 yr ?

My grandparents are in bad health. If they deed their land to me and have to later enter a nursing facility what are the rules? I was told the land could be claimed by nursing home in 5 year? Im confused? How can i protect it?

Catherine E Bruce
Catherine E Bruce
answered on Aug 21, 2015

Medicaid has a Five-Year Lookback period. This means that Medicaid can look back five years from the date that an applicant enters a nursing facility. Any gifts or transfers made for less than fair market value in the five years preceding the date of entry will disqualify the recipient from... View More

1 Answer | Asked in Elder Law for North Carolina on
Q: Can my mother give her house to one of her children when she comes out of the nursing home?

My mother is on medicade and medicare and is in the nursing home for rehab. she is getting out dec. we don't won't her to loose her house to keep the state from getting it.

Rachel Lea Hunter
Rachel Lea Hunter
answered on Apr 26, 2014

Nope. Medicaid by law is mandated to seek recovery from your mother's estate when she dies. If she gives the house away now then she will not be eligible for Medicaid.

The time for planning was long ago before your mother started receiving Medicaid. However, your mother should see an...
View More

1 Answer | Asked in Elder Law for North Carolina on
Q: When, how or who can force me from my home if i become unable to physically care for myself?
Rachel Lea Hunter
Rachel Lea Hunter
answered on Aug 16, 2013

I cannot answer the question of when other than the time when you are unable to care for your person or financial affairs.

As to how and who, someone - either a relative (most likely)or perhaps the state/county aging/mental health department (if there is no one else) could file a...
View More

1 Answer | Asked in Elder Law for North Carolina on
Q: My father has dementia and my mother takes care of him. What do we legally need to consider, before something happens?
Rachel Lea Hunter
Rachel Lea Hunter
answered on Mar 22, 2013

What do you mean? Its too late for your father to make a will or power of attorney for finances/healthcare or an advance directive/living will unless your father's dementia is not all that advanced. Even then, your father would need to consult with and elder law attorney about that. If your... View More

1 Answer | Asked in Elder Law for North Carolina on
Q: My friend is in a Nursing Center and her daughter sold her house 10 days ago. Can she do that? No notice of eviction.

About 7 yrs ago, my friend's daughter convinced her to move here. She sent her $5000,00 down payment on the house. The daughter handled the paper work from this end. Three days after moving here, my friend was devastated over the loss of her husband, she did not think to look at the papers... View More

Rachel Lea Hunter
Rachel Lea Hunter
answered on Mar 22, 2013

It is unethical to discuss your friend's legal problems with you.

First, no one knows what your friend signed 7 years ago. If it was a power of attorney in favor of the daughter, it can be revoked by your friend. If your friend signed over the deed to the house to the daughter, that is...
View More

1 Answer | Asked in Elder Law for North Carolina on
Q: My mother is in a nursing home.Both my name and hers is on the deed.I have to sell the house.Does all money go for her?
Rachel Lea Hunter
Rachel Lea Hunter
answered on Mar 18, 2013

It depends. Just because you are both on the deed doesn't mean that she gets all the money. Only 50% would be hers. Why does the home have to be sold now?

1 Answer | Asked in Elder Law for North Carolina on
Q: Can a personproperty taken away by a lover
Rachel Lea Hunter
Rachel Lea Hunter
answered on Mar 18, 2013

Legally? No. Property can be conveyed in only one of 2 ways: either by a gift between people who are living or a person can give away property by will or trust upon their death.

Anything else would meet the definition of theft (theft occurs when you take property owned by someone else...
View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.