North Carolina Senior Helpline
Legal Aid of North Carolina has a Senior Legal Helpline for citizens age 60 and older. The toll-free number is 1-877-579-7562. Intake hours for new callers are 9:00-11:00 a.m. and 1:00-3:00 p.m. Monday through Friday. Matters covered include Housing Law, Consumer Law, Employment Law, Pubic Benefits, Alternatives to Guardianship and Wills.
Is it true that all property must be transferred out of a seniors name 5 years before they go into assisted living?
RESPONSE: Not exactly. Eligibility for governmental benefits for assisted living is a complex area of the law that differs from state to state. I urge you to consult with an elder law attorney, who will be able to answer your questions.
I have consulted an elder care lawer who requires full payment up front for his services. We are trying to protect the assets for one parent going assisted living and one staying home who have made no preparations in advance. The is all- inclusive or a "flat fee" with no hourly billing. I understand that this is a complicated procedure. Is this normal or advised?
RESPONSE: It is common for estate planning and elder law services to be billed on a flat fee basis. We do that in my firm.
Elder Lawyer is recommending for my Father to deed his house to his children in order to avoid capital gains and so he can remain in the house until his death. Is this true?
RESPONSE: It sounds like the lawyer that your father execute a deed with a retained life estate, which does have those features.