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Estate Planning Attorney in Charlotte NC

Elder Law, Wills, and Trusts

Learn more about our elder care and estate planning attorney in Charlotte NC by clicking on their individual profiles or call our office today at (704) 553-8221 to schedule an initial consultation.

Conrad Trosch & Kemmy is committed to providing top-quality estate planning and estate administration services with care, understanding and respect for you and your loved ones. Whether your assets are large or small, our estate planning and probate attorneys can help you control who will manage your assets, who will inherit your property, and when. If you don’t create an estate plan for yourself, the State or North Carolina will determine what happens to your possessions.

We can advise whether you should have trusts, powers of attorney, living wills or health-care powers of attorney. You may want to use more complex techniques to avoid probate, minimize estate taxes, or protect your assets from nursing home expenses. Our estate planning attorneys will also help you express your health-care preferences with medical directives. In settling your estate or the estate of a loved one, our attorneys can assist the Executor with probate and estate administration.

One of our partners is the first member of the Mecklenburg County Bar to be board-certified by the North Carolina State Bar as an Elder Law Specialist.

Wills and Trusts
Simply put, a Will is a legal document that controls the distribution of property upon a person’s death. It is important to have a Will even if you have a small estate as it allows you to name a guardian for your minor children and decide who you would like to receive your assets when you pass away. Sometimes, along with your Will, it is appropriate to make use of a Trust. Trusts can be irrevocable or revocable and serve a variety of purposes ranging from probate avoidance to asset protection.
Probate and Estate Administration
When a loved one passes away, the grief can be all-consuming. If you are a personal representative of an estate, let us guide you through the process. Our attorneys can assist you with interpreting the Will, settling any debts or expenses of the estate, distributing assets to beneficiaries, and administering trusts, among many other things. Our end goal is to wind up the estate in a way that is both economical and respectful of the decedent ’s wishes.
Powers of Attorney
A power of attorney allows you to appoint someone to handle your financial affairs for you while you are living. It lists the powers that you want this person to have; these will be limited in some cases and extremely broad in others. If you do not have a Durable Power of Attorney and become incapacitated in the future, a court ordered Guardianship (which can be costly and emotional for your family) will likely be necessary for the management of your affairs.
Living Wills
A Living Will tells others under what circumstances you would like to die a natural death without certain life-prolonging treatments like ventilators or feeding tubes. This document only goes into effect when you meet one of the specified conditions set forth by NC Statute.
Health Care Powers of Attorney
A Health Care Power of Attorney allows you to name a person (called your “Health Care Agent”) to make medical decisions for you when a physician has determined that you are not able to make or communicate your own health care decisions. These decisions may range from the routine to the serious. Your Health Care Power of Attorney can also be coordinated with your Living Will in regard to end-of-life decisions.
Veterans Benefits
Millions of dollars in resources are available for veterans, but many have no idea what they may be eligible for or how to find out. Depending on your situation, you could be eligible for a number of Veterans Benefits, including compensation for disabilities and monthly compensation, among others. If you are a veteran and need help determining what benefits you may be eligible for, contact us. If you have been denied, please don’t take no for an answer if you think you have a valid claim. We can also assist you with your appeals process to ensure that you receive the benefits you’re actually entitled to.
Guardianship
Guardianship is the legal process by which a court appoints someone to make decisions for and act on the behalf of either an incapacitated adult or a minor child. A court may appoint a guardian for the person or for the estate, or for both. If your loved one can no longer make decisions for himself or herself and has not previously executed a Power of Attorney, our attorneys can help you evaluate whether Guardianship may be necessary.
Asset Protection
There are a number of reasons why our clients seek to protect their assets – potential litigation, fraud, and creditors are common reasons, among many others. Typically, the sooner you begin this type of planning, the more effective it will be. Our attorneys can help you protect your property through various types of transfers, trusts, contracts, and business entities.
Medicaid Planning
If you (like most Americans) cannot afford to pay for nursing home care out of pocket, then you will most likely need to qualify for Medicaid to cover the cost at some point. After your death, Medicaid will make a claim against your home and other assets as reimbursement for the amount spent on your care during life. There are ways that our attorneys can protect your assets from estate recovery by Medicaid, and the earlier we start planning, the more options you have. Our team of Elder Law attorneys includes an Elder Law specialist certified by the NC State Bar, as well as an attorney who earned a Certificate of Concentration in Elder Law, specifically, while in law school.

For more information about how our attorneys in Charlotte can help you with divorce, estate planning needs, civil litigation, personal injury in Charlotte, and much more please review the links above or simply contact us at 704.553.8221.

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