David W. Silver

Don’t Let Your Estate Plan Harm Your Disabled Loved One

Living with a disability is challenging enough, please don’t let your estate plan make it more difficult. If you have assets that will go to a disabled person at your death, it could result in your disabled loved-one losing public benefits upon which he or she relies. In order to help protect your disabled loved-one,...
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Assisted Living and Special Assistance

I previously submitted an article explaining Medicaid and skilled nursing care. However, what happens if a person (usually elderly) needs help, but doesn’t need a nurse? These people may be unable to take care of themselves at home, but would not meet the medical test to qualify for skilled nursing care or Medicaid. In North...
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No Need to Fear Trusts

Many people are confused or intimidated by trusts. While some trusts can be complicated, they don’t always have to be that way. If you have ever given your phone to someone to take your picture, you basically created a trust – the person might have possession of your phone, but it is still your phone,...
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The Usefulness of Pre-Need Burial Contracts

What happens to our remains after we die is the very definition of “someone else’s problem.” However, this can be a difficult and emotional issue for the loved ones that we leave behind. There are a lot of choices that someone needs to make: Cremation or burial? Fancy casket or economy model? Should there be...
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Rights of a Surviving Spouse

The most common estate plan that I create in my NC law practice leaves everything to spouse if spouse is then living, otherwise everything to kids. However, I occasionally have clients who don’t want everything or anything to go to their spouses. This is particularly common when there is marital discord, blended families after a...
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