by Rebecca McNerney | September 13, 2018 | Elder Law | 0 Comments

Disputes that arise in the context of estate administration, trust administration, powers of attorney, guardianships, and elder law make up the area of law known as fiduciary litigation.  You are likely wondering what exactly “fiduciary litigation” means.  A “fiduciary” is a person in a position of trust.  For example, you may be a fiduciary because you have been designated as an agent in someone’s power of attorney.  “Litigation” is the type of work attorneys do to resolve disputes through the court system.  Thus, fiduciary litigation involves disputes that arise as a result of...

by Rebecca McNerney | September 11, 2018 | Estate Planning | 0 Comments

Estate and probate litigation involves disputes that arise after someone dies, while the estate is being administered.  Trust litigation also involves disputes that arise after someone dies, while the trust is being administered.  However, trust litigation can also ensue while the grantor is still alive.  Regardless, the types of issues commonly seen in this area of the law include challenges to wills (will caveats), disputes regarding heirship or the right to inherit, illegitimate children’s rights to inherit from their father’s estates, blended families and step-family members’...

by Rebecca McNerney | April 11, 2018 | Elder Law | 0 Comments

Approximately 30 years ago, Congress adopted the Nursing Home Reform Act (NHRA) which provided sweeping modifications of the federal regulations governing nursing homes that participate in Medicare and Medicaid services.  The NHRA was adopted primarily as a result of disturbingly high rates of elder abuse occurring in nursing facilities. More recently, on October 4, 2016, the Centers for Medicare and Medicaid Services (CMS) published another set of revisions to these regulations, which took effect in phases.  The goals of the revised regulations are to improve quality of care,...

by Rebecca McNerney | January 24, 2018 | Estate Planning | 0 Comments

Friends, the past couple of weeks in York County, South Carolina, have been tough. Two young individuals have died at the hands of gunmen. These deaths are sudden, unexpected, and absolutely heartbreaking. I offer my deepest and most sincere condolences to the family and friends of Detective Mike Doty of the York County Sheriff’s Department, shot and killed in the line of duty on January 17, 2018, and to the family and friends of Karson Whitesell who was shot and killed at the Peach Stand in Fort Mill on January 23, 2018. Additionally, I’d like to say thank you to our law...

by Rebecca McNerney | January 5, 2018 | Estate Planning | 0 Comments

Guardianship.  Conservatorship.  Many have heard of it but not many understand what it is and when to pursue it.  I often speak to individuals and groups about the need for planning, specifically the importance of powers of attorney.  Despite the urgings however, many folks fail to plan accordingly and then find themselves or their loved ones in a crisis state urgently needing the advantages that planning would have provided. First, let me explain the power of attorney.  A power of attorney, whether it’s for financial affairs or healthcare matters, allows an...

by Rebecca McNerney | December 18, 2017 | Elder Law | 0 Comments

Friends, the Baby Boomers are aging.  With this generation entering the golden years, we see a rise in senior-related illnesses.  In fact, according to the Alzheimer’s Association, 1 in 10 of individuals age 65 and older is living with Alzheimer’s.[i]  Every 66 seconds in the United States, a person develops this disease.[ii]  Additionally, the Boomers control 70% of our nation’s disposable income.[iii]  You put these two truths together, and we also see a rise in elder abuse. Elder abuse comes in a variety of forms – physical, sexual, financial, emotional – and includes situations where the...

by Rebecca McNerney | December 11, 2017 | Estate Planning | 0 Comments

All my assets will automatically go to my spouse so I don’t need a will. Surprisingly, many states’ intestacy distribution structures do not provide that all of a decedent’s (the person who has passed away) property passes to their spouse at death. In fact, in South Carolina and North Carolina, if a decedent has both a surviving spouse and children, the estate is split between the surviving spouse and children.  This distribution structure can be modified only by an estate planning document such as a will or trust. Being appointed Personal Representative gives me legal authority to do...