Attorney Andrew Cobin Interviewed on WPTF

Attorney Andrew J. Cobin, a partner at Brady Cobin Law Group, PLLC, recently appeared on a segment of WPTF’s Triangle Afternoon News program to answer questions about wills and estate planning with radio hosts Rick and Donna Martinez. He discussed some of the basics of planning for the various phases of life.

Andrew Cobin concentrates his legal practice in this area of law and is among a select group of attorneys recognized by the North Carolina State Bar as Board-Certified Specialists in Estate Planning and Probate Law. He formerly served our nation as a judge advocate general in the U.S. Navy.

Below is an edited version of some of Andrew’s answers to questions about wills and estates posed to him. You can listen to the entire 10-minute interview by clicking on the audio below.

How often should you review and update your will?

I think it’s one of those things that is easy to put on the back shelf. Things change. If you are not keeping things up to date in your estate plan, then when it’s called upon, it’s not going to reflect what your wishes really are at that time.

It’s easy to work with someone and just get the basics in place. The basics are better than having nothing. A lot of times when we are meeting with clients, we are educating them about the issues that they should be concerned about. You see a lot of these “ah ha” moments. A big “ah ha” moment for a lot of clients is the realization that there is a way that you can leave things to your kids, allow them to have control over it, but protect it from things like a divorcing spouse or bankruptcy or any number of things.

Some of these issues are uncomfortable questions that you have to face, particularly if you are a married couple. Do you talk with clients about the fact this is stuff you may not want to talk about a lot, but you need to?

It’s certainly important to be able to have a frank conversation. We deal with these issues every day. Some people are very uncomfortable at first. Other people approach it with a great deal of humor. It’s serious business. If you can’t be honest about it, it’s not going to work the way you want it to.

What are the basics of estate planning? Some people may not have a will or need to update

You want to do planning in consideration of the three phases in life—while you are alive and well, if you become disabled and after you are gone. First is while you are alive and well. Whatever we are doing with planning shouldn’t impact the way you control your assets today. The second aspect is having a plan for disability. This is a huge one. The truth of the matter is that once you reach the age of 65, there is a greater likelihood than not that you will experience some disability during your lifetime.

We need to have a plan in place to allow people to carry on the way you would have done it….

If you don’t have a good plan in place, then you are relying on things like guardianships in the situation of a disability to manage your assets. That is something that could be avoided and save a lot of money and a lot of heartache.

The third phase is transferring the assets to the heirs. There are a lot of ways you can do that to make it efficient and timely and make it advantaged for the heirs such as protecting the assets from divorce.

You can find more information about the essential documents for estate planning at the Brady Cobin Law Group website. There is also information about the probate process for people who die without a will.

What do you need besides a will?

Everyone is unique in this sense. Some people are very concerned about paying for long-term care. Some people do not have children, but many do. There is plenty you can do today.

You need more than just the legal instrument (such as a will or power of attorney). The legal instrument will give the authority. You need to have instructions. You need to have a conversation about end-of-life decisions. If you are giving someone the duty to make the decision about when to withdraw treatment, you owe it to that person to have a discussion at a minimum about the criteria when they should be exercising that authority to make end-of-life decisions.

You can find general information about creating advanced medical directives, health care power of attorney documents, guardianships, planning for young families, trusts, charitable giving and estate tax planning at the Brady Cobin Law Group website. For answers to your specific questions, contact the law firm at (919) 782-3500 to schedule an appointment.

Planning for an Uncertain Future

The attorneys at Brady Cobin Law Group work with clients to plan for the future and the unforeseen. During the Covid-19 pandemic, they typically meet with clients online through video conferencing to discuss legal matters. They also can schedule in-person appointments in the law firm’s offices in Raleigh or Wake Forest.

The attorneys at Brady Cobin Law Group help clients in all phases of life understand the issues that need to be considered and to develop plans that honor their lifetime of hard work and their wishes for the future. Whether you need assistance with updating a will, creating an emergency guardianship, or planning for the future, the attorneys at Brady Cobin Law Group are ready to help. Call today or use the online contact form to schedule an appointment.

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How to Handle Estate Planning Amid Family Friction

Often the biggest obstacle to estate planning revolves around family dynamics. How parents, children, siblings and others interact with one another can guide or derail a plan for efficiently transferring assets from one generation to the next.

The start of the estate planning process can stir up family friction if discussions of inheritance begin and some family members have desires that are not being addressed.

At the Brady Cobin Law Group, PLLC, we offer thoughtful estate planning advice and compassionate advocacy for families as a whole. We try to be sensitive to family dynamics. Attorneys Dan Brady and Andrew J. Cobin are board-certified by the North Carolina State Bar as specialists in estate planning and probate law. They understand that the role of counselor involves being sensitive to family dynamics and helping a family honor the legacy they’ve built while protecting future generations.

If you need to establish a will and make other plans for dividing an estate and expect friction among some family members, contact Brady Cobin Law Group in Raleigh and Wake Forest, NC, to discuss how we can help you. We are a boutique law firm committed to dealing with the wide variety of concerns that arise when families are tackling tough estate and elder law issues.

Our attorneys focus on providing high-quality representation. We’ll take the time that is needed to see your needs through.

Transparency in Estate Planning Can Reduce Fighting Over Inheritance

While you may not ever get all members of the family on the same page, we can help you get organized so that everyone understands your estate planning objectives.

First, we would work with you to get a complete financial overview of your estate. This is a list of all assets, liabilities and insurance policies you have, including who the beneficiaries of the insurance, retirement accounts and bank account are.

We can help you draft a letter of introduction and explanation, which could address nonfinancial assets that will eventually be conveyed. For example, if you have drafted instructions for specific actions, such as selling a vacation home, or deciding that certain individuals are to receive valuable or treasured items, you can explain why.

Providing this information ahead of time could make clear your wishes and avert a family dispute over your inheritance later. This package of information will also be useful to the executor of your estate.

We would also work with you to compile a list of usernames and passwords for financial accounts online, which could be kept by your estate planning attorneys for release to the executor upon your death.

Make the Family Aware of Your Estate Planning

The next step is a family meeting to discuss your plans for division of your assets after your death. This is a good time to name your executor and explain to family members why you’ve chosen this person for these duties.

Most of the family meeting should be an explanation of how your assets are to be distributed upon your death and that you have established a will and/or trust(s) to ensure your wishes.

You should be ready to reiterate and defend specific instructions for selling or bequeathing highly valued assets. You may want to state that you have attempted to be fair and that you hope that explaining your plans will help pull the family together rather than tear it apart.

This family meeting is also a good time to state your health care desires and what you do or do not want done if you fall ill and cannot speak for yourself. If you can announce that you have an advance medical directive that specifies your medical care preferences, that would benefit your family, as well.

Being open and communicating what is important to you can keep family members from having to deal with disappointment in a time of grief and may stop arguments before they begin.

Legal Steps in Estate Plans May Stop Family Disputes Over Inheritance

Unfortunately, a well-meaning plan and a family meeting are no guarantee that all your family’s issues will disappear. There are legal steps you may take to strengthen your estate planning documents and minimize conflict.

Another legal tool for enforcing a will is a no-contest clause. This is a provision in the will that says that any beneficiary who contests the will loses his or her inheritance. It is not an automatic guarantee. If a beneficiary has a valid, good faith challenge to the will, the court will hear them out. But a no-contest clause may prevent a disgruntled family member from moving forward just because he or she is unhappy.

Another approach is to distribute your estate through lifetime gifts before you die. This requires keeping an eye on equity if preventing family strife is the objective.

We can help you calculate how much you can give to family members while staying financially stable and within annual limits. Lifetime giving is also useful as a strategy to minimize or eliminate potential gift and estate tax liability.

Contact Our Experienced Estate Planning Attorneys Today

You can head-off family disputes over the disposition of your estate by establishing your plans while you are healthy and your reasoning cannot be legally questioned. Properly executed estate plans can ensure that your final wishes are carried out.

An estate planning lawyer at Brady Cobin Law Group, PLLC can analyze your situation, discuss your goals and offer smart estate planning and communication strategies to minimize family friction. We offer set fees for most estate planning matters and can be ready to assist your executor and/or family with estate administration when the time comes.

To schedule a consultation with a knowledgeable estate planning attorney at Brady Cobin Law Group in Raleigh or Wake Forest, NC, please contact us online or at (888) 324-3100 today.

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What Elder Law Will Look Like After COVID-19

Just as so many baby boomers and other Americans are entering the stage of life when they are want to reap the rewards of a lifetime of work, the COVID-19 coronavirus has disrupted everything. Those of us who assist seniors with elder law matters are seeing the changes from both sides as we adapt and work to help our clients avail themselves of our legal services and counsel.

Social Distancing and Its Effects on Elder Law Moving Forward

During recent months, everyone has learned a new phrase —“social distancing.” The Centers for Disease Control and Prevention (CDC) defines social distancing as “keeping space between yourself and other people outside of your home.” It also referred to as physical distancing.

Social distancing includes staying at least 6 feet (about two arms’ length) from other people, not gathering in groups and staying out of crowded places and avoiding mass gatherings.

Staying away from others to avoid the coronavirus is especially important for people who are at higher risk of getting very sick:

• People 65 years old and older
• People who live in a nursing home or long-term care facility
• People of any age with underlying medical conditions such as heart or lung conditions, particularly if not well controlled.

The most immediate impact social distancing requirements will have on elder law is how our meetings with clients will be conducted. Fortunately, technology makes video conferencing and meeting remotely a feasible alternative. Our attorneys are available to talk to you about legal matters by phone or video conference.

Until August, the remote execution of wills and other estate planning documents is available via video under Part IV of North Carolina’s omnibus pandemic aid legislation. When your signature is required, we also offer drive-through signing appointments.

We miss the one-on-one contact we have always had with our clients, but we recognize and support the need to adhere to safety protocols to prevent infection and to protect everyone.

How Technology Will Play a Larger Role in Elder Law After COVID 19

Technology is playing an increasing role in how we meet with clients and move forward with elder law planning during the coronavirus pandemic. In addition to telephone conversations, we stay in touch with clients through such free video conferencing services as:

• Zoom
• Skype
• Facetime
• GoToMeeting
• Gruveo.

We’ve found these apps to be more easily used than we expected, and that clients adapt to them quickly and easily, too.

An April 2020 survey by TheSeniorList.com found that Americans aged 60 and over are adopting new technology faster than younger people. Survey results showed that 28 percent of seniors had downloaded a new app in the previous two weeks, and 7 percent had tried out a new video conferencing tool. Seventy-seven percent had made a financial transaction or paid a bill online.

It was also good to see that many seniors were protecting their privacy by disabling cookies on browsers (25 percent), disabling geolocation data (20 percent) and having up-to-date anti-virus software installed (75 percent). Only a handful (7 percent) reported using the same password for all sites. Here are some tips for keeping track of multiple passwords.

Video conferencing technology not only allows us to meet with clients safely during the pandemic. It will enable us to meet more easily face-to-face with clients who live in remote locations, or who are in the hospital, a nursing home or another long-term care facility. We expect some clients will prefer the convenience of video conferences to visiting our offices or having visitors in their homes.

Video conferencing will allow us to make elder law services more widely available to the people who need it the most, even after the current public health crisis ends.

Long-Term Care Facilities and How They Will Change Due to COVID 19

Video conferencing stations may become a standard feature in long-term care facilities that are interested in residents’ comfort and safety. Video conferencing apps eliminate travel time, so some nursing home residents may hear from family members more often if they’re available.

We expect nursing homes to adhere to guidelines from the CDC and from the U.S. Centers for Medicare & Medicaid Services (CMS), which funds most nursing homes, for preparing for and responding to COVID-19 in long-term care facilities.

As you’ll recall, nursing home residents – elderly people often with debilitating medical conditions living in close proximity to each other – proved particularly vulnerable to the coronavirus.

A later CMS directive with temporary regulatory waivers and new rules to give long-term care facilities flexibility to deal with COVID-19 had many changes that could be kept in place moving forward. Chief among them may well be the final directive to “put Patients Over Paperwork” to provide temporary relief reporting and audit requirements so health care facilities, Medicare Advantage and Part D plans, and states can focus on providing needed care to Medicare and Medicaid beneficiaries.”

How a Brady Cobin Lawyer Can Help You Through This Changing Time

At Brady Cobin Law Group, we are taking the threat of COVID-19 very seriously and taking appropriate safety precautions while continue to serve clients. You still have access to us for all your elder law needs. Our lawyers are available to meet with you remotely to answer your legal questions and discuss the plans you should have in place as you age.

While many people are focused on the present, we are here to help you prepare for the long-term with planning to protect your assets and assurance that your stated wishes will be carried out. Contact us today to schedule a remote consultation with our experienced Raleigh elder law lawyers.

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Coronavirus Reminds Us of Importance of Estate Planning

It’s fair to say that we are living in a new age of uncertainty with the coronavirus pandemic. Concerns over the COVID-19 pandemic have “led to a skyrocketing demand for wills, even among those who aren’t senior citizens,” according to an ABC News report.

No one wants to be ill or face the prospect of a potentially fatal viral infection. But there are concrete steps you can take to relieve some of the uncertainty and exert more control over your future. You should have an estate plan in place to designate who will make decisions about your medical care, finances or, potentially, the distribution of your assets, if you become incapacitated or cannot make those decisions. No matter your age, you need a plan.

Proper estate planning covers more than just drafting a final will and testament. The Brady Cobin Law Group can prepare a plan to make sure that your wishes are carried out if you become incapacitated by coronavirus or some other condition. There are various legal instruments available to do this, the most efficient of which are powers of attorney for medical and financial decisions.

Brady Cobin Law Group is a small law firm in Raleigh, N.C., committed to helping families and individuals in the Raleigh and Cary area deal with the issues that arise when tackling estate and elder law issues and plan for an uncertain future. Having an estate plan set up means you and your loved ones have one less worry and more control if an unforeseen illness strikes. We can meet with you in Raleigh or Wake Forest or virtually for a free, no-obligation discussion of your needs.

Health Care Power of Attorney

A health care power of attorney is one of the first legal instruments that everyone should have, given the unpredictability of the COVID-19 pandemic.

A power of attorney is a document that assigns authority to another person to act as your surrogate and make decisions on your behalf. Typically, they are drafted in case you become incapacitated. They can also be set up for specific periods, such as while you are overseas for military service.

A health care power of attorney empowers someone to make medical and health care decisions on your behalf while you are incapacitated and unable to make or communicate your own decisions. It also provides authority to access your medical information to make decisions, known as a HIPAA waiver. Coronavirus is a respiratory disease that often requires intubation. Your ability to communicate may be extremely limited, so having a health care power of attorney is advisable.

You should grant a health care power of attorney to an individual who you trust to make decisions on your behalf about your medical care and life-support measures. You should discuss your wishes with that person and be sure that he or she is willing to serve as your health care power of attorney, if necessary.

Advance Medical Directive

An advance medical directive is a broader instrument that may include a health care power of attorney, a living will (a declaration of a desire for a natural death) and other end-of-life specifics. It is a witnessed legal document that provides written instructions about your health care wishes if you become incapacitated and are unable to speak for yourself. It can be drafted to specify whether you would want to be placed on a ventilator and any life-prolonging, extraordinary measures that you would not want doctors to perform.

An advance life care directive leaves no question as to your stated wishes, and no burden on anyone to decide for you.

Financial Power of Attorney

A financial power of attorney authorizes your agent to act on your behalf regarding financial issues, which may range from paying bills and dealing with insurance paperwork to trading stock or agreeing to the sale or purchase of a specific asset. The breadth or limitations on the agent’s authority and under what conditions authority is transferred are set forth by you in the power of attorney document.

The median length of hospitalization among survivors of the COVID-19 coronavirus has been 10 to 13 days, according to the Centers for Disease Control and Prevention. Other illnesses or traumatic injuries could leave you incapacitated for longer.

While a spouse would likely be authorized to deal with financial issues connected to joint accounts and jointly owned property, without a power of attorney he or she could face some restrictions and would certainly be barred from managing property that belongs only to you.

Last Will and Testament

Having a will in place is important for everyone, not just for the elderly or people who are battling a coronavirus infection

We especially advise people with minor age children to establish a will. A will allows you to ensure your children are taken care of financially in the event of your death. A will allows you to name guardians to care for your children, in the event you can’t. Without a will, the court could name guardians for your children and who determines how your assets are distributed.

As we’ve noted in a previous blog post, Americans have rushed to create wills online during the coronavirus pandemic, but an online will can be a costly mistake. A will created by completing a form online can easily contain contradictory or unclear information that leads to it being contested.

Living Trusts

A revocable living trust allows the trust’s “grantor” to name trustees with access to the trust’s assets, including the grantor and/or others. Its end-of-life value comes from the ability to name successor trustees, essentially an heir who takes control of the successor trust and its assets upon the grantor’s death. The transfer is automatic and avoids the time and expense of the court-supervised probate process that a will goes through.

Other types of trusts allow you to set aside and direct the distribution of money for loved ones who may be unable to handle finances on their own due to young age, disability or other reasons. Trusts are set up to make charitable gifts. Trusts can be designed for the belated transfer of funds under any situation or guidelines.

Estate Planning Puts an End to Uncertainty

Having an estate plan eases the burden on all involved in the event of an untimely incapacitation or death. There are multiple approaches, which allows our knowledgeable estate planning attorneys to tailor a plan to your specific needs and desires.

In this age of uncertainty, the Brady Cobin Law Group can relieve some of your anxiety by assisting you with specific documents or a full estate plan. We have more than 35 years of experience helping people across North Carolina make smart plans for the disposition of their estates, and we are here to help you today. Contact us now for a free initial consultation.

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Americans Rush to Make Online Wills Amid Coronavirus Pandemic

As the coronavirus spreads throughout the United States and projections indicate that tens of thousands of people will succumb to the deadly virus, various publications are reporting that Americans are rushing to create wills through online services.

While having a written will is advisable, making a will online can be a costly mistake.

The attraction of online wills typically is saving money and time. Online wills cost anywhere from $19.95 to $225, according to Bankrate. However, one-size-fits-all wills often fail to take into account important differences in probate law from state to state. A computer algorithm is no substitute for a knowledgeable probate lawyer.

A local lawyer who focuses on will and estate law will be sure your will adheres to state law and, more importantly, that it fully and accurately addresses your needs and wishes.

It is easy to make mistakes when drafting a will online with only an algorithm to advise you. The directions may be confusing. But whether it’s a human or programming error, an improperly drafted will and testament can be costly if it goes to probate and problems arise.

We strongly urge you to discuss a new or changed will with an experienced estate planning attorney wherever you reside. During the coronavirus pandemic, our estate planning lawyers at the Brady Cobin Law Group are following social distancing guidelines recommended by health officials. Our dedicated attorneys are available for remote consultations to answer your questions.

Contact us at (919) 782-3500 or fill out our online form to schedule your consultation and learn more about how we can meet with you and discuss your needs for a will.

Making A Will In The Time Of Coronavirus

A CNBC report dated March 25 said online will companies were claiming double- and triple-digit growth in business over the previous two weeks. Many of those seeking online wills are parents with minor children or people over 50 who are concerned about contracting the coronavirus.

“As online wills grow in popularity, a chorus of lawyers increasingly cautions against using them,” CNBC says. The article quotes three lawyers, including the founder of an online will company, who discuss the drawbacks of drafting a will online.

Among the primary issues they cite, and with which we concur, are:

• Each state has requirements for a will to be considered valid or to be admitted without extra judicial proceedings. North Carolina’s are very specific requirements. Get them wrong or leave them out and you will leave behind a costly problem for your heirs to sort out.
• Contradictory or unclear information as to how assets should be disbursed can lead to a will being contested. “If there was a lawyer, they would understand the nuances of how things need to be written, and the client can make sure that what they really want is being conveyed in the documents,” Sarah Wentz, a Philadelphia lawyer, said.

In an NPR interview about online wills in the age of coronavirus, Miami estate planning attorney Mildred Gomez cautioned that each state has its own execution requirements. “Some states require two witnesses and a notary, other states perhaps only one witness. Some states currently allow for online execution of these documents while other states don’t,” she said.

In fact, North Carolina law requires the testator (the person whose will it is) to sign the will and have two witnesses sign it for it to be valid. The testator must either sign in front of the witnesses or tell them that the signature on the will is theirs. Witnesses need to sign in front of the testator, but witnesses don’t need to sign at the same time.

If You Need A Will, We Can Help

An estate planning attorney from the Brady Cobin Law Firm can meet with you virtually to guide you through the process of creating a will or an estate plan. You can learn a lot from doing research online, but meeting with an attorney will give you an opportunity to ask questions, learn about North Carolina’s laws and craft a will that is valid and reflects your desires for providing for your family.

A properly drafted last will and testament allows you to precisely control what is done with your assets, who should be the legal guardian of your minor children and who will be designated administrator of your estate with responsibility for making sure your final wishes are followed.

You can have confidence in the validity of your will if you work with an attorney specializing in estate planning. An experienced estate planning lawyer understands the nuances of probate administration, the legal process that manages the assets and liabilities left behind by a recently deceased person.

Failing to understand issues that can arise in probate administration could mean unexpected consequences and expenses for your family after you’re gone.

You may think you are saving time and money by crafting a will online, but it’s your family and other loved ones who will find out whether your online will is valid. An in-office meeting (or for now a remote meeting) with an estate planning attorney will spare your family legal issues, fees and time spent in meetings during an already stressful time to come.

Don’t Put Off Preparing Your Will

The pandemic has many people thinking about the risk of contracting COVID-19 and trying to plan for an uncertain future. In good times or bad, if you have loved ones who depend on you, you should have a will and other estate planning documents set up to protect the people you care about in case the unforeseen should occur.

The Brady Cobin Law Group, PLLC, has more than 35 years of experience helping people across North Carolina make smart plans for final disposition of their estates. While we must temporarily reshape the way we do business to combat the COVID-19 coronavirus, we are still here to serve you.

Whether you need to write a will for the first time or want to modify an outdated will, our attorneys can help. Contact our law firm today to set up a remote consultation.

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Concerned About Coronavirus? You Don’t Need to Leave the House to Meet with Our Lawyers.

We all have a duty to keep ourselves, our families, our neighbors, and our communities safe right now. This means temporarily reshaping the way we live our lives to combat the novel coronavirus (COVID-19). At Brady Cobin Law Group, we are taking this duty seriously and are practicing the “social distancing” guidelines recommended by health officials. To ensure you still have access to us, our lawyers are available to meet with you remotely so we can answer your legal questions and discuss your case.

Across the nation, people are limiting in-person contact as much as possible to help slow the spread of the virus and allow our healthcare system to operate within its capacity. The U.S. Centers for Disease Control and Prevention continues to provide important guidance about what we all can do to protect ourselves and others from exposure. (Visit the CDC website for the most up-to-date information and recommendations.)

During this challenging time, our attorneys remain available to talk about your legal issues over the phone or via free video conferencing services such as:

• GoToMeeting
• Facetime
• Skype
• Zoom

If you are ready to speak with a lawyer now, please contact us to schedule your free consultation. Our team can meet with you remotely and get started on your case immediately without having to talk in person.

COVID 19 Prevention: Social Distancing

 Health officials are recommending “social distancing” measures to cut down on close contact. This will help minimize the spread of the Coronavirus (COVID-19). Please make sure you review the Centers for Disease Control and Prevention (CDC) for more information about other steps you can take to protect yourself and others from exposure to this virus.

General Info About (COVID-19) 

More and more information about the virus is coming out daily. Please stay up to date on information and symptoms by checking the CDC’s website.

This virus spreads easily and sustainably! You can get COVID-19 “by touching a surface or object that has the virus on it and then touching your mouth, nose, or eyes.” It is thought that you are most contagious when you are displaying symptoms, however you can be contagious before you even show symptoms.

Symptoms of Coronavirus

Here are some of the major symptoms of the virus:

• Respiratory Tract Infection – shortness of breath
• Fever/chills
• Cough
• Flu-like symptoms
• Fatigue
• Pressure in the Chest
• Headaches
• Muscle or Body Aches
• Sore Throat

Please note that carriers of the virus may not be displaying symptoms and that you are still at risk and may be carrying the virus and not know unless you are tested.

Contact Brady Cobin Law Group

If you were hurt in an accident and are seeking legal help, let the attorneys at Brady Cobin Law Group help you – in the comfort of your own home! If you would like to discuss your legal issues with any one of our attorneys, we can simply meet with you by phone.

Contact us now at (919) 694-6276 or fill out our online form to schedule your free consultation and learn more about how we can meet with you remotely to review your claim.

*This blog was written with the most up to date information and this information is subject to change as more information about the virus is released & found.

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