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Jack T. Carney

Jack T. Carney

Carney Law, LLC
  • Elder Law, Estate Planning, Probate
  • Alabama
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Biography

The focus of my law practice is helping people develop a thoughtful estate plan to better protect their loved ones in the event of death or disability. I want to use my knowledge and experience to help families avoid problems and disputes during normal life transitions. I also handle a variety of probate and trust matters, including estate administrations, guardianships and conservatorships.

General business planning is usually a part of estate planning for business owners. I often help clients get their business house in order during the estate planning process, ensuring that the proper documents are in place to ensure a smooth operation and eventual succession.

I have a particular passion for special needs planning, which is estate planning for the benefit of someone who is developmentally disabled or who may be receiving needs-based government assistance. Special needs planning can greatly enhance such an individual’s life. It is also necessary to be even more deliberate and thoughtful in a special needs plan, as we are providing for someone who will likely never be able to care for themselves.

Education
Tulane University School of Law
J.D
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Tulane University School of Law Logo
Professional Experience
Attorney
Sirote & Permutt, P.C.
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Certifications
Certified Elder Law Attorney (CELA)
National Elder Law Foundation
Awards
Pro Bono Service Certificate of Appreciation
Alabama Access to Justice Commission
In recognition of providing 50 or more hours of pro bono service to low income residents in Alabama
L. Burton Barnes, III Award for Public Service
Birmingham Bar Association
Professional Associations
Birmingham Bar Association
Member
- Current
Activities: Member of the Small Firm/Solo Section
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Jurisdictions Admitted to Practice
Alabama
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Fees
  • Free Consultation
    We are willing to provide a no-obligation consultation for estate planning services. We are unable to provide a fee quote until after we learn about a client's situation. If the client decides to engage us, the initial meeting is included in the total cost.
  • Credit Cards Accepted
Practice Areas
    Elder Law
    Estate Planning
    Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills
    Probate
    Probate Administration, Probate Litigation, Will Contests
Additional Practice Area
  • Special Needs Planning
Languages
  • English
Legal Answers
Q. Is there a way around Medicare’s five year look back policy?
A: I cannot give you a specific recommendation, as these types of elder law matters are highly fact specific. However, you might want to look into the caregiver child exemption. Normally you cannot transfer the home within 5 years of the application for Medicaid benefits or it will result in a transfer penalty. However, if a child resided in the home with the person needing care for two years AND that child provided care that kept the person out of a nursing home, Alabama Medicaid allows the home to pass to the child without penalty.

There are other exceptions to the transfer penalty rules. Another example is the disabled child exemption. If a child is "disabled," then the person needing care can transfer their home to that child without penalty.

Good luck to you and your family. These situations can be difficult.
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Q. My dad died in October. He had his property and assets in a trust for me and my 2 sisters. How do we resolve a disagree
A: The terms of the trust itself will address the division of the property and the Trustee is the individual or entity in charge of carrying out those wishes. Those facts will address how the situation may be resolved.

However, you may want to consider some form of alternative dispute resolution, like mediation. Courts exist to help people resolve disputes. However the court process can be costly and time consuming. Mediation is a process that helps individuals resolve disputes more effectively and you may even preserve your family relationship.

Good luck.
Q. Hello, my father was killed, He had a wife and 3 children. In this case, how is the estate usually divided?
A: I’m sorry for your loss. If your father had no Will, then the estate passes by the laws of intestacy. Those laws provide that one half of the estate passes to his spouse and the other half passes to his children.

The estate does not include assets that pass automatically, such as joint property and assets with a specific beneficiary. Finally, a spouse may be entitled to some additional benefits from an estate (called the exemptions).

Good luck and I wish you all well.
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Website
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Contact & Map
300 Office Park Drive
Suite 160
Birmingham, AL 35243
Telephone: (205) 802-0696
Fax: (205) 969-8182