Yes, the state could still make a claim. Every state’s rules are a bit different, so whether your 1 percent interest will provide protection depends on state practices. You will need to consult with a North Carolina elder law attorney for a definite answer. Also, if you are low income, you may be eligible for a hardship waiver. A local elder law attorney can advise you on this as well.
Harry S. Margolis practices elder law, estate, and special needs planning in Boston and Wellesley, Massachusetts. He is the founder of ElderLawAnswers.com and answers consumer questions about estate planning issues here and at AskHarry.info.