Elder Law Report

Ever wonder how you can protect your elderly loved ones from the ever-growing threat of financial scams? Join us on the Elder Law Report as Brenton Begley and Samantha Gordon pull back the curtain on these pressing issues, revealing actionable strategies to safeguard seniors' finances. This episode promises to arm you with knowledge on the essential tool of a general durable power of attorney, empowering a trusted individual to manage finances and, more importantly, act as a protective barrier against potential scams. We'll also shed light on selecting the right agent and the dual role they play in both safeguarding and actively intervening when necessary.We'll also dive into the dark world of common scams that specifically target seniors, including those on social media and through unscrupulous financial exploitation. Practical advice on monitoring and protecting your loved ones is just the beginning. This episode also covers broader aspects of estate planning and elder law, ensuring every lis

What steps can you take today to protect yourself and your family from the devastating effects of Alzheimer's and dementia? Join estate planning and elder law attorneys Greg McIntyre and Britton Begley as they tackle the rise of these conditions and offer actionable legal strategies to safeguard your future. With a focus on the importance of proactive planning, Greg and Britton emphasize the necessity of having a general durable power of attorney to prevent undue influence and exploitation. By appointing a trusted person to manage your affairs, you can ensure that your assets are protected, and your desires are respected even if you lose decision-making capacity.This episode dives into the critical role of a well-crafted estate plan in managing Alzheimer's care. Greg and Britton explore how trusts can be valuable tools for shielding assets from probate, Medicaid estate recovery, and creditors. They also share methods to protect your spouse and ensure long-term care needs are met without draining fam

Celebrate Pride Month with us on the Elder Law Report as we promise to equip you with vital estate planning insights tailored for LGBTQ+ individuals and families. Joined by attorneys Samantha Gordon and Jane Dearwester, along with our Marketing Director and Diversity Officer, Morgan Woody, we tackle the unique challenges of non-traditional family structures. Discover the importance of selecting the right agents, incorporating chosen family, and potentially distancing from unsupportive relatives. Hear Morgan's compelling story about starting her estate plan at just 24, overcoming hurdles like disinheritance, and ensuring her partner is recognized as a beneficiary. This episode is packed with essential information, from understanding intestate succession to the crucial role of agents in healthcare decisions, especially for trans individuals.Our discussion doesn't stop at legal intricacies. We highlight the critical need for community outreach and support for LGBTQ+ individuals, emphasizing a safe and

Are you prepared to ensure your family's financial future, no matter what the structure? Join us in a vital conversation with Jane Dearwester from McIntyre Elder Law, where we challenge the myth that estate planning is only for the wealthy or traditionally structured families. Jane underscores the universal necessity of comprehensive planning tools—like powers of attorney, wills, and trusts—to manage your assets and healthcare decisions effectively, safeguarding your loved ones from unexpected financial burdens.Discover the critical importance of having a general durable power of attorney and healthcare power of attorney before incapacity strikes. Jane shares real-life stories that highlight the risks of not having these documents in place, such as the misconception that a spouse can automatically make decisions in North Carolina. We explore innovative solutions like the e-docs portal, which provides instant, secure access to your essential documents, and emphasize the significance of a living will and l

Ever wondered who should manage your estate when you're no longer able to? Join us, Jane Dearwester and Jordan Bentley from McIntyre Elder Law, as we demystify the process of selecting trustworthy agents, executors, and trustees for your estate plan. We tackle the questions we frequently encounter in our consultations and seminars, providing you with essential guidelines to make informed decisions. From the importance of trust and reliability to the necessity of open communication, we cover it all with real-life examples and practical advice.We emphasize the crucial conversations you need to have with your potential agents to ensure they are willing and prepared to take on these responsibilities. Neglecting these discussions can lead to unforeseen complications, such as guardianship proceedings where you lose control over who handles your estate. Tune in for our valuable tips on matching roles to the skills of your family members, and learn how to avoid common pitfalls. Don't miss this chance to sec

Are you prepared for life's curveballs? That's exactly what we, attorneys Samantha Gordon and Jordan Bentley from McIntyre Elder Law, explore in an episode that promises to arm you with the knowledge to safeguard your decision-making powers during unforeseen circumstances. We delve into the importance of having powers of attorney in place as you or your loved ones approach significant life transitions, such as leaving for college or tying the knot. With our legal expertise, you'll learn how to preemptively secure your interests and ensure your voice is heard, even if you can't speak for yourself.Our conversation takes a deep dive into the often-misunderstood realm of legal rights within familial and marital relationships. Whether it's a parent’s role in the life of their newly-minted adult child or the assumption that spouses automatically have decision-making power over each other’s affairs, we debunk common myths and provide actionable insights. By tuning in, you'll find out ho

Are you prepared to protect your business's future no matter what life throws your way? Let Brenton Begley and Jane Dearwester guide you through the essentials of succession planning with wisdom and clarity. Together, we unlock the strategies to ensure your business thrives, addressing the need for robust corporate documents and the lifesaver that a durable power of attorney can be. Discover how to select an agent who can navigate your business with precision in your absence and understand the dire consequences of non-compliance with FINCEN's new requirements. This episode isn't just about planning; it's about fortifying your legacy against the unexpected.Navigating the pitfalls of probate without a plan can be a business owner's worst nightmare. Don't let that be you. We dissect the advantages of early succession planning, from establishing an LLC to the wisdom of placing your business in a trust. Learn why meticulous documentation and adherence to corporate formalities aren&apo

Ever wondered how to navigate the often-overlooked complexities of mental health in estate planning? Well, worry no more. Your hosts, Greg McIntyre and co-host Attorney Samantha Gordon ("Sam"), delve into the heart of this matter, breaking down the crucial differences between healthcare powers of attorney and mental healthcare directives. You'll come away with a profound understanding of how to ensure your estate plan meticulously covers both physical and mental health components, and how this can be shaped to reflect your personal health care preferences, be they holistic or conventional. Especially poignant for those with aging relatives or loved ones with special needs, this episode sheds light on the delicate balance between providing financial support and preserving eligibility for government benefits through the strategic use of special or supplemental needs trusts.In our discussion, we underscore the significance of astute estate planning in protecting not just your future but that of yo

Could your home be vulnerable to Medicaid recovery after you're gone? Join me, Greg McIntyre of McIntyre Elder Law, as I reveal the crucial measures necessary to shield your most valuable asset from being claimed to repay Medicaid expenses. In this eye-opening episode, we dissect the complexities of Medicaid estate recovery and highlight strategies like the Lady Bird Deed—an ingenious solution available in North Carolina that allows homeowners to retain control of their property while securing its direct transfer to heirs, bypassing Medicaid's grasp entirely. Prepare to be enlightened on how to navigate the treacherous waters of asset protection during life's later stages, and the pitfalls to avoid during the critical five-year look-back period.Embarking on this journey, we unravel the often-misunderstood realm of Medicaid eligibility and the dire consequences of improper estate transfers. With the right legal guidance, you can confidently plan for the future, ensuring that your home remains a

Unlock the synergy of diverse legal expertise as attorneys Jordan Bentley and Jane Dearwester join our McIntyre Elder Law team, bringing a unique blend of knowledge to the table. Prepare to be enlightened by Jordan's family law finesse and Jane's real estate acumen, as they reveal how these skills fortify our elder law services. In this episode, you'll discover just how our newest additions leverage their litigation experience to navigate the nuanced landscape of estate planning, asset protection, and property deeds with a deft hand.Engage with a conversation that's as educational as it is riveting; Jane, heading our litigation division, demystifies the complex interplay between real estate law and elder care, while Jordan sheds light on the surprising ways family law informs estate matters. Together, they examine real-world scenarios—from will contests to marital interests in asset transfer—providing a panoramic view of the challenges our clients face and the innovative strategies we empl

Ever found yourself pondering the fairness of a will? Wonder no more, as Jane Dearwester, a fierce litigation attorney, joins me, Greg McIntyre, to unravel the complexities of elective share in estate planning. Imagine the shock of being left out of your spouse's will, or receiving a mere dollar—this discussion is all about how NC General Statute 30-3.1 swings open the doors for a surviving spouse to claim a piece of the pie, regardless of what the will says. We're peeling back the layers on an often misunderstood part of estate law, discussing how the length of a marriage can influence the cut you're entitled to, with a full half up for grabs for those in it for the long haul. And for a little extra spice, we're distinguishing the elective share from something called the spousal allowance—because who wouldn't want the first dibs on $60,000 of personal property?Pull up a chair and join the conversation that's part heart, part humor, and entirely essential for safeguarding your to

Navigating the treacherous waters of property transfer and long-term care planning can be daunting, but fear not—Jordan Bentley and I, Brenton Begley, are here to steer you clear of the pitfalls. Prepare to uncover the truth behind the common belief that simply gifting your family home to your children is the best legacy move. Throughout our discussion, we reveal how such a straightforward gesture can actually strip you of control and expose your cherished home to your child's unforeseen life events, such as divorce or financial strife. Moreover, we delve into the lesser-known consequences that could affect your eligibility for Medicaid and VA benefits, and offer potent alternatives like life estate deeds and ladybird deeds that keep you firmly in the driver's seat of your estate.This episode also shatters the illusions of invulnerability that many have when it comes to probate and creditor claims. With insights from real-world scenarios, we illuminate the irrevocable nature of certain property tran

Unlock the secrets to securing your financial future even when long-term care is on the horizon. In our latest chat, I, Greg McIntyre, join forces with the astute attorney Samantha Gordon from our Charlotte office to navigate the confusing waters of Medicaid Asset Protection Trusts and Medicaid Crisis Planning. We peel back the layers of these complex legal strategies, revealing how you can shield your assets and ensure your loved ones receive the care they need without draining your bank account. Samantha brings a wealth of knowledge, making this conversation a treasure trove of insights for anyone facing the intimidating prospect of long-term care.This episode is not just a talk; it's a deep dive into actionable solutions, tailored for those who haven't had the foresight to plan ahead as well as for planners who want to stay one step ahead of the game. We explore the nuances of repositioning assets to meet Medicaid eligibility requirements with the urgency that crisis demands. Our benefits departm

Embark on a journey to secure your future as my colleague, Samantha Gordon, and I dissect the often-overlooked perils of guardianship and champion the empowering capabilities of powers of attorney. With Samantha's deep well of experience in guardianship cases, we peel back the layers of court interventions that could entangle your personal and financial autonomy. Discover how to steer clear of the possibility of an imposed guardian and the intricate web of restrictions that come with court supervision. This episode is an essential masterclass for those who prioritize maintaining control over their life decisions, even in the face of incapacity.Navigating the unpredictable tides of life requires a trusted helmsman, and we emphasize the vital role that powers of attorney play in ensuring your vessel remains on course. Samantha and I illuminate the flexible nature of these legal instruments, crafting a compelling case for their use in safeguarding your future, particularly within the context of elder law. W

Discover the strategies to protect your family's future and maintain harmony through expert estate planning with me, Greg McIntyre, and my esteemed colleague, Jordan Bentley. Together, we navigate the complexities of securing your legacy and resolving familial disputes with finesse. Our engaging conversation brings Jordan's extensive family law expertise to the forefront, sharing invaluable insights for anyone looking to safeguard their assets from potential marital splits and ensuring their wishes are honored.In a world where money can stir up unexpected conflicts, we lay out an "instruction manual" for heirs, guiding asset distribution and fostering responsible stewardship. From crafting legally sound estate plans to tackling trust disputes and will caveats, we cover all bases. As litigation specialists, we're well-versed in confronting issues like insurance beneficiary fraud with determination. Tune in to equip yourself with the knowledge to not only preserve your estate but also f

Embark on a journey through the nuances of estate planning, especially tailored for women, with your hosts Samantha Gordon and Jane Dearwester from McIntyre Elder Law. This month, as we honor the achievements and strides made by women throughout history, we delve into the critical importance of taking control of one's financial and healthcare decisions. Our conversation cuts through the complexity of powers of attorney and underscores the essential nature of estate planning for individuals at every stage of life, from the young adult just starting out to those in the prime of their duty as caretakers for both children and parents. We share empowering stories and insights on why securing your family's future is an act of self-care, and how women can support each other in these efforts, further solidifying our roles as financial stewards.We understand that initiating a dialogue around aging and future planning can be daunting, which is why we tackle the tough conversations head-on. In our episode, we

Have you ever considered how life's pivotal moments could alter your carefully laid plans? Join me, Greg McIntyre, and the astute attorney Samantha Gordon as we navigate the complexities of updating your estate plan following life's inevitable changes, such as births, deaths, and divorces. Together, we dissect how each of these events can significantly reshape your intentions for your legacy, stressing the critical nature of ensuring your documents reflect your current circumstances.In this thought-provoking conversation, we delve into the roles of executors and trustees, scrutinize the nuances of per stirpes versus per capita asset distribution, and underscore the importance of guardianship provisions for minor children. Samantha provides invaluable insights into the intricacies of beneficiary designations post-divorce, and we both emphasize the unpredictability of life's journey as a compelling reason to periodically review your legal affairs. If you're seeking clarity on maintaining an

Unlock the secrets to safeguarding your financial future with the expert guidance of Greg McIntyre from McIntyre Elder Law. This episode is a deep dive into the world of revocable and irrevocable trusts, where Greg, with the help of his trusty coffee cup analogy, explains how a revocable living trust offers you control and flexibility over your assets. Whether you're looking to understand the ease of asset management or the nuances of trust succession, this discussion leaves no stone unturned. But it's not all about control; we also unveil the limitations when it comes to asset protection, especially in the realm of long-term care benefit planning.The conversation takes a compelling turn as Greg's son, Tucker, steps in to role-play as a trustee, bringing the theoretical to life. They explore the sturdier, more impenetrable structure of an irrevocable trust, particularly the Medicaid Asset Protection Trust. Discover how this type of trust can protect your estate from long-term care costs without

From the sunny shores of Punta Gorda, Florida, we're thrilled to announce the newest attorney to join the McIntyre Elder Law team, Attorney Jordan Bentley. This episode, Attorney Samantha Gordan sits down with Jordan to share his heartfelt journey and professional evolution. Jordan opens up about navigating family law with compassion and how he seamlessly ties his experience into his new role in estate planning and elder law. His story is not just about legal strategies; it's a story of dedication, human connection, and the shared mission that aligns him with the values of McIntyre Elder Law. Join us for an insightful discussion that promises to leave you inspired and informed about the profound impact of thoughtful legal preparation.

Join me, Greg McIntyre, attorney Samantha Gordon, and her new puppy Winchester, as we tackle the heartwarming task of setting up a Pet Trust. It's more than just a legal safeguard—it's a pledge to ensure your pet thrives even in your absence. Together, we unravel the process of appointing a caregiver, earmarking funds, and detailing care instructions, so your pets maintain the lifestyle they adore. This is your chance to discover how to make your pet's well-being an intrinsic part of your estate plan, with wisdom sprinkled in from our own beloved pets and professional insights.Ever wonder if pets know they're a fundamental part of the family? Samantha, a devoted pet parent, blends her personal experiences with expert knowledge to emphasize just how vital these companions are to our lives. As elder law attorneys, we're passionate about integrating your furry family members' needs seamlessly into your estate plans. And there's a bonus: meet Winchester, the four-legged legal he