Elder Law Report

Can you afford to let the state decide who gets your assets? Discover the often-overlooked complexities of probating without a will in our latest episode of the Elder Law Report. Esteemed attorneys Samantha Gordon and Jane Dearwester unravel the intricate world of probate and estate planning, broadcasting directly from our Charlotte and Hendersonville offices. Learn why having an estate plan is not just a recommendation but a necessity, particularly for those with minor beneficiaries or multiple properties. Understand how intestate succession, where the law decides your estate's fate, can lead to unexpected and sometimes unfavorable outcomes, leaving your loved ones tangled in a lengthy and costly court process.Join us as we dispel common misconceptions about inheritance, particularly the false belief that a surviving spouse automatically receives everything. Jane shares her insights on the harsh realities faced by many who've fallen into this trap, explaining the emotional and financial burdens tha

Unlock the secrets of effective estate planning at the critical crossroads of adoption and elder law. Join us as we engage with Jane Dearwester from our Hendersonville office to unravel the complexities that could impact your family's future. Discover why legal adoption is crucial for ensuring adopted children are acknowledged as rightful heirs and navigate the challenging terrain of establishing paternity in North Carolina, especially for children born outside of marriage. We also dive into the specific needs of LGBTQ families, emphasizing the protective power of adoption decrees for non-biological parents.Whether you're part of a traditional family setup or have a diverse family structure, this episode is a must-listen for anyone wanting to secure their legacy and provide peace of mind for their loved ones. Learn practical steps to include all intended beneficiaries in your estate plan and avoid potential legal hurdles. Don't leave your family's future to chance—reach out for a consultat

Newly minted attorney Jordan McIntyre takes us on a whirlwind journey through his first two weeks in the legal world, sharing both the exhilaration and the hurdles of transitioning from law school to practice. With lawsuits to draft and the pressure of meeting billable hours, Jordan opens up about the steep learning curve of being a young lawyer. Hear firsthand about the memorable experience of handling his first court case and how shadowing seasoned attorneys provides invaluable insights. His father, Greg McIntyre, also plays a pivotal role, offering guidance as they navigate the unique dynamics of working together in the same firm.Greg and Jordan share a candid conversation about balancing family ties with professional growth, where fatherly advice meets legal mentorship. They explore the importance of preparation, staying organized, and learning from every new experience in a field that's as challenging as it is rewarding. Despite an unexpected hospital visit, Jordan's resilience shines through a

Unlock the secrets of navigating North Carolina's spousal allowance with me, attorney Samantha Gordon from McIntyre Elder Law. Have you ever wondered how you can avoid the tangled web of probate to ensure a smoother transfer of assets after a spouse's passing? This episode of the Elder Law Report offers invaluable insights into how the spousal allowance enables surviving spouses to inherit up to $60,000 in tangible personal property without the need for probate. From cars and furniture to precious artwork, we discuss how these assets can be efficiently transferred, sparing you from the cumbersome legal proceedings and creditor claims.In a landscape where timely and efficient asset transfer is crucial, understanding the intricacies of a spousal allowance becomes paramount. Join us as we explore potential scenarios, offering practical advice and underscoring the importance of planning ahead to protect your loved ones. We also address how a free consultation can pave the way for avoiding probate, ensur

Unlock the secrets to a fair and just probate process with insights from Greg McIntyre of McIntyre Elder Law. When it comes to heir representation, understanding the dynamics and potential pitfalls is crucial. Greg dives into the nitty-gritty of probate litigation, exploring the executor's role and the challenges heirs might encounter. From muddled will interpretations to biased executors, he underscores the necessity of clear communication and precise will drafting to avert disputes. This episode promises to equip you with the knowledge to navigate probate intricacies and secure your rightful inheritance.Greg, a seasoned estate planning and elder law attorney, emphasizes the importance of legal representation for heirs. He shares how expert guidance can help ensure assets are distributed as intended and heirs are treated equitably. The discussion offers valuable tips for those facing the complexities of probate court, highlighting the expertise available at McIntyre Elder Law. With a mission to protect

Curious about the future of estate planning? Join us as Greg McIntyre and Jane Dearwester from McIntyre Elder Law guide us through the monumental shift from traditional paper documents to secure electronic documents. Discover how their innovative e-docs access system ensures the validity and security of crucial documents like wills and powers of attorney. From the nostalgic charm of handwritten letters to the modern efficiency of e-signature services like DocuSign and Dotloop, learn how technology is revolutionizing the legal landscape, enhancing the interaction between legal professionals and clients.In another compelling segment, we discuss the practical advantages of organizing estate planning documents in a meticulously structured binder. We'll delve into the benefits of having clear instructions, a comprehensive list of assets, and securely stored passwords. The episode also introduces the eDocs access system, providing bank-level encrypted security for digital estate documents, enabling secure shar

What if leaving an inheritance to your underage children could harm them more than help? Join Greg McIntyre and Jordan Bentley on this week's Elder Law Report as we tackle the complicated and often misunderstood topic of underage beneficiaries. We'll discuss why directly leaving money or property to minors can lead to inaccessible funds and poor financial decisions, potentially turning a well-meaning gift into a detrimental burden. Tune in to explore smarter strategies for securing your child's or grandchild's future. We dive deep into the benefits of trusts, where discretionary language can control how and when funds are distributed. Learn how structuring these distributions over time can support educational goals and major life milestones without overwhelming young beneficiaries. This episode is packed with actionable insights to ensure your legacy contributes to a prosperous future for your loved ones. Don't miss this critical conversation!

How prepared are you for the unexpected challenges that Alzheimer's disease can bring? Join us on this special episode as we shine a light on World Alzheimer's Awareness Day and tackle the profound impact this devastating illness has on individuals, families, and caregivers. We guarantee you'll walk away with a deeper understanding of the critical importance of estate planning and the foundational documents you need, such as a general durable power of attorney and healthcare power of attorney.At McIntyre Elder Law, we take pride in guiding families through the complexities of planning for the future. Listen in as we share valuable insights and practical advice on securing your financial, legal, and healthcare decisions during these difficult times. Discover how you can take advantage of a free consultation by calling 1-888-999-6600 or scheduling online at mcelderlaw.com. Don't miss this vital conversation about safeguarding your family's well-being and ensuring peace of mind for your

Avoid the probate nightmare and protect your assets! Discover how you can shield your heirs from the costly and time-consuming probate process in this riveting episode of the Elder Law Report. Attorneys Brendan Begley and Jordan Bentley reveal why probate can be a breeding ground for creditor claims and disputes, dragging out asset distribution for years. Learn how to anticipate and mitigate will challenges, ensuring a smoother transition for your loved ones.We break down effective strategies to bypass probate, from property ownership nuances to alternative asset management methods. Whether it's naming beneficiaries, employing ladybird deeds, or setting up trusts, we cover all the bases to help you maintain control over your assets. Understand the implications of life events like divorce or bankruptcy on property recipients and how Medicaid look-back periods can affect long-term care benefits. Equip yourself with the knowledge to make informed decisions and preserve your legacy. For personalized advice,

Can proper estate planning really save your home from financial ruin? Join us in this eye-opening episode as we sit down with the remarkable realtor Alisha Askew to explore the often-overlooked connection between real estate and estate planning. Through her invaluable insights, Alisha demystifies common misconceptions about the current real estate market, notably clarifying the misunderstood interest rates and the critical importance of being well-informed. She passionately underscores how homeownership isn't just a financial milestone but a legacy-building investment for your family.Listen closely as Alisha shares compelling real-life stories that highlight the dire consequences of inadequate estate planning. From a client losing his home over a mere $10,000 in unpaid property taxes to another who couldn't adapt to unexpected life changes, Alisha's experiences reveal the essential need for proper documentation and planning. Learn how her collaboration with McIntyre Elder Law provides clients w

Navigating probate without a will can be a legal nightmare. What if you discovered that your surviving spouse might not inherit everything? Join us on the Elder Law Report with McIntyre Elder Law as attorneys Samantha Gordon and Jane Dearwester uncover the harsh realities of intestate succession. You'll learn how this complex legal framework can impact your family, especially if you have minor children, multiple properties, or assets requiring streamlined distribution. Jane explains the legislative intricacies in Raleigh that can lead to unexpected complications for surviving spouses and family members.During this episode, we break down the misconceptions around intestate succession and the extensive legal hurdles it creates. Samantha and Jane discuss the emotional and financial toll on families who must endure this lengthy, expensive process while already dealing with the loss of a loved one. We highlight why it's crucial to have a well-thought-out estate plan and avoid probate whenever possible. G

Can Medicaid really take back the assets you thought were protected after a loved one passes away? Discover the crucial answers in our latest episode featuring Attorney Brenton Begley and associate Samantha Gordon of McIntyre Elder Law. We explore the intricacies of Medicaid asset recovery, focusing on how Medicaid can place a lien on a probate estate to recover costs. Learn about the Community Spouse Resource Allowance and how it plays a role in asset protection, and understand the steps you need to take to safeguard your inheritance from Medicaid claws.Our discussion delves into the probate process in North Carolina, highlighting how creditors, including Medicaid, can seize assets from an estate. Samantha explains the legal mechanisms behind this, shedding light on how real estate and other probate assets can be affected. But it’s not all bad news; Brenton and Samantha share proactive estate planning strategies that can help your family protect its financial future. Tune in for indispensable advice that cou

Can sudden illness or injury devastate your financial stability? Discover essential strategies to protect your hard-earned assets from the exorbitant costs of long-term care in our deep dive into Medicaid crisis planning. We break down the myths surrounding Medicaid asset limits and discuss how legal guidance can ensure your wealth, including real estate and investments, remains safe. Learn how to strategically plan to qualify for Medicaid benefits while securing financial stability for yourself and your spouse during tough times.In our exploration of tax and long-term care planning, we highlight the importance of preemptive measures to safeguard your wealth. Understand the benefits of retroactive tax planning and how you can potentially reclaim some of the taxes you've paid over the years. This episode isn't just about preserving your assets; it's about ensuring a secure future for your loved ones. Tune in for invaluable insights and guidance on estate planning focused on taxation and long-ter

Are your estate planning documents up to date? Join Jane Deere-Wester from McIntyre Elder Law and her colleague Jordan Bentley as they uncover the essentials of maintaining and updating your estate plan. Through their engaging discussion, they highlight the importance of revisiting your documents regularly to reflect significant life changes such as marriages, divorces, births, property transactions, and changes in health. Get ready to learn how an annual review can ensure your estate plan remains relevant, and understand the flexibility you have to amend your estate plan at any time. This episode promises practical advice on how to keep your estate planning documents current and effective.Discover the nuances of updating your will or trust, including when to opt for a codicil versus drafting a new will entirely. Jane and Jordan provide clear steps on executing these changes properly to avoid legal pitfalls down the road. They also delve into the practical aspects of revising trustees or beneficiaries and man

How can you ensure that your child or grandchild with special needs remains financially secure without disrupting their SSI and Medicaid benefits? Discover the intricacies of inheritance planning for heirs with disabilities in our latest Elder Law Report. We promise you'll walk away with actionable strategies, including the creation of special needs trusts during your lifetime, the setup of supplemental needs trusts within wills, and the incorporation of sub-trusts in existing trusts. These tools are crucial for maintaining the financial stability and care of your loved ones with special needs.This episode offers a comprehensive guide to protect your special needs family members’ future, highlighted by real-life examples from families we work with. Understand why a special needs trust is a game-changer, how a testamentary trust can effectively manage inheritance, and the practicality of sub-trusts. Our detailed breakdown of each strategy will arm you with the knowledge to make confident, informed decisio

Ever wondered how to secure your family business for future generations while avoiding headaches like lengthy probate processes? Join us for an enlightening conversation with Britton Begley, where we reveal essential strategies to ensure a smooth transition of business ownership across generations. You’ll learn how to harness the power of LLCs and trusts to protect your assets and maintain control over business operations and income distribution. We share practical examples, like the innovative "Russian nesting doll strategy," to help you effectively organize and safeguard your business interests, even in long-term care scenarios.In this episode, we also delve into the intricacies of business succession planning. Discover how trusts can provide financial security for children who may not wish to run the business or have special needs, ensuring they receive income streams without losing government benefits. Learn about appointing trustees, selling the business for liquid assets, and using incentives

Unlock the secrets to safeguarding your legacy and ensuring your peace of mind with our special guest, attorney Greg McIntyre, founder of McIntyre Elder Law. Ever wondered how to protect your assets and secure long-term care without the stress of last-minute rushes? Greg lays out the cornerstones of estate planning, from the indispensable general durable power of attorney to the crucial healthcare power of attorney, living will, and last will and testament. By tuning in, you'll gain invaluable insights into why planning ahead is not just beneficial but essential for your financial and personal well-being.Greg dives into real-life scenarios and expert advice, showing how these foundational documents can help you avoid guardianships and court oversight, manage healthcare decisions, and more. Imagine having the peace of mind knowing that your affairs are in trustworthy hands even if you become incapacitated. This episode serves as your comprehensive guide to navigating the often overwhelming world of estate

Can DIY estate planning really safeguard your legacy? Tune in as Jane Deerwester and I, Jordan Bentley, tackle this critical question on the Elder Law Report. In our latest episode, we promise to equip you with the knowledge to avoid the common pitfalls of DIY estate planning. Comparing the process to the complexities of DIY home improvement, we underscore the value of seasoned estate planning attorneys who can navigate the intricate legal landscape for you. Through our shared personal experiences, we illustrate how professional guidance can ensure your documents are both comprehensive and legally sound.Discover the hidden risks of using DIY services like Google or LegalZoom, which could lead to costly litigation or unintended outcomes. We'll explore the vital role of professional estate planning to avoid the chaos and confusion that can arise from improper planning. Jane and I will walk you through the necessity of a personalized and professionally crafted estate plan that adapts to life's changes,

Ever wondered what to do with outdated estate planning documents that might cause confusion in the future? Join us on the Elder Law Report as attorney Samantha Gordon and special guest attorney Jordan Bentley tackle this crucial issue head-on. You'll walk away with expert advice on how to properly dispose of old wills and powers of attorney, ensuring that only your current wishes are honored. Whether you've relocated, seen significant life changes, or are simply updating your estate plan, this episode has the actionable insights you need to keep your affairs in order.We take a comprehensive look at the importance of revoking recorded powers of attorney and distributing the most up-to-date documents to your family and executors. Plus, we discuss the benefits and management of electronic document storage. From dramatic bonfires to secure bank-level vault portals, Samantha and Jordan cover all the best practices for handling old and new estate planning documents. Don’t miss this essential guide to avoi

Think a will is your ticket to avoiding probate? Think again. Join Greg McIntyre and Jordan Bentley from McIntyre Elder Law as they dismantle some of the most widespread myths in estate planning. From the erroneous belief that a will sidesteps probate to the misconception that a spouse will inherently inherit everything, Greg and Jordan break down the often misunderstood realities of probate and asset transition. They delve into why relying solely on a will can lead to delays, complications, and even family disputes. Learn why a comprehensive approach that includes trusts and other planning tools is crucial for a smooth and efficient transfer of your assets.Curious about trusts but think they're overly complicated? Greg and Jordan debunk that myth, explaining the simplicity and benefits of convertible trusts. These unique trusts can begin as revocable, allowing you to maintain control over your assets, and convert to irrevocable for additional protection when needed. They discuss how trusts can streamlin