Elder Law Report

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

Discover how to navigate the tricky waters of updating your estate planning documents when life takes you across state lines. Join me, Greg McIntyre, and the astute Attorney Jane Dearwester, as we dissect the complexities that come with interstate moves and the impact on your estate plans. We strip down the legal jargon to offer you a clear understanding of how varying state laws can affect trusts, real estate, and the essential documents that safeguard your legacy. Whether you're facing the practical challenges of dealing with local institutions or the daunting potential legal battles, this episode is your compass to ensure that your estate is managed without a hitch in your new home state. Wrapping up the episode, feel the anticipation bubble as we share our excitement for tomorrow's engagement in Hendersonville. Reminiscent of old friends catching up, we bid our listeners adieu with a heartfelt thanks and an invitation to join us in the continuation of building strong professional relationships.

Ever find yourself tangled in the web of property ownership disputes? Greg McIntyre of McIntyre Elderdoll is our guiding light in the murky waters of quiet title actions. This episode is an eye-opener into the world of real estate law, where Greg unravels the complexities of 'cloud on title' issues, and uncovers the reasons why someone might need a court's help to affirm their property rights. It's a treasure trove of knowledge for property owners, potential buyers, or anyone with a zest for understanding the legal details of property disputes.Listen closely as Greg illustrates common problems leading to quiet title actions, including deeds signed under duress or with questionable legality. We're talking real-life scenarios that could happen to anyone—a mix-up in property descriptions or a deed signed without the proper mental capacity. This conversation is not just about the dry aspects of law; it's about protecting what's yours and ensuring that your property rights are cr

When the validity of a will comes into question, emotions and stakes run high - it's a scenario that could affect any one of us. Our premiere litigation series episode unpacks the concept of will caveats, diving into the roles of the 'caveator', who raises the challenge, and the 'propounder', who must defend the will's honor. We navigate the murky waters of undue influence and capacity issues that often trigger these disputes, providing you with the insight needed to understand what's at stake when a family legacy is on the line.As we traverse real-life anecdotes and the potential outcomes of caveat actions, our discussion illuminates the complexities families face when a will is contested. Whether it leads to a previous will taking precedence or an entirely different succession plan, the implications are profound. With our seasoned experience in representing both caveators and propounders, this episode offers an expert's perspective on the intricacies of will challenge

Discover the crucial insights attorney Samantha Gordon and I, host Greg McIntyre, unearth as we delve into why estate planning isn't just a necessity—it's a power move for women, particularly as they approach their late 50s. With a focus on the unique challenges and roles women face, from outliving spouses to spearheading family care, we lay out the pressing reasons for women to take charge of their financial futures. Samantha shares real-life stories from her practice, highlighting the chaos that can ensue without a solid plan, and together, we champion the need for both partners to be actively involved in these critical conversations.Get ready to raise your glasses and your estate planning IQ with a sneak peek at our innovative Sip and Plan seminar, designed specifically for women who want to blend relaxation with the vital task of securing their legacies. In this gathering of minds, we toast to proactive steps and informed decisions, ensuring women are empowered and equipped with the knowledge to

What if one document could prevent your assets from freezing, provide another person the power to manage your financial affairs, or negate the need for a court-initiated guardianship in the event of incapacity? Brace yourselves as we dissect the fundamental aspects of estate planning, focusing on the General Durable Power of Attorney, a crucial document that holds the power to do just that! We'll also guide you through the importance of including a HIPAA authorization in a Healthcare Power of Attorney, and the necessity of appointing an agent for mental health care. With these in place, you can be assured that not only your wishes will be carried out, but your rights will also be protected.Did you know that a will doesn't automatically avoid the probate process? Join us as we debunk this common myth, and delve into the differences between a living will and a last will. Learn how including religious concerns in a living will can substantiate your testament. As we traverse through the realm of estate

Ever wondered how a legal challenge to the validity of a will unfolds? Wesley White of McIntyre Elder Law is here to unravel the intricacies of will caveats and shine a light on the often-misunderstood process. We journey into the fascinating world of will validation, exploring common grounds for a challenge like the testator's lack of capacity or undue influence during the signing. Wesley speaks to the heart of these issues, providing important lessons for anyone grappling with estate planning or an impending will caveat.Our discussion takes a riveting turn as we delve into real-life scenarios that might lead to a caveat. Imagine a situation where an elderly individual under the influence of a manipulative caretaker signs off their property. Or what if a will was forged, bearing signatures that the deceased never signed? Wesley breaks these down in plain language, giving you a whole new perspective on the significance of last wills and testaments. Get ready for an episode that’s not only informative but