Elder Law Report

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

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