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Elder Law Report

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Taking on the role of trustee means stepping into a position of significant responsibility that comes with legal obligations many people don't fully understand. This enlightening discussion between attorneys Haley Matson and Jordan McIntyre breaks down the critical aspects of being a trustee and managing someone else's assets as a fiduciary. The attorneys clearly explain that accepting a trustee position means you're legally bound to a set of duties including loyalty, impartiality, and prude...
Facing the possibility that you or your spouse might need nursing home care is daunting enough without the added stress of potential financial ruin. The stark reality—nursing homes cost between $10,000 and $15,000 monthly—means even substantial estates can be rapidly depleted, leaving a healthy spouse vulnerable. In this deeply informative conversation, Elder Law attorney Greg McIntyre and his colleague Jane Dearwester demolish common misconceptions about spousal protection while revealing p...
We all avoid the uncomfortable conversations, but what if facing them actually brought peace of mind? Attorney Greg McIntyre tackles one of life's most difficult topics—end-of-life planning—with compassion, wisdom, and practical guidance. Drawing from his two decades of experience in estate planning and elder law, Greg shares why these sensitive discussions shouldn't be postponed. He applies the powerful "Eat the Frog First" principle, suggesting that addressing our most challenging tasks fi...
The landscape of long-term care benefits in North Carolina is shifting dramatically with the implementation of the "One Big Beautiful Bill." This legislation introduces several key changes that could significantly impact how you or your loved ones access crucial healthcare services when they're needed most. Most notably, the bill establishes a flat home equity cap of $1 million for Medicaid eligibility. For homeowners who have built substantial equity over decades – particularly in urban are...
When it comes to navigating real estate decisions, particularly for older adults or those managing inherited properties, professional guidance isn't just helpful—it's essential. This enlightening conversation between Jane Dearwester of McIntyre Elder Law and Jason Brodsky of Owners Only Real Estate reveals why DIY approaches to property valuation and sales often lead to significant financial and emotional costs. The Western North Carolina real estate landscape has undergone a dramatic shift,...
What exactly is a trust, and do you really need one? Attorneys Haley Matson and Jane Dearwester tackle these questions head-on in our latest episode, breaking down complex legal concepts into practical, actionable information. Think of a trust as a private container for your assets with specific instructions attached. Unlike the common misconception that trusts are exclusively for the wealthy, they serve numerous practical purposes for everyday people. Single parents protecting inheritances ...
Early Conversations and Legal Documents for Aging Parents: Jordan McIntyre emphasized the importance of discussing aging and estate planning early to ensure legal documents are in place. These crucial documents include powers of attorney and a will, which help manage assets outside of probate. Greg McIntyre highlighted the dangers of not having these documents, such as losing capacity and needing to go through guardianship proceedings to manage financial, legal, or healthcare matters. Protect...
What happens when disaster strikes without warning? A vacation accident, a sudden health diagnosis, or an unexpected incapacitation can leave you and your loved ones vulnerable if you haven't prepared properly. Throughout this eye-opening conversation, we explore the critical importance of crisis planning and what options exist when emergencies occur. While we stress that pre-planning is always the best approach, we also walk through realistic scenarios and solutions for those caught u...
Securing your family's financial future while accessing necessary long-term care is possible with the right legal strategy. This conversation between attorneys Greg and Jordan McIntyre reveals how their firm helps clients navigate this critical balance. The cornerstone of this discussion focuses on a two-pronged approach: qualifying for Medicaid benefits to cover assisted living or nursing home expenses while simultaneously protecting assets from Medicaid's estate recovery process. Attorney ...
Wondering what really happens during an estate planning consultation? Attorneys Greg and Jordan McIntyre pull back the curtain on this often-misunderstood process, revealing a surprisingly relaxed experience that's more like a friendly kitchen table conversation than a formal legal meeting. Far from being a high-pressure situation, estate planning consultations are designed to be comfortable and informative. As Greg shares, "The best part of my day was meeting with this client, getting to kn...
Money gifted with good intentions can lead to devastating financial consequences when long-term care becomes necessary. This eye-opening discussion between Elder Law attorneys Greg McIntyre and Brenton Begley tackles one of the most misunderstood areas of senior planning: how well-meaning asset transfers can backfire when seeking Medicaid and special assistance benefits. The conversation cuts through common misconceptions, particularly the damaging belief that the federal gift tax exemption ...
Probate hearings rarely make for casual conversation, but they're a critical part of estate administration that can become surprisingly contentious. Join Jane Dearwester and Haley Matson from McIntyre Elder Law as they pull back the curtain on these often-misunderstood legal proceedings in North Carolina. Most people assume probate is just paperwork and forms, but contested estates can involve numerous hearings before the clerk of court. Jane and Haley expertly break down the different categ...
Forget everything you thought you knew about estate planning. That nagging belief that it's only for the wealthy with beach houses and trust funds? It's completely wrong. As attorneys Jordan McIntyre and Haley Matson explain, everyone has an estate worth protecting, whether you're retired on a fixed income or just starting your family journey. What most people don't realize is that estate planning isn't primarily about protecting your stuff—it's about protecting your people. When you create ...
What exactly happens when someone names you as the executor of their will? Far more than most people realize. In this enlightening discussion, attorneys Jane Dearwester and Haley Matson of McIntyre Elder Law pull back the curtain on the executor's role during their "Probate Boot Camp." The conversation begins with a crucial concept many new executors don't fully grasp: the fiduciary duty. This legal standard means you're handling someone else's money with the highest level of care and respon...
Power of attorney abuse represents one of the most devastating breaches of trust that can occur within families and relationships. When someone appointed to handle financial and legal affairs betrays that confidence, the consequences can be financially devastating and emotionally traumatic. Attorney Greg McIntyre tackles this crucial topic head-on, providing a clear roadmap for addressing situations where an agent under a power of attorney acts against the principal's best interests. He expl...
Your home represents years of memories, hard work, and financial investment—but does your estate plan adequately protect this precious asset? In this illuminating conversation, estate planning attorneys Jane Dearwester and Jordan McIntyre share their expertise on safeguarding your real property for future generations. Drawing from her 15 years of real estate litigation experience, Jane explains why protecting property assets ranks among clients' top concerns. The good news? Multiple strategi...
What happens when a loved one suddenly needs nursing home care and you've done absolutely no prior planning? The financial devastation can be overwhelming, but according to elder law attorneys Greg and Jordan McIntyre, all hope is not lost. This father-son legal team walks through the stark reality of crisis planning for long-term care. They contrast the difficult path of guardianship proceedings—which require court oversight, hearings, and months of legal work—with the protection offered by...
What happens to your bank accounts when you die? It's a deceptively complex question that goes far beyond the surface-level solution of "just add a beneficiary." In this eye-opening conversation, attorneys Greg and Jordan McIntyre unpack the hidden dangers lurking in common estate planning strategies that could leave your hard-earned assets vulnerable. The father-son legal team dismantles the popular misconception that joint ownership with rights of survivorship provides foolproof asset tran...
Have you ever worried about what would happen to your hard-earned assets if you faced a lawsuit or creditor claims? The truth might surprise you. Attorney Jordan McIntyre begins with a reality check that makes many clients uncomfortable: there's no such thing as a litigation-proof life or estate plan. However, that doesn't mean you're powerless. Through strategic planning, you can create multiple layers of protection that significantly reduce your risk exposure while ensuring your wealth pas...
What happens when you can't make decisions for yourself? Who handles your finances or communicates with your doctors? The answer might surprise you—especially if you haven't prepared the right legal documents. Attorneys Brenton Begley and John Miller dive deep into the world of Powers of Attorney (POAs), revealing why these documents are critical for everyone, regardless of age or health status. They expertly break down the differences between General Durable POAs for financial matters and H...
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