Elder Law Report

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 strategies exist to secure your real estate holdings. The attorneys break down the power of Ladybird Deeds (enhanced life estate deeds), which allow you to maintain complete control of your property during your lifetime while designating exactly who receives it after your passing—all while potentially qualifying for benefits like Medicaid without surrendering your home.For those with property in multiple states or investment real estate portfolios, trust planning offers sophisticated protection against probate complications. A

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 properly drafted powers of attorney. As Jordan explains, "If there's a limitation on the gifting provision, it could hinder my ability to protect assets." Not all legal documents are created equal, and standard forms rarely contain the specific provisions needed for effective asset protection.For married couples facing nursing home placement, the McIntyres offer particular hope. Even without prior planning, strategies exist to implement the "community spouse resource allowance" and other legal

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 transfer. As they reveal, this approach can unexpectedly expose your accounts to creditor claims during probate—a risk many financial advisors never mention. They offer a smarter alternative: utilizing power of attorney relationships while maintaining beneficiary designations, providing management capabilities without the liability exposure.But the discussion goes deeper, addressing the elephant in the room that basic estate planning often ignores: long-term care needs. With 70% of Americans over 65 requiring som

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 passes according to your wishes.Jane Deere-Wester and Jordan explore four powerful protection strategies that work together like Russian nesting dolls to shield your assets. They discuss how properly structured trusts can discourage contests through specific provisions, while beneficiary designations offer a simple yet effective tool anyone can implement today without legal assistance. Jane shares a personal cautionary tale of discovering her ex-husband remained as a beneficiary on an account years after their d

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 Healthcare POAs for medical decisions, explaining how comprehensive documents serve as your shield when unexpected events occur.The conversation tackles one of the most common hesitations people face—the fear of losing control. Both attorneys provide practical insights into options like "springing" Powers of Attorney that only activate under specific circumstances, while emphasizing that selecting someone you truly trust is paramount. As John notes, "You have to trust the person that you're appo

The silent epidemic of elder abuse affects countless seniors, yet many families don't recognize the warning signs until significant harm has occurred. Attorneys Brendan Begley and Jordan McIntyre tackle this critical issue head-on, revealing how cognitive decline creates vulnerability and opens the door to exploitation.Financial exploitation stands out as the fastest-growing form of elder abuse, with seniors losing billions annually to scammers, unethical caregivers, and even family members. The attorneys explain the sobering reality that willingness doesn't equal consent when cognitive impairment is involved—seniors may sign over deeds or write checks without truly understanding the consequences or remembering previous transactions.What makes this issue particularly heartbreaking are the risk factors that compound vulnerability. Beyond cognitive decline, social isolation emerges as perhaps the most insidious threat, where seniors knowingly accept exploitation simply to maintain human connection. Th

What makes an asset truly valuable? At McIntyre Elder Law, we've discovered that the answer isn't always about dollars and cents. Sometimes, a seemingly ordinary item – like a four-foot metal chicken sculpture that barely fit in an attorney's SUV – becomes the pivotal element in resolving an estate dispute. Why? Because it connected our client to precious memories of her father sitting beside it on the porch.These unexpected treasures represent something beyond monetary worth. They embody our stories, our connections, and the unique legacy we hope to leave behind. While traditional assets like bank accounts, retirement funds, and real estate form the backbone of estate planning, we've learned that baseball gloves from high school, comic book collections, and even China sets can carry immeasurable personal significance.Pets represent another frequently overlooked but emotionally critical asset. For many clients across Western Carolina, ensuring proper care for their beloved animals is a top

In this engaging episode, we introduce John Miller III, the latest addition to our Hendersonville office. John's journey from growing up in Asheville to practicing law in North Carolina is filled with insights relevant to anyone interested in the legal profession. With a wealth of experience in real estate law, he brings valuable expertise to estate planning, underscoring the importance of protecting your assets and your loved ones. As a seasoned attorney, John has navigated thousands of real estate transactions, gaining a profound understanding of how property ownership works and its implications for estate plans. This episode dives deep into how John's background complements the needs of our community, particularly as it relates to serving the growing retiree population in Hendersonville and surrounding areas. Listeners will discover how building personal connections with clients has transformed John’s approach to law, moving beyond mere transactions to foster meaningful relationships. He emphasiz

In this episode, we tackle the complex and often heartbreaking issue of undue influence in estate planning. With insights from litigation Attorney Jane Dearwester and the compassionate host Jordan McIntyre, we shine a light on how vulnerable individuals are sometimes manipulated into altering their wills or trust documents for the personal gain of others. Through compelling case studies, we illustrate the concerning realities of family members or caregivers misusing their positions of trust to exploit the elderly.Listeners can expect to learn about the legalities surrounding undue influence and the evidentiary requirements involved in proving such cases in North Carolina. Dive into pivotal discussions about identifying signs of coercion, recognizing the motives behind manipulative behaviors, and understanding the protections the law offers to safeguard against these despicable acts. Ultimately, we underscore the importance of proper estate planning as a tool to prevent such scenarios, enabling individuals to

What if you could take the stress out of future healthcare decisions for yourself and your loved ones? Join us for a crucial conversation with attorney Jordan McIntyre and managing attorney Samantha Gordon from our Charlotte office, as we explore the essential steps to shield yourself from the potential impacts of dementia or Alzheimer's. We promise to equip you with the knowledge to establish vital documents like the General Durable Power of Attorney and the Healthcare Power of Attorney, ensuring that your loved ones can seamlessly make decisions on your behalf without the emotional turmoil of guardianship proceedings.Throughout this enlightening discussion, Samantha and I emphasize why it's important not to assume that marriage automatically grants authority in these matters. Learn how a financial power of attorney can empower your appointed agent to manage real property, bank accounts, and even long-term care arrangements. By setting up these documents while you still have the capacity, you can s

Can a marriage certificate truly safeguard your assets and protect your loved ones? Join us as we explore this provocative question with attorney Brendan Begley and Samantha Gordon from McIntyre Elder Law. In our special Valentine's Day episode, we promise to uncover the truth about marital rights and estate planning, debunking common misconceptions along the way. Brendan and Samantha share captivating real-life examples that highlight the essential role of wills and powers of attorney in ensuring seamless asset management and decision-making, particularly in cases of incapacity.Throughout our conversation, we shine a light on the potential pitfalls of neglecting an estate plan, including how North Carolina's intestate succession laws could lead to unintended asset distribution. Discover why even spouses need a power of attorney to handle individual accounts and manage shared property effectively. We emphasize the necessity of establishing foundational estate planning documents to avoid legal compli

Nursing home abuse is a harsh reality that we cannot ignore, and understanding the gravity of this issue is crucial. Join us, Brenton Begley and Greg McIntyre, as we share saddening tales of neglect that highlight the urgent need for accountability in nursing home facilities. From falls due to inadequate supervision to severe injuries from improper care, we explore the devastating impact these events have on families. Navigating the complexities of these cases, which often straddle the realms of personal injury and medical malpractice, requires seasoned litigators who can cut through the finger-pointing and fight for justice. Our experience in elder law not only equips us to advocate fiercely when harm occurs but also to safeguard family assets through thoughtful estate planning.We’re also announcing upcoming discussions on pressing nursing home litigation issues. Whether you're confronting these challenges yourself or supporting a loved one, our firm is here to help with a free consultation to explore t

Unlock the secrets to securing your loved ones' financial future with the expert insights of attorneys Greg McIntyre and Samantha Gordon. On this episode of the Elder Law Report, we navigate the world of special needs and supplemental needs trusts, crucial tools that help protect individuals with disabilities without risking their eligibility for government benefits. Samantha illuminates the distinctions between first-party and third-party trusts, and provides practical examples, such as when a first-party trust is essential after a significant financial settlement. This is a must-listen for anyone looking to fortify their estate planning strategy against unforeseen circumstances.Join us as we explore the intricacies of setting up these trusts, whether initiated by an individual, a family member, or through a legal process. Samantha guides us through the scenarios where these trusts become indispensable, such as ensuring benefits continuity for those who might inherit assets or receive settlements. We al

Unlock the secrets to creating an estate plan that truly reflects your life's aspirations and ensures your family's future with guidance from attorney Samantha Gordon of McIntyre Elder Law. Samantha takes us on a journey through the essentials of estate planning, likening it to setting New Year’s resolutions—both require setting clear goals and regularly reviewing them to adapt to life's changes. Whether you're a young adult just starting out, a parent planning for your children, or someone caring for elderly family members, Samantha provides insights into crafting a personalized estate plan that meets your unique needs and circumstances. Learn why starting early can be a game-changer and how regular updates to your plan can offer peace of mind in an ever-changing world.Samantha sheds light on the critical documents you need, such as powers of attorney, and discusses the often-overlooked aspect of estate planning for young adults heading to college. With her expert advice, you can take cha

Unlock the secrets to seamless end-of-year planning with Greg and Jordan McIntyre, a dynamic father-son duo of estate planning and elder law attorneys. Discover how this special season can be a catalyst for transformation, both personally and professionally. Greg shares his insight on using this reflective time to sift through the year's highs and lows, while Jordan emphasizes the power of renewal and the human capacity for reinvention. Together, they offer a unique perspective on how estate planning can play a pivotal role in ensuring peace of mind for you and your loved ones. Join us as we navigate the intricate dance of setting ambitious goals and refining systems to better serve our clients. From expanding litigation capabilities to streamlining operations across their practice, Greg and Jordan reveal their aspirations for the firm's future. More than just a discussion on estate planning, this episode is a heartfelt conversation about growth, connection, and the pursuit of excellence. Whether yo

Thinking about estate planning during the holiday season might seem unconventional, but it's a discussion that holds immense significance. Join attorneys Jordan McIntyre and Samantha Gordon as they navigate through the complexities of estate planning and why it's crucial to address these matters sooner rather than later. Discover how clear communication about your wishes for asset distribution can spare your family from future turmoil. Whether you're considering a power of attorney or planning for business succession, this episode offers invaluable insights to guide you through these delicate conversations during one of the most family-oriented times of the year.Tune in to learn how to transform estate planning into a meaningful New Year's resolution that promises peace of mind. Jordan and Samantha illuminate the importance of having these conversations with your loved ones, ensuring that they are aware of roles like executor or trustee, and why knowing these responsibilities ahead of time

Unlock the secrets to ensuring your legacy isn't left to chance with our holiday-inspired guide to estate planning! Elder law attorneys Greg McIntyre and Brenton Begley bring you the "Estate Planning Naughty and Nice List," revealing essential strategies to safeguard your assets and avoid legal pitfalls. Learn why simply having a spouse doesn't automatically grant decision-making powers over your financial and healthcare matters, and discover the proactive steps needed to keep your estate out of probate and secure for future generations.Our episode sheds light on the power of taking a thorough inventory of your personal relationships and financial assets as the cornerstone of a robust estate plan. From utilizing Lady Bird deeds to creating Medicaid asset protection trusts, we explore how these tools can shield your wealth from unforeseen claims. Britton and I debunk common misconceptions and stress the importance of appointing powers of attorney, ensuring trusted individuals can step in wh

Unlock the secrets to protecting your assets and ensuring long-term care in North Carolina with our latest episode of the Elder Law Report. Ever wondered how look-back periods impact your ability to secure essential benefits for assisted living and nursing home care? We uncover the complexities behind these look-back periods and their effect on asset transfers and eligibility, offering you valuable insights on strategic planning. From special assistance programs to long-term care Medicaid, we discuss how understanding these nuances can be the key to safeguarding your future. Planning is more than just a necessity; it’s a way to secure peace of mind for you and your loved ones. We emphasize the importance of proactive estate planning, providing strategies to protect your home and retirement savings against the financial strain of long-term care. Discover tools like ladybird deeds and Veterans Aid and Attendance Pension Benefits that can help you navigate this complex landscape. I, as your host and an experienc