Elder Law Report

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 for minor children, individuals with disabled family members, business owners safeguarding their enterprises, and property owners with real estate in multiple states all benefit significantly from trust planning.We explore how trusts offer superior asset protection compared to traditional wills, helping shield your hard-earned resources from creditors and providing controlled distribution to beneficiaries. For those concerned about potential long-term care needs, specialized trusts can help preserve assets while qualifying

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.Protecting the Home and Tailored Planning: Jordan McIntyre suggested a "lady bird" deed as a simple and powerful way to protect a home. Greg McIntyre added that a trust could also protect the home and other financial assets, stressing that each family's situation, assets, and needs are unique, requiring an individualized plan. They mentioned that foundational documents like a general durable power of attorney, healthcare power of attorney, living will, and last will and testament are mandatory to avoid future compl

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 unprepared. For those who remain competent during a crisis, emergency powers of attorney can be established for both financial and healthcare decisions. When capacity is lost, family members must navigate the more complex process of guardianship—a route that becomes necessary when no advance directives exist.We share real-world experiences with clients who wisely planned before adventure travel, those racing against time after receiving difficult health news, and families forced to pursue emergency guardianships for vulnerab

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 Jordan McIntyre explains that the key lies in probate avoidance - because creditors, including Medicaid, can only claim assets that pass through probate after death.Among the most powerful tools in this planning arsenal is the ladybird deed, which allows homeowners to maintain full control of their property during their lifetime while ensuring it passes directly to beneficiaries upon death, bypassing probate entirely. For financial accounts, options include trusts for ongoing management or direct beneficiary desig

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 know her and just sitting down and having a consultation." This personable approach puts clients at ease while attorneys gather the essential information needed to create effective estate plans.During your consultation, expect questions about who you trust in your life, what assets you own, and your wishes for distribution. Don't worry about having all the answers prepared—the attorneys guide you through the process conversationally. If you have previous estate planning documents, bringing them along helps

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 (currently $19,000 per person annually) provides a "free pass" for Medicaid eligibility. As the attorneys clarify, these systems operate under completely different rules, and conflating them can lead to benefit denials precisely when you need care most. They break down the dreaded "look-back period" - that window of time where every financial gift or property transfer comes under scrutiny and potentially triggers penalties that delay essential benefits.Beyond just identifying pitfalls, McIntyre and Begle

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 categories of probate hearings you might encounter, from competing qualification disputes (who gets to serve as executor?) to heir determination hearings (who's legally entitled to inherit?). They explore petitions for possession and sale of real property, motions to remove executors who mishandle estate funds, and the fascinating 28A examinations that can compel disclosure from those hiding estate assets.The conversation takes particularly interesting turns when discussing lost will hearings—especially relevant in Wes

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 an estate plan, you're ensuring your children have designated guardians, your assets go to the right beneficiaries, and your loved ones aren't forced to make impossible decisions about your care during emotionally difficult times. Without these protections, the state makes these critical decisions for you, following rigid laws that rarely align with personal wishes.The consequences of not planning can be devastating. When someone dies without proper documents in place, everything goes

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 responsibility. Jane and Haley walk listeners through the practical first steps every executor must take, from locating the original "wet ink" will to formally applying for appointment through the court. Even with a perfectly drafted will, the probate process requires court supervision and specific legal procedures.Things get particularly interesting when the attorneys dive into the complications that frequently arise. Will contests from disgruntled heirs, allegations of undue influence, qu

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 explains that North Carolina law offers specific remedies when agents fail to uphold their fiduciary responsibilities. The first approach involves petitioning the court for an accounting—essentially forcing the agent to present comprehensive documentation of all their actions taken on behalf of the principal. This transparency mechanism allows a judge to review the agent's conduct and, if necessary, immediately remove them from their position to prevent further damage.For cases where the misconduct is discovered later

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