Elder Law Report

Imagine sorting a loved one’s papers and finding ten different wills—each telling a slightly different story about who gets what. That’s how family peace turns into a courtroom drama. We pull back the curtain on why outdated wills and mismatched beneficiary forms can derail even the most well‑meaning plans and how a few practical moves can keep your wishes clear, enforceable, and drama‑free.We break down the big three drivers of conflict—changes in law, changes in family, and changes in assets—and show how to keep everything aligned. Jane Dearwester joins Greg McIntyre to explain when a simple codicil is enough, when it’s smarter to draft a new will and revoke all prior versions, and why physically destroying old documents prevents “ghost wills” from resurfacing. We get specific about formalities too: two witnesses, proper execution, and a self‑proving affidavit so your family isn’t hunting down witnesses years later. From there, we dig into the pitfalls of DIY and handwritten add‑ons that courts routinely re

What if the scariest part of probate isn’t the paperwork—but the creditors waiting to drain an estate dry? We pull back the curtain on practical, legal tools that keep wealth intact, from the first filing to the final distribution. Jane and Haley explain how to start the clock with a proper notice to creditors, why a thorough inventory creates leverage and clarity, and how a clean estate bank account shields you from commingling risks and messy accounting. If you’ve ever wondered how claims actually get processed—or challenged—this conversation gives you the step-by-step playbook.We dive into the fine print of creditor strategy: spotting invalid or mistaken claims, using North Carolina procedures to object, and negotiating unsecured debts for less when quick payment makes sense. You’ll hear where the line gets drawn with secured debts like mortgages and car loans, and why keeping those payments current is non-negotiable if you want to avoid foreclosure or repossession during estate administration. We also sha

Most people assume a caring family and a good doctor’s note will steer a loved one through a crisis. The hard truth in North Carolina: only a judge can declare incompetence, the evidence bar is high, and family conflict can put strangers in charge of the most personal decisions. We unpack the four biggest guardianship nightmares—thin medical proof, missing powers of attorney, contested petitions, and defaulting to third-party guardians—and show how to navigate each one with strategy, clarity, and compassion.We start with the legal spine of guardianship: the petition, the “clear, cogent, and convincing” standard, and why medical records and recent physician affidavits carry outsized weight. From there, we explain court-ordered multidisciplinary evaluations, the Guardian ad Litem’s independent role, and how to build a credible record when access to files is limited. Then we turn to prevention. Solid general durable and healthcare powers of attorney do more than name agents; they can eliminate the need for guard

Protecting your loved ones from the devastating financial impact of long-term care costs is one of the most powerful gifts you can give them. In this eye-opening episode, attorneys Greg McIntyre and Haley Matson reveal crucial strategies to shield your home, retirement savings, and other assets if nursing home care becomes necessary in your future.The conversation begins with a fundamental truth many families face: you've worked hard for your home, built a retirement fund over decades, and want to ensure these assets remain intact for your spouse and children. Without proper planning, the staggering costs of long-term care can rapidly deplete everything you've built. Thankfully, there are legal solutions available when you work with knowledgeable professionals.Matson walks listeners through several powerful protection strategies, with special attention to the Lady Bird deed - a remarkable legal tool available in North Carolina that allows homeowners to maintain 100% ownership during their lifetime w

What would you do if you knew there was a 70% chance a meteor would hit your home? You'd move, right? According to the Department of Health and Human Services, that's the same probability seniors face for needing long-term care—yet most aren't prepared for the financial impact.Nursing homes in North Carolina now cost between $8,000-$13,000 monthly, amounting to a staggering $100,000-$150,000 annually. Without proper planning, these expenses can quickly deplete a lifetime of savings and even force the sale of your family home. But there's good news: with advance planning, you can protect what you've worked so hard to build while ensuring you receive the care you need.Attorneys Greg McIntyre and Haley Matson outline powerful asset protection strategies including irrevocable trusts that shield investments and savings from being counted for benefits purposes. They explain how LadyBird Deeds allow you to maintain control of your home during your lifetime while protecting it from Medicaid r

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 prudent administration. They highlight the specific legal frameworks governing these responsibilities, pointing to Chapters 32C and 36 of North Carolina law where these duties are formally outlined. For anyone serving as a trustee, understanding these legal requirements isn't optional—it's essential to protect both the beneficiaries and yourself.The conversation takes a practical turn when the attorneys identify the most common pitfalls they've observed in their practice. They emphasize the dangers

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 powerful strategies to preserve assets. The duo emphasizes that marriage alone doesn't grant financial authority over a spouse's assets—a dangerous assumption many couples make. They detail why a comprehensive general durable power of attorney with specific gifting provisions serves as the essential "linchpin" for any protection plan.The attorneys explain two game-changing tools most people never hear about: Lady Bird deeds and Medicaid Asset Protection Trusts. Lady Bird deeds offer immediate home protect

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 first—like healthcare directives and asset distribution plans—allows everything else to flow more easily. When we face these difficult conversations head-on, we experience reduced anxiety, improved health, and the comfort of knowing our affairs are properly arranged.Greg acknowledges that family dynamics sometimes make direct conversations about inheritance, healthcare decisions, and financial matters problematic. That's where professional guidance creates a crucial "safe space" for expressi

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 areas with higher property values – this could create unexpected barriers to receiving necessary care. Fortunately, several protective measures remain available, including convertible trusts, irrevocable Medicaid asset protection trusts, and traditional life estate deeds, but timing is critical. These strategies must be implemented outside the five-year look-back period to be effective.The legislation also introduces more frequent eligibility redeterminations (now semi-annual rather than annual) and reduces the

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, transitioning from a seller's market to a buyer's market in just one year. Jason expertly breaks down the factors driving this change, including the phenomenon of "rate hostages"—homeowners with exceptionally low mortgage rates who feel trapped in properties that no longer suit their needs. For seniors considering downsizing or families managing estates, understanding these market dynamics is crucial to making informed decisions.Perhaps most valuable is the discussion of North Carolina's

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