Elder Law Report

Greg McIntyre, J.D., M.B.A.

Keeping seniors and their families informed and up to date on estate planning, elder law and other matters. We help seniors navigate the legal maze of aging in America. read less
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Episodes

Estate Planning with a Focus on Mental Health Protection
May 1 2024
Estate Planning with a Focus on Mental Health Protection
Ever wondered how to navigate the often-overlooked complexities of mental health in estate planning? Well, worry no more. Your hosts, Greg McIntyre and co-host Attorney Samantha Gordon ("Sam"), delve into the heart of this matter, breaking down the crucial differences between healthcare powers of attorney and mental healthcare directives. You'll come away with a profound understanding of how to ensure your estate plan meticulously covers both physical and mental health components, and how this can be shaped to reflect your personal health care preferences, be they holistic or conventional. Especially poignant for those with aging relatives or loved ones with special needs, this episode sheds light on the delicate balance between providing financial support and preserving eligibility for government benefits through the strategic use of special or supplemental needs trusts.In our discussion, we underscore the significance of astute estate planning in protecting not just your future but that of your children and grandchildren from the snarls of guardianship and probate. If you're seeking guidance on crafting an estate plan that stands as a bulwark for mental health care, our episode extends beyond mere legal advice. We offer a compassionate invitation for a free consultation to tailor your estate planning to your unique circumstances, ensuring that you and your family can face the future with confidence and tranquility. Join us, and equip yourself with the knowledge and resources to craft an estate plan that truly caters to the full spectrum of healthcare needs.
Preserving Your Home from Medicaid Recovery: Strategies for Asset Protection
Apr 24 2024
Preserving Your Home from Medicaid Recovery: Strategies for Asset Protection
Could your home be vulnerable to Medicaid recovery after you're gone? Join me, Greg McIntyre of McIntyre Elder Law, as I reveal the crucial measures necessary to shield your most valuable asset from being claimed to repay Medicaid expenses. In this eye-opening episode, we dissect the complexities of Medicaid estate recovery and highlight strategies like the Lady Bird Deed—an ingenious solution available in North Carolina that allows homeowners to retain control of their property while securing its direct transfer to heirs, bypassing Medicaid's grasp entirely. Prepare to be enlightened on how to navigate the treacherous waters of asset protection during life's later stages, and the pitfalls to avoid during the critical five-year look-back period.Embarking on this journey, we unravel the often-misunderstood realm of Medicaid eligibility and the dire consequences of improper estate transfers. With the right legal guidance, you can confidently plan for the future, ensuring that your home remains a legacy for your loved ones rather than a reimbursement for long-term care costs. Throughout the episode, we delve into the nuanced approaches of trust planning and other deed options that fortify your estate against claims, while maintaining your qualification for vital Medicaid benefits. Tune in for an empowering session on safeguarding your hard-earned assets, complemented by an open invitation to connect for a personalized discussion on securing your retirement sanctuary.
Understanding Elective Share: Rights and Fairness in Estates
Apr 10 2024
Understanding Elective Share: Rights and Fairness in Estates
Ever found yourself pondering the fairness of a will? Wonder no more, as Jane Dearwester, a fierce litigation attorney, joins me, Greg McIntyre, to unravel the complexities of elective share in estate planning. Imagine the shock of being left out of your spouse's will, or receiving a mere dollar—this discussion is all about how NC General Statute 30-3.1 swings open the doors for a surviving spouse to claim a piece of the pie, regardless of what the will says. We're peeling back the layers on an often misunderstood part of estate law, discussing how the length of a marriage can influence the cut you're entitled to, with a full half up for grabs for those in it for the long haul. And for a little extra spice, we're distinguishing the elective share from something called the spousal allowance—because who wouldn't want the first dibs on $60,000 of personal property?Pull up a chair and join the conversation that's part heart, part humor, and entirely essential for safeguarding your tomorrow. Jane's anecdotes and my own take on the emotional rollercoaster of estate planning will not only enlighten but also entertain. It's a candid look at why a well-thought-out estate plan isn't just about the end—it's about fairness and protection when life throws its curveballs. So, for those curious about their rights, or eager to secure their legacy with a sprinkle of levity, this is the episode you won't want to miss. Grab a notepad, and let's ensure your estate planning is as airtight as the stories we share.
Complexities of Property Transfer and Estate Planning: Life Estate and Lady Bird Deeds
Apr 3 2024
Complexities of Property Transfer and Estate Planning: Life Estate and Lady Bird Deeds
Navigating the treacherous waters of property transfer and long-term care planning can be daunting, but fear not—Jordan Bentley and I, Brenton Begley, are here to steer you clear of the pitfalls. Prepare to uncover the truth behind the common belief that simply gifting your family home to your children is the best legacy move. Throughout our discussion, we reveal how such a straightforward gesture can actually strip you of control and expose your cherished home to your child's unforeseen life events, such as divorce or financial strife. Moreover, we delve into the lesser-known consequences that could affect your eligibility for Medicaid and VA benefits, and offer potent alternatives like life estate deeds and ladybird deeds that keep you firmly in the driver's seat of your estate.This episode also shatters the illusions of invulnerability that many have when it comes to probate and creditor claims. With insights from real-world scenarios, we illuminate the irrevocable nature of certain property transfers and how they can become ensnared in the complexities of marriage and end-of-life debt. I highlight the Lady Bird deed—a savvy tool unique to North Carolina residents—that promises control over your property until your final days, without the dread of probate lurking in the shadows. For those who want to keep their assets within reach and out of the court's hands, we talk about the strategic use of trusts, keeping your legacy intact for generations to come. Join us as we equip you with the knowledge to fortify your future, and remember, if you need guidance on these critical matters, we're just a call or click away.
Navigating Medicaid Asset Protection and Crisis Planning for Long-Term Care
Mar 27 2024
Navigating Medicaid Asset Protection and Crisis Planning for Long-Term Care
Unlock the secrets to securing your financial future even when long-term care is on the horizon. In our latest chat, I, Greg McIntyre, join forces with the astute attorney Samantha Gordon from our Charlotte office to navigate the confusing waters of Medicaid Asset Protection Trusts and Medicaid Crisis Planning. We peel back the layers of these complex legal strategies, revealing how you can shield your assets and ensure your loved ones receive the care they need without draining your bank account. Samantha brings a wealth of knowledge, making this conversation a treasure trove of insights for anyone facing the intimidating prospect of long-term care.This episode is not just a talk; it's a deep dive into actionable solutions, tailored for those who haven't had the foresight to plan ahead as well as for planners who want to stay one step ahead of the game. We explore the nuances of repositioning assets to meet Medicaid eligibility requirements with the urgency that crisis demands. Our benefits department's expertise in crafting Medicaid-compliant strategies comes to light, offering a beacon of hope in what can often be a stressful time for families. From understanding the intricacies of ladybird deeds to utilizing annuities and real property investments, we leave no stone unturned. Join us as we provide a guide through the labyrinth of Medicaid and asset protection, arming you with the knowledge to make empowered decisions for your future.
Navigating Estate Planning for Women at Every Life Stage
Mar 6 2024
Navigating Estate Planning for Women at Every Life Stage
Embark on a journey through the nuances of estate planning, especially tailored for women, with your hosts Samantha Gordon and Jane Dearwester from McIntyre Elder Law. This month, as we honor the achievements and strides made by women throughout history, we delve into the critical importance of taking control of one's financial and healthcare decisions. Our conversation cuts through the complexity of powers of attorney and underscores the essential nature of estate planning for individuals at every stage of life, from the young adult just starting out to those in the prime of their duty as caretakers for both children and parents. We share empowering stories and insights on why securing your family's future is an act of self-care, and how women can support each other in these efforts, further solidifying our roles as financial stewards.We understand that initiating a dialogue around aging and future planning can be daunting, which is why we tackle the tough conversations head-on. In our episode, we explore the sometimes-overwhelming responsibilities that fall upon the 'sandwich generation,' amplifying the urgency to act sooner rather than later. From the care of beloved pets to the intricacies of life insurance and the navigation of business succession, we encompass all facets of estate planning. Furthermore, we signal upcoming events and resources specifically designed to address women's estate planning needs. This is more than just a call to action; it's an invitation to safeguard your legacy and an affirmation of the vital role women play in family affairs and beyond.