Elder Law Report

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

  1. 8 jul

    Slayer Statutes, Trusts, And The Legal Gap That Matters

    A single estate planning detail can decide whether a family tragedy becomes a legal loophole. We start with a disturbing real-world style scenario that forces an uncomfortable question: if someone intentionally causes another person’s death, can they still collect money that was meant for them, especially when those assets are held in a trust? We break down the difference between probate and trusts in plain English. Slayer statutes are designed to stop a person from benefiting from wrongdoing, but those rules often apply most clearly to the probate estate, the assets that pass through a will or through intestate succession when there is no will. Many families use revocable living trusts specifically to avoid probate, speed up administration, and keep matters private. That probate avoidance is helpful, but it can also create uncertainty if your documents don’t address extreme “bad beneficiary” situations head-on. Then we get practical. We explain how an estate planning or elder law attorney can draft a trust provision that blocks a beneficiary from recovery if they cause serious injury or death to the trustmaker, and how the trust can redirect those funds to other beneficiaries, the beneficiary’s children, or charity. We also talk through why trusts are so flexible, from milestone-based distributions to education-focused standards and long-term control over a legacy, along with the added benefits of smoother administration and potential creditor protection when drafted properly. If you care about protecting your family, your assets, and your intent, listen through the end, then subscribe, share this with someone who needs it, and leave a review so more people can plan before the unexpected happens.

  2. 17 jun

    Your Spouse Cannot Cut You Out Of The Estate In North Carolina

    Someone can write “my spouse gets nothing” into a will, but North Carolina law may have the final say. We sit down to unpack the North Carolina elective share, the statute that helps protect surviving spouses from being disinherited unless they have signed a valid written waiver. If you are dealing with estate planning, probate, or a tough family situation after a death, this conversation clarifies what rights may exist even when the paperwork looks final.  We walk through how the elective share amount is tied to the length of the marriage, with percentage tiers that rise over time. We also explain why the term “net estate” matters so much, because the calculation can reach beyond probate assets and may include items like life insurance and payable on death designations. That detail is often the moment people realize their assumptions about “keeping things out of the estate” do not always hold up under North Carolina elective share rules.  We also talk about the marital home, where the stakes feel immediate. If a surviving spouse is not on the deed, the shock can be real, and we discuss the option to elect a life estate in the marital home instead of taking the percentage share. Finally, we highlight the practical urgency: the surviving spouse generally has only six months from the date the estate is opened to file the elective share, a short window during an already stressful time.  If you found this helpful, subscribe for more elder law and estate planning guidance, share this with someone who needs it, and leave a review to help more North Carolina families find the show.

  3. 10 jun

    What Does Fair Mean In A Family Land Fight

    When siblings inherit a house, the hardest part is not the paperwork, it’s the stalemate. One person wants to keep the property, another wants to sell, and someone ends up paying the taxes and mortgage while the argument drags on. We sit down with attorney Anthony Rabreno to explain the North Carolina partition process that can finally move an inherited property dispute toward a clear outcome. We walk through the two types of partition you’ll hear in court: partition in kind, where the property is physically divided into separate lots for each heir when that’s actually feasible, and partition by sale, where the court orders the property sold and each co-owner receives their share of the proceeds. We also cover why the court typically uses a neutral, court-appointed commissioner to handle appraisals, surveys, and the sale itself, helping reduce bias and keep the process fair. Then we get into the questions people ask us every day in elder law and estate administration: Can attorney fees be shared? What about reimbursement for expenses like taxes or mortgage payments? Is a sibling buyout possible before things escalate? If you’re dealing with inherited land, a family home, or co-owned real estate in North Carolina, this conversation gives you a practical map of your options. Subscribe for more clear answers on estate and elder law, share this with a family member who needs it, and leave a review with the question you want us to tackle next.

  4. 3 jun

    Who’s The Dad And Who Gets Paid

    A child can spend a lifetime loving their dad and still be told they have no inheritance rights when he dies without a will. That’s the reality North Carolina probate lawyers have faced for years when legitimation was never completed through a formal court process. We sit down for a quick elder law update on a new North Carolina statute that changes the conversation about heirship, legitimation, and intestate succession, especially for children born outside marriage.  We explain what’s different, who the change applies to, and why the effective date matters: it applies to decedents dying on or after December 1, 2025. Then we get practical about the new option to establish legitimation using an affidavit of parentage signed by both the mother and the putative father. We also talk through the real-world details listeners worry about, including whether the signature has to happen at the time of birth, whether it can be done years later, and why waiting can increase the risk of disputes.  From there, we pressure-test the law with uncomfortable hypotheticals: competing affidavits, uncertainty about who the father is, and why the statute doesn’t allow a unilateral affidavit even if you have convincing DNA evidence. A key takeaway is the legal nuance between paternity and legitimation in North Carolina, and how that difference can affect not only a father’s estate but also who could inherit from the child’s estate in scenarios like wrongful death recoveries.  We end with the simplest way to avoid the headache altogether: clear estate planning. If you want someone to inherit, put it in writing with a will, or consider trusts and beneficiary-based transfers to reduce probate friction. Subscribe for more plain-English elder law updates, share this with someone who needs it, and leave a review with the question you want us to tackle next.

  5. 20 may

    A Bilingual Spanish Speaking Attorney Joins Our Charlotte Office

    A long-term care crisis can erase decades of savings in a shockingly short time, and most families do not realize it until they are already in the middle of it. That’s why we’re excited to introduce Anthony Robreno, a new attorney in our Charlotte office, and talk about what proactive elder law and estate planning actually look like when you’re trying to protect a home, property, and the future you built. Anthony shares his path from South Florida and his Cuban heritage to Wake Forest University and then the Mecklenburg County District Attorney’s Office, where he served as a prosecutor. He explains what that work taught him about being reactive after tragedy, and why he chose elder law as a way to help families earlier, before “the worst day” forces rushed decisions. We dig into the real-world value of planning tools like powers of attorney and other core estate planning documents that help you stay in control, protect your choices, and reduce stress on the people you love. We also talk about the financial reality behind Medicaid planning and long-term care planning, and why so many families unintentionally sacrifice the chance to pass down assets simply because they waited too long to plan. If you’re looking for a bilingual Spanish-speaking attorney in Charlotte, or you want clearer next steps for protecting your legacy, this conversation is a strong place to start. Subscribe for more practical guidance, share this with someone who needs a plan, and leave a review to help more families find the show.

  6. 13 may

    Wrongful Death Claims and Probate in North Carolina

    A wrongful death can leave families grieving and furious, but the legal system has rules that can stop a claim before it even starts. We break down one of the most misunderstood parts of a North Carolina wrongful death lawsuit: you usually cannot file just because you’re related to the person who died. Legal standing belongs to the estate, which means the case must be brought by a court-appointed personal representative through the probate process. We talk through the common traps people fall into, like assuming a power of attorney still works after death or thinking the trustee of a trust can step in and sue. We explain the difference between an executor or administrator and a trustee, why “letters” from the clerk matter, and how probate becomes the gateway to pursuing the claim. We also cover the two-year statute of limitations for wrongful death and why waiting to “see if there’s a case” can quietly burn your timeline. Medical records are often the starting point, especially when medical malpractice is suspected, so we outline practical options for getting records after death, including when a small estate affidavit may help versus when a full estate needs to be opened. Finally, we dig into where wrongful death proceeds go under North Carolina law: typically to intestate heirs, even if a will tries to direct those funds elsewhere, which can affect stepchildren, non-adopted children, and other loved ones. If you’re trying to understand probate, wrongful death claims, and the real first steps in North Carolina, hit subscribe, share this with someone who needs it, and leave a review to help others find the show.

  7. 6 may

    Etsy Is Not A Lawyer

    You can order a custom gift online in minutes, but trusting an online marketplace with your will is a very different kind of purchase. Greg McIntyre and Haley Matson get blunt about the rising trend of Etsy-style wills and other DIY estate planning documents, and why “I can buy it” is not the same as “I should use it.” We dig into what people miss when they treat a last will and testament like a simple note. Wills have strict legal requirements, and when those requirements are not met, a court can toss the document entirely. That can leave your property distribution up to North Carolina’s default statutes rather than your personal wishes. We also talk about the accountability gap: with a real attorney-client relationship, you can ask questions, make changes, and know who is responsible for the work. Then we get into the hidden cost of cheap estate planning. The real bill often shows up later as trust and estate litigation, family conflict, and assets drained by legal fees. Solid estate planning and elder law guidance can protect your loved ones from that chaos and help you plan with long-term care and asset protection in mind. If you’ve been tempted by an online will, listen closely, then subscribe, share this with a friend who’s procrastinating, and leave a review with your biggest estate planning question.

  8. 23 abr

    From Special Ops To Elder Law: Meet Anthony Figueroa

    A calm lawyer can change the outcome of a family’s hardest season, and that’s why we’re excited to introduce Anthony Figueroa, our newest attorney in the Shelby, North Carolina office. Anthony brings an uncommon background to estate planning and elder law: nearly nine years in the US Army, including psychological operations, plus the lived discipline of working high-stakes problems where details matter and emotions can’t run the show. We talk about what pushed him toward law in the first place, including how attorneys influenced real decisions during deployments and why he wanted that same kind of impact back home. That mission-driven approach connects directly to the work many families need most: wills and trusts, powers of attorney, healthcare directives, long-term care planning, and guidance when situations turn complicated. If you’ve ever searched for an estate planning attorney in Shelby NC or wondered where to start with elder law in North Carolina, you’ll hear what steady, practical counsel sounds like. Anthony also shares a refreshingly grounded take on law school. Instead of buying into the fear, he treated it like a nine to five job and focused on time management, consistency, and learning the craft. We close by talking about the temperament required for tough cases, including protecting hard-earned property, supporting veterans and their spouses, and helping families work through conflict without losing sight of the simplest workable solution. If you’re in the area, come meet Anthony at our Shelby office and tell us what you want to protect. Subscribe, share this conversation with a friend, and leave a review so more families can find trustworthy estate planning and elder law guidance.

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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.

Información

  • Creador
    Greg McIntyre, J.D., M.B.A.
  • Años de actividad
    2013 - 2026
  • Episodios
    662
  • Clasificación
    Apto
  • Copyright
    © 2026 Elder Law Report
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