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. 2D AGO

    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.

    11 min

  2. MAY 6

    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.

    9 min

  3. APR 23

    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.

    12 min

  4. APR 15

    Secure Estate Plan Access

    Your estate plan is only as strong as your ability to find it on the worst day. Greg McIntyre sits down with law partner Brenton Begley to talk about a problem almost every family eventually faces: important legal documents that are perfectly drafted but impossible to locate when a hospital, bank, or courthouse asks for proof. We break down our two track approach to document storage. First, we deliver a durable estate planning binder with protected originals, including wills, trusts, financial power of attorney, and healthcare power of attorney, so signatures and notarizations stay pristine for the long haul. Then we pair those originals with free eDocs access, a secure online portal where you control the username, password, and sharing. That means your chosen agent can pull up a power of attorney from a phone in a true emergency, and you can quickly provide a PDF to a bank, physician, or family member without scrambling. We also dig into a question that creates real panic during probate: what happens if the original will is lost. With updated North Carolina law, a copy may still be usable when the drafting attorney can certify it and provide an affidavit confirming it is a true and accurate copy. Long term electronic document retention can become the safety net that keeps a family out of court fights and delays. If you care about estate planning, elder law, probate readiness, and secure document storage, this conversation will help you build a plan that works in real life. Subscribe for more practical guidance, share this with someone organizing family paperwork, and leave a review with the one document you wish you had easier access to.

    7 min

  5. APR 1

    Estate Planning Is No Joke

    Elder Law Report

    10 min

  6. MAR 25

    Spousal Protections For Long-Term Care

    The scariest sentence we hear from families facing a spouse’s nursing home placement is simple: “We’re going to lose everything.” That fear is understandable, but it often ignores the spousal protections built into long-term care Medicaid rules. We sit down to map the real picture of how benefits can work when one spouse becomes the “applicant spouse” and the other remains the “community spouse” trying to keep the household afloat. We start with the foundation that makes every plan possible: legal authority. Being married does not automatically mean you can sign contracts, manage accounts, or make the moves needed to qualify for long-term care benefits. We explain why a healthcare power of attorney and a general durable power of attorney matter so much, from getting the right level-of-care paperwork to executing facility admissions documents. We also dig into a surprise for many couples: even if you share a bank account, you cannot simply access or control assets like an IRA, 401(k), or life insurance policy without the right authority, and real estate can require careful handling too. Next we break down the money rules that decide whether the healthy spouse can keep paying the bills. We explain patient liability, how Medicaid covers the gap between income and the cost of care, and how the Minimum Monthly Maintenance Needs Allowance (MMMNA) may allow shifting income to the community spouse up to an allowed limit. We also touch on asset protection planning, including the Community Spouse Resource Allowance (CSRA) and why working with an elder law attorney who actually handles Medicaid benefits can save time, stress, and hard-earned assets. If this helped you, subscribe, share the episode with a friend caring for a spouse, and leave a review so more families can find practical guidance when long-term care decisions hit fast.

    10 min

  7. MAR 18

    Probate: The Court Invite Nobody Wants

    Elder Law Report

    18 min

  8. MAR 10

    Paper Burns, Pixels Don’t: Estate Planning In 2026

    A quiet revolution just reshaped estate planning in North Carolina: a properly certified, attorney‑stored electronic copy of your will can now be probated like the original. We unpack what that means in real life—fewer frantic searches for paper, fewer hearings over missing originals, and a smoother path for families when they need clarity most. With all 100 counties live on e‑courts, the shift from pen and ink to secure digital storage isn’t a trend; it’s the new backbone of reliable probate. We walk through the essential safeguards that make e‑wills work. A North Carolina attorney must certify that the digital file is a full and complete copy of your attested will, confirm that you authorized electronic storage, and advise you that tearing up paper no longer revokes a converted will. Revocation still belongs to you—but it now happens in writing, often via a new will that expressly revokes prior wills and codicils, or a written revocation filed alongside the stored record. This paper trail removes guesswork and helps courts honor intent without costly detours. You’ll also hear how our secure “vault” system protects documents with bank‑level encryption and strict access controls, why this reduces the risk of “slip‑sheet” tampering, and how families benefit from a simple “click, click, file” experience when it’s time to open probate. Have an older will? You don’t need to start from scratch. Bring it to a North Carolina attorney to certify, convert, and store, so the court can rely on a secure digital copy if the original is lost or destroyed. We also touch on updating plans over time with new wills and codicils and keeping a clean history that’s easy for executors to follow. Ready to future‑proof your estate plan with less stress and more certainty? Subscribe, share this episode with someone who handles family documents, and leave a review with your top question about going digital—what would give you the most peace of mind?

    16 min
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About

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.

Information

  • Creator
    Greg McIntyre, J.D., M.B.A.
  • Years Active
    2013 - 2026
  • Episodes
    657
  • Rating
    Clean
  • Copyright
    © 2026 Elder Law Report
  • Show Website
    Elder Law Report

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