559 episodes

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.

Elder Law Report Greg McIntyre, J.D., M.B.A.

    • News
    • 4.5 • 10 Ratings

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.

    Understanding Elective Share: Rights and Fairness in Estates

    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.

    • 12 min
    Complexities of Property Transfer and Estate Planning: Life Estate and Lady Bird Deeds

    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.

    • 14 min
    Navigating Medicaid Asset Protection and Crisis Planning for Long-Term Care

    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.

    • 6 min
    Securing Autonomy: Powers of Attorney vs. Guardianship

    Securing Autonomy: Powers of Attorney vs. Guardianship

    Embark on a journey to secure your future as my colleague, Samantha Gordon, and I dissect the often-overlooked perils of guardianship and champion the empowering capabilities of powers of attorney. With Samantha's deep well of experience in guardianship cases, we peel back the layers of court interventions that could entangle your personal and financial autonomy. Discover how to steer clear of the possibility of an imposed guardian and the intricate web of restrictions that come with court supervision. This episode is an essential masterclass for those who prioritize maintaining control over their life decisions, even in the face of incapacity.

    Navigating the unpredictable tides of life requires a trusted helmsman, and we emphasize the vital role that powers of attorney play in ensuring your vessel remains on course. Samantha and I illuminate the flexible nature of these legal instruments, crafting a compelling case for their use in safeguarding your future, particularly within the context of elder law. We cater solutions to real-world scenarios, providing you with the strategic foresight needed to protect your autonomy with confidence. For anyone seeking to minimize legal entanglements and secure a trustworthy advocate for their personal affairs, this conversation is your guiding beacon.

    • 13 min
    Conflict Avoidance Through Thoughtful Estate Planning with Attorneys Greg McIntyre and Jordan Bentley

    Conflict Avoidance Through Thoughtful Estate Planning with Attorneys Greg McIntyre and Jordan Bentley

    Discover the strategies to protect your family's future and maintain harmony through expert estate planning with me, Greg McIntyre, and my esteemed colleague, Jordan Bentley. Together, we navigate the complexities of securing your legacy and resolving familial disputes with finesse. Our engaging conversation brings Jordan's extensive family law expertise to the forefront, sharing invaluable insights for anyone looking to safeguard their assets from potential marital splits and ensuring their wishes are honored.

    In a world where money can stir up unexpected conflicts, we lay out an "instruction manual" for heirs, guiding asset distribution and fostering responsible stewardship. From crafting legally sound estate plans to tackling trust disputes and will caveats, we cover all bases. As litigation specialists, we're well-versed in confronting issues like insurance beneficiary fraud with determination. Tune in to equip yourself with the knowledge to not only preserve your estate but also fortify the bonds that matter most. Join us for enlightening perspectives on how to keep peace within your family, both in life and beyond.

    • 10 min
    Navigating Estate Planning for Women at Every Life Stage

    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.

    • 13 min

Customer Reviews

4.5 out of 5
10 Ratings

10 Ratings

Barney Bartholomew ,

Great Podcast!

Greg and Brenton did a wonderful job explaining complex matters. I love the fun relaxed atmosphere of these two.

wall_walker ,

Great podcast!

Greg McIntyre has created a resource that is a great starting place for anyone dealing with an aging family member or spouse. He explains why and how an elder law attorney can be useful. He also interviews guests who are experts in non-legal areas that can help the elderly like hospice, home health care, preventing falls and the inportance of staying active. It is a great all around podcast on the topic of elder law and aging.

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