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.

  1. MAY 20

    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.

    8 min
  2. MAY 13

    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
  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. 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
4.5
out of 5
10 Ratings

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.