Wondering what really happens during an estate planning consultation? Attorneys Greg and Jordan McIntyre pull back the curtain on this often-misunderstood process, revealing a surprisingly relaxed experience that's more like a friendly kitchen table conversation than a formal legal meeting.

Far from being a high-pressure situation, estate planning consultations are designed to be comfortable and informative. As Greg shares, "The best part of my day was meeting with this client, getting to know her and just sitting down and having a consultation." This personable approach puts clients at ease while attorneys gather the essential information needed to create effective estate plans.

During your consultation, expect questions about who you trust in your life, what assets you own, and your wishes for distribution. Don't worry about having all the answers prepared—the attorneys guide you through the process conversationally. If you have previous estate planning documents, bringing them along helps provide valuable context and history for your updated plans. The ultimate goal is identifying your wishes while spotting potential pitfalls where you might lose assets or control.

Ready to experience this refreshingly straightforward approach to securing your legacy? The McIntyre attorneys offer free consultations where you'll find not only expert legal guidance but also their famous office-made chocolate chip cookies. Schedule yours today by calling 1-888-999-6600 or visiting mcelderlawcom.

Money gifted with good intentions can lead to devastating financial consequences when long-term care becomes necessary. This eye-opening discussion between Elder Law attorneys Greg McIntyre and Brenton Begley tackles one of the most misunderstood areas of senior planning: how well-meaning asset transfers can backfire when seeking Medicaid and special assistance benefits.

The conversation cuts through common misconceptions, particularly the damaging belief that the federal gift tax exemption (currently $19,000 per person annually) provides a "free pass" for Medicaid eligibility. As the attorneys clarify, these systems operate under completely different rules, and conflating them can lead to benefit denials precisely when you need care most. They break down the dreaded "look-back period" - that window of time where every financial gift or property transfer comes under scrutiny and potentially triggers penalties that delay essential benefits.

Beyond just identifying pitfalls, McIntyre and Begley outline strategic approaches that actually work within the rules. From specialized deeds that protect property without triggering penalties to legally-sound asset protection strategies, they demonstrate that with proper planning, families can preserve their life savings while still accessing critical care benefits. Their expertise reveals the reward in finding that balance between asset protection and benefit eligibility - ensuring seniors can receive necessary care without sacrificing everything they've built.

Whether you're planning ahead or facing an immediate care crisis, this conversation offers crucial guidance for navigating the complex maze of long-term care benefits. The attorneys' closing offer of complimentary consultations underscores their commitment to helping families protect what matters most while securing the care they deserve. Ready to ensure your gifts don't become costly mistakes? Schedule a free consultation and discover how proper planning creates peace of mind.

Probate hearings rarely make for casual conversation, but they're a critical part of estate administration that can become surprisingly contentious. Join Jane Dearwester and Haley Matson from McIntyre Elder Law as they pull back the curtain on these often-misunderstood legal proceedings in North Carolina.

Most people assume probate is just paperwork and forms, but contested estates can involve numerous hearings before the clerk of court. Jane and Haley expertly break down the different categories of probate hearings you might encounter, from competing qualification disputes (who gets to serve as executor?) to heir determination hearings (who's legally entitled to inherit?). They explore petitions for possession and sale of real property, motions to remove executors who mishandle estate funds, and the fascinating 28A examinations that can compel disclosure from those hiding estate assets.

The conversation takes particularly interesting turns when discussing lost will hearings—especially relevant in Western North Carolina, which has suffered hurricanes and wildfires destroying important documents—and will caveats that challenge a will's validity based on lack of capacity or undue influence. One compelling example involves a "crooked pastor" who convinced a cognitively declining person to disinherit their entire family. Jane and Haley explain how they successfully had that will invalidated.

Perhaps most valuable is their explanation of North Carolina's spousal protections. Unlike some states, North Carolina doesn't allow complete disinheritance of spouses, providing statutory remedies through elective share (based on marriage length) and spousal allowance (the first $60,000 of the estate). Throughout their discussion, they emphasize how Chapter 28A of the North Carolina General Statutes creates a complex framework that isn't intuitive or straightforward—making professional legal representation essential when navigating these waters.

Want to learn more about protecting yourself and your loved ones from probate complications? Visit mcelderlaw.com to explore their blogs and resources, or connect with their team at offices in Shelby, Charlotte, and Hendersonville.

Forget everything you thought you knew about estate planning. That nagging belief that it's only for the wealthy with beach houses and trust funds? It's completely wrong. As attorneys Jordan McIntyre and Haley Matson explain, everyone has an estate worth protecting, whether you're retired on a fixed income or just starting your family journey.

What most people don't realize is that estate planning isn't primarily about protecting your stuff—it's about protecting your people. When you create an estate plan, you're ensuring your children have designated guardians, your assets go to the right beneficiaries, and your loved ones aren't forced to make impossible decisions about your care during emotionally difficult times. Without these protections, the state makes these critical decisions for you, following rigid laws that rarely align with personal wishes.

The consequences of not planning can be devastating. When someone dies without proper documents in place, everything goes through probate—a public, court-supervised process where creditors have 90 days to make claims against your estate. This is exactly how families lose homes and cherished property to medical debt and other creditors. And for seniors considering Medicaid for nursing home coverage, comprehensive planning becomes even more crucial to protect assets from reclamation after death. As our attorneys emphasize, planning doesn't mean you're expecting the worst; it simply means you're taking control before crisis hits.

Don't fall for the myth that you need to be wealthy or elderly to benefit from estate planning. In fact, creating these documents earlier is always easier and more effective. Life changes like marriage, divorce, births, or deaths often necessitate updates to existing plans, so establishing a foundation early makes future modifications simpler. Ready to protect what truly matters? Visit McIntyre Elder Law for a free consultation in Shelby, Charlotte, or Hendersonville, or call 1-888-999-6600 to start securing your family's future today.

What exactly happens when someone names you as the executor of their will? Far more than most people realize. In this enlightening discussion, attorneys Jane Dearwester and Haley Matson of McIntyre Elder Law pull back the curtain on the executor's role during their "Probate Boot Camp."

The conversation begins with a crucial concept many new executors don't fully grasp: the fiduciary duty. This legal standard means you're handling someone else's money with the highest level of care and responsibility. Jane and Haley walk listeners through the practical first steps every executor must take, from locating the original "wet ink" will to formally applying for appointment through the court. Even with a perfectly drafted will, the probate process requires court supervision and specific legal procedures.

Things get particularly interesting when the attorneys dive into the complications that frequently arise. Will contests from disgruntled heirs, allegations of undue influence, questions about testamentary capacity, and disputes over property distribution can transform a seemingly straightforward process into years of litigation. Drawing from their extensive experience in estate litigation, they share real-world scenarios where executors found themselves caught in family disputes while trying to fulfill their duties. The discussion covers executor compensation (up to 5% of estate assets), when to seek professional help, and how even simple estates typically take 6-12 months to settle.

Whether you're currently serving as an executor, have been named in someone's will, or are planning your own estate, this conversation provides invaluable insights into the probate process. Have questions about your specific situation? McIntyre Elder Law offers free consultations at their offices in Hendersonville, Charlotte, and Shelby. Visit mcintyrederlaw.com to learn more about probate and other elder law topics.

Power of attorney abuse represents one of the most devastating breaches of trust that can occur within families and relationships. When someone appointed to handle financial and legal affairs betrays that confidence, the consequences can be financially devastating and emotionally traumatic.

Attorney Greg McIntyre tackles this crucial topic head-on, providing a clear roadmap for addressing situations where an agent under a power of attorney acts against the principal's best interests. He explains that North Carolina law offers specific remedies when agents fail to uphold their fiduciary responsibilities. The first approach involves petitioning the court for an accounting—essentially forcing the agent to present comprehensive documentation of all their actions taken on behalf of the principal. This transparency mechanism allows a judge to review the agent's conduct and, if necessary, immediately remove them from their position to prevent further damage.

For cases where the misconduct is discovered later or after the principal has passed away, McIntyre outlines how civil lawsuits become the appropriate remedy. These legal actions can address breaches of fiduciary duty and seek restitution for funds that have been wrongfully converted to the agent's personal use. Throughout the discussion, McIntyre emphasizes the fundamental principle that agents must always act in good faith and in the best interest of the person who trusted them with this significant responsibility.

Have you noticed concerning behavior from someone who holds power of attorney? Don't wait until the situation worsens. The team at McIntyre Elder Law has extensive experience prosecuting these cases and protecting vulnerable individuals from exploitation. Reach out today to discuss your concerns and explore your legal options for holding wrongful agents accountable.

Your home represents years of memories, hard work, and financial investment—but does your estate plan adequately protect this precious asset? In this illuminating conversation, estate planning attorneys Jane Dearwester and Jordan McIntyre share their expertise on safeguarding your real property for future generations.

Drawing from her 15 years of real estate litigation experience, Jane explains why protecting property assets ranks among clients' top concerns. The good news? Multiple strategies exist to secure your real estate holdings. The attorneys break down the power of Ladybird Deeds (enhanced life estate deeds), which allow you to maintain complete control of your property during your lifetime while designating exactly who receives it after your passing—all while potentially qualifying for benefits like Medicaid without surrendering your home.

For those with property in multiple states or investment real estate portfolios, trust planning offers sophisticated protection against probate complications. As Jane explains, "You only need one trust to hold multiple properties from multiple states." The conversation also addresses special considerations for South Carolina properties, where alternative approaches like joint tenancy with rights of survivorship provide similar protections in a state that doesn't recognize Ladybird Deeds.

Whether you're protecting your family home or managing multiple investment properties, proper estate planning prevents your real estate from becoming vulnerable to creditors through probate. Connect with the attorneys at McIntyre Elder Law in Shelby, Charlotte, or Hendersonville to develop a customized strategy that preserves your property legacy. Visit mcrlaw.com or call 1-888-999-6600 to schedule your consultation today and ensure what you've built remains protected for generations to come.

What happens when a loved one suddenly needs nursing home care and you've done absolutely no prior planning? The financial devastation can be overwhelming, but according to elder law attorneys Greg and Jordan McIntyre, all hope is not lost.

This father-son legal team walks through the stark reality of crisis planning for long-term care. They contrast the difficult path of guardianship proceedings—which require court oversight, hearings, and months of legal work—with the protection offered by properly drafted powers of attorney. As Jordan explains, "If there's a limitation on the gifting provision, it could hinder my ability to protect assets." Not all legal documents are created equal, and standard forms rarely contain the specific provisions needed for effective asset protection.

For married couples facing nursing home placement, the McIntyres offer particular hope. Even without prior planning, strategies exist to implement the "community spouse resource allowance" and other legal mechanisms that can preserve significant assets for the healthy spouse. They explain how the rules allow for protecting your home and savings while still qualifying for benefits you've paid for through years of tax contributions. As Greg notes, "The real power is being able to know the rules so well that you operate out in the open... within our rules that we allow."

The attorneys emphasize that crisis planning isn't about hiding assets but working strategically within established legal frameworks. While proactive planning always offers the most protection, their practice includes a dedicated department for helping families in emergency situations. Whether you're planning ahead or facing an immediate care need, understanding these legal strategies could save everything you've worked for. Schedule a free consultation to learn how proper planning can protect your family's financial future.