Elder Law Report

Most parents focus on car seats and cribs, but the real safety net is legal: who can act for you in a crisis, who raises your kids if the unthinkable happens, and how your savings and life insurance actually support your family’s future. We dig into the essential steps every new parent in North Carolina should take, from naming guardians in a will to creating trusts that protect minors from windfalls and missteps.

We start...

The rules just got clearer—and the stakes couldn’t be higher for families trying to protect a home while qualifying for long-term care. We break down how North Carolina’s Medicaid manual now explicitly recognizes Ladybird deeds (life estates with powers), why that matters during the five-year look-back, and how this strategy preserves eligibility without triggering transfer penalties. If you’ve worried about losing your house to ca...

Cold mornings, black ice on the north side of the valley, and a clear road just a mile away—mountain weather keeps you humble. That same unpredictability shows up in life events, which is why we sat down with attorney Jane Dearwester to connect winter preparedness with estate planning that actually works when the road disappears. From Hurricane Helene to fast-moving forest fires and sudden evacuations, Jane shares how her Henderson...

Big-hearted plans beat vague intentions. We dig into clear, workable ways to support the causes you care about—without neglecting the people you love. From simple will language to more advanced tools, this conversation breaks down how to structure charitable gifts so they’re easy to carry out, tax smart, and aligned with your values.

We start with the building blocks: specific gifts versus percentage bequests, and how bene...

Want a simple way to keep full control of your home today and pass it to your heirs instantly when you’re gone? We dig into the nuts and bolts of the Ladybird deed—formally called an enhanced life estate deed—and explain why it’s a powerful, court-tested tool in North Carolina and beyond. You’ll hear how it avoids probate, preserves eligibility for long-term care Medicaid, and protects against certain estate creditors, all while le...

Benefits you earned shouldn’t be out of reach just because the rulebook is complex. We sit down on Veterans Day to map a practical path to VA Aid and Attendance—a pension that can help pay for in‑home care, assisted living, or nursing home care—without draining a lifetime of savings. Drawing on years of elder law practice, we unpack the real asset limits, the home and acreage rules, and the underused Veterans Asset Protection Trust...

Meet the newest member of our elder law team, attorney Josh Hunter—a history major turned lawyer who pairs environmental policy training with a calm, strategic approach to complex family needs. We walk through the realities of apprenticeship in a focused practice: why mastering estate planning, long-term care benefits, probate, trust administration, and litigation takes more than textbooks, and how mentorship builds judgment you ca...

A Halloween greeting sets the stage for a conversation about the real scares families face: probate, guardianship, and the high cost of long-term care. We unpack how to turn those fears into treats by using practical tools that keep control in your hands, protect your home, and speed assets to loved ones without a courtroom drama.

We start with the case for avoiding probate. A thoughtfully drafted revocable trust preserves...

Probate doesn’t just slow things down—it can turn a time of grief into a grind of court dates, public filings, and creditor claims. We sit down to unpack why probate so often feels like a maze and map out practical ways to keep your family out of it with clear, simple planning moves that protect what matters.

We start with the human cost: how an open estate can freeze a home sale, stall car title transfers, and complicate ...

Imagine sorting a loved one’s papers and finding ten different wills—each telling a slightly different story about who gets what. That’s how family peace turns into a courtroom drama. We pull back the curtain on why outdated wills and mismatched beneficiary forms can derail even the most well‑meaning plans and how a few practical moves can keep your wishes clear, enforceable, and drama‑free.

We break down the big three dri...

What if the scariest part of probate isn’t the paperwork—but the creditors waiting to drain an estate dry? We pull back the curtain on practical, legal tools that keep wealth intact, from the first filing to the final distribution. Jane and Haley explain how to start the clock with a proper notice to creditors, why a thorough inventory creates leverage and clarity, and how a clean estate bank account shields you from commingling ri...

Most people assume a caring family and a good doctor’s note will steer a loved one through a crisis. The hard truth in North Carolina: only a judge can declare incompetence, the evidence bar is high, and family conflict can put strangers in charge of the most personal decisions. We unpack the four biggest guardianship nightmares—thin medical proof, missing powers of attorney, contested petitions, and defaulting to third-party guard...

Protecting your loved ones from the devastating financial impact of long-term care costs is one of the most powerful gifts you can give them. In this eye-opening episode, attorneys Greg McIntyre and Haley Matson reveal crucial strategies to shield your home, retirement savings, and other assets if nursing home care becomes necessary in your future.

The conversation begins with a fundamental truth many families face: you&ap...

What would you do if you knew there was a 70% chance a meteor would hit your home? You'd move, right? According to the Department of Health and Human Services, that's the same probability seniors face for needing long-term care—yet most aren't prepared for the financial impact.

Nursing homes in North Carolina now cost between $8,000-$13,000 monthly, amounting to a staggering $100,000-$150,000 annually. Witho...

Taking on the role of trustee means stepping into a position of significant responsibility that comes with legal obligations many people don't fully understand. This enlightening discussion between attorneys Haley Matson and Jordan McIntyre breaks down the critical aspects of being a trustee and managing someone else's assets as a fiduciary.

The attorneys clearly explain that accepting a trustee position means yo...

Facing the possibility that you or your spouse might need nursing home care is daunting enough without the added stress of potential financial ruin. The stark reality—nursing homes cost between $10,000 and $15,000 monthly—means even substantial estates can be rapidly depleted, leaving a healthy spouse vulnerable.

In this deeply informative conversation, Elder Law attorney Greg McIntyre and his colleague Jane Dearwester dem...

We all avoid the uncomfortable conversations, but what if facing them actually brought peace of mind? Attorney Greg McIntyre tackles one of life's most difficult topics—end-of-life planning—with compassion, wisdom, and practical guidance.

Drawing from his two decades of experience in estate planning and elder law, Greg shares why these sensitive discussions shouldn't be postponed. He applies the powerful "Ea...

The landscape of long-term care benefits in North Carolina is shifting dramatically with the implementation of the "One Big Beautiful Bill." This legislation introduces several key changes that could significantly impact how you or your loved ones access crucial healthcare services when they're needed most.

Most notably, the bill establishes a flat home equity cap of $1 million for Medicaid eligibility. For ...

When it comes to navigating real estate decisions, particularly for older adults or those managing inherited properties, professional guidance isn't just helpful—it's essential. This enlightening conversation between Jane Dearwester of McIntyre Elder Law and Jason Brodsky of Owners Only Real Estate reveals why DIY approaches to property valuation and sales often lead to significant financial and emotional costs.

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