Elder Law Report

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 st...

Family conflict rarely starts with money—it starts with silence. We tackle the three biggest estate planning mistakes that turn small gaps into full-blown feuds: poor communication, procrastination, and ignoring the real price of long-term care. With attorney Haley Madsen joining Greg McIntyre, we share a clear, practical roadmap to protect your loved ones, your home, and your peace of mind.

First, we unpack why secrecy ar...

Most families wait until a fall, stroke, or sudden diagnosis forces a scramble. We open up about how adult children can help parents plan early, keep control where it belongs, and avoid the most expensive and stressful mistakes—from lost capacity to long-term care surprises.

We start with the heart of the matter: capacity. Once a parent can’t sign, choices narrow and families face court, delays, and mounting costs. We lay ...

Divorce, remarriage, and blended families can quietly rewrite your estate plan—unless you rewrite it first. We dig into how North Carolina law treats spouses before and after marriage, from inchoate rights in real property to the elective share and the year’s allowance, then map the steps that keep your wishes intact without sparking a courtroom brawl. Along the way, we highlight the silent saboteurs: beneficiary designations, join...

Valentine’s Day is a perfect reminder that love isn’t just a feeling—it’s a plan. We sit down as father and son, both elder law attorneys, to map out clear steps that protect the people who matter most. From choosing a trustee for minor children to keeping your home out of probate, we explain how straightforward documents can prevent the messes that break hearts and budgets.

We start with practical strategies for families ...

Most families don’t lose wealth to bad markets—they lose it to long-term care costs and the slow grind of probate. We unpack a practical, two-part strategy that shields savings during life and delivers a faster inheritance after death, balancing control, care, and legacy without guesswork or jargon.

We start by facing the numbers on long-term care and why paying out of pocket can drain even healthy nest eggs. Then we share...

The moments that test a family rarely arrive with warning. A fall, a stroke, a winter storm that knocks out power for days—suddenly decisions pile up while the tools to make them are out of reach. We sat down to map a calm, practical path through those chaotic hours by focusing on two essentials: the health care power of attorney and the general durable power of attorney.

First, we unpack how a health care power of attorne...

Hard conversations today can spare your family heartache and expense tomorrow. We walk through a practical plan to prepare for long-term care before it turns into a crisis, starting with simple, consistent communication and moving into the documents and strategies that keep you in control.

We break down the two must-have documents—general durable power of attorney and healthcare power of attorney—explaining how they author...

Paper binders and decade-old software don’t cut it for families making the most important legal decisions of their lives. We open the door to a tech-forward approach to estate planning—one that keeps the attorney’s judgment at the center while using smart systems to remove friction, reduce errors, and make every step easier to navigate. From secure, encrypted lifetime document storage to a streamlined intake process that captures a...

Resolutions fade; stress lingers. We chose a different start to the year by focusing on the one move that reliably lowers anxiety and protects what matters: a practical estate plan that actually works when life gets messy. From the gym to the law office, we connect the dots between lower cortisol, clearer thinking, and the documents that keep your family out of court and your assets out of harm’s way.

We break down the ess...

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 ...