Navigating Long-Term Care Benefits While Safeguarding Your Assets

Securing your family's financial future while accessing necessary long-term care is possible with the right legal strategy. This conversation between attorneys Greg and Jordan McIntyre reveals how their firm helps clients navigate this critical balance.

The cornerstone of this discussion focuses on a two-pronged approach: qualifying for Medicaid benefits to cover assisted living or nursing home expenses while simultaneously protecting assets from Medicaid's estate recovery process. Attorney Jordan McIntyre explains that the key lies in probate avoidance - because creditors, including Medicaid, can only claim assets that pass through probate after death.

Among the most powerful tools in this planning arsenal is the ladybird deed, which allows homeowners to maintain full control of their property during their lifetime while ensuring it passes directly to beneficiaries upon death, bypassing probate entirely. For financial accounts, options include trusts for ongoing management or direct beneficiary designations, depending on each family's unique circumstances.

What truly distinguishes McIntyre Elder Law's approach is their commitment to relationship-building. "It's really just about listening skills," explains Jordan when discussing how he establishes trust with clients. This client-centered focus begins with understanding personal histories and family dynamics before crafting legal solutions. Both attorneys share the profound satisfaction they experience when seeing a plan successfully protect a client's legacy - as Greg puts it, quoting The A-Team, "I love it when a plan comes together."

Ready to protect your assets while ensuring you can access needed care? Schedule a free consultation by calling 1-866-999-6600 or visiting mcelderlaw.com/scheduling to secure your family's financial future with attorneys who understand the delicate balance between long-term care planning and asset protection.

Episode Transcript

Greg McIntyre (00:01):
qualifying for long-term care benefits and
avoiding probate and why that'simportant.
I'm here with attorney JordanMcIntyre and Jordan has been
talking to me about the numberone question he gets and the
number one problem he solveslately is helping people qualify
for benefits to pay forlong-term care.

(00:24):
This is living or nursing homecare while avoiding probate, and
why is avoiding probateimportant?
If you qualify for a long-termcare benefits story, attorney
McIntyre.

Jordan McIntyre (00:37):
Hey, dad, hey.
So if you have any assets goingthrough your probate estate
right, the only process anycreditor can come in and take
assets is during that probateprocess.
So we can bypass probate right.
We get the money in youraccounts maybe your property,
the kids.
It's a ladybird deed.

(00:57):
We prevent that period whereyou know Medicaid can come in.
Let's say you qualify forMedicaid during your life.
As your attorney, I'm going towant to ensure that I'm not
allowing Medicaid to come backin after you pass and take those
assets.
So what I'm going to do isguide you on how to avoid

(01:20):
probate.
You might do a ladybird deed onthe home so your assets, your
home, can transfer to yourchildren or anyone else who
would like to.
And then, with your account, soyou can figure out, you know,
do you need some type of trustbecause those funds need to be
managed, or do you need thosefunds to just go directly to
beneficiaries?

(01:40):
So I'll do my best during yourlife to get you qualified for
the benefit and then make sureMedicaid can't come back and
take it after you pass.

Greg McIntyre (01:51):
Thank you, attorney McIntyre, son.
And so yes, jordan is exactlyright.
You know we can help youprotect assets and qualify for
assisted living benefits ornursing home benefits to pay for
those stays.
The problem is they're going tocome back and collect the house

(02:12):
and other assets going throughthe probate estate, so we have
to set those up so we still keepyou open for those benefits and
protect them and keep them inyour control and avoid probate.
At the same time, we keep oureye on all those things and we
make that happen.
We're very good at making thathappen.
We've done that for a long time.

(02:33):
Jordan is so proud of him.
He's so smart and so good atsetting up those plans and doing
those things and working withclients.
One of the things, jordan, thatI have been so impressed with
you about in working with ourfirm is the great relationship

(02:56):
and trust that your clients havein you and the relationship you
have with your clients.
Talk about that for a second.
How do you achieve?

Jordan McIntyre (03:05):
that it's really just about listening
skills.
You know, with anything, it'sabout communication and
listening.
So you know, I might spend thefirst five to 10 minutes, or
even longer, just getting toknow the client.
Right, I'm going to figure outwho they are, what they did
during their life, their history.
I'm a history major, so I'llfigure out my client's history

(03:27):
and then their family dynamics.
Then we'll figure out what doyou need.
It's about listening.

Greg McIntyre (03:38):
For me.
I take an enormous amount ofpride in having loyal clients
and building those relationshipsand seeing our clients a win
for a client, a win for me.
It just makes me feel greatwhen those things happen and
everything works the way itshould, whether it's a court win
which we have, or it's anestate plan that qualifies
someone for a benefit.

(03:59):
I don't know if you have thosesimilar feelings when those
things happen.

Jordan McIntyre (04:03):
How does it make you feel when you know,
once those things are completed,I mean I feel good, I think I
have peace of mind and theclient does as well.
You know, I think if you're notinvested, people can tell and
if you establish thoserelationships, Go ahead Sorry.
If you establish thoserelationships, you're going to
be invested in all your clients.

Greg McIntyre (04:26):
Yeah, I mean, I think for me it's caring about
my own reputation, finishingwhat I started, and also caring
about that, which extends tocaring about other people, the
clients, and just takingsatisfaction from a job well
done.
I always talk about Hannibalfrom the A-Team, which is a
series in the 80s, ok, and healways used to say he'd be

(04:46):
smoking a cigar and he'd say Ilove it when a plan comes
together and I love it when itall comes together and it just
works.
It feels like it.
Just it's the greatest feeling.
I love it.
I love to call a client andtell them when all these things
happen, you know, and the goodthings happen, it's good stuff.
So well, I appreciate you,attorney McIntyre, for getting

(05:08):
with me and talking with meabout qualifying for long-term
care benefits, retainingownership of assets and avoiding
probate to avoid a collectionof whatever the benefit spins
out during your life.
So I'd say you know, hey, guysout there, if you're in a

(05:29):
situation like this or youhaven't gotten your affairs in
order, you want your plan tocome together.
You want that feeling and youwant somebody to work with that
values relationship with you andthat that understands that when
you win, we win and reallycelebrates those things together
and goes through life with youin that way.

(05:50):
This is a place for you.
We offer even free annualreviews where if there's any
changes within estate planning,within estate plan, then we help
you and answer questions allalong.
I value the relationships thatI've had with my clients over
the decades and sometimes hadclients and then had their

(06:15):
children as clients as well hadgenerational clients.
Those are the best.
So I take enormous pride alsothat we're a generational law
firm that has two generationsworking here.
Who knows, jordan, maybe oneday you'll have one of your kids
will come to work here as well.
What do you think?
I've had?

Jordan McIntyre (06:35):
a lot of clients who know you.

Greg McIntyre (06:38):
Yeah, yeah.
Well, I know a lot of peopleand I enjoy meeting and doing a
good job for people.
So, hey, if McIntyre Elder Lawseems like it might be a good
fit for you and your family andyou want to sit down and make
sure that you have the futuremapped out a bit legally,
financially, and also have aneye on long-term care benefits

(07:01):
and making sure you don't loseyour assets to the high cost of
long-term care avoid probateWe'd love to sit down and have
that conversation.
I would offer a free consult tosit down with myself or any of
our other amazing attorneys.
You can take advantage of thatby calling 1-866-999-6600 or by

(07:23):
going right online andscheduling directly on our
calendars at mcelderlawcom.
Slash scheduling and I'll tellyou.
Talking about being happy whena plan comes together, you're a
part of that too.
Attorney McIntyre.
Jordan, so proud of you andhappy that you're here with us
too, so look forward to meetingwith everyone out there and give
us a call.
We'd love to love to talk toyou.

(07:43):
Thank you, jordan.
You have a great day.

Jordan McIntyre (07:46):
Thank you Dad See you guys.
All right, thank you Dad seeyou guys, alright.