Elder Law Report podcast

29:22

The world often feels rigged. And this episode is a wake-up call to recognize the barriers that exist for those who don’t fit the traditional mold. In this episode, which is a kind of tribute to my dear departed Dad, I recount some powerful lessons from the man who was a brilliant psychiatrist and my biggest champion. He taught me that if something feels off about the environment you’re in, it probably is—and it’s absolutely hella-not your fault. We dare to break into the uncomfortable truth that many workplaces are designed for a very specific demographic, leaving neurodivergent individuals, particularly those on the autism spectrum, feeling excluded. I share three stories in which my Dad imparted to me more than my fair share of his wisdom, and I'm hoping you to can feel empowered. You'll learn that we can advocate for ourselves and others to create a more inclusive work culture. Newsletter Paste this into your browser if the newsletter link is broken - https://www.lbeehealth.com/ Join our Patreon - https://differentnotbrokenpodcast.com/patreon Mentioned in this episode: Sign Up For Our Newsletter Stay updated on all the things! Get added to our newsletter mailing list. Newsletter…

Elder Law Report

Series home•Feed

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.

610 episodes

Elder Law Report

22 subscribers

updated 7 days ago

Series home•Feed

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.

610 episodes

Усі епізоди

1
My Parent Went to the Nursing Home... Now What? 11:52

7 days ago11:52

11:52

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.…

1
Death, Taxes, and Bank Accounts: The Surprising Truth Your Banker Won't Tell You 11:29

21 days ago11:29

11:29

What happens to your bank accounts when you die? It's a deceptively complex question that goes far beyond the surface-level solution of "just add a beneficiary." In this eye-opening conversation, attorneys Greg and Jordan McIntyre unpack the hidden dangers lurking in common estate planning strategies that could leave your hard-earned assets vulnerable. The father-son legal team dismantles the popular misconception that joint ownership with rights of survivorship provides foolproof asset transfer. As they reveal, this approach can unexpectedly expose your accounts to creditor claims during probate—a risk many financial advisors never mention. They offer a smarter alternative: utilizing power of attorney relationships while maintaining beneficiary designations, providing management capabilities without the liability exposure. But the discussion goes deeper, addressing the elephant in the room that basic estate planning often ignores: long-term care needs. With 70% of Americans over 65 requiring some form of long-term care during their lifetime, the McIntyres explain why simple beneficiary designations fail to protect your assets when they're most vulnerable. They introduce specialized trust strategies that maintain your access to funds while shielding them from catastrophic care costs. The attorneys also raise important questions about the readiness of beneficiaries to receive inheritances and how trusts can provide structure and protection for younger heirs. Their holistic approach emphasizes that true estate planning prioritizes your needs while living, not just asset distribution after death. Ready to gain clarity on protecting your financial legacy? Schedule a free consultation with McIntyre Elder Law by calling 1-888-999-6600 or visiting mcintyrederlaw.com/scheduling. Your financial security deserves more than a simplistic solution.…

1
Protecting Your Legacy from Creditors and Lawsuits: Strategies for Securing Your Financial Legacy 14:57

28 days ago14:57

14:57

Have you ever worried about what would happen to your hard-earned assets if you faced a lawsuit or creditor claims? The truth might surprise you. Attorney Jordan McIntyre begins with a reality check that makes many clients uncomfortable: there's no such thing as a litigation-proof life or estate plan. However, that doesn't mean you're powerless. Through strategic planning, you can create multiple layers of protection that significantly reduce your risk exposure while ensuring your wealth passes according to your wishes. Jane Deere-Wester and Jordan explore four powerful protection strategies that work together like Russian nesting dolls to shield your assets. They discuss how properly structured trusts can discourage contests through specific provisions, while beneficiary designations offer a simple yet effective tool anyone can implement today without legal assistance. Jane shares a personal cautionary tale of discovering her ex-husband remained as a beneficiary on an account years after their divorce—a common oversight with potentially serious consequences. For business owners and real estate investors, placing assets within properly structured LLCs provides crucial separation between personal and business liabilities. Taking this protection further by incorporating these entities into your estate plan creates multiple barriers against potential claims. We also tackle the often-uncomfortable subject of prenuptial agreements, which have become increasingly important in today's world of blended families and multiple marriages. The podcast wraps up with practical advice on implementing these strategies and emphasizes that protecting your legacy isn't about overnight solutions but rather thoughtful planning that honors the lifetime of work you've invested in building your wealth. Ready to create your own comprehensive asset protection plan? Reach out to our offices in Hendersonville, Shelby, or Charlotte, and let us help you secure your legacy for generations to come.…

1
Don't Wait Until It's Too Late: Setting Up Power of Attorney Before You Need It 11:17

5 weeks ago11:17

11:17

What happens when you can't make decisions for yourself? Who handles your finances or communicates with your doctors? The answer might surprise you—especially if you haven't prepared the right legal documents. Attorneys Brenton Begley and John Miller dive deep into the world of Powers of Attorney (POAs), revealing why these documents are critical for everyone, regardless of age or health status. They expertly break down the differences between General Durable POAs for financial matters and Healthcare POAs for medical decisions, explaining how comprehensive documents serve as your shield when unexpected events occur. The conversation tackles one of the most common hesitations people face—the fear of losing control. Both attorneys provide practical insights into options like "springing" Powers of Attorney that only activate under specific circumstances, while emphasizing that selecting someone you truly trust is paramount. As John notes, "You have to trust the person that you're appointing as an agent" since they'll be making significant decisions on your behalf. Perhaps most compelling is their warning about waiting too long. Once incapacity occurs, it's too late to create these documents, leaving families with no option but expensive, time-consuming guardianship proceedings. The attorneys share valuable guidance on selecting the right agents, navigating family dynamics, and ensuring your affairs remain in trusted hands even during your most vulnerable moments. Ready to protect yourself and your loved ones? Visit www.mcelderlaw.com to schedule your free consultation or call 704-259-7040 to learn how McIntyre Elder Law can help you create Powers of Attorney tailored to your specific needs.…

1
Elder Abuse: Recognizing the Warning Signs and Taking Legal Action 15:15

6 weeks ago15:15

15:15

The silent epidemic of elder abuse affects countless seniors, yet many families don't recognize the warning signs until significant harm has occurred. Attorneys Brendan Begley and Jordan McIntyre tackle this critical issue head-on, revealing how cognitive decline creates vulnerability and opens the door to exploitation. Financial exploitation stands out as the fastest-growing form of elder abuse, with seniors losing billions annually to scammers, unethical caregivers, and even family members. The attorneys explain the sobering reality that willingness doesn't equal consent when cognitive impairment is involved—seniors may sign over deeds or write checks without truly understanding the consequences or remembering previous transactions. What makes this issue particularly heartbreaking are the risk factors that compound vulnerability. Beyond cognitive decline, social isolation emerges as perhaps the most insidious threat, where seniors knowingly accept exploitation simply to maintain human connection. The podcast reveals surprising forms of abuse that often go unrecognized, including misuse of the very legal systems designed to protect vulnerable adults, like unnecessary guardianship proceedings when less restrictive alternatives exist. The attorneys offer practical solutions for both prevention and remedy. While Adult Protective Services and litigation can address exploitation after it occurs, establishing a comprehensive estate plan before cognitive issues arise provides the strongest protection. A properly executed power of attorney grants trusted individuals not just decision-making authority but legal standing to intervene if exploitation occurs—a critical distinction many families discover too late. Ready to protect yourself or your loved ones? Schedule a free consultation today by calling 888-999-6600 or visiting mcintyrederlaw.com and take the first step toward securing peace of mind for your family's future.…

1
Beyond Bank Accounts: Why That Four-Foot Metal Chicken Matters More Than You Think 7:26

7 weeks ago7:26

7:26

What makes an asset truly valuable? At McIntyre Elder Law, we've discovered that the answer isn't always about dollars and cents. Sometimes, a seemingly ordinary item – like a four-foot metal chicken sculpture that barely fit in an attorney's SUV – becomes the pivotal element in resolving an estate dispute. Why? Because it connected our client to precious memories of her father sitting beside it on the porch. These unexpected treasures represent something beyond monetary worth. They embody our stories, our connections, and the unique legacy we hope to leave behind. While traditional assets like bank accounts, retirement funds, and real estate form the backbone of estate planning, we've learned that baseball gloves from high school, comic book collections, and even China sets can carry immeasurable personal significance. Pets represent another frequently overlooked but emotionally critical asset. For many clients across Western Carolina, ensuring proper care for their beloved animals is a top priority. Through specialized pet trusts, we can designate caregivers and allocate funds specifically for their continued wellbeing. This approach honors the deep bonds that make pets genuine family members deserving protection through thoughtful estate planning. What truly sets effective estate planning apart is customization. Each plan we create reflects the unique values, priorities, and circumstances of the individual it serves. Whether litigating to protect cherished possessions or planning ahead to safeguard what matters most, we focus on developing solutions that honor your specific wishes. After all, your estate plan isn't just about distributing assets – it's about preserving the culture, memories, and legacy that make your family unique. Ready to protect what matters most to you? Call us at 1-888-999-6600 or visit mcelderlawcom/scheduling to arrange your free consultation with one of our experienced estate planning attorneys. Let us help you create a plan that truly reflects what's important to you.…

1
Heir Today, Gone Tomorrow: Navigating the Choppy Waters of Disinheritance 11:01

8 weeks ago11:01

11:01

1
Meet Our Newest Attorney: John Miller III 12:57

9 weeks ago12:57

12:57

In this engaging episode, we introduce John Miller III, the latest addition to our Hendersonville office. John's journey from growing up in Asheville to practicing law in North Carolina is filled with insights relevant to anyone interested in the legal profession. With a wealth of experience in real estate law, he brings valuable expertise to estate planning, underscoring the importance of protecting your assets and your loved ones. As a seasoned attorney, John has navigated thousands of real estate transactions, gaining a profound understanding of how property ownership works and its implications for estate plans. This episode dives deep into how John's background complements the needs of our community, particularly as it relates to serving the growing retiree population in Hendersonville and surrounding areas. Listeners will discover how building personal connections with clients has transformed John’s approach to law, moving beyond mere transactions to foster meaningful relationships. He emphasizes the importance of understanding clients’ values and goals for effective estate planning, making this episode a must-listen for anyone interested in how to safeguard their legacy. Join us as we discuss the future of our firm and our vision for expanding our reach to provide tailored legal service to those who need it most. We invite you to connect with us for a free consultation to discuss how estate planning can protect your assets and ensure your peace of mind. Don’t miss out on this insightful discussion!…

1
Undue Influence Unveiled: Protecting the Vulnerable 11:43

10 weeks ago11:43

11:43

In this episode, we tackle the complex and often heartbreaking issue of undue influence in estate planning. With insights from litigation Attorney Jane Dearwester and the compassionate host Jordan McIntyre, we shine a light on how vulnerable individuals are sometimes manipulated into altering their wills or trust documents for the personal gain of others. Through compelling case studies, we illustrate the concerning realities of family members or caregivers misusing their positions of trust to exploit the elderly. Listeners can expect to learn about the legalities surrounding undue influence and the evidentiary requirements involved in proving such cases in North Carolina. Dive into pivotal discussions about identifying signs of coercion, recognizing the motives behind manipulative behaviors, and understanding the protections the law offers to safeguard against these despicable acts. Ultimately, we underscore the importance of proper estate planning as a tool to prevent such scenarios, enabling individuals to have their wishes respected even in vulnerable moments. Join us for a heartfelt conversation with valuable insights that could make a difference to you or your loved ones. Don’t forget to subscribe, share with your community, and follow our journey in fighting for what’s right!…

1
Proactive Planning: Tips for Alzheimer's and Dementia Families 8:39

11 weeks ago8:39

8:39

What if you could take the stress out of future healthcare decisions for yourself and your loved ones? Join us for a crucial conversation with attorney Jordan McIntyre and managing attorney Samantha Gordon from our Charlotte office, as we explore the essential steps to shield yourself from the potential impacts of dementia or Alzheimer's. We promise to equip you with the knowledge to establish vital documents like the General Durable Power of Attorney and the Healthcare Power of Attorney, ensuring that your loved ones can seamlessly make decisions on your behalf without the emotional turmoil of guardianship proceedings. Throughout this enlightening discussion, Samantha and I emphasize why it's important not to assume that marriage automatically grants authority in these matters. Learn how a financial power of attorney can empower your appointed agent to manage real property, bank accounts, and even long-term care arrangements. By setting up these documents while you still have the capacity, you can safeguard your family's future against unnecessary court interventions. This episode is your guide to proactive planning for peace of mind, effectively protecting your future and those you care about the most.…

1
Keeping Your Love Story Strong: Protecting Each Other with Legal Tools 13:24

12 weeks ago13:24

13:24

Can a marriage certificate truly safeguard your assets and protect your loved ones? Join us as we explore this provocative question with attorney Brendan Begley and Samantha Gordon from McIntyre Elder Law. In our special Valentine's Day episode, we promise to uncover the truth about marital rights and estate planning, debunking common misconceptions along the way. Brendan and Samantha share captivating real-life examples that highlight the essential role of wills and powers of attorney in ensuring seamless asset management and decision-making, particularly in cases of incapacity. Throughout our conversation, we shine a light on the potential pitfalls of neglecting an estate plan, including how North Carolina's intestate succession laws could lead to unintended asset distribution. Discover why even spouses need a power of attorney to handle individual accounts and manage shared property effectively. We emphasize the necessity of establishing foundational estate planning documents to avoid legal complications as you age, especially if minor children are involved. If you're contemplating the future of your family's security, tune in for valuable insights and learn how proactive planning can safeguard your family's legacy. For those seeking personalized advice, McIntyre Elder Law is offering free consultations to help you take control of your estate planning needs.…

1
Standing Up Against Nursing Home Abuse: Litigation, Advocacy, and Family Support 10:09

13 weeks ago10:09

10:09

Nursing home abuse is a harsh reality that we cannot ignore, and understanding the gravity of this issue is crucial. Join us, Brenton Begley and Greg McIntyre, as we share saddening tales of neglect that highlight the urgent need for accountability in nursing home facilities. From falls due to inadequate supervision to severe injuries from improper care, we explore the devastating impact these events have on families. Navigating the complexities of these cases, which often straddle the realms of personal injury and medical malpractice, requires seasoned litigators who can cut through the finger-pointing and fight for justice. Our experience in elder law not only equips us to advocate fiercely when harm occurs but also to safeguard family assets through thoughtful estate planning. We’re also announcing upcoming discussions on pressing nursing home litigation issues. Whether you're confronting these challenges yourself or supporting a loved one, our firm is here to help with a free consultation to explore the actionability of your case. Simply reach out via 1-888-999-6600 or use our online scheduling tool at mcelderlaw.com/scheduling to secure this opportunity. We express our heartfelt gratitude for your trust and encourage you to leverage these resources for the legal support you deserve. Don’t miss this chance to gain valuable insights and learn how we can stand by you in these trying times.…

1
Protecting Your Estate: Navigating Debt Management and Planning for the Future 16:06

13 weeks ago16:06

16:06

1
Ensuring Stability through Special Needs Trusts 12:49

15 weeks ago12:49

12:49

Unlock the secrets to securing your loved ones' financial future with the expert insights of attorneys Greg McIntyre and Samantha Gordon. On this episode of the Elder Law Report, we navigate the world of special needs and supplemental needs trusts, crucial tools that help protect individuals with disabilities without risking their eligibility for government benefits. Samantha illuminates the distinctions between first-party and third-party trusts, and provides practical examples, such as when a first-party trust is essential after a significant financial settlement. This is a must-listen for anyone looking to fortify their estate planning strategy against unforeseen circumstances. Join us as we explore the intricacies of setting up these trusts, whether initiated by an individual, a family member, or through a legal process. Samantha guides us through the scenarios where these trusts become indispensable, such as ensuring benefits continuity for those who might inherit assets or receive settlements. We also tackle the complexities of establishing trusts for potential future disabilities in children or grandchildren, ensuring peace of mind in your estate planning. Don't miss this opportunity to gain valuable knowledge on safeguarding your loved ones' financial stability while navigating the challenges of government benefits and disability considerations.…

1
Crafting a Personalized Estate Plan for 2025: Insights from Attorney Samantha Gordon 4:49

16 weeks ago4:49