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Elder Law Report

Elder Law Report

Von: Greg McIntyre J.D. M.B.A.
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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.© 2025 Elder Law Report Persönliche Entwicklung Persönlicher Erfolg Politik & Regierungen
  • Your Toddler Doesn’t Need A Lamborghini: Smarter Ways To Leave Money To Kids
    Dec 31 2025

    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 with the basics of incapacity planning—why marriage alone doesn’t grant authority over real estate, retirement accounts, or medical decisions—and how durable financial powers of attorney, health care proxies, HIPAA releases, and advance directives keep life moving when you can’t. Then we unpack intestacy rules that may divert assets to parents instead of your spouse, and how a simple will puts your wishes first. The heart of the conversation centers on minor children: choosing the right guardian, setting clear priorities in the will, and coordinating that choice with the person who will manage the money.

    From there, we explore how to design trusts that match real life. Rather than dropping a lump sum at eighteen, structure distributions for health, education, maintenance, and support; stagger access over time; and give your trustee the discretion to pause or accelerate funds based on maturity. We share practical incentive ideas—proof of employment, vocational or college progress, sobriety requirements, or military service—that align money with meaningful milestones. Along the way, we highlight common pitfalls with beneficiary designations and offer guidance on picking fiduciaries who blend heart and expertise.

    If you’re expecting or recently welcomed a child, this conversation helps you turn love into a concrete plan that protects your spouse, centers your kids, and preserves your values. Subscribe for more clear, practical guidance on estate planning and elder law, share this with a friend who needs it, and leave a review to tell us what topics you want next.

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    10 Min.
  • Why Ladybird Deeds Now Strongly Protect North Carolina Homes From Medicaid
    Dec 17 2025

    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 care costs or probate, this is your blueprint for legal protection that holds up under scrutiny.

    We walk through the core mechanics of a Ladybird deed: the owner keeps full control, including the power to sell, while naming a remainder beneficiary to inherit the property at death. That retained control is the key—because it’s not a transfer for less than fair market value, the deed avoids penalties that can derail Medicaid applications. Pair it with the home site exemption and a signed intent to return, and you have a clearer path to eligibility while still protecting the family residence. We discuss how the manual’s citations solidify this approach for nursing home care and special assistance, creating consistent guidance across programs.

    Beyond eligibility, we explore the real benefits for legacy planning: avoiding probate, reducing delays and costs, and keeping equity in the family for children and spouses. Married couples can use this tool on a primary residence, and families with farms or condos can preserve assets that mean more than a balance sheet. We share on-the-ground insights from appeals and client outcomes that helped drive policy clarity, and we explain when to use Ladybird deeds alongside powers of attorney and other planning tools for a comprehensive, resilient plan.

    If home is your anchor asset, you don’t have to choose between care and legacy. Learn how a properly drafted Ladybird deed can protect your equity, streamline inheritance, and meet Medicaid rules with confidence. Subscribe for more clear, practical elder law guidance, share this with someone who needs it, and leave a review to help others find these resources.

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    6 Min.
  • Prepare For Storms You Can See And Those You Can’t
    Dec 3 2025

    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 Hendersonville team built resilience: checking on staff across elevations, setting remote work protocols, and keeping signings and client support moving even when the power blinked and supplies thinned.

    We carry those lessons straight into your home and finances. Jane breaks down the essential documents—durable financial power of attorney, health care power of attorney, HIPAA release, living will, will or trust—and explains how they prevent guardianship, unblock access to accounts, and keep medical decisions in trusted hands. We also dive into property strategies like Lady Bird deeds and how trusts can protect assets and streamline benefits, especially when timing and eligibility matter. The message is clear: planning early gives you options; waiting narrows your choices at the exact moment you need them most.

    If you’ve ever wondered whether four-wheel drive equals safety, Jane’s PSA says otherwise: it helps on snow, not on ice. The legal parallel is powerful—good intentions slide, signed authority grips. You’ll hear practical tips for winter kits (boots, blanket, charger), a simple activation sheet for families, and the operational steps that keep a practice serving clients when roads close. Use this conversation as your cue to put both kinds of preparedness in place. Subscribe for more practical guides, share this with someone driving into winter unprepared, and leave a review with the one action you’re taking this week to secure your plan.

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    13 Min.
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