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 you're legally bound to a set of duties including loyalty, impartiality, and prudent administration. They highlight the specific legal frameworks governing these responsibilities, pointing to Chapters 32C and 36 of North Carolina law where these duties are formally outlined. For anyone serving as a trustee, understanding these legal requirements isn't optional—it's essential to protect both the beneficiaries and yourself.

The conversation takes a practical turn when the attorneys identify the most common pitfalls they've observed in their practice. They emphasize the dangers of mixing personal and fiduciary funds, particularly when close family relationships are involved. Using trust assets for personal benefit, ignoring the explicit terms of trust documents, and failing to keep detailed records can all lead to serious legal consequences. Their advice is straightforward: document everything, communicate openly with beneficiaries, and seek professional guidance when needed. McIntyre Elder Law offers comprehensive support for trustees, from explaining document terms to handling accountings or even taking over administration duties when the responsibility becomes overwhelming. Whether you're a new trustee just learning your duties or an experienced one facing challenges, their team is available for consultation at offices in Shelby, Charlotte, and Hendersonville.

Ready to understand your trustee responsibilities better? Schedule a free consultation by calling 1-888-999-6600 or visiting the firm's website to explore their educational resources on fiduciary duties and trust management.

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 demolish common misconceptions about spousal protection while revealing powerful strategies to preserve assets. The duo emphasizes that marriage alone doesn't grant financial authority over a spouse's assets—a dangerous assumption many couples make. They detail why a comprehensive general durable power of attorney with specific gifting provisions serves as the essential "linchpin" for any protection plan.

The attorneys explain two game-changing tools most people never hear about: Lady Bird deeds and Medicaid Asset Protection Trusts. Lady Bird deeds offer immediate home protection without Medicaid's five-year look-back period—allowing you to maintain complete control of your property while shielding it from recovery. For broader asset protection, irrevocable trusts create crucial separation between you and your assets while still allowing you to receive income benefits. As Greg explains, "You get the benefits as the lifetime income beneficiary and you get the benefit of the long-term care benefit. It's just a win-win."

With 70% of people over 65 eventually needing long-term care, preparation isn't optional—it's essential. Take the first step toward protecting your spouse and preserving your legacy by scheduling a free consultation at mcelderlawcom/scheduling or calling 1-888-999-6600.

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 "Eat the Frog First" principle, suggesting that addressing our most challenging tasks first—like healthcare directives and asset distribution plans—allows everything else to flow more easily. When we face these difficult conversations head-on, we experience reduced anxiety, improved health, and the comfort of knowing our affairs are properly arranged.

Greg acknowledges that family dynamics sometimes make direct conversations about inheritance, healthcare decisions, and financial matters problematic. That's where professional guidance creates a crucial "safe space" for expressing wishes confidentially. Through proper planning, you can prevent guardianships, protect your home and retirement accounts, and provide clear direction for your loved ones during challenging times. Despite his own admitted discomfort with discussing death, Greg emphasizes that these conversations remain essential for responsible family planning.

Ready to create your personalized end-of-life plan in a judgment-free environment? Schedule a free consultation by calling 1-888-999-6600 or visit mcelderlawcom to secure peace of mind for yourself and your family today.

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 homeowners who have built substantial equity over decades – particularly in urban areas with higher property values – this could create unexpected barriers to receiving necessary care. Fortunately, several protective measures remain available, including convertible trusts, irrevocable Medicaid asset protection trusts, and traditional life estate deeds, but timing is critical. These strategies must be implemented outside the five-year look-back period to be effective.

The legislation also introduces more frequent eligibility redeterminations (now semi-annual rather than annual) and reduces the retroactive coverage period from 90 days to just 30 days. This shortened window makes immediate action essential when facing a healthcare crisis. Waiting even a few weeks to begin the application process could result in thousands of dollars in uncovered expenses that previously would have been retroactively covered.

Despite these challenges, proactive planning remains your strongest defense. By putting protective measures in place before they're needed, you can avoid sacrificing your home or other assets due to a long-term care situation that's no fault of your own. The tools available haven't changed – but the urgency of implementing them has increased substantially.

Ready to protect what you've worked so hard to build? Call us at 1-888-999-6600 to schedule a free consultation. Let's develop a strategy that shields your assets while ensuring you maintain access to the care you may need in the future.

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.

The Western North Carolina real estate landscape has undergone a dramatic shift, transitioning from a seller's market to a buyer's market in just one year. Jason expertly breaks down the factors driving this change, including the phenomenon of "rate hostages"—homeowners with exceptionally low mortgage rates who feel trapped in properties that no longer suit their needs. For seniors considering downsizing or families managing estates, understanding these market dynamics is crucial to making informed decisions.

Perhaps most valuable is the discussion of North Carolina's unique real estate contract system, which heavily favors buyers and can leave unprepared sellers vulnerable. Through a compelling case study, Jason demonstrates how professional pricing strategy resulted in a quick sale at $68,000 above asking price with favorable terms for the seller. This practical example highlights why emotional attachment to property must be balanced with objective market analysis—something that professionals bring to the table. Whether you're planning for long-term care transitions or managing inherited property, this episode offers invaluable insights on protecting your most significant assets with expert guidance.

Subscribe to our podcast for more conversations about protecting your assets and planning for life's transitions. Have questions about real estate and elder law? Contact McIntyre Elder Law today to schedule a consultation with our experienced team.

What exactly is a trust, and do you really need one? Attorneys Haley Matson and Jane Dearwester tackle these questions head-on in our latest episode, breaking down complex legal concepts into practical, actionable information.

Think of a trust as a private container for your assets with specific instructions attached. Unlike the common misconception that trusts are exclusively for the wealthy, they serve numerous practical purposes for everyday people. Single parents protecting inheritances for minor children, individuals with disabled family members, business owners safeguarding their enterprises, and property owners with real estate in multiple states all benefit significantly from trust planning.

We explore how trusts offer superior asset protection compared to traditional wills, helping shield your hard-earned resources from creditors and providing controlled distribution to beneficiaries. For those concerned about potential long-term care needs, specialized trusts can help preserve assets while qualifying for government benefits. Most importantly, trusts give you remarkable control over your legacy - allowing you to specify not just who receives your assets, but how and when they receive them.

Not everyone needs a trust, and that's okay too. The key is understanding your unique situation and planning accordingly. Whether you're concerned about protecting minor children, managing complex assets, or simply want to avoid probate, this episode provides the foundational knowledge you need to make informed decisions about your estate planning. Ready to take the next step in securing your legacy? Visit our offices in Charlotte, Hendersonville, or Shelby for a personalized consultation.

Early Conversations and Legal Documents for Aging Parents: Jordan McIntyre emphasized the importance of discussing aging and estate planning early to ensure legal documents are in place. These crucial documents include powers of attorney and a will, which help manage assets outside of probate. Greg McIntyre highlighted the dangers of not having these documents, such as losing capacity and needing to go through guardianship proceedings to manage financial, legal, or healthcare matters.

Protecting the Home and Tailored Planning: Jordan McIntyre suggested a "lady bird" deed as a simple and powerful way to protect a home. Greg McIntyre added that a trust could also protect the home and other financial assets, stressing that each family's situation, assets, and needs are unique, requiring an individualized plan. They mentioned that foundational documents like a general durable power of attorney, healthcare power of attorney, living will, and last will and testament are mandatory to avoid future complications and forced guardianships.

Key Planning Tools and Consultations: Greg McIntyre further elaborated on essential planning tools, including deed protections like life estate deeds and ladybird deeds, as well as various trusts such as revocable living trusts and irrevocable trusts like Medicaid asset protection trusts. They concluded by offering consultations for families to create a tailored plan for their specific needs, which can be scheduled at mcelderlaw.com/scheduling

What happens when disaster strikes without warning? A vacation accident, a sudden health diagnosis, or an unexpected incapacitation can leave you and your loved ones vulnerable if you haven't prepared properly.

Throughout this eye-opening conversation, we explore the critical importance of crisis planning and what options exist when emergencies occur. While we stress that pre-planning is always the best approach, we also walk through realistic scenarios and solutions for those caught unprepared. For those who remain competent during a crisis, emergency powers of attorney can be established for both financial and healthcare decisions. When capacity is lost, family members must navigate the more complex process of guardianship—a route that becomes necessary when no advance directives exist.

We share real-world experiences with clients who wisely planned before adventure travel, those racing against time after receiving difficult health news, and families forced to pursue emergency guardianships for vulnerable loved ones. The contrast between pre-planned and crisis-driven solutions reveals just how much additional stress, expense, and complication can be avoided with some advance preparation. Simple measures like establishing beneficiaries on accounts, creating powers of attorney, and developing basic estate plans provide crucial protection when you need it most.

Don't leave your legacy and your loved ones' peace of mind to chance. Contact us to learn how straightforward planning can provide the protection and certainty your family deserves, no matter what unexpected challenges life may bring. We're committed to helping you protect what matters most, with convenient consultations available in Shelby, Charlotte, and Hendersonville.