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Elder Law Report

Elder Law Report

Auteur(s): 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 Développement personnel Politique Réussite Sciences politiques
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  • Nursing Home Costs in 2025: Planning Ahead to Save Your Estate
    Sep 10 2025

    What would you do if you knew there was a 70% chance a meteor would hit your home? You'd move, right? According to the Department of Health and Human Services, that's the same probability seniors face for needing long-term care—yet most aren't prepared for the financial impact.

    Nursing homes in North Carolina now cost between $8,000-$13,000 monthly, amounting to a staggering $100,000-$150,000 annually. Without proper planning, these expenses can quickly deplete a lifetime of savings and even force the sale of your family home. But there's good news: with advance planning, you can protect what you've worked so hard to build while ensuring you receive the care you need.

    Attorneys Greg McIntyre and Haley Matson outline powerful asset protection strategies including irrevocable trusts that shield investments and savings from being counted for benefits purposes. They explain how LadyBird Deeds allow you to maintain control of your home during your lifetime while protecting it from Medicaid recovery after death. Essential legal documents like Powers of Attorney prevent court-appointed guardianship and empower trusted individuals to implement asset protection strategies if you become incapacitated. As Attorney McIntyre emphasizes, "Preparation is better than cramming the night before for the test"—a few degrees off course now can put you in the wrong place years later.

    Don't risk losing everything you've worked for to pay for long-term care. Schedule a free consultation with the experienced team at McIntyre Elder Law by visiting mcintyreclderlaw.com/scheduling or calling 1-888-999-6600. Their comprehensive approach addresses both estate planning and benefits qualification to give you peace of mind and financial security as you age.

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    12 min
  • Fiduciary Duty: What Trustees MUST Know
    Aug 27 2025

    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.

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    6 min
  • Spousal Protection: Navigating Nursing Home Costs
    Aug 20 2025

    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.

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    21 min
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