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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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  • Ladybird Deeds Made Clear
    Nov 19 2025

    Want a simple way to keep full control of your home today and pass it to your heirs instantly when you’re gone? We dig into the nuts and bolts of the Ladybird deed—formally called an enhanced life estate deed—and explain why it’s a powerful, court-tested tool in North Carolina and beyond. You’ll hear how it avoids probate, preserves eligibility for long-term care Medicaid, and protects against certain estate creditors, all while letting you sell, refinance, rent, or change beneficiaries without anyone else’s permission.

    We start by cutting through the Google noise and clarifying the legal status: yes, enhanced life estate deeds are valid in North Carolina when drafted with the right language. Then we share a real client story that shows the practical benefit: after a parent passed, the heir didn’t face court lines or paperwork tangles—the home was already theirs. From there, we compare Ladybird deeds to traditional life estate deeds, showing how the “enhanced” powers keep decision-making in the owner’s hands and eliminate the need for beneficiary signatures for future sales or mortgages.

    We also tackle multi-state naming quirks, why some states don’t list “Ladybird deed” yet still use the same operative clauses, and how these deeds function like a “payable on death” designation for real estate. Along the way, we connect the strategy to larger estate planning goals: shielding the home from Medicaid estate recovery, reducing delays and fees, and coordinating with beneficiary designations, powers of attorney, and healthcare directives to build a complete plan. If you want a clear, low-friction path to protect your home and spare your family from probate, this conversation lays out the steps.

    Ready to safeguard your home and keep your options open? Subscribe, share this episode with someone who needs it, and leave a review to help more families find practical elder law guidance.

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    8 min
  • Veteran’s Benefits in Estate Planning: What You Should Know
    Nov 12 2025

    Benefits you earned shouldn’t be out of reach just because the rulebook is complex. We sit down on Veterans Day to map a practical path to VA Aid and Attendance—a pension that can help pay for in‑home care, assisted living, or nursing home care—without draining a lifetime of savings. Drawing on years of elder law practice, we unpack the real asset limits, the home and acreage rules, and the underused Veterans Asset Protection Trust that can shield excess resources and still keep you in control.

    Across the conversation, we focus on preserving dignity and choice. You’ll hear how to balance everyday access to funds while sheltering the rest, how to select a trusted third‑party trustee, and why a well‑timed trust can be Medicaid‑compliant so you can stack Aid and Attendance with Medicaid when health needs escalate. We also lay out the essential foundation: a general durable power of attorney, a health care power of attorney, and a living will—documents that prevent guardianship and keep decision‑making with the people you choose. For the home, we explain probate‑avoidance strategies like a Lady Bird deed to protect equity and ensure it passes cleanly to your heirs.

    Whether you’re a veteran, a spouse, or a surviving spouse, the goal is clear: protect what you’ve built, activate the benefits you deserve, and keep control over where you live and how you’re treated. If you’ve wondered how to qualify for VA Aid and Attendance, avoid unnecessary spend‑downs, and steer clear of probate, this guide offers the steps and the reasoning behind them. Subscribe for more elder law insights, share this with a veteran who could use it, and leave a review to help others find trustworthy planning advice.

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    11 min
  • From Environmental to Elder Law: Introducing Attorney Josh Hunter
    Nov 5 2025

    Meet the newest member of our elder law team, attorney Josh Hunter—a history major turned lawyer who pairs environmental policy training with a calm, strategic approach to complex family needs. We walk through the realities of apprenticeship in a focused practice: why mastering estate planning, long-term care benefits, probate, trust administration, and litigation takes more than textbooks, and how mentorship builds judgment you can trust when decisions affect generations.

    Josh shares how law school flipped on the lights for him, revealing how constitutional principles and precedent actually operate in daily life. He then took a deeper dive into environmental law and policy, a choice rooted in his love for the outdoors and a commitment to stewardship. That same respect for systems shows up in his legal work—translating rules into practical, compassionate solutions for older adults and their families.

    Outside the office, Josh recharges with daily hikes and powerlifting, a routine that keeps stress low and focus high, especially after dense research days. He’s also a strategy gamer—Dungeons & Dragons, Magic: The Gathering, and Pokémon—where creativity thrives inside strict rule sets. That habit maps directly onto elder law: analyze the rules, design the path, and adjust with care and precision. As Josh steps into our Hendersonville office, he’s eager to learn the courthouse rhythms, collaborate with our experienced team, and serve a vibrant retirement community with clarity and heart.

    If you value thoughtful counsel that blends empathy with disciplined problem solving, you’ll enjoy getting to know Josh. Subscribe to the show, share this episode with someone navigating estate or long-term care planning, and leave a review to help others find us.

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    17 min
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