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Elder Law Report

Elder Law Report

著者: 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 個人的成功 政治・政府 政治学 自己啓発
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  • Deeds, Trusts, and Not Losing Your House to the State
    2025/05/07

    Your home represents years of memories, hard work, and financial investment—but does your estate plan adequately protect this precious asset? In this illuminating conversation, estate planning attorneys Jane Dearwester and Jordan McIntyre share their expertise on safeguarding your real property for future generations.

    Drawing from her 15 years of real estate litigation experience, Jane explains why protecting property assets ranks among clients' top concerns. The good news? Multiple strategies exist to secure your real estate holdings. The attorneys break down the power of Ladybird Deeds (enhanced life estate deeds), which allow you to maintain complete control of your property during your lifetime while designating exactly who receives it after your passing—all while potentially qualifying for benefits like Medicaid without surrendering your home.

    For those with property in multiple states or investment real estate portfolios, trust planning offers sophisticated protection against probate complications. As Jane explains, "You only need one trust to hold multiple properties from multiple states." The conversation also addresses special considerations for South Carolina properties, where alternative approaches like joint tenancy with rights of survivorship provide similar protections in a state that doesn't recognize Ladybird Deeds.

    Whether you're protecting your family home or managing multiple investment properties, proper estate planning prevents your real estate from becoming vulnerable to creditors through probate. Connect with the attorneys at McIntyre Elder Law in Shelby, Charlotte, or Hendersonville to develop a customized strategy that preserves your property legacy. Visit mcrlaw.com or call 1-888-999-6600 to schedule your consultation today and ensure what you've built remains protected for generations to come.

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    8 分
  • My Parent Went to the Nursing Home... Now What?
    2025/04/30

    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.

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    12 分
  • Death, Taxes, and Bank Accounts: The Surprising Truth Your Banker Won't Tell You
    2025/04/15

    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.

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    11 分

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