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Elder Law Report

Elder Law Report

By: 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 Personal Development Personal Success Political Science Politics & Government
Episodes
  • 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 mins
  • How To Weave Charitable Gifts Into Your Estate Plan This Holiday Season
    Nov 26 2025

    Big-hearted plans beat vague intentions. We dig into clear, workable ways to support the causes you care about—without neglecting the people you love. From simple will language to more advanced tools, this conversation breaks down how to structure charitable gifts so they’re easy to carry out, tax smart, and aligned with your values.

    We start with the building blocks: specific gifts versus percentage bequests, and how beneficiary designations on life insurance, retirement accounts, and bank accounts can direct support straight to a nonprofit while avoiding probate. Then we go deeper on strategy. Charitable lead trusts send income to a charity for a set term before the remainder goes to your family; charitable remainder trusts do the reverse, paying you or loved ones first and gifting the remainder to your chosen organization later. Both can provide meaningful tax advantages when designed with care.

    Throughout the conversation, we connect planning to purpose. If your heart is with animal rescue, education, your church, or a local community group, a few precise decisions can produce outsized impact. We share practical examples—like gifting 20 percent of an estate to a humane society—and why end-of-year is a natural time to review documents with your estate attorney and tax advisor. And while the legal tools matter, small daily acts of generosity build the same legacy in real time, reinforcing the story your plan will one day tell.

    Ready to align generosity with a plan you trust? Listen now, subscribe for more practical elder law insights, share this episode with someone who’s planning their legacy, and leave a review to tell us which cause you’re supporting this season.

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    7 mins
  • 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 mins
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