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Is the Will Dead?

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Is the Will Dead?

     The last will and testament is a legal concept that has truly stood the test of time. The super ambitious and cut throat (literally) aristocrats of ancient Rome utilized wills to pass their fortune and legacy to their heirs, so that they may have the foundation to gain even more power and influence. In fact, Julius Caesar, famously willed his son, Emperor Octavius, the necessary tools to fund and facilitate his rise to power. The will was also used in ancient times (much like today) to direct the disposition of assets held by soldiers before an impending battle. Nowadays, the will is still widely utilized to preserve assets and legacies for the next generation.

Wills have only slightly evolved from the time of ancient Rome. Even though industrious attorneys can insert complex estate plans into a will, the basis of the document, the manner by which it is executed, and the way in which the wishes of the testator are fulfilled have changed very little over time.

     Although wills have not much evolved, the laws governing disposition of assets upon death have. Through crafty use of trusts, deeds, and payable upon death/transferrable on death accounts, an individual can pass most or all of their assets to the next generation without a will. As a result of the creation of these creative methods, more and more individuals are being advised to pass their property by other means than their last will and testament.

Benefits of Avoiding Probate

     There are benefits to passing property outside of a will. One of these benefits is the avoidance of probate. Probate is the legal method by which the testator’s wishes contained in the will are fulfilled. Probate involves utilizing the courts and it requires that a personal representative (executor) be appointed to manage the estate. This can be a lengthy process and can be impeded by litigious individuals who wish to contest the will. This process can also be expensive and involve attorney’s fees and executor’s fees that take money from the estate. Besides the expense, the executor must contribute considerable time and effort in handling the estate.

     Further, a will, without more, does not afford much flexibility. You may want to direct your assets to be devised at a certain time, manner, or upon the happening of some event. A will alone is not a useful method to fulfill the strategic wishes of the testator.

     Lastly, a will is a public document that is filed with the court after the death of the testator. Thus, the words and statements contained in the will are potentially available for all to see.

The Case to Keep Wills Alive

     So, if a will is antiquated, inflexible, time consuming, public, and potentially unnecessary, then should you even create one? The answer, as it so often is in this area of the law, is it depends. Wills certainly still have value and utility depending on your particular case. In deciding whether you should have a will you should consider the following:

     I. The size of your estate: a will can make the process of passing along your estate very simple if you have a small estate or if you leave everything to your spouse. In North Carolina, if you have a small estate (typically under $30,000 and with no real property) your executor can file to collect your assets by affidavit, which is essentially an expedited probate process. North Carolina also allows a surviving spouse to petition the court for another form of expedited probate called summary administration if they are the sole beneficiary.

     II. Affordability: your assets and wishes may not necessitate a complex and expensive estate plan. Wills typically cost less than other estate planning methods. If you have a small estate and have predetermined your intended beneficiaries, it may be in your best interest to simply have a will drafted rather than a potentially costly trust package that will essentially do the same thing.

     III.  Whether you need a backup document: as I briefly mentioned, there are a few ways to avoid probate (we will call it the “assignment process”). To name a few, you can assign a beneficiary to an account (if available), you can utilize life estate or joint tenant with rights of survivorship deeds, and you can utilize trusts. If your goal is to avoid probate so that your heirs receive property immediately upon your death, you can pretty much do so by assigning beneficiaries to accounts and doing deed work. However, the property left over—with no assigned beneficiary—either must be passed through a will or through trust, if you want to avoid it passing through intestate succession. As mentioned above, a trust can be expensive and unnecessary, especially if the assets left behind after the assignment process are few, of small or sentimental value, or are simply personal household property. In that case, there is no use in drafting an expensive or complicated document.

     IV. Whether you have the need for a trust during your lifetime: trusts are very useful vehicles, especially for those who have very specific desires of where and when they would like their property to pass.  A trust allows the living or deceased grantor to have their hand on the wheel, directing the disposition of assets. You may desire to keep one hand outside the grave, controlling your wishes; however, you may not have any use for a trust during your lifetime. In this case, it may be more feasible to draft a will containing a trust effective upon death. A testamentary or pour-over trust can be created by a will, whereby some or all of your assets will pour-over from the will and into a trust upon your death. This allows the decedent to potentially structure their devises to benefit their heirs for multiple generations.  

 In Conclusion

     There are significant benefits to avoiding probate and there are many ways to do so. However, there is a reason why the last will and testament is still being used today. The ancient concept of the will has yet to die because there is still a need for it, whether it be for the reasons mentioned above or for the mere fact that you wish to emulate a Roman emperor.

     Whatever you decide, will or no will, you should take the time to develop a plan of how you would like to pass along your assets. You want to leave behind a legacy that will benefit the ones you love and cherish. And, you do not want your loved ones to be burdened by the both the tragedy of your passing and the legal complexity of having no plan in place.

 

Brenton S. Begley, JD, LLM Taxation

Attorney with McIntyre Elder Law

Elder Law Report: Spend Downs

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What do you do when you have too many assets?

Having too many assets can stop you from qualifying for Long Term Care Medicaid for nursing home care or Special Assistance Medicaid which pays for assisted living care here in North Carolina. There is a three year look back period for assisted living care, and a five year look back period for nursing home care. This can be very troubling for people who haven’t planned ahead.

So, what do you do?

Below are eight standard spend down options.

  • Pre-Paid Funeral Plans.
  • A New Car
  • Nursing Home or In-Home Care Expenses
  • A New Home
  • Home Improvements
  • Households Goods or Personal Effects
  • Debt Repayment
  • A Vacation

 

These eight options are in no particular order and are Medicaid’s rules. So, let’s talk about each one.

  • Pre-Paid Funeral Plans

For example: You could put $10,000 towards future funeral costs. You can purchase a life insurance policy or place money in a trust account of the funeral home. Just pick a reputable funeral home.

  • Purchasing a New Car

Medicaid doesn’t specify whether you buy a car worth $2000 or $50,000. A person getting long term care Medicaid can have one house and one car in their name.

  • Payment of Nursing Home Expenses

You can pay nursing home, medical and even in-home and assisted living care expenses.

  • Purchase a New Home

You can purchase a new home and still qualify for nursing home or assisted living Medicaid. You can have a residence in your name. This is why Ladybird Deeds are so important. Let’s say you’ve bought a new house or have an existing home and you place a Ladybird Deed on it. That home will then not pass through the probate estate and is not subject to a Medicaid lien. Medicaid knows this, it is their policy. The state of NC has done a great job in allowing seniors and the family of seniors to save their homes and still collect a Medicaid benefit to provide for nursing home and assisted living care. You could place a Ladybird Deed on your home now, and next month or next year if you need the benefit to pay for nursing home or assisted living care, it would be okay under Medicaid policy. You would not be subject to that three year look back period for assisted living Medicaid, or five year look back period for nursing home Medicaid.

  • Making Home Improvements

This doesn’t mean you can put a new wing on your house, but you can maintain the existing structure. Your house may need a new roof, an updated kitchen, or new flooring, so you can upgrade your house.

  • Household Goods or Personal Effects

The definition of personal goods is ‘privately owned items (clothing and jewelry) normally worn or carried on the person.’

  • Debt Repayment

This could mean paying off credit card debt, Visa, Mastercard, household bills, or even a mortgage. If you owe $50,000 on your mortgage, you could pay that off or pay it down. That’s a value savings allowed in the Medicaid rules right now. It allows you to transfer over from a bank account or retirement account directly to your house. The benefit of this is, hopefully, over time, the value of your house will appreciate, but the asset isn’t as liquid than a bank account.

  • Vacation

What does this mean? My thoughts about why this is in the rules is, sometimes you may have a spousal caregiver, (and it would be the community spouse taking the vacation), who has been caring for a loved one at home for a long time. If you Google, ‘Spousal Caregivers’ or ‘Family Caregivers’, you will see evidence that the role of caregiver can diminish that caregiver’s lifespan. This is what respites are for; to recharge, rest, relax and unplug by getting away from everything you have been going through, every day with your spouse. So, you are allowed to take a one or two week vacation under the Medicaid rules.

The eight spend downs above may appear simple but can be quite complicated. There are also many other options than a spend down to protect your hard-earned money and property. For instance, you could use a General Durable Power of Attorney or Ladybird Deed (they are allowed in NC). A Ladybird Deed can protect your home and surrounding property up to a value of $572,000.

If you would like to know more about Medicaid spend downs, look back periods or these other options, you can contact me, Greg McIntyre by calling our Shelby office at 704-259-7040, or our Charlotte office at 704-998-5800. We are also developing an e-course on advanced issues of Medicaid spend downs, which will be available soon, so sign up for our e-newsletter at mcelderlaw.com to get all the updates.

 

Greg McIntyre

Elder Law Attorney

The X-Factor and Indecision

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The X-Factor and Indecision

Lately, I have been in a state of indecision in my business and my life, and I’ve worked with clients who have been indecisive (which is a toxic state of mind.) This was summed up by a friend who once told me, ‘you get killed at the crossroads,’ and it’s true. If you stand still in the middle of a crossroads (the decision) and don’t decide which direction to head, you can really get hurt.

What this all boils down to is this; when a decision needs to be made, making the decision is essential. I work with clients every day who did not make decisions and are suffering because of it.

I hope this will help you make a decision.

I see clients from time to time who have had a stroke, or a fall and a head injury, or have slipped into senility, or are suffering from Alzheimer’s or dementia, and did not have even the basics in place. The basics are the most important part.

We overlook the basics sometimes, such as:

General Durable Power of Attorney

A loved one or trusted individual can come in and plan for you when you need to protect your home, or qualify for a benefit, such as a Medicaid benefit to apply for long term care, or a veteran’s benefit to pay for a veteran’s pension.

There are qualifications to those benefit programs that make it hard to qualify if you don’t have access to bank accounts and real estate to protect them.

I meet with clients in emergency situations and I guarantee all of them have at some point thought, I need to get my affairs in order. I need to put my foundational legal documents together to protect my home, but for some reason they didn’t act. Instead, they talked to their neighbor, or the street lawyer who thinks they know the answers. What they didn’t do is talk to a professional estate planning or elder law attorney who could help them put the right documents in place in time to make a difference.

Once this is done, it’s there, set up and ready if a situation occurs where they’re needed.

Ask yourself, if a healthcare event happens, who will make my healthcare decisions? Who will take care of my family? Will the assets I worked so hard for be preserved? Will I be able to access long term care benefits?

If I don’t plan ahead, it can be over before it begins because implementing a new plan once a healthcare situation occurs, is extremely difficult, if not impossible in some cases. My hands are tired. That is why it’s so important to plan ahead.

Where I see most of my elder law clients is when they’re transitioning towards retirement, or sometimes just past retirement. So, if you have assets, if you have a family, it’s a good thing to sit down and plan how to protect those assets. By doing so, you will benefit your family.

How do you want your legal affairs to be handled once you pass away? How do you want to care for your spouse at that time? All these things can be planned for ahead of time.

Beyond foundational planning, we can help you set up trusts and utilize them, whatever your family needs to protect your home and assets. If you have land or other assets you want your children to have, but you fear your daughter and son in law might part ways, you can protect those assets by Trust planning.

We provide Foundational planning, Trust planning and Crisis planning for long term care situations, Medicaid benefits and veteran’s benefits.

I urge you to be decisive. Make a decision. I call it the X-Factor.

When you are here at the edge of the X, you have all these potential decisions. How will I pay for long-term care, what about Medicaid, setting up Wills, Trusts, Powers of Attorney, Veteran’s benefits, what will happen to the house and assets, and who will get what? It can be overwhelming.

When you focus on the center point of the X, things get easier. By having an estate planning or elder law attorney help you plan, the overwhelm dissolves, things are taken care of and you have peace of mind.

To contact me, Greg McIntyre, call 704-259-7040 or go to mcelderlaw.com and sign up for our e-newsletter.

704-259-7040 Shelby Office

704-998-5800 Charlotte Office

 

Greg McIntyre

greg@mcelderlaw.com

Elder Law Attorney
McIntyre Elder Law

 

Elder Law Report: Law & Technology

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The Clio Cloud Conference. This is all about law and technology.

My background was in technology. I was a computer programmer. That’s how I think of problem solving. I also like to incorporate technology in my work. When I started in elder law I didn’t understand how technology would become such a big part of it, but a lot of what allows us to be efficient and have access to documents for our clients is through technology. Clio offers a conference annually to lawyers and those who work in the technology sector to come together and talk about how best to combine both worlds.

I’m big into systems. Systems help us be more efficient. Even though I came from a technology background, I don’t like technology for technology’s sake, it must add value. It is incredible how much technology we use behind the scenes. Seniors have become very integrated in tech which helps us deliver better services.

I will tell you how we bring value to clients through technology.

Client engagement

When a client contacts us and makes an appointment, we send them a secure digital intake form which feeds back into our database, so we have all the client’s information and assets available on our intake forms. The client can fill these out right from the email.

Also, we are paperless. What I mean by that is this; we had a flood in our old office last year. At the time I was trying to go paperless, but I always had a hard time making the jump. That flood took out a lot of our paper files and pushed me to go paperless.

We use a secure system. When you bring documents into our office, we scan those documents and give the original back to you. We do not want your original documents in our office, unless it’s a Will we’re filing in probate. It is so much more efficient and cost effective to do it this way.

Another thing we have is televisions in our conference rooms. Now that may sound like old tech, but if I’m working on my iPad Pro using my Apple pen, not only am I taking digital notes, I can throw those notes up on the television and draw out concepts for clients. All of this can be sent directly to the clients digital file.

Sometimes telling someone a legal concept is so much more difficult than showing them on a white board or high-tech screen mounted to the wall of your conference room. A picture really is worth a thousand words.

All the documents we scan, are turned into secure but searchable content. So if we’re searching our database or your file, we can pull up any document related to that search.

We offer our clients secure digital access to their files. The client has to setup a password to get in. They can see the work as it progresses and upload documents to their file if we are working on a case for them. This allows us to work quickly and across long distances without any time lapse.

We can also send draft documents via email or through the client’s secure access. This way, they can review those documents before we sit down at a closing. This helps to limit redrafting and taking a lot of time at the closing. We want to get in, explain, answer any questions and sign. I found my clients do not want a closing dragged out for too long.

Information on social media.

Just like the content we are bringing to you today, we are constantly on social media. We bring out a e-newsletter and try to educate potential clients and keep current clients up to date. You can follow us on Facebook, Twitter, Instagram to get up dates and information.

Another way to get direct information on changes in the law, estate planning and elder law concepts and what’s going on in the legal industry is to go to our website, mcelderlaw.com and sign up for the e-newsletter. At least once a week we are putting out an elder law report (Friday 10am), blog posts, I have written books which are available, and as a client you will be kept up to date of any developments. We also record podcasts on important legal matters which you can hear on i-tunes or the Google play store. To limit downtime, we up dated to Mac computers in our office because we want to be efficient and virus free at work.

E-docs access.

E-docs gives the client and their family access and the ability to email, print their documents anywhere they are on planet earth, at any time, 24 hours a day. You receive an e-docs access card in the binder you receive. It is a secure bank level encrypted security system which is a free service we give to our clients.

The technology we use is seamless and our clients enjoy having it available to them. As with any technology, it relies on the people behind it to operate it efficiently and we have a great team. We do our best to make each client feel special and provide them individual attention.

What’s coming

We’re going to start providing webinars to our clients and potential clients around the state. We will provide more information on legal services, educational and self-help informational programs.

If you want to set up a seminar with me, I do not care where you are, my answer is always ‘yes.’ I will figure out a way to get there and I do not charge to come out and give seminars.

I’m Greg McIntyre of McIntyre Elder Law. You can contact me at greg@mcelderlaw.com or contact taylor@mcelderlaw.com or call us at 704-259-7040.

704-998-5800 Charlotte Office

704-259-7040 Shelby Office

Greg McIntyre

greg@mcelderlaw.com

Elder Law Attorney

McIntyre Elder Law

Plan: Caring

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I’ve been doing a lot of thinking about my business plan and whether it makes sense?

Yesterday, I spent the entire day driving to and visiting Creedmore Senior Center, just north of Durham. I was asked to speak about estate planning and elder law because they had listened to our podcasts and watched our videos.

I was honored to go to Creedmore and give a presentation, but I also struggled with it because it cancelled out an entire day of work at my office. I also decided to bring two of my team to assist and make the occasion memorable. Now, I can hear a friend of mine who is an attorney in Rayleigh saying, ‘that makes no economic sense.’

At first glance, he’s right, it doesn’t make sense, but like any entrepreneur, I seek advice from a lot of mentors. One of them said to me the other day, ‘Care about your clients. Care about your audience. Care about something.’

This is what I equate this to:

1-    I’m running a marathon, not a sprint. This is a lifelong passion for me. By using an entire day to provide value (without charging) to a wonderful group of seniors who want to learn about estate planning, elder law, Ladybird deeds and how to protect their hard-earned money and property, I believe this will pay off for our firm and brand. If it doesn’t, I know I have given my all, a lot of love and provided an education and I feel great about it.

2-    On paper, it might seem like a poor business plan, but I believe that love and caring always wins, and that is what I want to be remembered for.

I am super passionate about what I do, and I care about the results.

So, if you want me to speak to your senior group anywhere in North Carolina, send me an email at greg@mcelderlaw.com or call me at 704-259-7040 and ask for either Greg, Andrea or Taylor. We will set up that event, show up and provide a valuable education and tremendous legal advice.

704-259-7040 Shelby Office

704-998-5800 Charlotte Office

 

Greg McIntyre

greg@mcelderlaw.com

Elder Law Attorney
McIntyre Elder Law

Do the New VA Pension Laws Encourage Divorce?

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Do the New VA Pension Laws Encourage Divorce?

By Greg McIntyre, Elder Law Attorney.

I was thinking of the new VA pension rules that go into effect December 18th and I cannot tell you how unfair and inequitable it is to spouses. The majority of people caring for their spouse are women, so I think it’s discriminatory to women, it’s discriminatory to married couples and the question is, does it encourage divorce right there in the rules?

I’m speaking out even though I know sometimes when you stick your neck out, you get your head chopped off, but at least then I’m talking about it.

There are a lot of wives caring for their husbands right now, 24 hours a day, 7 days a week. There are some husbands caring for their wives too, but statistically more women care for men.

I have cases right now where wives are caring for their husbands, and the husbands cannot get their VA pensions because of VA rules that discriminate against spouses as caregivers.

I’m calling a spade a spade. If I get smacked by VA, then whatever, but here’s why I consider this outright discrimination.

VA should change its rules because:

If I needed care, I could bring in any caregiver to give care at my home (such as my daughter) and she could be paid for the care she provides. The payment she receives from the veteran (her father) is counting against his household income. This is for either a single or married veteran because those incomes are counted together.

However, if my wife was caring for me, she cannot count that towards the total income of the household to pay herself. That’s just wrong.

If you get married, it is until death do you part. She is caring for her husband out of loving concern for him, yes, but you should be able to count that against the veteran’s pension.

Why can every other caregiver, no matter who it is, be paid for providing care, but you can’t pay your own spouse and count that off to qualify for your pension?

I do not understand that. I think VA is wrong with these rules.

Where it hits me hard is this:

I’m married, I’m a veteran, I have six children and I value my marriage. That same couple (mentioned earlier) could get divorced and that former spouse give care and count it off against the income they bring in, and then the veteran would qualify for the benefit.

So is VA, through their rules, rewarding and encouraging divorce to obtain a veteran’s pension benefit?

I think it’s wrong.

This affects millions of veterans out there. By not allowing a spouse to take payment and count it off against the care they give, VA is denying many veterans their rightful pension benefit.

They’re saying to the care-giving spouse, you must care for your husband or wife because it’s your job, but you can’t be paid for the care you provide.

The sad thing is I haven’t heard anyone speak out about it. I’ve heard experts in the VA quote that rule with absolutely no feelings about it. I wish some others would speak up because it’s so wrong. It’s discriminatory and denies veteran’s the pension benefits they should receive that would greatly help them and their family.

Perhaps it would allow the wife to get some respite if there was an extra couple of thousand dollars coming in

There are other statistics available that will show you how deep this goes.

Check out the statistics of the life expectancy of familial caregivers. Did you know, a spouse who is the caregiver, is far more likely to become ill or die while care-giving because of the emotional, physical and financial stress they’re under.

So here is a secondary question: Now I’m going to get in trouble.

So, a spousal or family caregiver that lives with someone who is getting care, their live expectancy drastically reduces. This is not spit-balling here. Go google it. This is fact.

The life expectancy of a caregiver who is a spouse or family member is drastically reduced because of the stress, and the lack of sleep. And it’s not their job. But they are expected through VA to qualify for the pension and provide that care free of charge. They are going to die younger and earlier, statistically, because of that role.

(Also, many spouses who provide care to their husband or wife give up their careers to do so because they cannot afford professional care.)

If they were to receive a veteran’s pension, and count that work they’re doing looking after their spouse, then they could pay a professional caregiver to come in with that extra pension. This would allow them to live a more stress free life.

These policies, made at a national level have deep rooted resounding effects, not only on the money coming in to households of veterans, but also on life spans of their care-giving spouses.

When I went to law school, one of the things I keyed on and one of the things I internally hold to is a sense of equity and fair play. I cannot stand corruption, or when the scale of lady justice is leaning to one side and is not balanced. I can’t stand it. It eats away at me. I see this as total inequity and foul play. There is no fair play here.

The rules and the law of equity is actually a theory of law. This doesn’t play under the rules of equity in any way. I can pay a son, daughter, niece, nephew, a stranger, a private agency, but I can’t pay my spouse who has seen me through my life and is now caring for me 24 hours a day, seven days a week.

The children may not be close by to help. They may live in a different state and have jobs there or may not have the money to pay for caregivers. That is why they need the pension benefit. If I pay anyone else but my spouse, I could qualify for that pension benefit. How wrong is that?

I’m Greg McIntyre, I am a veteran and certified attorney through the department of veteran’s affairs, however, that doesn’t mean every decision VA makes is correct. My hope is being in the USA gives me the right to speak out and as a representative for veterans and their spouses, I feel it is my heart felt duty to speak up.

I would love to hear your comments on this. If you want to see if you qualify for a veteran’s pension benefit, call my number, 704-259-7040, or visit mcelderlaw.com/vetbens.

Fight the good fight.

704-259-7040 Shelby Office

704-998-5800 Charlotte Office

 

Greg McIntyre

greg@mcelderlaw.com

Elder Law Attorney
McIntyre Elder Law

 

 

 

Elder Law Report: Should your real estate agent be senior certified?

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I’m Greg McIntyre of McIntyre Elder Law helping seniors protect their assets and legacies. I’m here with Dave Edwards who is a Keller Williams real estate agent and a senior real estate specialist.

Dave, tell us about your background? You weren’t always a real estate agent. You worked for IBM for a time, right?

 

‘Yes, I came out of the corporate world. I spent many years in technology and I have been a manager to real estate agents. My observation of realtors is the best realtors are those who have life experiences, because they’re the ones who can relate to the issues a client is going through. So as a result, I looked at my background in the corporate world and we were joking earlier about what is proper dress in this world? There is an impression of what IBM is. If you were to go into IBM today that impression would be blown away.

When you get into the world of real estate it’s a more casual endeavor and so using what I’ve learned from the corporate world, in terms of formality and negotiation on behalf of clients, really has lent itself well in terms of when we do a job, we do it to the best of our ability and do it professionally. That is the take away from my background.

When I moved over to real estate sixteen years ago, a lot of those marketing skills I had acquired also served me well. Another thing was a desire to serve. Customer service was everything. As a result, that is paramount when dealing with clients, especially in the senior community.’

 

I would say, the younger a person is, the less customer service they expect. With seniors and their families especially, they expect great customer service. I remember going into Belks in Shelby, NC with my mother, the salespeople in the store knew my mother by name. They knew my dad too, so, he would go in there at Christmas. They knew my mom’s size and her tastes and would help him pick things out for her for Christmas. That’s how customer service used to be. I believe that kind of quality is coming back around. I miss great customer service, but you rarely find it anymore. I think that’s what seniors expect and that’s the kind of customer service you bring, because you know seniors and that market.

 

My job is to be familiar with communities, but my business is about people. I may get my business to know and be familiar with communities so I can help clients make choices, but ultimately it’s about the people and about asking questions and listening, because what’s good for one senior, may not be good for another. There’s no one shoe that fits all.

In today’s market you hear a lot about active adults. It has as much to do with marketing as it does with the reality that as we get older, we’re actually younger than our parents were at the same age. We truly are, we are truly active. Things like that become ingrained in the requirements some people look for in a house. Is there tennis or swimming? Location in relation to outdoor sports and activities all become important. If I don’t ask questions, I don’t get answers.’

 

 

Does it have sidewalks for instance?

 

Many people are looking for family friendly communities and one of the intangibles I ask people to look at is sidewalks. Sidewalks bring people out. That’s how you meet your neighbors. It’s sometimes those subtle things. By asking the right questions we can focus on what people want.’

 

As an elder law attorney I’ve worked with real estate agents, bankers, financial planners, funeral home directors, I make these connections to benefit my clients. I imagine having a senior real estate specialist working with a senior to help sell their home is a huge bonus. You have all these connections. Someone might be selling a larger home and moving to a senior community and you can help with the transition.

 

Think of it this way, we spend a life time moving from one house to the next, through raising a family in that house perhaps and then we’re faced, maybe for the first time with making a transition to a smaller house. We’ve accumulated all these belongings that for many have strong emotional attachments. It’s hard to let go of that. So, a service, such as a transitional service helps people to decide what to do. There is a logical approach that people can take and there are services that cut to the quick about how you do that in pragmatic fashion and cuts through the emotion of doing so.

There are issues like legal issues where you come in to play. If for example it’s a home for the long term, what about family? Do I want it in a trust, do I want them on the deed? Those are issues you can sort out. As a connector, If I’m asking the right questions, these questions and concerns will rise to the top and then they can make those connections.

If you’re moving to this area, you are not going to know Greg McIntyre or the transition team, or a financial planner, or a mortgage lender, or a reverse mortgage lender. You want to know, is that the right option? These are some of the questions that need to be asked and answered. That’s what my job is as a connector.

 

You not only sell the house and help with the transition during that time, you also connect them with these other services associated with that transition. How important is that? Because there are all sorts of things to consider when buying a home, especially with ageing in place in mind, such as heights of counter tops for wheelchair accessibility, or roll in showers if needed.

 

‘I’ve recently looked at some stats of communities that identify themselves in the MLS as 55 plus in the Charlotte region. We have 35 communities. Now, we have an average of 50 people moving each day to the Mecklenburg County. That’s the net migration into that area. That being the case you can imagine families that fall in that senior market. That’s a lot of people and demand for senior housing. That’s why rentals are high and why inventory is as low as it’s been in a long time.

When you look specifically at housing that’s appropriate for those who classify themselves as seniors, you’re looking at a small amount of inventory. Now, if I go in, assuming one of the criteria is a master bedroom downstairs, that will often take us outside the active adult community. That’s okay, a house is not a home until it meets the needs of those clients.

So, are the doorways wide enough, are there transition strips down, or handle bars in the showers? But a lot of times, what is most important is maintaining independence in our lifestyle.’

 

So, who is your perfect client?

 

Our perfect client is someone where retirement is in the conversation. That retirement could be on the distance horizon or could already be happening. A lot of active adults are semi-retired and have a second career. Also, where someone has a larger home and needs to downsize, or looking to relocate closer to family, that person would be a good client because I can help them with services that might be needed in the situation. Also, the concerned children of seniors might be part of that conversation and want to be involved on behalf of their parents.’ 

 

If you need to talk with Dave, his number is, 704-907-7989, or email him at dave@welcomehomenc.com

704-259-7040 Shelby Office

704-998-5800 Charlotte Office

Greg McIntyre

greg@mcelderlaw.com

Elder Law Attorney
McIntyre Elder Law

There is a Storm coming… Are you prepared?

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Elder Law Report

There is a Storm coming…

Are you prepared?

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The Veteran’s Administration pension laws (published September 18th 2018) are changing.

How will these changes affect you?

I’m Greg McIntyre of McIntyre Elder Law. The changes I’m talking about involve pensions for veterans, the spouse of a veteran, or the spouse of a deceased veteran. The maximum benefit in these pensions is up to $34,000 US dollars and the changes go in to affect October 18th 2018.

Right now, the rule of thumb on assets you can keep (when applying for veteran’s pension) is $80,000. If you apply after October 18th, then you can keep $123,600 dollars. This is the community spouse resource allowance (CSRA) for veteran’s pension benefits.

While that sounds good, there is another change that affects it, and this is the big deal.

PhotoBesides the increase in the money you can keep, there will be a 3 year look back period. This is for the transfer of assets under the VA rules. That doesn’t mean you can’t plan. The unique opportunity right now is you can still protect assets without a look back period before October 18th. Yet, if you apply after October 18th, you get to take advantage of the higher CSRA of $123,600.

So, if you comply with the rules to protect assets before October 18th, and then apply it after October 18th to take advantage of the CSRA to $123,600, you take advantage of the best of both worlds.

Planning options are still going to be there. Qualification will still be there, but the rules are changing. I’ll be honest with you, these new rules will be a good thing for attorneys because it will be harder for someone who is not an attorney to plan under these rules. The new rules will be tougher and require more legal advice.

Summary of the rule changes.

1 The look back period. This is a huge change. To deal with this, you want to plan. Get your life estate/Ladybird deeds in place to protect your property, and place assets in an irrevocable asset protection trust.

2 The assets you can keep. This is increasing from $80,000 to $123,600.

3 There will be limitations on using annuities in veteran’s planning.

Let us know if you or a loved one is handling or appealing a veteran’s service related disability claim and we will take care of you. There are no fees for those appointments and we don’t recover unless you recover.

We are also processing applications for veteran’s service connected disability now. You can call the numbers below to begin the process or learn more.

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704-259-7040 Shelby Office

704-998-5800 Charlotte Office

Greg McIntyre

greg@mcelderlaw.com

Elder Law Attorney
McIntyre Elder Law
123 W. Marion Street

Shelby, NC 28150

704–259–7040

The Elephant in the Room

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We all hear statistics like 70% of seniors over 65 today will need long term care during their lifetime. However, the vast majority of families do not discuss their estate plans with one another. The discussion of estate planning can be taboo and stem from long-held cultural beliefs. My parents have always been extremely private about money matters and certainly about their estate plan.

Valid Reasons for Privacy: Parents have many reasons for not discussing their assets or estate plans with their children. They may not trust their children and may not want to reveal the assets they have. They may not want to show their Wills and cause any controversy within the family. While these are all valid reasons, families can still suffer losses of wealth by ignoring the elephant(s) in the room such as:
• Long Term Care spending down assets and ultimately costing the home.
• Passing away without a will and having the State pass property other than what may have been intended.
• Failing to take advantage of benefits such as Veterans Pension of which they are unaware.

How to broach the subject? A parent, child or other family member could simply dive right into the matter by bringing up the subject of estate planning and asset preservation. This could be easier said than done, however, depending on the family culture and taboo nature of this subject. However, sometimes the medicine doesn’t taste great but needs to be taken anyway. This is often the case with estate planning, elder law and asset preservation. Perhaps on a holiday when the family is all together the discussion could more easily be had.

In my practice I found that getting families to open up about estate planning is sometimes hard. To remedy this I wrote a book on different aspects of estate planning and aging in America to assist seniors and their families. “Saving the Farm” could be a great gift and way to start a family member in your life thinking about saving their hard earned money and property. Available on Amazon or at: mcelderlaw.com/savingthefarm.

 

Greg McIntyre

greg@mcelderlaw.com

Elder Law Attorney
McIntyre Elder Law
123 W. Marion Street

Shelby, NC 28150

704–259–7040

How to plan for a Long-Term Care event and How to Pay For it?

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Is there a chance Medicaid will pay for a long-term care event?

Yes.

But how do you qualify?

People think they must spend down everything to qualify for Medicaid.

Will I lose my house?

First, Medicaid Crisis Planning, (Long Term Care Crisis Planning).

I see this all the time. A spouse says, ‘My wife and I have spent our entire married life saving for retirement and now she’s in a nursing home and it’s taken everything we have.’

Protecting the house is many peoples main concern because it’s their major asset.

One of the ways to protect the house is with a Ladybird Deed.

A Ladybird Deed not only protects your house, it allows you to stay in control of your property for the rest of your life.

Then, when you and your spouse have passed on, that deed can be directed to your children.

The Medicaid look back period.

A Ladybird Deed is a beautiful thing because it protects your house immediately. Then there is no look back period for Medicaid to come in and pay for long term care.

With a Ladybird Deed in place, you could apply for Medicaid directly after putting that protective deed on your property and it will save it. Medicaid knows they cannot go back and take your house, ever.

But don’t you have to spend down below two thousand dollars?   

That’s true if there is nursing home or assisted living care. However, if there is a spouse, you can protect most of the money immediately, if you know how.

There are multiple strategies to protect as close to one hundred percent of your money.

Don’t just throw your money away or spend it down. If you do, it’s gone.

You’ve worked your whole life for that money and paid taxes on it.

If your spouse needs care, you don’t want to lose everything to pay for it.

We can also save other properties you own and you may still qualify for long term care or special assistance Medicaid.

Don’t feel hopeless.

Many people tell me they feel hopeless. They believe they will lose everything, but we can change that.

When you leave a consultation with me, you will feel empowered. You will know how to pay for nursing home or assisted living care, and how to save your house and retirement.

We can talk about protecting your assets ahead of time with a Medicaid Asset Protection Trust or Deed Planning.

This involves writing your Will or insurance policy and setting up trusts to pass things outside the estate.

We’ll talk about:

  • Using a Ladybird Deed versus Life Estate Deed versus a Trust.
  • Avoiding Probate (with Medicaid liens attached) when the Will passes the house.
  • When there is no Will.

An enormous amount of money is lost every day in North Carolina because of a lack of estate planning or knowing who to talk to.

If you’ve worked your whole life to pay for your home, you should be able to use a Ladybird Deed and not have your house sold to satisfy a Medicaid Lien.

There are many ways under the law and rules of Medicaid Planning to protect or pass down money and property for yourself and your family.

We even have a form whereby you can pass automobiles, mobile homes, anything with a DMV title on it outside the Probate estate. It is a North Carolina Division of Motor Vehicles form. The form number is MVR 620, and it’s called the Joint Tenants with Rights of Survivorship Affidavit.

If you have a bank account or car with Joint Tenants Rights of Survivorship, when you pass away, the money in the bank account or the car becomes theirs.

You may be a co-owner with your spouse, but are you a Joint Tenant with Rights of Survivorship owner on a DMV title of a car or RV? To be a Joint Tenant with Rights of Survivorship you must fill out this form.

To determine what you need and your situation, we must talk. Many millions have been saved for the citizens of North Carolina using the protections here.

My goal at McIntyre Elder Law is to empower you and your family and revolutionize your concepts of elder law.

I’m Greg McIntyre. If you have questions about elder law, please call our number below.

704-259-7040

Or go to mcelderlaw.com/MCP and fill out the pre-qualification forms.

 

Greg McIntyre

greg@mcelderlaw.com

Elder Law Attorney
McIntyre Elder Law
123 W. Marion Street

Shelby, NC 28150

704–259–7040

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