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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.© 2026 Elder Law Report Personal Development Personal Success Political Science Politics & Government
Episodes
  • North Carolina Spousal Rights: What Changes When You Marry, Divorce, Or Remarry
    Feb 18 2026

    Divorce, remarriage, and blended families can quietly rewrite your estate plan—unless you rewrite it first. We dig into how North Carolina law treats spouses before and after marriage, from inchoate rights in real property to the elective share and the year’s allowance, then map the steps that keep your wishes intact without sparking a courtroom brawl. Along the way, we highlight the silent saboteurs: beneficiary designations, joint accounts, POD/TOD forms, life insurance, and retirement plans that do not auto-update after divorce and can send your life’s savings to the wrong person.

    We share practical strategies for planning around a new marriage, including prenups and postnups, coordinated wills and trusts, and clear instructions that balance support for a spouse with protection for children from a prior relationship. We explain when a trust can calm family tensions, why an old will won’t shield your estate from a spouse’s statutory rights, and how elective share percentages scale with the length of marriage. We also cover real-world pitfalls—like estranged spouses who resurface at probate, and assumptions about common law marriage that don’t hold in North Carolina.

    If you’re separated, finalizing the divorce matters; if you’re newly single or newly coupled, updating every document and designation matters even more. We offer a concise checklist, candid examples, and legal context so you can act with clarity and avoid avoidable fights. Ready to protect your plan and your people? Subscribe, share this episode with someone navigating divorce or remarriage, and leave a review with your top estate planning question—we may answer it on a future show.

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    15 mins
  • Protecting Love With A Plan
    Feb 10 2026

    Valentine’s Day is a perfect reminder that love isn’t just a feeling—it’s a plan. We sit down as father and son, both elder law attorneys, to map out clear steps that protect the people who matter most. From choosing a trustee for minor children to keeping your home out of probate, we explain how straightforward documents can prevent the messes that break hearts and budgets.

    We start with practical strategies for families with kids: creating a trust that funds education and daily needs, naming a trustee you trust, and using term life insurance with smart beneficiary designations so money lands exactly where it should. Then we move to the home, walking through how an enhanced life estate—often called a Lady Bird deed—lets you keep control while ensuring the property passes smoothly to your chosen heirs without court delays. Along the way, we show when a trust and a deed can work together to add control and protection.

    Spousal protection takes center stage as we unpack joint family trusts, general durable powers of attorney, and healthcare powers of attorney. Marriage alone won’t unlock IRAs, bank accounts, or real estate decisions; authority must be granted in writing. We share how to avoid costly guardianships, prepare for long-term care and creditor risks, and keep decisions in the family. Finally, we tackle blended-family pitfalls, explaining how intestacy can split assets in surprising ways—and why a clear will or trust prevents conflict and preserves peace.

    If you want your love to last longer than flowers, give your family clarity, not questions. Subscribe, share this with someone who needs a nudge to plan, and leave a review with the one document you still need to sign.

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    11 mins
  • Plan Today Or Pay Tomorrow: The Real Costs Of Care And Probate
    Feb 4 2026

    Most families don’t lose wealth to bad markets—they lose it to long-term care costs and the slow grind of probate. We unpack a practical, two-part strategy that shields savings during life and delivers a faster inheritance after death, balancing control, care, and legacy without guesswork or jargon.

    We start by facing the numbers on long-term care and why paying out of pocket can drain even healthy nest eggs. Then we share how pre-planning creates options: trust structures designed for Medicaid compatibility, timelines that respect look-back rules, and coordinated spend-down strategies that preserve resources for a spouse and heirs. With the right lead time, you can qualify for benefits later without sacrificing the home or savings you worked for.

    From there, we turn to probate—the hidden risk that slows transfers and opens the door to creditor claims, including Medicaid estate recovery. You’ll hear how beneficiary designations, pay-on-death and transfer-on-death tools, and well-drafted trusts move assets directly to loved ones, cutting delays and reducing exposure. Coordination is everything: titling, beneficiaries, and trust funding must align so nothing slips back into the estate. The payoff is speed, certainty, and more value staying in the family.

    If protecting your legacy matters, this guide gives you a clear blueprint: plan for care, avoid probate, and keep options open. Subscribe for more elder law strategies, share this with someone who needs it, and leave a review to tell us what planning question you want us to tackle next.

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    8 mins
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