seenon

Blog

Home » Blog

Did You Know That Your Rights Are in Danger?

in Articles by Greg McIntyre Leave a comment

If you’ve been a frequent subscriber to our articles, you’ve likely detected a theme, namely us advocating for you to take control of your own destiny. As a member of a free and democratic government, you are powerful. The average American citizen has more power now, in today’s society, than any other citizen in any other country throughout history. Not only are you a part of the structure that constitutes our government: the people, you are also a check on the government.

You probably remember learning in school about how our government is formed with checks and balances built in. This is to ensure that no one branch of government obtains too much power and acts in a tyrannical fashion. Something that you likely did not hear in that lesson is that the people are a check on the government as a whole. If we are a government of the people, by the people, for the people, then the government’s power cannot exceed the authority given by the people.

It is our individual duty to ensure that our rights are not eroded and to guarantee that the government is acting on behalf of the people and not itself. You should know that the rights that you have as an individual are not constant.  Individual rights have waxed and waned over the history of this nation and will continue to do so, that is the nature of politics regardless of how free we were set up to be. Therefore, it’s up to us to protect our rights.

So, how are your rights in danger? They’re always in danger. That’s the point I’m making. Individuals must guard their rights like a shepherd guarding his sheep, keeping an ever-vigilant eye toward the tree line. There are people in high places making decisions that affect your life without your input. That will not change unless you do something about it.

All of this is especially true in the times we are experiencing at this very moment. A global pandemic has all but shut down the world. Governments across the globe have suspended individual rights in the name of the collective good. That may be the appropriate response. Confining people to their homes and keeping them from forming in groups, attending religious functions, and moving about freely may save much more lives than the. alternative. However, if history has shown us anything it’s that once rights have been taken, even temporarily, they are not given back in the same nature as enjoyed before. Once a precedent has been set, the government can then clearly see just how many miles they can stretch that inch you gave them.

What can you do about it? Take control. Make sure your family, yourself, and your property is protected. It’s not hard to do, you don’t have to be a political activist or politician. All you need is to lay your foundation. I’m talking about your General Durable Power of Attorney, your Healthcare Power of Attorney, your Living Will, and your Last Will and Testament. Not only will these documents give you the ability to protect and dictate what happens to your property. It also gives you and your loved ones the ability to assert your rights, the ability to ensure your individual freedom, and the ability to take control of your destiny.

You can start the conversation about protecting your rights by calling McIntyre Elder law at (704) 259-7040 or visiting our website at www.mcelderlaw.com.

Image result for schedule now button

Book Your FREE CONSULT Today!

Brenton S. Begley
Elder Law Attorney

Regards,

Brenton S. Begley

Elder Law Attorney

McIntyre Elder Law

“We help seniors maintain their lifestyle and preserve their legacies.”

www.mcelderlaw.com

Phone: 704-259-7040

Fax: 866-908-1278

Will You Get a Stimulus Check?

in Articles by Greg McIntyre Leave a comment

How Do You Receive Your Check?

According to the Treasury Department and the Internal Revenue Service most Americans don’t have to do a thing to receive their stimulus checks. For those who rarely file a return a simple one page document is available on irs.gov that must be filed.

Who Is Eligible?

According to the Internal Revenue Service:

“Tax filers with adjusted gross income up to $75,000 for individuals and up to $150,000 for married couples filing joint returns will receive the full payment. For filers with income above those amounts, the payment amount is reduced by $5 for each $100 above the $75,000/$150,000 thresholds. Single filers with income exceeding $99,000 and $198,000 for joint filers with no children are not eligible. Social Security recipients and railroad retirees who are otherwise not required to file a tax return are also eligible and will not be required to file a return. 

Eligible taxpayers who filed tax returns for either 2019 or 2018 will automatically receive an economic impact payment of up to $1,200 for individuals or $2,400 for married couples and up to $500 for each qualifying child.”

How Will They Know Where To Send The Check?

The IRS will use the information on your 2018 or 2019 tax return for where to send the economic impact checks.

Can I Get Direct Deposit?

Yes! The Treasury will be setting up a website to take your bank account information.

If you currently have a tax obligation the economic impact check will go towards that debt and rumor is the same if you owe back child support.

At McIntyre Elder Law we are here to help you and your family with any of your estate panning needs. During this crisis we have waived our consult fees. Contact us today for a FREE CONSULT at 704-749-9244.

Image result for schedule now button

Book Your FREE CONSULT Today!

Greg McIntyre Elder Law Attorney

Greg McIntyre Elder Law Attorney

written by:

Greg McIntyre

Elder Law Attorney

704-749-9244

greg@mcelderlaw.com

AVOID Virus Scammers! A Word from the Sheriff

in Articles by Greg McIntyre Leave a comment

Greg, Hayden and Brenton discuss ways to avoid Cabin Fever and also speak to Sheriff Alan Norman ways to avoid SCAMS. Lots of information covered in this episode of the Elder Law Report. Learn more: mcelderlaw.com/freewebinar.

Schedule Free Consult

Will You Be Burned By Probate?

in Articles by Greg McIntyre Leave a comment

To better understand how to avoid probate. It is important to first understand why you should seek to avoid probate. Let’s start by defining some terms.

Why?

Probate: the process by which an asset (that has not been otherwise predesignated) passes from a decedent to that decedent’s heirs. The part of that sentence in parenthesis is pretty important. That’s because, if an asset is predesignated to pass to an individual, it avoids probate. In other words, we already know to whom the asset is supposed to go, so we don’t need to go through the probate process to determine the rightful owner. Without pre-designation, we have a bunch of assets and we have to figure out the proper recipient.

That determination can be convoluted and controversial to say the least. You might be thinking to yourself: “doesn’t a will clear all of this up?” The short answer is no. The long answer is that there’s two reasons why the answer is no. 1. The will does not actually take effect until some has passed away and a court of competent jurisdiction determines that the purported will is in fact the decedent’s last will and testament; and 2. Because the will does not take effect until the aforementioned point, naming an heir in the will is not pre-designation. That’s not to mention the fact that will can be challenged even once they are accepted by a court.

So why avoid probate? It’s long, it’s expensive, it extends the grieving process, and people can sue, challenging the will. Probate can take anywhere from six-months to two-years, depending on a number of factors (like a will challenge). Most of the time, the process is rather confusing, and you generally have to have some help if you’ve never done it before.  That’s especially true if you’re the executor and want to avoid any liability. Finally, you want to avoid probate because it’s the opportunity for creditors to come in and take part or all of the heirs’ inheritance. Creditors tend to be medical creditors like nursing homes, hospital bills, and Medicaid.

How?

            Now that you know why you should avoid probate, let’s talk about how to avoid it. I mentioned pre-designation above. Essentially this means situating an asset in such a way that it passes immediately to someone named as beneficiary or someone whom you’ve given right of survivorship. However, not all assets are the same. So, it’s not as easy as naming a beneficiary for every individual asset you own. Luckily, trusts take care of that problem.  

            Trusts are awesome tools. It’s essentially a pot with pre-designated beneficiaries. Thus, anything you put into that pot is likewise predesignated to go to those beneficiaries. Thus, anything in the pot passes outside of probate.

            But what if you don’t go the trust route? After all, a trust may not be right for you. Again, it depends on the asset.

Let’s look at most people main assets. Financial accounts such as checking, savings, IRAs, investment accounts etc. can all have beneficiaries assigned to them (pre-designation). Car’s and anything with a title can have a joint owner with right of survivorship. Lastly, real property can pass outside of probate in a number of ways, depending on how you set up the deed.

When drafting your estate plan, one of your goals should be probate avoidance. Save your loved ones the headache and risk. If you have questions about probate avoidance, give us a call at (704) 259-7040 or visit our website at www.mcelderlaw.com.

Image result for schedule now button

Book Your Appointment Today!

Brenton S. Begley
Elder Law Attorney

Regards,

Brenton S. Begley

Elder Law Attorney

McIntyre Elder Law

“We help seniors maintain their lifestyle and preserve their legacies.”

www.mcelderlaw.com

Phone: 704-259-7040

Fax: 866-908-1278

A Word from Stef…

in Articles by Greg McIntyre Leave a comment

Greg’s wife Stef shares a little about the peace that comes with having your Estate Plan in place, and having all your “docs” in a row. ***We are offering In Person, Telephone and Video Consults*** FREE OF CHARGE during this crisis. Call us: 704-749-9244 or online at mcelderlaw.com.

Schedule Free Consult

Charlotte Today Show! Stay-At-Home Crisis Planning

in Articles by Greg McIntyre Leave a comment

Don’t Miss This Episode!!!

Greg and Eugene discuss the current state of the crisis and why essential services are needed. Greg discusses the need for certain planning during this crisis.

Schedule Free Consult

LIVE!!! BE PREPARED RADIO SHOW!!!

in Articles by Greg McIntyre Leave a comment

Great Show Today!!!

Brenton, Greg & Hayden LIVE on the radio Elder Law Report about the Getting Peace if Mind in Trying Times Times. SPECIAL OFFER: FREE Consults during this crisis. Call: 704-749-9244 or online at mcelderlaw.com.

Schedule Free Consult

The Most Important Legal Tool During a Crisis.

in Articles by Greg McIntyre Leave a comment


Book Your Appointment Today!

Image result for schedule now button
Brenton S. Begley
Elder Law Attorney

Regards,

Brenton S. Begley

Elder Law Attorney

McIntyre Elder Law

“We help seniors maintain their lifestyle and preserve their legacies.”

www.mcelderlaw.com

Phone: 704-259-7040

Fax: 866-908-1278PO Box 165

Shelby, NC 28151-0165

Our Response to the Governor’s Stay-At-Home Order

in Articles by Greg McIntyre Leave a comment

During the Stay-At Home Order and this crisis you still have access to legal services. Our firm will be here to meet your needs during this time. Here is what you can do under the order: 

  • You Can: Drive to your attorney’s office under the order.
  • You Can: Visit places like grocery stores, banks, hospitals, laundromats and other essential services.
  • You Can: Attend religious services.
  • You Can: Consult and visit other professional services like financial planners.

 It is your deeply rooted Constitutional Right to be represented by counsel and this should be highlighted during these strange times. We would advise having your affairs in order.

Schedule Free Consult

Legal Services Are Essential

in Articles by Greg McIntyre Leave a comment

During the Stay-At Home Order and this crisis you still have access to legal services. Our firm will be here to meet your needs during this time. Here is what you can do under the order:

  • You Can: Drive to your attorney’s office under the order.
  • You Can: Visit places like grocery stores, banks, hospitals, laundromats and other essential services.
  • You Can: Attend religious services.
  • You Can: Consult and visit other professional services like financial planners.

It is your deeply rooted Constitutional Right to be represented by counsel and this should be highlighted during these strange times. We would advise having your affairs in order.

APPLICABLE SECTIONS OF THE
NC STAY-AT-HOME ORDER

Schedule Free Consult

Page 8 of 74
1 6 7 8 9 10 74
Page 8 of 74« First...678910...203040...Last »

Schedule Your Free Consult!

Start
WordPress Image Lightbox