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Secure Your Legacy: The Importance of Having a Last Will and Testament

in Articles, Estate Planning by Greg McIntyre Leave a comment

“I like to be proactive, I am not a victim. If I have the power to control things and get ahead of them, I like to do that. And once I have gotten those things done then I have peace of mind. So that’s something estate planning and will can bring you.” Greg McIntyre

Hey there, my friends!

Are you thinking about your future and what will happen to your assets when you’re gone? If so, you’re in the right place. Today’s episode is all about the benefits of having a last will and testament.

Our guest, elder law attorney Greg McIntyre, explains that wills are a straightforward way to pass assets and appoint an executor to control the passage of assets under the watchful eye of the court in the probate process. But that’s not all! Wills can also be used to direct assets to loved ones, charities, or a combination of both.

McIntyre also discusses how wills can contain testamentary trusts, which are trusts built into a will that hold assets to give out over time. And if you’re wondering whether a will is necessary if a trust is already in place, McIntyre has an answer for you. He explains that a will can act as a “cleanup crew” to ensure all assets are properly transferred to the trust.

If you’re interested in discussing your estate planning needs, McIntyre offers a free consultation. It’s never too early to start planning for the future, and McIntyre Elder Law is here to help.

But that’s not all! Our speaker is also promoting McIntyre Elder Law and their services for elder care planning. They emphasize the importance of not waiting until it’s too late to plan for long-term care and benefits, and offer assistance with elder care planning, probate, and military benefits.

So, my friends, don’t let the busyness of life prevent you from planning for the future. Come to Copeland McIntyre Elder Law for help with all your elder care planning needs. And don’t forget to listen to today’s episode for more valuable insights from Greg McIntyre.

As always, thank you for tuning in.

Schedule your FREE consultation today: mcelderlaw.com/scheduling or Call: 1-888-999-6600.

Greg McIntyre
Estate Planning & Elder Law Attorney

The World’s Worst Estate Plan

in Articles, Estate Planning by Greg McIntyre Leave a comment








Hello and welcome to my little corner of the internet, where I’ll be discussing the world’s worst estate plan. This is a subject near and dear to my heart, as I’ve seen firsthand the chaos and confusion that can result from poor estate planning.

So, without further ado, let me introduce you to the world’s worst estate plan. This plan, my friends, is a true disaster. It’s a mess of tangled legal documents, conflicting wishes, and confusing language that would make even the most seasoned estate planning attorney pull their hair out.

First and foremost, the world’s worst estate plan lacks a clear and concise will. Instead of a straightforward document outlining the distribution of assets and guardianship of minor children, this will is a jumbled mess of handwritten notes, crossed-out sentences, and vague instructions. It’s a wonder anyone can make sense of it at all.

But the problems with this estate plan don’t stop there. Oh no, my friends. This plan also lacks any sort of trust or financial power of attorney. This means that, in the event of the owner’s incapacitation or death, there is no clear guidance on who should manage their assets or make financial decisions on their behalf. Chaos ensues as family members fight over control and assets are mismanaged or squandered.

But wait, there’s more! This estate plan also fails to consider the possibility of death or incapacitation, leaving no provisions for funeral arrangements or end-of-life care. This leaves loved ones struggling to make these difficult decisions at a time when they are already grieving and emotionally overwhelmed.

So, what can we learn from the world’s worst estate plan? Well, first and foremost, it’s important to have a clear and concise will that outlines your wishes and desires. It’s also crucial to consider trusts and financial powers of attorney, as these can help to ensure that your assets are managed and distributed according to your wishes. And don’t forget to consider end-of-life care and funeral arrangements – it may be difficult to think about, but it’s important to have a plan in place to ensure that your loved ones are taken care of.

I hope this little tale has provided some insight into the importance of proper estate planning. Don’t let your loved ones suffer the same fate as those in the world’s worst estate plan – take the time to create a clear and comprehensive plan to protect your assets and ensure that your wishes are carried out. Until next time, my friends.

 

Schedule your FREE consultation today: mcelderlaw.com/scheduling or Call: 1-888-999-6600.

Greg McIntyre
Estate Planning & Elder Law Attorney








The 10 Rules of Avoiding Probate: Insights from Elder Law Attorney, Greg McIntyre

in Articles, Estate Planning, Probate, Tax Planning by Greg McIntyre Leave a comment

Probate can be a complex, time-consuming, and often costly process. As an elder law attorney with decades of experience, I, Greg McIntyre, have seen how it can potentially drain an estate of its assets and leave beneficiaries waiting impatiently for their inheritance. Thankfully, there are several strategies you can employ to avoid probate and ensure a smooth transfer of your wealth to your heirs. Here are my top 10 rules for avoiding probate:

  1. Understand What Probate Involves: Before you can avoid probate, you need to understand what it is. Probate is the legal process through which a deceased person’s estate is properly distributed to heirs and designated beneficiaries and any debt owed to creditors is paid off. For larger, more complex estates, this process can be quite drawn out and expensive. Understanding the intricacies of this process is the first step towards avoiding it.
  2. Create a Living Trust: One of the most effective ways to avoid probate is to establish a living trust. A living trust allows you to transfer your property into a trust for your benefit during your lifetime. Upon your death, the assets are transferred directly to your designated beneficiaries by the successor trustee, bypassing the probate process entirely.
  3. Joint Ownership with Right of Survivorship: For physical assets like real estate, vehicles, and bank accounts, consider holding them in joint ownership with the right of survivorship. Upon your death, ownership of these assets will pass directly to the surviving owner, avoiding probate.
  4. Designate Beneficiaries: Many financial instruments allow you to name a beneficiary who will receive the assets directly upon your death, avoiding probate. These include life insurance policies, retirement accounts, and payable-on-death bank accounts.
  5. Give Away Assets: One simple way to avoid probate is to reduce the size of your estate while you’re still alive. Gifting assets to your heirs can help you achieve this. However, be aware of potential gift tax implications and consider consulting with an attorney or financial advisor.
  6. Establish a Life Estate: In a life estate, you retain the right to live in and use your property during your lifetime, but it automatically passes to a designated individual, known as a “remainderman,” upon your death, thereby avoiding probate.
  7. Use Small Estate Laws to Your Advantage: Many states offer simplified probate procedures or even ways to avoid probate altogether for smaller estates. Familiarize yourself with your state’s laws and determine whether your estate might qualify.
  8. Consider a Simplified Probate Process: In some cases, even if you can’t completely avoid probate, you may be able to simplify the process. Many states offer a simplified probate process for smaller estates or estates that do not contain real estate.
  9. Keep Your Estate Plan Updated: Probate can often be the result of outdated or incomplete estate planning. Regularly review and update your estate plan to reflect your current wishes and life circumstances.
  10. Seek Professional Help: Avoiding probate can be a complex process, and what works best will depend on your individual situation. An experienced elder law attorney can guide you through this process and help you come up with the best plan for you and your heirs.

In conclusion, avoiding probate doesn’t have to be an overwhelming task. By understanding what probate involves, creating a living trust, designating beneficiaries, and keeping your estate plan updated, you can help ensure a smooth transition of your assets to your heirs. As always, consider seeking the advice of a professional to help navigate the complexities of estate planning and probate law.

Schedule your FREE consultation today: mcelderlaw.com/scheduling or Call: 1-888-999-6600.

Greg McIntyre
Estate Planning & Elder Law Attorney

5 Essential Estate Planning Tips for Business Owners

in Articles, Estate Planning, Tax Planning by Greg McIntyre Leave a comment

As a business owner, you’ve worked hard to build your company from the ground up. But have you thought about what will happen to your business when you’re no longer around? Estate planning isn’t just for the wealthy – it’s essential for anyone who wants to protect their assets and ensure their legacy lives on. In this episode, elder law attorneys Bri Begley and Greg McIntyre discuss the importance of estate planning for business owners and offer some valuable tips to help you get started.

1. Draft Operating Agreements

One of the first things you should do when setting up a business is to draft an operating agreement. This agreement outlines the rules and regulations for how the business will be run, including who has decision-making power and how profits will be distributed. It’s essential to have an operating agreement in place to prevent disputes and ensure that the business runs smoothly.

2. Create Bylaws for Corporations

If your business is set up as a corporation, you’ll need to create bylaws that outline the rules and regulations for how the corporation will be structured and run. Bylaws should cover topics such as shareholder meetings, voting procedures, and how board members are elected.

3. Set up Buy-Sell Agreements

A buy-sell agreement is a legal contract that outlines what will happen to a business if one of the owners dies or becomes incapacitated. This agreement sets a price for the business and outlines how ownership will be transferred. By having a buy-sell agreement in place, you can ensure that your business will continue to operate smoothly even if one of the owners is no longer able to participate.

4. Consider Taxation

Estate taxes can be a significant burden on your heirs, especially if you haven’t planned for them. By working with an experienced estate planning attorney, you can create a plan that minimizes the tax burden on your estate and ensures that your assets are distributed according to your wishes.

5. Protect Your Business with Keyman Life Insurance

Keyman life insurance is a type of life insurance policy that pays out if one of the key individuals in a business passes away. This type of insurance can be used to fund a buy-sell agreement or to provide funds to keep the business running in the event of a key person’s death.

If you’re a business owner, it’s essential to have an estate plan in place. By working with experienced estate planning attorneys like Greg McIntyre and Brenton Begley.

Schedule your FREE consultation today: mcelderlaw.com/scheduling or Call: 1-888-999-6600.

Greg McIntyre
Estate Planning & Elder Law Attorney

Maximizing Your Business Potential: The Benefits of Estate Planning for Business Owners

in Articles, Estate Planning, Tax Planning by Greg McIntyre Leave a comment

Hey everyone,

Are you a business owner? Have you thought about estate planning and business succession planning? In this episode, we discuss the importance of estate planning for business owners with the attorneys from McIntyre Elder Law.

During the episode, the attorneys explain the various aspects of estate planning for business owners, including drafting operating agreements, creating bylaws for corporations, and setting up buy-sell agreements. They also discuss the importance of considering taxation and preventing unwanted business partnerships.

As a business owner, it’s important to set up rules and agreements for the business to function properly. The attorneys emphasize the potential issues that can arise if one of the business owners passes away without a plan in place, such as the interest going through probate and holding up the operation of the business.

Business succession planning is a part of estate planning, and the attorneys offer solutions such as keyman life insurance policies and buy-sell agreements to protect the business and individual interests. They also suggest considering bylaws and articles of organization and thinking about whether they want to be in business with people they did not enter the business with.

The attorneys offer a free consultation for business owners to discuss their estate planning needs. It’s important not to wait until it’s too late to plan for the future of your business. As the attorneys say, “failing to plan is planning to fail.”

So, if you’re a business owner, I highly recommend listening to this episode and taking advantage of the free consultation offered by McIntyre Elder Law. Don’t wait until it’s too late to protect your business and your interests.

Thanks for listening!

Schedule your FREE consultation today: mcelderlaw.com/scheduling or Call: 1-888-999-6600.

Greg McIntyre
Estate Planning & Elder Law Attorney

Ensuring a Bright Future for Your Family with Estate Planning

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As I sit here on my deathbed, with the end fast approaching, I can’t help but look back on my life and all that I’ve accomplished. I’ve had a good run, I’ll admit that. I’ve had a wonderful wife by my side, children who have grown into fine adults, and grandchildren who bring me joy every time I see them.

But as I reflect on my life, I can’t help but think about the future and what will become of my loved ones when I’m gone. I want to do everything I can to make sure that they are taken care of, that their lives are as happy and fulfilling as mine has been.

That’s why I’ve spent the last few months working with an estate planning attorney, trying to figure out the best way to divide my assets and ensure that my family is provided for after I’m gone. It hasn’t been an easy process, but it’s a necessary one.

As I look back on my marriage to my wife, I realize that we’ve been through a lot together. We’ve had our ups and downs, just like any couple, but we’ve always managed to weather the storms and come out stronger on the other side.

I remember the early days, when we were young and in love, and everything seemed possible. We had big dreams and high hopes, and we were determined to make a life together that was full of adventure and purpose.

And as the years went by, we built a family together. We raised our children with love and care, and watched with pride as they grew into adults who were capable and independent.

And then came the grandchildren, a new generation that brought even more joy and meaning to our lives. Watching them grow and learn and explore the world has been a highlight of my later years, and I’m grateful for every moment I’ve had with them.

But as I approach the end of my journey, I can’t help but worry about what the future holds for my loved ones. I want to do everything I can to make sure that they are taken care of and that their lives are as happy and fulfilling as possible.

That’s why I’ve spent so much time working with my estate planning attorney. I want to make sure that my assets are divided in a way that is fair and equitable, and that my family is provided for in the years to come.

It’s been a difficult process, but it’s one that I believe is necessary. I want to make sure that my legacy lives on, and that my loved ones are able to thrive and prosper in the years ahead.

As I lay here, with the end fast approaching, I am at peace with my life and all that I’ve accomplished. I’m grateful for every moment I’ve had with my wife and children and grandchildren, and I’m proud of the life we’ve built together.

I leave this world knowing that I’ve done everything I can to ensure the happiness and prosperity of my loved ones, and that my legacy will live on for generations to come.

And so, as I take my final breaths and bid this world farewell, I do so with a sense of peace and contentment. I know that my loved ones will carry on, and that they will make the most of the opportunities that come their way.

I hope that they will remember me with love and fondness, and that they will carry on the values and traditions that have been so important to me throughout my life.

I hope that they will continue to live with purpose and meaning, and that they will find joy and fulfillment in all that they do.

And most of all, I hope that they will always be there for each other, supporting and loving one another through thick and thin, just as my wife and I have done throughout our marriage.

As I close my eyes and take my final journey, I do so with a heart full of love and gratitude, and with the hope that my loved ones will find all that they are seeking in this life.

Goodbye, my dear family. I will always be with you, in spirit and in memory. May you find all that you are seeking in this life, and may your future be bright and full of promise.

If you are concerned about the well-being of your loved ones after you are gone, it is important to consider working with an elder law attorney to create an estate plan that will provide for their needs and ensure their happiness in the years ahead.

Schedule your FREE consultation today: mcelderlaw.com/scheduling or Call: 1-888-999-6600.

Greg McIntyre
Estate Planning & Elder Law Attorney








Business Ownership & Estate Planning: Special Concerns for Business Owners – Elder Law Report Featuring Attorney Greg McIntyre

in Articles, Estate Planning, Tax Planning by Greg McIntyre Leave a comment

Hey everyone,

Are you a business owner? If so, you won’t want to miss this episode of the Elder Law Report. Greg McIntyre, an elder law attorney, discusses the importance of estate planning for business owners.

McIntyre explains that business owners have unique circumstances when it comes to estate planning. They may be in a partnership, own shares of stock in a closely held corporation, or have a percentage ownership in an LLC. However, many business owners do not consider what will happen to their business interests when they pass away.

To avoid being in business with a partner’s spouse or children, McIntyre suggests setting up an estate plan that specifically names who will receive the ownership interest. Additionally, operating agreements can be created to direct ownership interests to specific individuals upon the owner’s death.

McIntyre also recommends buy-sell agreements, which are funded by keyman life insurance policies, to ensure that ownership interests are bought back by the corporation or LLC upon the death of a partner. This way, the deceased partner’s spouse or children receive fair market value.

McIntyre emphasizes the importance of setting up scenarios that provide multiple wins for business owners. He suggests a buy-sell agreement as a solution that can ensure that if a partner dies, the surviving partner owns 100% of the business, and the deceased partner’s spouse is paid for the value of the shares received.


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McIntyre calls this strategy a “Russian nesting doll” approach, which offers multiple layers of liability protection for business interests. He enjoys working with business owners to create business succession plans and transfer assets and ownership efficiently.

In conclusion, if you’re a business owner, it’s crucial to consider estate planning for your business interests. McIntyre offers a free consultation to anyone looking to engage in business and estate planning. As he says, “Don’t put off planning. Planning is key.”

So, don’t wait any longer. Tune in to this episode of the Elder Law Report and learn how to protect your business interests.

Schedule your FREE consultation today by calling: 1-888-999-6600 or online at: mcelderlaw.com.

Greg McIntyre
Estate Planning & Elder Law Attorney

Transferring Your Primary Residence into a Trust for Estate Planning: Understanding the Impact on Your Mortgage

in Articles, Estate Planning, Long Term Care Medicaid, Long Term Care Planning, Tax Planning by Greg McIntyre Leave a comment

As an Estate Planning and Elder Law attorney, I’m often asked about the impact of transferring a mortgaged property into a revocable or irrevocable trust. Most mortgages contain what is called a “due on sale” clause, which means that when you transfer a mortgaged property out of your name, the entire mortgage balance is due. This can create a significant issue when it comes to estate planning, as transferring a property into a trust is often a key part of protecting your assets and planning for the future.

However, the good news is that federal law specifically prohibits a mortgage holder from exercising a “due on sale” clause on residential real property containing less than five dwelling units or on a cooperative apartment unit when the property is transferred to a spouse or children of the owner, or a lifetime revocable or irrevocable trust where the borrower retains the right to occupancy. This means that if you transfer your primary residence into a revocable or irrevocable trust for estate planning purposes, you will not activate the “due on sale” clause in your mortgage.

The Garn-St Germain Depository Institutions Act of 1982 applies to these transfers of a residence in an irrevocable trust where the home is preserved for the grantor and is a lifetime income beneficiary. I have yet to see a bank even flirt with trying to call a mortgage due in this situation.

It’s important to note that transferring a mortgaged property into a trust can still have other legal and financial implications that should be considered carefully with the help of an experienced attorney. However, the fear of activating the “due on sale” clause should not be a barrier to creating a trust as part of your estate planning strategy.

If you have questions about transferring your primary residence into a revocable or irrevocable trust, I encourage you to reach out to our team at McIntyre Elder Law for a free consultation. You can call us at 1-888-999-6600 or schedule a consultation online at mcelderlaw.com. Let us help you protect your assets and plan for the future without fear of unexpected mortgage issues.

Greg McIntyre
Estate Planning & Elder Law Attorney

May the Fourth Be With You- Wise Estate Planning Tips from Yoda

in Articles, Estate Planning by Greg McIntyre Leave a comment








Mmm, welcome, you are, to my blog article. May the 4th be with you, hmm? Importance of estate planning, we shall discuss.”

Estate planning, hmmm, crucial it is for everyone. Careful we must be, with our assets and property, for when our time comes, prepared we must be. A wise Jedi once said, “Death is a natural part of life. Rejoice for those around you who transform into the Force.”

But leave a mess behind, we must not. Confusion, uncertainty, and disputes, they lead to. Family and friends, torn apart they become. Painful, this is, to witness.

Hmmm, a plan, we need. Our wills, trusts, and powers of attorney, in order they must be. Decide, we must, who will inherit our assets and property. Distribute them fairly, we should. Reduce taxes and fees, we must.

Plan for our incapacity, we must also. Designate someone to make medical decisions for us, we should. Grant power of attorney, to someone we trust, we must. So that our wishes are respected, even when we cannot express them ourselves.

A plan, we must update. As life changes, our plan should too. New family members, marriages, divorces, births, and deaths, we must consider. Review our plan, we should, every few years, at least.

Remember, hmmm, a peaceful passing, we all desire. Pain, confusion, and disputes, we do not. Estate planning, hmmm, the way to ensure our legacy lives on.

1-888-999-6600 for a Free consultation

Greg McIntyre
Estate Planning & Elder Law Attorney








Top 3 Estate Planning Mistakes

in Articles, Estate Planning by Greg McIntyre Leave a comment








Estate planning is an important process for everyone, regardless of age or financial status. It allows you to make decisions about how your assets will be managed and distributed after your death and can help to ensure that your wishes are carried out according to your specifications. Unfortunately, estate planning can also be a complex and overwhelming process, and it is easy to make mistakes that can have serious consequences. In this article, we will discuss the top three estate planning mistakes that you should avoid at all costs.

     1. Failing to Plan Ahead

One of the most common estate planning mistakes is failing to plan ahead. Many people put off estate planning until it is too late, either because they are too busy or because they are in poor health. However, it is important to remember that you never know when you might become incapacitated or pass away, and failing to plan ahead can result in your assets being distributed in a way that you would not have wanted.

To avoid this mistake, it is important to take the time to create an estate plan as soon as possible. This can involve creating a will, setting up a trust, and designating beneficiaries for your assets. You should also consider creating a power of attorney, which allows you to appoint someone to make financial and legal decisions on your behalf in the event that you are unable to do so.

    2. Not Reviewing Your Estate Plan Regularly

Another common mistake is not reviewing your estate plan regularly. Life is constantly changing, and it is important to make sure that your estate plan reflects your current wishes and circumstances. This includes reviewing your will, trust, and other estate planning documents to make sure that they are still accurate and up-to-date.

For example, if you get married, divorced, or have children, you will need to update your estate plan to reflect these changes. You should also review your plan if you experience significant changes in your financial situation, such as inheriting a large sum of money or starting a new business. Regularly reviewing your estate plan ensures that your assets are distributed according to your current wishes and that your loved ones are protected.

    3. Not Seeking Professional Help

Estate planning can be a complex process, and it is important to seek the guidance of a professional if you are unsure of how to proceed. Many people make the mistake of trying to handle their estate planning on their own, either because they think it will save money or because they are intimidated by the process. However, this can be risky, as mistakes can have serious consequences.

An experienced estate planning attorney can help you navigate the complex legal landscape and ensure that your estate plan is properly drafted and executed. They can also provide valuable advice and guidance on issues such as tax planning, asset protection, and charitable giving. By seeking the help of a professional, you can avoid common mistakes and ensure that your estate plan is effective and efficient.

In conclusion, estate planning is an important process that everyone should undertake. By avoiding these top three mistakes, you can ensure that your assets are managed and distributed according to your wishes, and that your loved ones are protected. Whether you are just starting to think about estate planning or you have already begun the process, it is important to seek the guidance of a professional and review your plan regularly to make sure that it is accurate and up-to-date.

Schedule your FREE consultation today: mcelderlaw.com/scheduling or Call: 1-888-999-6600.

Greg McIntyre
Estate Planning & Elder Law Attorney








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