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3 Commonly Held Misbeliefs about Money, Aging & Estate Planning.

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✅ 3 Commonly Held Misbeliefs about Money, Aging & Estate Planning.

⚜️Medicare will pay for long-term care.

⚜️I have a spouse so who needs an estate plan.

⚜️I have money.

Why plan? These questions and more answered in this Elder Law Report.


Related Articles:


If we can help you preserve assets before major changes in the law we would be glad to do so and would offer a FREE consult to sit down and discuss asset protection. Give s a call to schedule your free consult today or schedule online at: mcelderlaw.com. For a list of local numbers to our offices see below:

  • Charlotte: 704-749-9244
  • Shelby: 704-259-7040
  • Hendersonville: 828-233-5991

Please don’t wait ‘til it’s too late. Call McIntyre Elder Law today.

Schedule Free Consult

IN PERSON . VIDEO CONSULT . PHONE CONSULT


TRANSCRIPT:

✅ SPECIAL TRUST EPISODE!!! Everything you need to know about trusts in this Elder Law Report!

in Articles by Greg McIntyre Leave a comment

⚜️ Avoiding Probate.

⚜️ Maximizing Estate Tax Exemptions.

⚜️ …and much, much more!


Related Articles:

Can my trust protect my retirement accounts?

Is Your Trust Convertible?

How to Fund a Trust


If we can help you preserve assets before major changes in the law we would be glad to do so and would offer a FREE consult to sit down and discuss asset protection. Give s a call to schedule your free consult today or schedule online at: mcelderlaw.com. For a list of local numbers to our offices see below:

  • Charlotte: 704-749-9244
  • Shelby: 704-259-7040
  • Hendersonville: 828-233-5991

Please don’t wait ‘til it’s too late. Call McIntyre Elder Law today.

Schedule Free Consult

IN PERSON . VIDEO CONSULT . PHONE CONSULT


TRANSCRIPT:

Greg McIntyre:

Hi, this is Greg McIntyre and Brenton Begley. We are here for the Elder Law Report. I am an attorney at McIntyre Elder Law. All we do is estate planning and elder law. This is our special trust edition. We’re going to start. We’re going to talk about trusts the entire time. I’m with my law partner, Brenton S. Begley. Brenton, do you want to introduce yourself?

Brenton Begley:

Absolutely. Brenton S. Begley. He said my name for me. Appreciate that.

Greg McIntyre:

BS Begley.

Brenton Begley:

That’s right. BS Begley, as I’m well known. But that’s because that’s my initials, not for any other reason.

Greg McIntyre:

That’s right. That’s right. So, being straight, that’s what that-

Brenton Begley:

Being straight.

Greg McIntyre:

Shooting straight, right?

Brenton Begley:

That’s right.

Greg McIntyre:

You’re telling the truth. So the truth about trusts. Let’s talk about the truth about trusts. Trust me, okay? I think I wrote an article named that one time. Trusts are really hot right now because of the current, say, political tenor, tax environment, things that have been rumored to come about, like decreasing the tax exemption for a state and debt tax at the federal level, possibly doing away with the step-up in basis regarding capital gains tax, which is huge.

Greg McIntyre:

There’s just so many other things that trusts do a great job at. They can do all the heavy lifting of avoiding probate, and also preserve possibly the step-up in basis and help as much as double that estate tax exemption. So, let’s talk about those things, just methodically, within the next half hour, and I hope you enjoy it. So enjoy the ride. Let’s learn a little bit about trusts. Let’s discuss that.

Greg McIntyre:

We’re so blessed to be coming to you today from the Hendersonville area, Shelby area, and Charlotte area. So, Brent, why don’t you kick it off? Let’s talk about trusts and their many benefits.

Brenton Begley:

Yeah, so trusts have lots of benefits. One of the reasons why I like to use trusts is they’re such flexible tools, that you can use them for a lot of different things. So we have two types of trust. Revocable or irrevocable trusts.

Greg McIntyre:

At the top down, it really is. You can break them off. There’s so many different types of trusts, but at the base level, we like to think of them as revocable and irrevocable.

Brenton Begley:

That’s right. You can only have, within the categories of revocable and irrevocable, you can have a bunch of different types of trusts, but the trust is either going to be revocable or irrevocable.

Greg McIntyre:

So I don’t have my dictionary handy right now, and as someone who’s never read the dictionary, what does revocable and irrevocable mean?

Brenton Begley:

Well, so revocable means that it can be revoked, right? So it’s important to know what the parties to a trust are. So if you make the trustmaker or grantor, the revocable nature of a trust relates to the person who made it. So if I make a trust-

Greg McIntyre:

So you mean that if it’s revocable, I can revoke it?

Brenton Begley:

Yep. You can change it.

Greg McIntyre:

Wow.

Brenton Begley:

You can revoke it.

Greg McIntyre:

Shocker.

Brenton Begley:

Right.

Greg McIntyre:

Okay, so if it’s revocable, that means I can revoke it. I’m the trustee. I’ve got my hand in the cookie jar.

Brenton Begley:

Even if you’re not the trustee-

Greg McIntyre:

Even if I’m not, I can revoke anyway.

Brenton Begley:

You can revoke anyway or change it and amend in any way if it’s revocable.

Greg McIntyre:

If I am the trustee, I can put any property into it, taking property out of it.

Brenton Begley:

That’s right.

Greg McIntyre:

It’s tagged to my social security number. There’s no double taxation. No higher tax on the income that there could be in an irrevocable trust.

Brenton Begley:

Right. Doesn’t have to be that way in an irrevocable.

Greg McIntyre:

It doesn’t, not if you disperse all the income.

Brenton Begley:

Right, and let’s talk about the-

Greg McIntyre:

With the Kessler ruling.

Brenton Begley:

That’s great. Let’s talk about the irrevocable trust, though. So the irrevocable trust is a trust that cannot be amended or revoked by the person who made the trust, the trust maker or the grantor. That concerns a lot of people when you first say it. Oh, I can’t change this thing. It’s set in stone once I make it. But I like to explain it this way. If I’m creating a game, for example, that we’re going to play, like a board game, if I can set the rules to that game, well, I still have a lot of control, even if I can’t change those rules when we start playing.

Brenton Begley:

Can’t change the rules and you start playing the game. But if I get to make the rules, then I get to set up a lot of control.

Greg McIntyre:

You mean even with an irrevocable?

Brenton Begley:

Even with an irrevocable trust.

Greg McIntyre:

Even after I die?

Brenton Begley:

Right. So it takes a lot of forethought to make sure you retain control when you have that irrevocable trust or where you have some sort of control, but you have to know you can’t change it once you make it unless-

Greg McIntyre:

Right.

Brenton Begley:

Unless, everybody-

Greg McIntyre:

All parties agree. All beneficiaries, grantors, trustees agree.

Brenton Begley:

That’s right. You can pretty much do anything to an irrevocable trust if everybody agrees.

Greg McIntyre:

Sure. So it is amenable.

Brenton Begley:

So it’s not technically irrevocable. Under the uniform trust code, which North Carolina has adopted, thankfully you can do just about anything as long as everybody agrees.

Greg McIntyre:

Sure.

Brenton Begley:

So in practice, when-

Greg McIntyre:

[crosstalk 00:05:28]. So an irrevocable trust, it’s your vote. You can’t revoke it unless you can.

Brenton Begley:

Unless you can.

Greg McIntyre:

And everybody agrees.

Brenton Begley:

But in substance, for a lot of different trusts that are made, if you have a bunch of parties, this is why it’s important to pick the right people to be on your trust. You have a bunch of parties, at least one of the people might not agree. Right? So you can always amend it also, if you need to-

Greg McIntyre:

Sure.

Brenton Begley:

… through the court system, but we want to try to prevent that sort of thing. It’s one of the reasons why you set up the trust. That brings me to one reason why you would either have revocable or irrevocable trust is you might not want to go through probate. We deal with probate cases all the time. We have a bunch of probate cases. We help people through that process, that long, arduous, expensive process and-

Greg McIntyre:

Wait a second. Probate?

Brenton Begley:

Right.

Greg McIntyre:

What the heck is probate? I like your tie, by the way.

Brenton Begley:

Thank you.

Greg McIntyre:

Is that the scales of justice on your tie?

Brenton Begley:

This is the scales of justice.

Greg McIntyre:

Are you going to court today?

Brenton Begley:

I am going to court. That’s why I have the scales of justice on my tie.

Greg McIntyre:

That’s why. You’re going to bring justice to the court system.

Brenton Begley:

That’s right.

Greg McIntyre:

I used to tell some of my clients, “You don’t want justice, because if you got justice, it wouldn’t be a good thing.”

Brenton Begley:

That’s right, because it has to balance out, baby.

Greg McIntyre:

I’ll do my best today as an attorney, but you don’t want justice.

Brenton Begley:

Well, we’re going to get justice today.

Greg McIntyre:

We’re going to get justice today. All right.

Brenton Begley:

Yes, sir. So probate. Probate-

Greg McIntyre:

So if I get my will done, and I’m passing everything through my will, how does it actually get … House does my house, how does anything that’s entitled asset, any real estate-

Brenton Begley:

[crosstalk 00:07:05].

Greg McIntyre:

How does it get to my heirs? How does it get to my kids?

Brenton Begley:

Yeah. So probate is a default process. If I just have a will and I haven’t really prearranged any other assets to pass immediately to my loved ones, then everything has to go through probate because title has to change hands somehow, legally. To do that, you have to go through this system, the court system, and this process called probate, where you open up in estate and the executor or administrator is appointed, and they change title to the beneficiaries. But before that, they have to pay all the debts. They have to publish it in the paper, let everybody and their dog know, “Hey, if this person owes you money … “

Greg McIntyre:

So there’s a lien period from the first day you published that Greg McIntyre kicked the bucket-

Brenton Begley:

Right.

Greg McIntyre:

Okay. There’s a notice to creditors that’s published in the papers for four consecutive weeks and the county where I lived and died. Then I’ll wait. I have to wait 90 days. My estate has to wait 90 days. And that’s the lien period. That’s so creditors can attach liens to my property.

Brenton Begley:

Yeah, and that’s usually hugely important.

Greg McIntyre:

Immensely.

Brenton Begley:

All of that time, the predators had that opportunity to come in and make claims against the estate. A lot of people think to themselves, “Well, I’m not worried about that because I don’t have any creditors. I pay my bills.” But the problem that we see is most people who pay their bills, they rack up a bunch of creditors right before they pass away. Nursing home bills, hospital bills-

Greg McIntyre:

Healthcare bills for the last year of your life.

Brenton Begley:

Or Medicaid, if Medicaid paid out.

Greg McIntyre:

What if I needed long-term care? What if I needed nursing home care for a few years, couple of years? Many times, man, those bills are eight, 10, $12,000 a month or more.

Brenton Begley:

Yeah, a month.

Greg McIntyre:

A month. Many people spend down everything they made their whole life and lose their homes because of the high cost of nursing home care.

Brenton Begley:

Yes.

Greg McIntyre:

Very few, a small percentage of people have long-term care insurance. We’re not insurance agents. We don’t sell long-term care insurance, but we can from a legal aspect, even if you don’t have long-term care insurance, help protect your assets from the probate process and liens like Medicaid liens attaching. Because if you spend out your money and you don’t have the bankroll to pay for nursing home care, you’re going to have to roll to Medicaid to pay for it.

Brenton Begley:

That’s right because there’s two sides of this. If you roll the Medicaid or what if we help you protect those assets that you have and qualify you for Medicaid from the outset? It’s a system you paid into your whole life. So, hey, you can use that to pay for long-term care. So what if you came to somebody like us, you got qualified for Medicaid, and we protect the assets? Medicaid pays out for your long-term care.

Greg McIntyre:

That’s my money.

Brenton Begley:

Well, the other side-

Greg McIntyre:

I’m just taking it back.

Brenton Begley:

Exactly. But the other side of that is, and what we pay attention to, is Medicaid wants that money back.

Greg McIntyre:

Right.

Brenton Begley:

They want to get it after you pass away.

Greg McIntyre:

They went to get it from my house I spent 30 years paying off a mortgage to the bank for three times as much as I borrowed with the interest rate.

Brenton Begley:

Exactly. Exactly. In North Carolina, though, they’re limited in how they can go after those assets. They can only go out in the assets that are passing through the probate process.

Greg McIntyre:

It’s not an expanded recovery state.

Brenton Begley:

That’s right. We’re in a limited recovery state here in North Carolina. So that gives us the opportunity to say, hey, okay, if we protect these assets and you keep them out of probate, then we keep them out of the hands of Medicaid being able to recover whether or not you plan ahead and preserve those assets and then get on Medicaid. Or if you didn’t plan and you have to be-

Greg McIntyre:

So an irrevocable trust can be a great tool there.

Brenton Begley:

Oh, absolutely.

Greg McIntyre:

An amazing tool.

Brenton Begley:

Yeah-

Greg McIntyre:

Because-

Brenton Begley:

We call it a Medicaid asset protection trust.

Greg McIntyre:

Sure. We can build a Medicaid asset protection trust. Hey, and that can help protect retirement benefits. It can help protect the home.

Brenton Begley:

Life insurance.

Greg McIntyre:

Life insurance, annuities, stocks, bonds, securities.

Brenton Begley:

Property.

Greg McIntyre:

A trust can really own anything. It can own an unlimited amount of accounts and assets, and the trustee controls those. Then you can still be a beneficiary of the income for the rest of your life. So this is not just … so not only could it help someone who’s scared that, “Hey, I want to make sure my assets protected.” What if I’ve got plenty of money? I’m not worried about it. How can a trust help?

Brenton Begley:

Yeah, if you’ve got plenty of money and you’re not worried about, well, you should be worried about it because the cost of long-term care is astronomical.

Greg McIntyre:

But why should I be? I’m going to play devil’s advocate. Why should I be? I’m a fat cat multimillionaire. That’s what I am. All right? Today. This is what I’m playing on the show. Why do I care if my money goes through probate or not? I’ve got a will. I wrote it myself because I’m a control freak.

Brenton Begley:

Right.

Greg McIntyre:

It’s what I do.

Brenton Begley:

Well, there’s a couple reasons. The first thing that jumps out at me is if it goes through probate, and you got a lot of money going through probate, everybody and their dog is going to try to challenge whatever you’ve written, especially if you wrote that way yourself. What’s going to happen in that estate-

Greg McIntyre:

You mean my kids could fight over my assets?

Brenton Begley:

Yeah.

Greg McIntyre:

My kids are sweet and loving. You think they’d fight over money?

Brenton Begley:

I bet everybody’s kids out there are good people. I would not argue with that fact, but what I’ve seen … Okay, I’ve done a lot of what they call will caveat cases, whether I’ve defended them or been hired to do them-

Greg McIntyre:

Does that mean you’re suing people?

Brenton Begley:

That means I’m suing people that are challenging a will.

Greg McIntyre:

You’re one of the ones who are suing people.

Brenton Begley:

That’s alive and well right now. That practice is suing. The challenged wills is alive and well in every county.

Greg McIntyre:

Surely, surely.

Brenton Begley:

There are hundreds, thousands of cases, will caveats in every county in the state-

Greg McIntyre:

Surely.

Brenton Begley:

… challenging wheels over less money than you would think, less property than you would think-

Greg McIntyre:

Right.

Brenton Begley:

… over the pettiest of things. There’s not a doubt in my mind that if that substantial amount of money was going through probate, the estate would be challenged.

Greg McIntyre:

So the will caveat, that’s setting up my family to fight over my assets?

Brenton Begley:

Yeah.

Greg McIntyre:

That’s it?

Brenton Begley:

Plus, if you don’t plan to keep it out of probate, too, you don’t plan to keep it away from a federal estate tax, which is a huge deal.

Greg McIntyre:

Yeah, so why am I worried about that?

Brenton Begley:

Well, the federal estate tax right now, the rate, and this rate won’t change, it’s 45 to 50% of your state is taxed.

Greg McIntyre:

So half my estate will go to the government?

Brenton Begley:

Yes.

Greg McIntyre:

If I hit over the taxable exemption limit.

Brenton Begley:

That’s right. So a lot of people right now aren’t too terribly worried about North Carolina.

Greg McIntyre:

I’m worried about it. I worked hard for that money.

Brenton Begley:

Right, right. Well, a lot of people aren’t worried about it because-

Greg McIntyre:

I don’t want the government to get half of it.

Brenton Begley:

They’re not subject to the tax right now.

Greg McIntyre:

I gave the government plenty of everything I made during my lifetime.

Brenton Begley:

Well, a lot of people aren’t worried because they’re not subject to the tax right now because you have to give over 11.18 million right now to be subject to that tax but they’re going to lower that.

Greg McIntyre:

I heard it might be lower then.

Brenton Begley:

In the threes. Yeah, three million. That still might seem like a lot for a lot of people, but this includes everything you own. Insurance, property, your home, money, retirement accounts, all that stuff.

Greg McIntyre:

If you start buying those things, you can get up there.

Brenton Begley:

Yeah, you can get up there pretty quick.

Greg McIntyre:

And they can take half of all that?

Brenton Begley:

Yes.

Greg McIntyre:

I don’t want that to happen. How can a trust help me?

Brenton Begley:

So a trust, an irrevocable trust specifically, can help take advantage of especially right now, before they change that right now … Make hay while the sun shines, right? We have 11.18 billion dollar exemption for a lifetime gift. We can take advantage of that now. So you can give up to $11.18 million, 22.36 if you’re a couple, to a trust and lock in that exemption right down before they change it.

Greg McIntyre:

So what if I don’t want to do an irrevocable trust? I want to still maintain control for the rest of my life. Can it go irrevocable when I die? My wife’s a little bit younger than I am. Okay? I’m pretty sure that I’ve lived hard. So I’m pretty sure I’m going to pass before she does. Okay? She jogs every day, eats fruits and nuts. So that’s pretty much, that’s her lifestyle. So, when I die before she does, can it go to irrevocable then, and be set up to take care of her for the rest of her life?

Brenton Begley:

Yeah, and-

Greg McIntyre:

And maximize her taxable exemptions?

Brenton Begley:

Yeah, you can basically give your tax exemption to her so she can double hers. At that time it becomes irrevocable, she still benefits from the income and everything that you all built together at that time would be protected and preserved from the estate tax-

Greg McIntyre:

[crosstalk 00:16:01]. Well, who’s going to be the trustee?

Brenton Begley:

… from the estate tax when she dies.

Greg McIntyre:

I don’t trust my kids to be the trustee now, because I don’t know. I do, I trust them. I love them, but what about having a corporate trustee or some third-party trustee?

Brenton Begley:

You can absolutely do that.

Greg McIntyre:

Okay. Will you guys help me find a company or somebody who can do that?

Brenton Begley:

Yeah, or we can do it. It’s not unheard of to have your attorney act as that trustee.

Greg McIntyre:

Okay. So you guys have the option to do that?

Brenton Begley:

Yep.

Greg McIntyre:

In fact, that I think our firm manages quite a number of trusts right now.

Brenton Begley:

Yes, we do.

Greg McIntyre:

So, okay. Trusts can help me avoid probate, avoid a state tax.

Brenton Begley:

Avoid the cost of long-term care.

Greg McIntyre:

Avoid the cost of long-term care. What about ease? I’ve heard this probate thing can take six months, a year. Some of them, even two years to get through.

Brenton Begley:

Or longer.

Greg McIntyre:

Or longer. How’s that compared to a trust and the ease of trust administration versus probate?

Brenton Begley:

Well, trusts happen just instantaneously. So if it’s my trust, the moment my head hits the dirt, it is my beneficiaries’ assets, and all my trustee has to do … So if I’m the trustee, I’ll have a backup one appointed, all my new trustee has to do, or my trustee, if I appointed them during my life, all they have to do is give those assets away to your beneficiaries per the terms that I’ve already put in the trust. So it’s not going to be confusing or anything like that. All the directions are right there.

Brenton Begley:

All they have to do is write the check or sign the deed or whatever to distribute those assets.

Greg McIntyre:

Would you guys work with my trustee if I were to pass away?

Brenton Begley:

Oh, yeah, absolutely. So routinely, if we draft a trust for somebody or if someone has a trust, the trustee, after they pass away, come in and we tell them, “Hey, this is how easy it is” and we walk them through it. It’s not a hard-

Greg McIntyre:

We offer free consults to that, I think.

Brenton Begley:

Yeah, yeah.

Greg McIntyre:

We give a certificate.

Brenton Begley:

And here’s the other thing. Here’s the other benefit of trusts. So we talked a little bit about will challenges, will caveats. Trusts, it’s much, much harder to challenge trust. There’s an old saying that possession is nine-tenths of the law. So if it passes instantaneously to the beneficiaries and the trustee already passes it. So there’s this very, very small window of time in which you have to challenge a trust, as opposed to a will. After someone dies, you have three years that you can go back and challenge that will.

Brenton Begley:

Sure, you could challenge the trust after a certain amount of time, but those people already have those assets. It’s much, much harder to recover assets if you have that trust. So, that means that the person who made this trust, their wishes are much more likely to be carried out and not meddled with, through some type of litigation.

Greg McIntyre:

Okay. Okay. So you think it may be a little more sound, as far as challenges go?

Brenton Begley:

Exactly.

Greg McIntyre:

It’s more secure.

Brenton Begley:

We put a term in our trust-

Greg McIntyre:

And quicker. And quicker. It’s all just instantaneous. It’s a short period of time as opposed to over two years.

Brenton Begley:

And we’d put a term in our trust that says, “Hey, if you’re challenging this trust and you’re supposed to take on, of you’re a beneficiary and you decide to challenge this trust, and you’re not doing this challenge in good faith, then you lose your share.” So that incentivizes individuals taking on the trust, not to sue, unless they have a really, really good reason.

Greg McIntyre:

Right. Unless there’s just something nefarious going on inside of the trust. The trustee’s gone rogue or something like that. We have some special things built in the trust as well to protect against that, too, don’t we? If your trustee just went haywire and started spending the money on themselves, buying themselves lavish gifts, things like that, we have a trust protector in. What’s a trust protector versus a trustee?

Brenton Begley:

Well, number one, the trustee has a fiduciary duty to the beneficiaries, to the trust, to the grantor. If they violate that fiduciary duty, they can be held liable. So that’s number one. The trust protector is exactly like it sounds. They protect the trust. So if something nefarious is going on, they can come in and say, “Hey, look, this person is violating their fiduciary duty. This trustee is violating your fiduciary duty and needs to be removed for the benefit of the trust.”

Brenton Begley:

A trust protector also comes in and updates any type of Scribner’s errors in the trust, which is basically a drafting error in the trust, if it’s a material error and actually has an effect on the trust. They also can come in to amend … an irrevocable trust is needed to bring it into compliance with the law. So when a law changes, something like that, you need it in the trust to make it compliant.

Greg McIntyre:

Sure, sure. So, that can be a third party family member. Our firm routinely serves as trust protectors.

Brenton Begley:

That’s right.

Greg McIntyre:

The way we hear about something funky going on with the trust is, trust me, the family will let us know. Somebody in the family is going to let us know. We’ll investigate it and see if it’s credible or not. If we step in, remove the current trustee or put it in front of a court, something like that, to decide.

Brenton Begley:

Yeah. Another thing we do with our trust is a supplemental needs trust is built in. That’s extremely important to have just in case your loved ones-

Greg McIntyre:

What’s supplemental needs trust or special needs trusts? What are those things?

Brenton Begley:

Yes, special-

Greg McIntyre:

They’re a little different.

Brenton Begley:

Yeah, special needs trust is created by the individual who benefits from the trust. A supplemental needs trust is created by either a parent, a grandparent or a guardian. So that trust is built for if your beneficiaries become a special needs individual, meaning that they’re entitled to receive some type of means that’s a government benefit.

Greg McIntyre:

Disability.

Brenton Begley:

Which is another term for-

Greg McIntyre:

If they become disabled.

Brenton Begley:

Right, which is another term for disabled and able to get Medicaid or SSI.

Greg McIntyre:

So if I’ve got a kid, I have six kids. Let’s say one of them was to say-

Brenton Begley:

Right. They can’t have a bunch of assets and get SSI.

Greg McIntyre:

Or became disabled, because I don’t know what accidents are going to happen or what’s going to-

Brenton Begley:

In the future, right?

Greg McIntyre:

Yeah, I don’t know what’s going to happen. So I can’t predict the future, but I want to plan for it. So what would that supplemental needs trust that’s built into every will and trust that we draft, what is that? What’s that do?

Brenton Begley:

Yeah, so they can’t have a bunch of assets and still qualify for their lifetime benefit Medicaid-

Greg McIntyre:

Like SSI?

Brenton Begley:

Yeah.

Greg McIntyre:

Or SSEI?

Brenton Begley:

So then the important-

Greg McIntyre:

SSI.

Brenton Begley:

The important function of the special needs trust, or the supplemental needs trust, is to allow them to receive their inheritance. So as much inheritance as you want to leave them-

Greg McIntyre:

IN the trust?

Brenton Begley:

In that trust-

Greg McIntyre:

[crosstalk 00:22:50] and not have that governmental benefit.

Brenton Begley:

That’s right, and not kick them out of their lifetime governmental benefit, which they’re entitled to.

Greg McIntyre:

Which, SSI comes along with it, a Medicaid healthcare proponent as well, component as well.

Brenton Begley:

Right.

Greg McIntyre:

Not proponent, component, because sometimes there’s a lot of elevated healthcare costs as well and how are you going to pay that. Right?

Brenton Begley:

Right.

Greg McIntyre:

So it can hold your inheritance, and the trustee can still Dole out that money to purchase things for that person.

Brenton Begley:

Yeah, anything that SSI or Medicaid is not covering, it can be covered by this supplemental needs trust just in general. There’s some regulations and the rules on that. If you have one, it’s best to go over those in detail before you spend from the trust.

Greg McIntyre:

Sure.

Brenton Begley:

But generally, it’s meant to provide support and income money or resources over and above what those governmental programs are already paying out.

Greg McIntyre:

Right. Agreed.

Brenton Begley:

Right. So to recap, what we love about trusts is how flexible they are, how beneficial they can be for our clients. Number one, to avoid probate. Probate is a big deal. You don’t want to have to go through it. You want to avoid that if you can. If you would truly love your loved one, that you don’t want them to go through that. You want to avoid the possibility of some type of estate tax. It’s huge. Huge, huge, huge, and give generation skipping transfer tax, all that stuff, a trust can help you prevent from dealing with that.

Brenton Begley:

Hey, if you want to protect your assets, just generally and possibly qualify for some type of long-term care benefit. Given that 70% of individuals over 65 needs some type of long-term care at some point in their lives, that’s huge. What else confronts do?

Greg McIntyre:

It can help me write a story. If there’s anything I love is sitting around the fire, telling a good story, a good, long story. Okay?

Brenton Begley:

I’m with that.

Greg McIntyre:

I might not trust my grandchildren at the time to get a bunch of money at 18. That might ruin them, spoil them.

Brenton Begley:

Right.

Greg McIntyre:

The key is, is to instill a work ethic while also giving them a better bottom lot in life than you had. For your children and grandchildren, great grandchildren, and everything, trusts can allow you to distribute the money in a discretionary way to make sure they go to college. Then just say, perhaps once they’ve gotten a little more education life experience under their belt, to add on, or to start distributing maybe so much for a year, maybe say 10% a year at 25 and 35 until it’s exhausted.

Greg McIntyre:

So we use smart distribution tactics, as opposed to simply outright giving it to them, free of trust. So that can really help shape a family, I think, the right way as opposed to cursing them with too much money or-

Brenton Begley:

Right, yeah, because that that inheritance might go to a Maserati instead of tuition.

Greg McIntyre:

I love a Maserati. But I’d love my grandkids to go to college more. Okay, so this has been the Elder Law Report. Thanks so much for listening. We’ll see you next week.

Brenton Begley:

That was pretty sweet.

Greg McIntyre:

Thanks for watching. Hey, you did a great job.

Brenton Begley:

Thanks, man. I didn’t laugh the whole time.

Greg McIntyre:

This is the after show. Huh?

Brenton Begley:

I didn’t laugh the whole time.

Greg McIntyre:

You didn’t laugh. We tried to record this last week, and he laughed for 10 minutes straight. I don’t know why. I can be funny. You know what? I thought it was a pretty good question and answer, too.

Brenton Begley:

It was.

Greg McIntyre:

I liked the use of the third-party client. Right? I had to be a good old boy.

Brenton Begley:

Yeah, you did.

Greg McIntyre:

A little bit, but-

Brenton Begley:

It’s good.

Greg McIntyre:

Yeah. I think I brought out all the-

Brenton Begley:

Well, good old boys are-

Greg McIntyre:

We covered a lot of issues.

Brenton Begley:

Good old boys are honest.

Greg McIntyre:

They are.

Brenton Begley:

That’s [crosstalk 00:26:32].

Greg McIntyre:

Good job, man.

Brenton Begley:

Thanks.

Greg McIntyre:

You must be an attorney.

Brenton Begley:

Oh, yeah. Pretty good one, too.

Greg McIntyre:

Hey, we’ll see you next week with the Elder Law Report.

⚡️How You Are Set Up to Fail

in Articles, Attorney Advisor Series by Greg McIntyre Leave a comment

I am not happy. I have been fighting for my clients for years. As an Elder Law attorney, I have been on the front lines protecting property and individual rights. I have faith in this country and the hardworking people who live here. However, I have only seen the system make it harder and harder to keep your hard-earned money and property and to ensure you’re not taken advantage of. There is no other way to say it, the system is set up to take away your money and rights before you pass away.

The Cost of Long-term Care is Increasing

The average cost of long-term care is between five to ten thousand dollars a month. And that amount is only going up.  Considering that seventy percent of individuals over the age of sixty-five will need long term care, means that the majority of individuals in this country are facing a huge expense that they certainty cannot afford.

The expectation is that you spend whatever you’ve worked your whole life to earn on this need for care. Medicare won’t cover it, your supplement won’t cover it, and you basically have only a couple options to pay for it.

You can use Medicaid to pay for it. However, you have to qualify for Medicaid first—even though you have paid into Medicaid your whole life, just like Medicare and Social Security. Most people think that they can never qualify for Medicaid to pay for long-term care. However, this isn’t true. With the right kind of planning, almost anyone can qualify. It just takes doing.

The Rights of the Elderly are Routinely Ignored

This is extremely important because, considering that we all age, this affects us all. It seems that once you reach a certain age, you begin to lose your constitutional rights. I am referring to incompetency and Guardianship.

A Guardianship is a process that can take someone’s rights and liberties away and make them a Ward of the State. Notwithstanding the fact that a Guardianship is a similar deprivation of rights as a criminal case, a Guardianship is much easier to get than a conviction. Courts around this state routinely rubber stamp Guardianship orders that take away people’s rights. This is after having what can hardly be considered a hearing, with minimal evidence and a low burden of proof. Not to mention that the hearing isn’t even in front of an actual judge.

Thankfully, there’s things you can do to protect against this sort of thing happening to you or a loved one. Again, it takes doing.

They’ll Get You with Taxes

We get taxed on almost everything. Taxes are most individual’s largest expense. You’d think that there would be an end in sight. However, they’re just looking for more.

I am referring to the death tax. The talk in Congress is that it’s coming roaring back and if you’re not prepared for it, you can face anywhere between forty-five and fifty percent tax on your estate.

You guessed it, there’s also a way to plan to protect from this too. However, you need to sit down and do it.

It takes doing

So, why am I telling you this? I want to demonstrate that you’re set up for failure. That’s the default position that you’ve been put in as a citizen of this country. But it doesn’t have to be that way. There’re things you can do to protect yourself, your loved ones, and your hard-earned money and property.

What it takes is an hour conversation with someone like the experienced attorneys at McIntyre Elder Law. If you have questions about how to not fail, give us a call: (704)-259-7040.


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If we can help you preserve assets before major changes in the law we would be glad to do so and would offer a FREE consult to sit down and discuss asset protection. Give s a call to schedule your free consult today or schedule online at: mcelderlaw.com. For a list of local numbers to our offices see below:

  • Charlotte: 704-749-9244
  • Shelby: 704-259-7040
  • Hendersonville: 828-233-5991

Please don’t wait ‘til it’s too late. Call McIntyre Elder Law today.

Schedule Free Consult

IN PERSON . VIDEO CONSULT . PHONE CONSULT

What is Estate Planning and Why Do It?

in Articles by Greg McIntyre Leave a comment

Estate planning and elder law attorneys Greg McIntyre and Brenton Begley explore the ins and outs of estate planning from Foundations to Trusts.


Related Articles:

Can my trust protect my retirement accounts?

Is Your Trust Convertible?

How to Fund a Trust


If we can help you preserve assets before major changes in the law we would be glad to do so and would offer a FREE consult to sit down and discuss asset protection. Give s a call to schedule your free consult today or schedule online at: mcelderlaw.com. For a list of local numbers to our offices see below:

  • Charlotte: 704-749-9244
  • Shelby: 704-259-7040
  • Hendersonville: 828-233-5991

Please don’t wait ‘til it’s too late. Call McIntyre Elder Law today.

Schedule Free Consult

IN PERSON . VIDEO CONSULT . PHONE CONSULT

Fiduciary Series: Trustee

in Articles, Attorney Advisor Series by Greg McIntyre Leave a comment

The next steps after being named a trustee depend on what kind of trust to which you’ve been named the fiduciary. Specifically, you must first determine whether you’re trustee of a revocable or irrevocable trust. 

Revocable

As a quick reminder, a revocable trust is an amendable trust agreement of which the Grantor (the person who made the trust) may also serve as Trustee. However, regardless of who is acting as Trustee, the Grantor may amend a revocable trust at any time. 

If you’ve been named as Trustee, you need to know what the trust says. Most revocable trusts maintain the Grantor as Trustee and name non-grantor parties as successor Trustee. This person steps into the role as Trustee if one or both of the Grantors becomes incompetent, incapacitated, or otherwise unable to act because of illness or death. Just because you’ve been named as a successor Trustee doesn’t mean you can avoid doing your homework. You should have a copy of the trust, be appraised of the material terms of the trust, and know what assets the trust holds. 

Irrevocable

An irrevocable trust is one that is not amendable and cannot have a Grantor as the Trustee. Thus, if you’re named as the trustee of an irrevocable trust, your job starts on day one. Whatever is held by the trust is managed by you and only you—unless you have a co-trustee. Similar to a revocable trust, you should understand the terms of the trust and you should be aware of the trust assets. 

Irrevocable trusts are typically used to protect assets for a particular reason. Therefore, they may have stringent terms and must be administered with the utmost care. In consideration of the gravity of this duty, you should seek the advise of counsel to understand the left and right parameters of your authority with respect to the trust. Furthermore, you should likely seek the advice of an attorney before making major decisions on behalf of the trust. After all, the trust was set up with an abundance of care and forethought. Such care and forethought should be the theme going forward. 

If you become the Trustee of a trust created under a will (a testamentary trust) or under another trust, that trust will be considered irrevocable. 

Conclusion

Because trusts are such flexible documents, the terms and manner of administration may differ greatly from one trust to another. Thus, it’s imperative that the individual tasked with the proper administration of the trust must seek the proper guidance to ensure they carry out they duty properly.

If you have questions about the administration of trusts give the experienced attorneys at McIntyre Elder Law a call at 704-259-7040 or visit our website at mcelderlaw.com.


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If you or your loved one has questions we would be glad to extend a FREE CONSULT to answer those estate planning and elder law questions and get your affairs in order. Let the experienced attorneys at McIntyre Elder Law help. Call (704) 259-7040.

Schedule Free Consult

IN PERSON . VIDEO CONSULT . PHONE CONSULT

Brenton S. Begley, Elder Law Attorney

Book Your FREE CONSULT Today!

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

Fiduciary Series: Executor

in Articles, Attorney Advisor Series by Greg McIntyre Leave a comment

So, you’ve been named someone’s Executor in their will. Now what? The answer to this question can be broken into two separate phases: pre death and post death (to put it bluntly). It’s important to note that you don’t have to be an Executor, even if you’ve been named. However, if you choose to undertake this duty, it’s best to know what to do next. Here are your immediate first steps.

Phase 1:

Phase 1 is easy. You have been named an Executor in the last will and testament of someone who trusts you. The person that named you (the Testator) is thankfully still alive. So, there’s not much to do. This is because the will doesn’t really come into play until the death of the testator. That being said, there are a couple things you need to know.

You need to know the location of the original copy of the will. To probate a will, you must have the original version. And, while it’s possible to probate a copy, it’s a huge headache. Thus, you should ensure that the Testator keeps the original in a safe place that you have access to.

You should know which items, generally, are passing through probate. A will means probate. Thus, only assets that pass-through probate are controlled by the will. Because of this, you should have a general idea of the assets, owned by the Testator, that will pass outside of probate. These assets may be ones that have been placed in trust or assets that have a beneficiary designated or right of survivorship. Either way, knowing which assets you actually need to worry about will save you a lot of time and energy.

Phase 2:

You should know what the will says. Wills are legal documents with terms of art that can be confusing. Furthermore, some of the provisions in the will may not apply. To determine the proper plan going forward, you should seek legal counsel to ensure you understand how the law governs the process you’re entering.

You should know who the heirs are. Similar to the terms of the will, the heirs at law may not be ready ascertainable by simply reading the will. Your duty as the Executor is, primarily, to determine who the heirs are and what they get. Therefore, this is another area where you should seek legal counsel. You want to make sure that you’re getting this part correct. Otherwise, you could face liability.

Lastly, your first step with the court system will be to file the original will and apply to be the Executor—even though you’ve been named, you must be approved by the court. At this point, the estate is open, the probate process has begun, and your duties as Executor commence.


Related Articles:


If you or your loved one has questions we would be glad to extend a FREE CONSULT to answer those estate planning and elder law questions and get your affairs in order. Let the experienced attorneys at McIntyre Elder Law help. Call (704) 259-7040.

Schedule Free Consult

IN PERSON . VIDEO CONSULT . PHONE CONSULT

Brenton S. Begley, Elder Law Attorney

Book Your FREE CONSULT Today!

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

Education Spotlight: Home Protection with Deeds

in Articles, Attorney Advisor Series by Greg McIntyre Leave a comment

Estate Planning & Elder Law Attorney, Brenton Begley gives a great education moment to our team and you on how to protect your home with deeds. Schedule your FREE consult today: 704-749-9244, or online at: mcelderlaw.com/freeconsult.


If you or your loved one has questions we would be glad to extend a FREE CONSULT to answer those estate planning and elder law questions and get your affairs in order. Let the experienced attorneys at McIntyre Elder Law help. Call (704) 259-7040.

Schedule Free Consult

IN PERSON . VIDEO CONSULT . PHONE CONSULT

Brenton S. Begley, Elder Law Attorney

Book Your FREE CONSULT Today!

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

Can my trust protect my retirement accounts?

in Articles, Attorney Advisor Series by Greg McIntyre Leave a comment

When discussing an estate plan, there is almost always an important question from people around what to do with their retirement accounts.  They tend to be one of the major assets for an individual and it makes sense to want to protect them with a powerful legal tool like a trust.  However, while you are living you cannot place your retirement accounts directly into a trust.   But, as you may have guessed since we are still in the first paragraph, that does not mean the discussion stops there.  Even though the retirement accounts cannot go directly into the trust, it is worth strategizing to determine the best approach to ensure the protection and preservation of those assets.  The first question we have to address is whether those retirement accounts are tax deferred accounts or not.  

What is a tax deferred account?

Initially, we should be clear on what a tax deferred account is.  This refers to an account where you have not paid taxes on the money that has been placed into that account, an advantage afforded to accounts like your 401(k) or a Traditional IRA.  However, it is important to emphasize that it is tax deferred and not tax free.  It is deferred because someone, someday, is going to pay tax on that money when it is withdrawn.  That may be you paying tax on that money as it is withdrawn in your retirement, or it will be your beneficiaries paying tax on it as they are required to withdraw it after they inherit the account.

This is in contrast with an account such as a Roth IRA, where you have already paid tax on the money invested in the account.  If your retirement assets are housed in a Roth IRA currently, then you have a lot more flexibility with how you manage that account.  Even though the specific Roth IRA account cannot be placed into the trust, those assets you have invested in the Roth IRA can be moved into an account within the trust without having to pay the same penalties or level of tax that is due on a tax deferred account.

Can my tax deferred account be placed directly into a trust?

No, that tax deferred account cannot be transferred directly into your trust.  But that does not mean those assets are destined to count against you for medicaid qualification purposes, or that those assets do not have an avenue to protection and preservation. 

The main consideration at this stage is going to be defining your goal with those assets.  If your planning does not include medicaid qualification then your estate plan could rely on ensuring there are beneficiaries on your accounts so that the assets do avoid probate.  But it is worth considering the value of a program like long term care medicaid and the thousands of dollars that have to be spent every month for long term care.  Factoring in the value you receive compared to what it would cost to transfer your assets out of a retirement account into your trust allows you to reach a decision that makes the most sense for you.  

Are the tax consequences the same if I or my beneficiaries withdraw the assets from my tax deferred account?

The amount of tax paid is very likely to be different depending on who is withdrawing the assets.  As I stated at the outset here, someone has to pay the taxes on your retirement account someday.  The likely options are either you pay them during your life by withdrawing the assets yourself or that your beneficiaries pay them as they make required withdrawals after inheriting it.

Legislation was passed at the federal level in 2019, called the Secure Act, that requires beneficiaries of a tax deferred account to withdraw those inherited funds over the span of a ten year maximum period.  This ten year deadline is critical to be aware of for planning purposes because what that really means is that the assets in your tax deferred account may be more valuable to you than they will be to your beneficiaries when the rubber meets the road.  This is because you are not required as the initial investor to withdraw that entire asset over the course of ten years.  Additionally, it is assumed that when you are making most of your withdrawals from that account you are retired.  Making withdrawals during retirement means you are not earning additional income through a job and pushing your income tax rate to a higher level. 

However, the flip side is that your beneficiary is likely to receive this asset during their working years and therefore they will be taxed on these withdrawals at a higher rate as it is added to their income.  The ten year withdrawal requirement also limits the beneficiary’s ability to spread those withdrawals out over a longer period of time, consequently increasing the amount taken out each year and importantly, increasing the amount of taxable income to that individual. 

THE BIG QUESTION

Is it the right decision to move my assets out of their tax-deferred status so that I can place them in my trust?

Here comes the classic lawyer answer, it depends!  The answer here depends on your individual goals and circumstances.  We are only here to recommend tools that fit your needs and will benefit you.  There are absolutely scenarios where the right financial move is going to involve withdrawing those assets out of their tax-deferred status and placing them into your trust.  That is because with your assets in a trust you are possibly setting yourself up to qualify for long term care medicaid to assist with paying for your expenses, limiting your tax liability from any changes to the estate and gift tax, and protecting those assets from other creditors or lawsuits so that they make it to the hands of your loved ones.  If this question is one you are considering yourself, one of our attorneys would be happy to assess your specific situation and work with you to come to the decision that is best for you.


Related Articles:


If you or your loved one has questions we would be glad to extend a FREE CONSULT to answer those estate planning and elder law questions and get your affairs in order. Let the experienced attorneys at McIntyre Elder Law help. Call (828) 233-5991.

Schedule Free Consult

IN PERSON . VIDEO CONSULT . PHONE CONSULT

Book Your FREE CONSULT Today!

Jake Edwards, Attorney

Jake Edwards

Estate Planning & Elder Law Attorney

mcelderlaw.com

Hendersonville Office

136 S. King St. Hendersonville, NC 28792

828-233-5991

Now What? I’ve Been Appointed as Agent under a Power of Attorney. 4 Things to Consider.

in Articles, Attorney Advisor Series by Greg McIntyre Leave a comment

Article 1: Fiduciary Instruction Series.

So, you’ve been named as somebody’s agent under power of attorney. That person (the “Principal”) is beginning to need your help making financial and healthcare decisions. What are you next steps?

1. Make Sure the Power of Attorney is Valid and Works
You first want to make sure the POA is valid. Financial POAs must be signed by the Principal and notarized, and should be recorded at the register of deeds in the county where the Principal resides. The healthcare POA must be signed by the principal and witness by two independent individuals in addition to being notarized.
The POAs should also be broad and specific. They must lay out each power given to the Agent and must define each power. It’s also important to ensure that you know when the power becomes effective I.e., whether the Principal must be considered “incompetent” before it can be used.

 
If the POAs are either invalid or fall short, you should seek to have them redone by an attorney while the Principal is in their right mind. Note, that this MUST be done with the Principal’s full knowledge and cooperation.

 
2. Make Sure the Power of Attorney is on File with the Relevant Entities
You don’t want any hitches in attempting to use the POA. Typically, the bank or life insurance company, or any other entity won’t let you use the POA until they’ be had their in-house attorneys review and approve them. Depending on the company, this can take days or weeks. Thus, it’s important to go ahead and put the POAs on file with each and every relevant entity, including the bank, primary physician, investment company, life insurance company, and the register of deeds. This is best done by mailing, emailing, or faxing a copy of the POA with a cover letter indicating your purposes for sending the document. 


3. Make Sure You Know Where Everything Is
It will be difficult to act on behalf of the Principal if you don’t know where they bank, where they have their life insurance, who their primary care physician is etc. Thus, you should figure out, by talking to the Principal, where everything is. You should compile a list and keep it with the POA document. This list should also include medications, who they use for tax preparation, their attorney, the funeral home ( if they’ve prepaid their funeral), their bank accounts and number, their credit card accounts, their driver’s license information, a copy of their birth certificate, a copy of their marriage license, if any, and a copy of their social security card. 

4. Speak to a Professional about Asset Protection
Lastly, you should seek the advice of a professional. There are many considerations when evaluating how to best act on behalf of someone who may not be able to act for themselves—from protecting assets to figuring out how to pay for long-term care. 


An experienced Elder Law attorney should be consulted, so that you may lay out a clear and workable plan to ensure you’re doing the right thing to protect the Principal’s assets and ensure that they receive the highest possible level of care.

This gives us the legal basis for the Ladybird Deed that we now know and love.


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If you or your loved one has questions we would be glad to extend a FREE CONSULT to answer those estate planning and elder law questions and get your affairs in order. Let the experienced attorneys at McIntyre Elder Law help. Call (704) 259-7040.

Schedule Free Consult

IN PERSON . VIDEO CONSULT . PHONE CONSULT

Brenton S. Begley, Elder Law Attorney

Book Your FREE CONSULT Today!

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

Why doing the right thing could cost you? Caregiver Edition*

in Articles by Greg McIntyre Leave a comment

Picture this… Your elderly parent or loved one has been living at home, but they cannot completely care for themselves. They might need help cooking, cleaning, bathing, and assistance with other activities of daily living. You and your loved one may have come to a verbal agreement that you would be compensated for your time and efforts, or maybe your loved one has been paying a family friend to look after them. You don’t need an actual written contract because you are family, or you have known that family friend for years, right? WRONG. Your loved one may eventually need a higher level of care in an assisted living or skilled nursing facility and they may need to apply for benefits to assist with the cost of care. Many of you may have heard of that ominous “Look-back Period”. During the look-back period, any payment to caregivers without having a written contract in place prior to services being provided, could disqualify them for benefits for a period of time. The contract must also meet certain requirements in order to be accepted by the Department of Social Services.

Let’s just say, for example, that Mom has been paying you $500/week for the last year to provide care and other services, which comes out to $26,000 for the year and you did not have a written contract in place. There is a formula used to calculate the penalty period and that $26,000 would result in roughly a 4-month penalty period. The penalty period means that your loved one would have to pay out of pocket  for their cost of care in a facility for 4 months before their long-term care benefits would begin. But wait, it gets a little more complicated. That 4 month penalty period wouldn’t begin until Mom was “otherwise qualified” for benefits. That is a discussion for another time (perhaps at your hour-long, free consultation with one of our experienced attorneys). The average cost of care in a skilled nursing facility is around $7,500-$10,000, so at the very minimum, that $26,000 just cost Mom $30,000. 

Navigating the qualification and application process for Long-Term Care benefits can be challenging and sometimes the policies just don’t seem fair or make sense, especially when you were just trying to care for your family. This is just one of the ways that could cause your loved to potentially incur a penalty period when applying for benefits.

The solution? Come speak to one of our experienced attorneys about drafting an inexpensive caregiver agreement that could save your loved one tens of thousands of dollars. Our attorney’s can advise you on how to avoid other penalty-incurring transactions, and how to best prepare for your or your loved one’s long term care needs.


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If you or your loved one has questions we would be glad to extend a FREE CONSULT to answer those estate planning and elder law questions and get your affairs in order. Let the experienced attorneys at McIntyre Elder Law help. Call (704) 259-7040.

Schedule Free Consult

IN PERSON . VIDEO CONSULT . PHONE CONSULT

Mary Kales, Firm Medicaid Director

Book Your FREE CONSULT Today!

Regards,

Mary Kales

Firm Medicaid Director

McIntyre Elder Law

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

www.mcelderlaw.com

Phone: 704-259-7040

*Article proofed and approved by attorney, Gregory S. McIntyre.

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