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Fiduciary Series: Trustee

March 23rd, 2021 (No Comments)

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 […]

Fiduciary Series: Executor

March 21st, 2021 (No Comments)

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 […]

Education Spotlight: Home Protection with Deeds

March 15th, 2021 (No Comments)

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 […]

Can my trust protect my retirement accounts?

March 14th, 2021 (No Comments)

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 […]

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

March 11th, 2021 (No Comments)

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 WorksYou first want to make sure the POA is valid. […]

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

March 6th, 2021 (No Comments)

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 […]

Legality of the Ladybird Deed

March 6th, 2021 (No Comments)

I get the question all the time: is the Ladybird Deed legal in NC? The answer is yes. But, I don’t want you to simply take my word without any further information. So, in an effort to settle the question once and for all, let me give you the legal basis for the Ladybird Deed. […]

What type of Trust is Right for You?

March 3rd, 2021 (No Comments)

Irrevocable Trust: Join our Shelby attorney, Brenton Begley, as he sits down and talks about an Irrevocable Trust! Revocable Living Trust: A revocable living trust or RLT may be a great way for you to: Stay in control of assets. Avoid Probate. Maximize your taxable exemptions. Testamentary Trust: Testamentary Trusts: These can be a straightforward […]

What’s the deal with having two power of attorney documents?

February 24th, 2021 (No Comments)

Why can’t I just have one document that makes someone my power of attorney for everything? Well, technically you could do that.  However, there are some clear reasons why that is not common practice and why we don’t advise taking that approach.             The first consideration is cost.  A very practical reason not to combine […]

How Could Today’s Cancel Culture and Political Climate Affect Your Estate Plan?

February 19th, 2021 (No Comments)

Trust me, I am all too familiar with challenges to free speech. It’s not specifically legal challenges anymore but the tendency for unpopular opinions to be shouted down and the people behind them to be cancelled from social media and somewhat erased or made irrelevant. How does this factor into estate planning? My fear is […]

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