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Our ten-year-old daughter, Alex, came in our bedroom last night. She was upset and her sisters brought her into the room. We asked them to wait outside the door and Alex crawled up and gave me a hug. She was sobbing. Alex is generally reserved but she had been unusually quiet lately. She had been holding something in, mulling it over, and whatever it was was coming out all at one time.

“I don’t want you and mom to grow old and die”, she said.

“I don’t want to grow up… I don’t want to leave… I don’t want you to leave…” she continued.

I held her and her mother patted her back. We asked why she felt this way. We listened. I told her that I remembered thinking the same things when I was young and sometimes even now. I remember being so happy as a child and worried that things would change. Alex was experiencing the same thing. She and her sisters had gone a few weeks previous to my parents’ house in Savannah, Georgia. My mother and father are getting older as am I and as are we all. They had just left our house from a several day visit. I think that is what sparked her thoughts about change, growing older, leaving home and dying. Change is hard and can be especially hard on a smart, shy ten-year-old who bottles things deep inside.

Alex laid there for a good twenty minutes and cried and we talked. I assured her I was a young dad and that she had a young, beautiful mom who would be here for a long time. I told her I took care of myself, ate right, exercised and that I planned on being around and active for the majority of her life. We talked about how she would always have a place in our home and that she could stay there, like her older brother, Jordan, even when she is in college and has breaks and summers off. Her mother told her she could build a house on the empty lot beside us and she loved that idea. After a while she calmed down and was content. Her sisters, who had been listening at the door came in and got in bed with us, too. They wanted love and attention, too. We all talked for a good half hour more before I sent them off to brush their teeth and go to bed.

There were a few things that I didn’t tell Alex, though. A few things that I know to be true but didn’t feel appropriate for her at this age and at that time. I really don’t want to get old, either. Sometimes I want to stop time and freeze my family just the way it is but I can’t. Time moves on and we age. Things change and that’s a given. Change can be tough but it is one thing we can count on.

Another thing I failed to tell her is that I AM GOING TO DIE. I don’t know when or how but it will happen someday. Something I thought wouldn’t be appropriate at the time given her age and the circumstance. I have prepared for this. I have plenty of insurance to help take care of Stef and send the kids to college. I have set up my estate plan including a trust for the kids. I am prepared but just like her, I don’t want to grow old. I don’t want her to leave home. I wish I could freeze us in time but I can’t. So, I have faced facts and reality and I have planned for the future. I am no longer a child and I have responsibilities and children of my own so I consider planning for the inevitable a hard thing to face but a necessary one.

If I can help you and your family plan for the inevitable, plan to leave a legacy, plan to help take care of your children and grandchildren let me know. It would be my pleasure and a responsibility I take very seriously.

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.

IN PERSON . VIDEO CONSULT . PHONE CONSULT

Book Your FREE CONSULT Today!

Greg McIntyre Elder Law Attorney

written by:

Greg McIntyre

Elder Law Attorney

704-749-9244

greg@mcelderlaw.com

DANGER!!! Stop taking legal advice from non-lawyers. From funeral homes to financial planners there are lots of non-attorneys doling out legal advice these days. Brenton and Greg explore the dangers of listening to non-attorneys in this Elder Law Report.

Schedule your FREE CONSULT today!

Call for Free Consult:

– Charlotte: 704-749-9244

– Shelby: 704-259-7040

– Hendersonville: 828-233-5991

Online at: mcelderlaw.com.

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The Attorneys at McIntyre Elder Law can serve as your guide through the legal maze and address issues head on. We aim to inform and empower clients to make informed decisions. In turn, that makes having “the talk” a little easier. Reach out today at 888-999-6600 or visit us a our website at mcelderlaw.com to schedule your free consultation today.

IN PERSON . VIDEO CONSULT . PHONE CONSULT

Book Your FREE CONSULT Today!

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Long-term care insurance can be a valuable tool. However, to get the most out of what you’re paying for, it is important to understand how your policy works. Each policy is different but most have similar components. Below, we look at some of the typical issues faced by long-term care insurance policy holders and what can be done if you’re denied coverage. 

Elimination Period

The “elimination period” on a long-term care insurance (LTC insurance) policy refers to the period between when the policyholder goes into long-term care and when the benefits begin to pay out. The length of this period can be 90 days or more. Ostensibly, the reasoning behind the elimination period is to ensure that the policy begins to pay when the policy owner is unquestionably in need of long-term care. The rationale is that the insurance company doesn’t want to pay if you go into a facility for a month and return home. Whatever the reasoning, many LTC insurance owners must pay a substantial amount of money for the first few months of care. This can come as a surprise for many policy owners and lead to financial hardship. 

Unintentional Policy Cancellation

What if the policy owner cancels or stops payment due to diminished capacity? Perhaps they are suffering from dementia and can no longer manage their affairs. Many policies include an exception to the cancellation that allow you to “reinstate” the policy if it was cancelled due to the diminished capacity of one or more of the policy owners. 
Typically, once the payments begin, the premiums for the policy are waived, meaning you do not need to pay premiums during the time in which a policy is paying out. However, the pay out can stop for many reasons. Perhaps the policy owner did not meet the policy’s definition of in need of coverage (more on this below) during recertification. Perhaps the insurance company wasn’t given the invoices for the care that they are paying for. Regardless, if the payments stop, the premiums once again become due. If the premiums aren’t paid, then the policy will be cancelled.

Prerequisites for Coverage

All LTC insurance policies have a prerequisite that must be met before they pay for care. Each policy defines this differently; however, it typically involves the policy owner needing substantial assistants with multiple activities of daily living (ADLs). 
Some of these definitions can be tricky and the insurance company will require proof that their definition is met before payment occurs. As such, there can be instances where someone is in need of care but can’t get the insurance company to pay because their medical record lacks a small ultimately insignificant detail. Because of the red tape and difficulty dealing with these insurance companies, it can be hard to determine what is missing.

What Can Be Done if Denied

All LTC policies have an avenue to appeal a denial of coverage. An appeal can be a difficult and lengthy process. The help of an attorney is crucial to navigate the appeal process. An attorney can assist with making the appeal, nailing down deadlines, and pinpointing what items of information are missing. An attorney can also help set the foundation for if the insurance company continues to deny coverage and the matter must be taken to court. 
If you have questions about how to handle Long-term Care Insurance Appeals, give the experienced attorneys at McIntyre Elder Law a call at 888.999.6600. 

Book Your FREE CONSULT Today!

IN PERSON . VIDEO CONSULT . PHONE CONSULT

Regards,

Brenton S. Begley

Elder Law Attorney

McIntyre Elder Law

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

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Having the talk is hard. I’m referring to the talk that is inevitably held between adult children and their parents to include any other close relatives. The talk is frequently centered around a sensitive subject that will affect the entire family.

Perhaps people have noticed early signs of memory loss or confusion in a loved one. There could be a recent diagnosis affecting competency or cognition. Big words like Alzheimer’s disease, Dementia, or Long-term care begin to have real meaning and stir up feelings of uncertainty, anxiety, and helplessness. The family dynamic is known to shift, and family members can diverge in thought and action.

Even in light of the above, the talk is necessary. A family’s strength comes, in part, from the selflessness of its members. That same selflessness requires that we set aside our reactive, ego-centric nature.

Anyone can initiate or host the talk. However, it is best practice to refrain from imposing your own personal desires. Coming from a place of awareness, understanding, and support will set the stage to ensure you and your loved ones are equipped to make informed decisions. The best interest of our loved ones is the overriding theme.

But, how do we define “best interest?” Reasonable people can disagree on what that means. Maybe everyone disagrees. The talk is important just the same because decision making requires information and information is obtained through communication.

In having the talk, consider several important questions:

What estate planning documents are in place, if any?

Is our loved one competent? What does that mean exactly? Is guardianship necessary?

What will I leave behind and where will it go?

Who are the appointed decision makers while I’m alive? Are those decision makers ready and able?

What legal options are available to protect assets?

What happens if long-term care is needed? How will we pay for it?

What legal impact might this have on a retirement or savings?

What happens to me if something happens to my spouse?

What happens next?

…

The answers to many of these questions begin to materialize with the benefit of legal counsel.

The Attorneys at McIntyre Elder Law can serve as your guide through the legal maze and address issues head on. We aim to inform and empower clients to make informed decisions. In turn, that makes having “the talk” a little easier. Reach out today at 888-999-6600 or visit us a our website at mcelderlaw.com to schedule your free consultation today.

IN PERSON . VIDEO CONSULT . PHONE CONSULT

Book Your FREE CONSULT Today!

Therron Causey

Estate Planning & Elder Law Attorney

704-749-9244

therron@mcelderlaw.com

mcelderlaw.com

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From the Charlotte Uptown Desk of Attorney Therron Causey: How to protect your hard earned money and property.

Call for Free Consult:

– Charlotte: 704-749-9244

– Shelby: 704-259-7040

– Hendersonville: 828-233-5991

Online 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.

IN PERSON . VIDEO CONSULT . PHONE CONSULT

Book Your FREE CONSULT Today!

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Schedule your FREE CONSULT today!

Call for Free Consult:

– Charlotte: 704-749-9244

– Shelby: 704-259-7040

– Hendersonville: 828-233-5991

Online at: mcelderlaw.com.

Book Your FREE CONSULT Today!

IN PERSON . VIDEO CONSULT . PHONE CONSULT

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Charlotte Uptown Attorney, Therron Causey, works on lots of Adult Guardianship cases for our firm. He was kind enough to record a 3 minute video on Guardianships for us. Enjoy!

Schedule your FREE CONSULT today!

Call for Free Consult:

– Charlotte: 704-749-9244

– Shelby: 704-259-7040

– Hendersonville: 828-233-5991

Online at: mcelderlaw.com.

Book Your FREE CONSULT Today!

IN PERSON . VIDEO CONSULT . PHONE CONSULT

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            You’ve heard the story before. Someone dies and they leave behind a will, which surprises at least one of their loved ones. This person feels slighted, cheated, abandoned, or indignant. Maybe, they think, the will was influenced by the shady tactics of others. Maybe the person who made the will had no idea what they were doing. Either way, the will should be challenged. The question then becomes: how does one go about challenging a will?

In NC, a challenge to a will is called a “caveat.” There are only a few bases upon which one may bring a caveat. Perhaps the will is invalid because it was procured by undue influence or duress. Perhaps the person making the will (the “Testator”) lack the requisite mental capacity to execute the will at the time it was signed. Or, perhaps the will was not validly executed as required by NC law.

Undue influence means that the Testator was influenced to make the will and that the person doing the influence either had them over a barrel or used isolation and deceit to convince them to execute the will. Duress means that the person doing the influencing use overtly threatening behavior to influence the Testator to sign the will. In either case, the rationale is that the Testator would not have executed the will in question had the influencer not used threats or deceit. Thus, the will should not stand.

To make a will in NC, the Testator must understand what they’re doing. This means that they must have a clear idea of their assets and their heirs, and also understand the effect of the will that they are executing at the time they sign it. Just because someone has “diminished capacity” doesn’t mean that they lack testamentary capacity. As long as they understand what’s going on and the effect of the will’s execution at the time of signing, the will is valid. That being said, it is best to proceed with an abundance of caution if the Testator is known to have di minished capacity.

Lastly, a will in NC must be signed by the Testator in the presence of two attesting witnesses (the Testator and witnesses must be over 18). If there is a failure in the signing of the will, it is considered invalid.

Now that you know the basis upon which a will can be challenged, you can effectuate your challenge by filing a caveat in the county where the estate process (probate) has commenced. The caveat will freeze the probate process until a superior court can determine the validity of the will.

Proceed with Caution

            Before you challenge a will, it is important to understand the effect of the will’s invalidation. For example, let’s say Bob wants to challenge his father’s will made in 2020 because it left him out. Bob goes through the caveat process and is successful in getting the will thrown out. However, there was a prior will made by his father in 2000 that also disinherited Bob.  Bob has just gone through a whole trial just to achieve the same result.

            If you have questions about challenging a will, give the experienced attorneys at McIntyre Elder Law a call or schedule your FREE CONSULT online at: mcelderlaw.com.

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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

Book Your FREE CONSULT Today!

IN PERSON . VIDEO CONSULT . PHONE CONSULT

Regards,

Brenton S. Begley

Elder Law Attorney

McIntyre Elder Law

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

www.mcelderlaw.com

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How can the way you own real estate help or hurt you as you age? Find out in this week’s episode.

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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 (828) 233-5991.

IN PERSON . VIDEO CONSULT . PHONE CONSULT

Book Your FREE CONSULT Today!

Our Probate Case Manager, Tiffany Blackburn, breaks down the “Publication Period” that takes place during a Probate process.

#theelderlawguy #lawyergreg #estateplanning #savingthefarm #hometownheroes #vetbens #medicaidcrisisplanning

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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 (828) 233-5991.

IN PERSON . VIDEO CONSULT . PHONE CONSULT

Book Your FREE CONSULT Today!