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SPECIAL!!! Elder Law Report: Coronavirus

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SPECIAL!!! Elder Law Report: Coronavirus. Greg & Hayden hash out the issues of the day with this State of Emergency. Hayden has some tips for seniors to stay safe and they discuss estate plans and quarantines. Learn more: 704-749-9244 or online at mcelderlaw.com.

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Taking Control

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In a world of chaos and corona virus and the 24 hour news cycle we are on a Merry-Go-Round of fear and anxiety. When we stay that way we are being controlled. How do we take control and not be controlled? How do we find peace of mind in trying times? Pause, get off the merry-go-round, look around you. What do you have to be thankful for? Start by taking inventory, setting goals and making a plan. Important information out out on this Today Show appearance. Learn more: 704-749-9244 or online at mcelderlaw.com.


Speaker 1:

You know, so a lot of people are a bit anxious these days, whether it’s news about the Coronavirus or the economy. We worry about things that we don’t have control over.

Speaker 2:

That’s why our next guest says you should take control of the things that you can, like estate planning. Welcome Greg McIntyre with McIntyre Elder Law. Hello and welcome to the show. How are you doing, sir?

Greg McIntyre:

I’m doing great.

Speaker 2:

Good.

Greg McIntyre:

Thank you for having me. Thank you very much for having me.

Speaker 1:

We’re going to talk about a couple of things.

Greg McIntyre:

Sure.

Speaker 1:

Let’s start with this though, Greg. You know, one way people can take control of their future is with an estate plan. How do we get started with that?

Greg McIntyre:

Sure. I just find when there’s anxiety out there or things are out of control, I want to find something that I can understand and control and one thing that we help with is estate planning and elder law. So getting that estate plan in place, making sure we plan for the future, that no matter what happens, we have peace of mind. We know what’s going to happen with our family, with our assets, with our money, with our property. Could be assigning someone to take care of, in this current environment, healthcare.

Speaker 1:

Yeah.

Greg McIntyre:

You know, who do we want to appoint to make our important healthcare decisions. I’ve discussed before, I have six children. How long do you think that it would take them to reach a conclusion of what healthcare procedure I needed? I would be laying there just waiting, right, for them to make that decision.

Greg McIntyre:

They’d start fighting. They’d split off into groups. I want to appoint somebody. I want to be selfish and appoint somebody to make healthcare decisions for me. That’s really important in the current environment.

Speaker 2:

So why should people protect their estates?

Greg McIntyre:

Well, I think because they deserve it. I’ve worked really, really hard for what I’ve acquired so far. My family’s worked very hard to eke out a living, to buy a house, to get retirement and people deserve, the American people, the people in North Carolina, deserve to be able to preserve those assets and pass them onto their children, to their grandchildren, to help their families.

Speaker 1:

Just a moment ago before we came on the air with you, Greg, you were talking about how news of the Coronavirus has affected some of what you do, some of your work right now.

Greg McIntyre:

Oh, sure. I’m worried a little bit, but only because nursing homes, hospitals, assisted living facilities and rightly so, have started locking down. They’ve started not letting people out and not letting residents out, not letting family members or professionals in.

Greg McIntyre:

So what if I am in a nursing home? What if I’m in a hospital and I’m perfectly competent and I want to put in place some powers of attorney. I want to appoint my wife to be able to go out there and handle my business for me or move some money over from an account that only I’m on, or real estate, something, do anything for us. Pay the bills, you know, whatever needs to be done.

Greg McIntyre:

But I can’t get my attorney in. I can’t get a notary to come in to actually physically look at my signature and notarize. There’s not an electronic option right now out there. So you know, how am I going to get it done? I think it restricts people from getting anything like that done if you get in that situation.

Greg McIntyre:

So I want to alert people to that and just say we’re here. We’re here. If you need help with estate planning, protecting assets, putting in place important people to make healthcare, financial decisions, protect, avoid probate with trust. We’re here. We’re here to help.

Speaker 1:

So what can people expect in a meeting with you and your firm?

Greg McIntyre:

Sure. You know, just like sitting down with a family at the kitchen table and solving problems, getting everything on the table, thinking about how to solve problems. We do the same thing at the conference table. We sit down, take inventory, help people set their goals and then use legal tools and experience to help them achieve those goals and accomplish those goals. So it’s pretty, it’s not, I don’t want to make it more complicated than it is. So, yeah.

Speaker 1:

Well, Greg wrote a book to help people with estate planning. The book is called Saving the Farm. Saving the Farm, a practical guide to the legal maze of aging in America. Very quickly Greg, how can viewers get a copy?

Greg McIntyre:

Go to mcelderlaw.com/savingthefarm. You’ll get that free ebook and audio book on how to protect your hard earned money and property. Also, it will sign you up for our eNewsletter, which will keep you up to date with current developments in estate planning and elder law.

Speaker 1:

If you want, you can also call the office at (704) 749-9244, (704) 749-9244. Greg, thank you so much for your time.

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Greg McIntyre Elder Law Attorney

Greg McIntyre Elder Law Attorney

 

written by:

Greg McIntyre

Elder Law Attorney

704-749-9244

greg@mcelderlaw.com

Will YOUR Estate Planning Hold Up in this State of Emergency!

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In this State of Emergency it is important we focus on the ones we love and what we can control.

Lots of things are going on right now. The governor of North Carolina just announced that all public schools will be closing for two weeks. Also, all communal living healthcare facilities (nursing homes and assisted living facilities) have been closed to visitors which means family members, attorneys, notaries, and witnesses. What do we do and how do we deal with and cope with this situation? I am not one to sit back and simply do nothing. You shouldn’t either.

So, how do you take control? How do you get a sense of control and sanity In this surreal situation? This is literally like something out of a movie. Many of these decisions are above our pay-grade and totally out of our control so let’s focus on the things we can control. Let’s get off of the merry-go-round of 24 hours of bad news and reports and let’s focus on some things that makes sense to us. Take this time to spend some much needed time with your family. That is exactly what I’m going to do. Take this time to focus on love and happiness and leave behind the anxiety and depression being peddled on every television channel.

I have a confession to make. I slept late this morning. I was awakened by some of my children who were playing. My wife and I got up, fixed breakfast and the entire family sat and stood around the bar in the kitchen, ate and laughed and talked. What a great and amazing thing love and family are. It was the perfect start to a Saturday morning. I wish every day could start that relaxed with good food family and love. I don’t know if I will contract the coronavirus. I don’t know what the future holds. I may have a heart attack or get hit by car tomorrow. But, it is important for me to be prepared. Last summer my wife demanded that we revise our family’s estate plan. Brenton Begley, another attorney in our firm, did a great job sitting down and listening to our concerns, helping us take inventory of what we have and the loved ones in our lives, and presenting legal tools and options available to us to allow us to achieve our goals. We had a renewed sense of peace after our firm drafted and we signed our new estate plans.

Will our estate planning hold up today?

Right now if I did get the coronavirus and I was placed in quarantine my wife and children could still have peace of mind that I had given my wife the ability to operate all of our finances and real estate through a general durable power of attorney. At least in quarantine I would know that I had put in place a professional plan that allowed my family to continue and function on without me. If I did not already have that in place then there would be no way under the current state of emergency that my wife would be allowed in to see me. My attorney would not be allowed in to see me. My attorney could not bring witnesses or notaries in to see me. My ability to do any planning, appoint agents, or protect assets would be impossible. I want people to understand the current state of emergency and how it impacts them should, heaven forbid, they be quarantined.

Will YOUR estate planning hold up today?

We are certainly here to help you and your family during this trying time. Please let us know if you need anything. Call: 704–749-9244 or online at mcelderlaw.com.

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Greg McIntyre Elder Law Attorney

Greg McIntyre Elder Law Attorney

 

written by:

Greg McIntyre

Elder Law Attorney

704-749-9244

greg@mcelderlaw.com

Let’s Make Virtual a Reality

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Here is my call for a change in the law: let’s make virtual signings a reality.

I have mentioned time and time again how our nation fails to keep up with the need of our aging population. One of the best innovations of the twenty first century is the ability to do most anything virtually. However, our government—state and federal—has been slow to integrate the virtual world into the law.

Case in point is document execution. As an estate planning and elder law attorney, much of what I do requires the proper execution of legal documents e.g. wills, trusts, and powers of attorney. These documents must be executed in a very particular and specific manner; otherwise, they are rendered invalid. Specifically, most of these documents need to be witnessed and all of them need to be notarized.

Here’s the kicker, the witnesses and notary must be present during the signing for the execution to be deemed proper under the law. Thus, neither the witnessing nor the notarization may be done virtually.

So, what if the principal (the person signing the documents) has an infectious disease or communicable sickness? We can’t expect witnesses or notaries to be willing to be present in the same room with an individual who may get them sick. If you want to avoid risk, you essentially need to let the documents go unexecuted. This should not be the case. Sick people have rights too.

Furthermore, what if the principal is bed bound? Maybe they’re in the hospital or in some type of long-term care facility. We routinely travel to these individuals to assist in the execution of the documents that we create. However, it could be done much faster and much more efficiently.

Virtual signings need to become a reality. Not only for the sake of the sick, but also because it’s practical. We have a slew of options that allow individuals to be virtually present at signings and experience the execution of the documents as if they were physically present. This would save money, time, travel, and just simply be more efficient. You would also have the opportunity to record the virtual signing, something that would curb quite a bit of litigation.

As a firm, McIntyre Elder Law stays on the cutting edge. We attempt to provide our clients with as many options as possible to make their estate planning process as simple and easy as possible. If you are concerned about communicable sickness or if you or your love one is unable to travel, we are more than happy to meet in person, over the phone, or virtually. Don’t let the lack of innovation in the law or fear of travel prevent you from protecting your assets and planning for the future. Give us a call (704) 259-7040 or visit our website at www.mcelderlaw.com.

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Brenton S. Begley
Elder Law Attorney

Regards,

Brenton S. Begley

Elder Law Attorney

McIntyre Elder Law

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

www.mcelderlaw.com

Phone: 704-259-7040

Fax: 866-908-1278

PO Box 165

Shelby, NC 28151-0165

ALERT!!! Corona Virus

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ALERT!!! Nursing Homes and Hospitals are starting to lock their doors! They are starting to confine people and deny access to family and professionals. What this means for your estate plan and options RIGHT NOW! Learn more: 704-749-9244 or online at mcelderlaw.com.


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Hi, this is Greg McIntyre with McIntyre Elder Law, helping seniors protect their assets and legacies. And I have an alert for you. Hospitals, nursing homes are quarantining people. They’re locking people in and keeping family members out. Why should you be concerned about that or care? And I’m sure it’s for a great reason and it’s for this coronavirus so it doesn’t spread, and that’s certainly admirable, however, you need to know how that affects your rights. And here’s how it affects your rights. If you haven’t gotten in place estate planning documents, health care powers of attorneys, general durable powers of attorney so someone else can handle your healthcare and your financial affairs, you haven’t put in place wills or put in place trusts or other ways to avoid probate, that could be problematic because when you’re quarantined, how am I going to come in or how are you going to come to us? Or how is any estate planning attorney going to come in or Elder Law attorney? It’s going to cause a real problem and a bind where you’re really not able to exercise your rights to put in place estate plans and name agents, things like that.

And I don’t think right now in current law, we have the ability to deal with that. Some states have in place electronic notaries and witnesses. North Carolina does not. If we have to have a notary to sign, to witness a signature on a will, which requires two witnesses and a notary, or the general durable power of attorney, which requires a notary only, or a healthcare power of attorney, which requires two witnesses and a notary, or a trust that need to be notarized, they literally have to see that signature line of sight and be there and stamp it right then. That’s how the statute reads and that’s how through conversations with the NC secretary of state that I’ve had, that’s how they interpret it.

I think we need to step up. I think there’s a need out there to have electronic notaries, which some States allow, and witnesses to catch up with the times that allow for that to have a PDF document where you can electronically sign, the witnesses can sign, and a notary consigned. Even if we need to have some type of electronic window there so we can see through Skype or we can see through FaceTime or a Google hangout, so that notaries and witnesses can see. That’s fine for me if they see that signature that I don’t see a difference there in that. Hey, I can transfer every dollar that I had to you right now today without leaving my office, without leaving my home right on the computer. I can buy a car online, I can buy a house online, but I can’t have a notary see something, see me sign electronically and electronically notarize? I think that’s a failure. I think we need in an age of communicable diseases, 24 hour news cycles, I think we need to catch up electronically and be able to electronically sign documents.

So I’m letting you know the state of events right now. Right now that is not allowed. That means you would be literally prevented from putting in place estate planning documents if you don’t have them already. We’re here for you if you need the help. I’m Greg McIntyre of McIntyre Elder Law with this elder wall alert. My number is (704) 749-9244 or you can contact us online mcelderlaw.com. Sign up for our e-news letter, the Elder Law Report, where we’re going to keep giving you great information like this about estate planning and elder law. Thanks. Have a good day. Be safe.

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Greg McIntyre Elder Law Attorney

 

written by:

Greg McIntyre

Elder Law Attorney

704-749-9244

greg@mcelderlaw.com

Peace of Mind in Trying Times

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Brenton and Greg “DO NOT” want to talk about the Corona Virus or contribute to fears. In this episode of the Elder Law Report they take on this important topic in a practical way.


Greg:

Okay. So we’re recording. Hey Britton.

Britton:

Hey man, how are you doing?

Greg:

I’m good man. I’m good. I’m trying to figure out how we’re going to dive into our topic today. I’ve really been talking about, or thinking about, that I don’t want to profit off the coronavirus.

Britton:

Yeah.

Greg:

I do not want to contribute to the mass hysteria and fear that is already out there about the coronavirus, or it’s politicization. My wife and I’ve really been talking about this back and forth for the last few days, or the last couple of weeks really. Her position, I just talked to her on the phone a little bit ago, is that, “Look, just let people know you’re there for them.”

Britton:

Yeah.

Greg:

I’m here for you.

Britton:

Yeah. I think that it’s easy for a lot of people, and they fall into that groove. A lot of businesses, even the news, to profit off of fear. Right?

Greg:

Right.

Britton:

I don’t like that business model because not only is it temporary, right, you get temporary benefit from it. But, the main thing is, it’s not a trusted way to go. Right? And really, we’re in a position where we want trust from our clients. That’s the biggest thing that we could give our client, is trusted relationship, and I don’t think you get that by scaring people.

Greg:

It’s hard to talk about because, I don’t want to belittle the fact that people have died from this thing.

Britton:

Right.

Greg:

And that is real.

Britton:

It is real.

Greg:

But I also want to look at it in perspective of heart disease, which is the number one killer in the US.

Britton:

Right.

Greg:

Or the flu.

Britton:

It’s like KFC, they just made a sandwich made out of two donuts and piece of fried chicken, and heart disease is killing way more people than any epidemic.

Greg:

Yeah, but you don’t see the news condemning and putting out a global warning about the donut fried chicken sandwich.

Britton:

Yeah. Or the bag of bacon you can get from Dunkin’ Donuts.

Greg:

How many people a year does heart disease kill?

Britton:

I don’t know. A lot of people.

Greg:

Anybody know?

Britton:

It’s like the number one killer. I think you already said that. But yeah, it’s huge.

Greg:

It’s the number one killer, so I just want to keep in perspective that this thing has… Certainly we have the power to not spread anything, but what are we going to do? Are we just going to stop all contact? I mean I feel like now we have the power to know what’s going on around the globe 24 hours a day. A lot of our clients are in an age bracket where they’re vulnerable to the flu.

Britton:

Yeah.

Greg:

Which killed more people a year than coronavirus has, so far.

Britton:

Right.

Greg:

They’re vulnerable to perhaps this strain of the coronavirus. Which I understand is not, it’s just another strain of already flu and cold type viruses that are out there.

Britton:

Yeah. For respiratory infection.

Greg:

But also, I think have a tough attitude that I have lived through polio. My father-in-law said that to my wife. “I lived through Polio. We’ve been through wars. This is ridiculous and it’s nothing.” Right? That’s his attitude, right.

Britton:

I think the best thing to do is what we’ve already done, is take precautions. Make sure that individuals are informed about the importance of cleanliness. Make sure our offices are disinfected, are clean. Making sure employees obviously, are doing [inaudible 00:04:37] disinfected. Doing their part and making sure they wash their hands, that sort of thing. I think short of that-

Greg:

That’s what I tell my kids to do every day anyway.

Britton:

Yeah, exactly. I mean, that should be done anyway. It really should be.

Greg:

Yeah.

Britton:

I like to think that we do that already. I don’t think it’s an extra precaution to say, “Wash your hands when you go to the bathroom.” Right? It should be done already. I think that if you’re being cautious, that’s a good thing, right? It’s a good thing to be cautious to make sure that if you’re a vulnerable individual, that you don’t catch something that is unnecessary. Right? I mean, it could be prevented. However, at the same time, I think there’s something to be said about living your life and not living in fear.

Greg:

Guess how many people per year, heart disease kills, worldwide.

Britton:

I don’t know.

Greg:

17.6 million deaths in 2016, from heart disease globally.

Britton:

Wow.

Greg:

Those are huge numbers. Those are real numbers.

Britton:

Yep.

Greg:

I don’t see everybody jumping up and down about it. Trying to ruin the economy and everything else.

Britton:

Yeah.

Greg:

I think that needs to be said. I mean how about use some common sense?

Britton:

Yeah. I mean, you don’t see Oreo cookie sales go down when people talk about heart disease.

Greg:

No. The stock market didn’t tank because 17.6 million people died of heart disease in 2016.

Britton:

Yeah.

Greg:

I mean, I just want to keep it in perspective. Now I can’t catch heart disease on the bus, or in a plane, or on a cruise ship.

Britton:

Yeah. Well, probably on a cruise ship, they give you free meals. All you can eat.

Greg:

They’re going to give you all you can eat buffets. Right?

Britton:

Yeah.

Greg:

On a cruise ship. And the coronavirus.

Britton:

It doesn’t help.

Greg:

So.

Britton:

Stress. Man, stress is a big deal too. We’re talking about your diet, but stress is a big deal too. A lot of people stress out. A lot of people will stress out because of [inaudible 00:06:45] about the future. A lot of people stress out because you don’t know what’s going to happen tomorrow. You don’t know what’s going to happen to your family if you’re not around to take care of them. That sort of thing.

Greg:

I mean, I don’t know. I could be taken out by stress-related heart attack, because I’m working so hard to provide for my wife and six kids and our clients, seriously.

Britton:

Yeah.

Greg:

Tomorrow. It could just be my time. I could have some genetic disorder, a defect. I could get hit by a bus while I’m walking across the street in a second.

Britton:

Yeah.

Greg:

Or I can catch the coronavirus at a weak moment in my immune system, or the flu, and that could adversely affect me. I could die. I could die from that. Right?

Britton:

It is certainly amazing. It’s amazing that we stay alive every day with all the things that could kill us. If you think about it.

Greg:

I can’t walk around in fear everyday, that I’m going to actually be a human being that might come in contact with some other human being.

Britton:

Yeah.

Greg:

So, those are my thoughts. How about this? This thing has become political. It’s being kicked around like a little political football. And certainly, let’s not forget that news channels sell commercials-

Britton:

Yeah.

Greg:

… and need your eyes fixated on their news channel. But let’s also not underestimate this thing’s ability, because I’m not a doctor or infectious disease specialist. I am an attorney in estate planning, an elder law attorney. But if it takes the coronavirus to make you realize that you need to get your affairs in order and your estate plan, so be it. That’s what I’d say.

Britton:

It is.

Greg:

You should have realized that you need to get your affairs in order and your stuff together, so to speak, for yourself and your family, because 17.6 million people died globally of heart disease. Or because simply you’re a human being that’s walking around on planet earth and loves his or her family, and wants to take care of themselves and their family. Anything, I guess my point is, can make you realize that you need to get your affairs in order. It just seems like a really anxious, intense, crazy time out there that people might be [inaudible 00:09:11] and we’d be glad to help.

Britton:

Yeah, I think it’s a reality check for a lot of people. It’s unfortunate that it takes something like this to be a reality check. But, if that’s the thing, that’s what’s going to nudge you in the right direction, then by all means, allow it to. I think that in times like this, where you feel a sense of chaos, that’s really what it is, it’s a sense of chaos. What you want is, you want to look for, okay, well how do I get some measure of control in a chaotic time? I think that’s why people have that type of reality check, is that when you feel things becoming more and more uncertain, then you want to find some level of certainty, right? That’s normal, that’s common. If getting your affairs in order will give you some level of certainty, or some level of control, which it will, then by all means.

Greg:

When things are chaotic, find something that you can control.

Britton:

Right.

Greg:

Focus on the things that you can control. That’s a great point.

Britton:

Yeah.

Greg:

Things are anxious and chaotic. How can I get some peace of mind? Well, I can control what happens if heaven forbid I pass away. I can control that. We can help you control that.

Britton:

Mm-hmm (affirmative).

Greg:

That is peace of mind. I hate to tell everybody, and here’s the real news flash out there. We’re all in the same game on planet earth as human beings who are going to die one day.

Britton:

Yeah, right.

Greg:

Breaking news. So you better have your affairs in order, because it doesn’t matter how much you ignore it, it’s coming.

Britton:

Yeah.

Greg:

It might be tomorrow, it might be today, it might be 10 years from now, it might be 50 years from now, depending on your age.

Britton:

If you’re not worried about it, if you don’t have affairs in order, you’re not worried about it, then I would just challenge you to imagine. Take yourself out of the equation, and see what happens to your family. What would happen to your family, Greg, if we just took you out of the equation right now.

Greg:

Oh man. That’s why I have insurance in place to help care for them, and to help pay for their colleges, and take care of Steff.

Britton:

Yeah.

Greg:

Because, I love them. We have our estate plan put together that we did. Britton, you drafted that for us. Thank you.

Britton:

Yep.

Greg:

It gave myself and my wife enormous peace of mind, in the fact that if something happens to either one of us, even if we’re incompetent or incapacitated, that we have things in place. General durable power of attorney, financial powers of attorney, where she can still operate all the finances and property.

Britton:

Yeah.

Greg:

I think it’s a great time to think about those things, as well as healthcare powers of attorney. A healthcare power of attorney can appoint someone to make your important healthcare decisions. It’s important to have someone you trust to be able to do that when you can’t do that yourself, and not let the kids argue over it. You need to be taken care of.

Greg:

Healthcare powers of attorney, living wills, those things are important. Especially those healthcare powers of attorneys right now. Then, putting in place the will and foundational documents. Do we need to look at trust? Those things, that’s getting your affairs in order.

Greg:

Britton, I don’t know if you’ve experienced this, but some people I go into a consult with, you can see the worry on their face. They’re wrecked. Not just because they’re meeting with me and it’s an attorney, it’s intimidating or something. But because they’ve been staying up nights worried about what’s going to happen, or they might be going through something.

Britton:

Yeah.

Greg:

Then to be able to give them solutions and put their mind at ease. You can see it wash away from their face.

Britton:

Oh man, we’re talking about reality checks here. A lot of people have reality checks all the time. Like, oh, we had a scare, we had a cancer scare.

Greg:

Sure.

Britton:

My mom had a mini stroke thing, yes, she’s doing all right, but, we all thought to ourselves, “Oh God, Oh God, what’s going to happen? We can’t make decisions for her either financial or healthcare.” That’s one thing. Right? And what if she were to pass away? God forbid. We don’t know what’s going to happen. Even if you don’t have a big family, family’s fine, you don’t want those things to drag on, and you don’t want assets to be taken by any sort of creditor, when that person passes away. These are all worries that do keep a lot of my clients, before they came in and got their affairs in order, up at night.

Britton:

One of the most rewarding things, we give talks all the time. We talk about our why, and one of the reasons why we do what we do. One of the things I know that keeps us in this area of the law, elder law and estate planning, is that when you see that look of relief on your client [inaudible 00:14:42] it’s amazing. That’s something that you don’t really get any other area of the law, at least not that quick.

Greg:

I agree. I agree. Regardless on your political feelings about the coronavirus, or your feelings on the media coverage of it, regardless of any of that, we are here to help. If you need any estate planning, there’s healthcare powers of attorneys, things put in place, we’re here to help. And here’s how we do that. Number one, we’re going to keep our office as clean as possible. We’re going to wash our hands. We’re also going to offer to be able to come out and visit with you if you need us to. We’re also going to offer phone conferences if we need to, if it gets to that point. We’re also going to offer video conferences by Hangout. Kind of like Britton and I are doing right now, if it gets to that point.

Greg:

We have a plan in place. We’ve already talked about it, about how we would handle this. I hope it doesn’t get to that point, but we’re here for you. You can reach us at (704) 749-9244, or you can research on our website, MCELDERLAW.COM. That’s MCELDERLAW.COM.

Greg:

I love what I do. I’m Greg McIntyre. I know Britton loves what he does. We are estate planning and elder law attorneys, and we’re here to help you. Have a great day. Stay safe. And I hope you stay clear of the coronavirus, and the sandwich that’s made out of fried chicken and donuts. Seriously. It’s way more dangerous.

Britton:

Yeah. Yeah. Please do stay clear of that.

Greg:

Thanks guys. See ya, Britton.

Britton:

Yeah. See ya.

 

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Per Sterpis

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Hi, this is Greg McIntyre with McIntyre Elder Law, helping seniors protect their assets and legacies. We’re going to talk about per stirpes today. Yeah, you heard me right, per stirpes. Per stirpes is a legal term that we’re going to explain.

Per Stirpes is not necessarily easy to explain but can accomplish a lot and you see it in your wills. You see people use it in wills. Attorneys use it in wills and I, all the time have people say, “I want to give my money and property through my will or through a trust, let’s say through my will to my children, but one of my children has passed away and has two children of his own. Those are my two grandchildren by that child and I want those grandchildren to get that deceased son’s portion.” Per stirpes can accomplish that simply by using that term in the planning.

I want to talk about per stirpes. Or they might say, “I want to make sure that if any of my children predecease me, that, that child’s portion goes to the grandchildren.” That’s a good, simple explanation for what per stirpes is and how it works.

I wanted to draw it out for you. because I like to draw things out, and I like for you to see how they work. This is a new map, a per stirpes map that I’m going to make, and I’ll do that a little more professionally. For anyone out there, who would like it, but I’m going to draw that out on the screen for us right now.

We’ll do it in orange. Per Stirpes. P E R..two words…P E R…stirpes…S T E R P I S.

What does per stirpes mean?

It means that if not children, not children’s children, down the family line.

Let’s just look at per stirpes definition.

Investopedia says, Per stirpes is a legal term stipulating that should a beneficiary predecease the testator, the person who has made out the will, the beneficiary’s share of the inheritance goes to his heirs. While the term per stirpes is commonly used to refer to an individual’s assets under a will, it is sometimes used in beneficiary designations for IRA’s. While per stirpes and per capita are similar, there are differences. Per capita means that any surviving descendants of the same generation distribute property equally. Lalala….

I’m going to stay on per stirpes. Maybe we’ll capture per capita.

Let’s say that you have a person, we’ll say husband and wife. Heaven forbid, husband passes away. This is how in law school we draw some of these things out. Please don’t be offended that I’m going to kill off some family members here. We have to kind of show how things flow. Husband is going to pass away. That’s the generally thing to do instead of before your wife. We’re going to say that there are three children.

Child one, child two and child three. Unfortunately, before mom, the wife passes away, child three passes away. Before we have that happen, child three has two children. We’ll call that grandchild one and grandchild two. Then child one over here, that child has two children as well. We’ll call that grandchild three and grandchild four. Child two has no children yet. That’s our family tree so far. Unfortunately, child three passes away.

The husband’s passed away and child three has passed away. Let’s, just for example, say that there is $300,000 that the wife is going to pass down evenly and wants it to pass per stirpes to each child. That’s how the will is written. Because this child has predeceased her, she wants these grandchildren to receive that portion. We could write it in the will specifically one third, one third, one sixth, and one sixth. That accomplishes that.

We could specifically write that, or we could say to my descendants, per stirpes. That automatically, per stirpes language says, lives in being at this level, we are going to give out one third, one third. This other one third, we’re going to go past because this is the deceased descendant at that level. We’re going to pass that child’s portion, or that descendant’s portion, to the next level or generation.

To the next generation, this generation of grandchildren here is not taking, because that child is taking. That child takes their third, this child predeceased so they get the one sixth, and one sixth of the distribution. The people taking under the will, as I’ve circled, is child one, child two and the children of the predeceased child. These two grandchildren are splitting this child’s share. Splitting that one third.

That is exactly how per stirpes works. We just wanted to explain or interpret per stirpes today, and I hope I’ve helped.

I’m Greg McIntyre with McIntyre Elder Law, helping seniors protect their assets and legacies.

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The Ferris Wheel of Life

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Hey, I’m Greg McIntyre with McIntyre Elder Law, helping seniors protect their assets and legacies. And I wanted to talk to you today about something a little different, about a letter of intent, about explaining to your family exactly what’s important to you and what your legacy is. I wanted to talk to you about not legal planning and I wanted to give you a break from the coronavirus hysteria, okay. So that’s selling a lot of commercials for news outlets out there, right? So don’t forget that. Don’t get lost in that.

I do a lot of legal planning for people every day, sometimes all day. I will think about their cases. I will meet with families and I will work on how to preserve their hard earned money and property, but I don’t think that’s the most important thing. I have an estate plan too. Stephanie was extremely adamant that we get our affairs in order and revamp our estate plan a couple of years ago, so we did. And I had another attorney in our office write that up the way we wanted it and give us advice, and we met with him to go through that journey from beginning to end. Brenton did that for me. And it was peace of mind once we completed that. At that point, the cobbler had no shoes, if you will. She wanted, I was busy doing for everyone else and not myself.

But I don’t think that’s the most important thing. Where I think there’s something else, and that’s what your legacy is and what your intent is. We furnish a binder for our clients. It’s a nice binder that you can flip through and it has all the estate planning documents in it. And I think it’s missing something, and that’s you and your legacy. That’s what mine’s missing.

So I’ve sat down and started writing down a letter of intent and a letter to my family, if you will. It’s a letter to my family. It starts off, Dear Family. I want to tell them who I am, what my life’s been like, and what I want for my family. How I want them to remember me. How I want my legacy to affect my children and my grandchildren. That’s what’s most important. And that can be done with a video like this or that can be done with a letter. I’m doing mine with a letter. There’s plenty of videos for them to watch.

But I started thinking about, and I was talking to a friend of mine a couple of nights ago and we were talking about the Cleveland County Fair. The Cleveland County Fair, I grew up in Cleveland County, it’s couple of counties over west of Charlotte, of Mecklenburg County. The Cleveland County Fair is the largest fair, county fair, in Cleveland, in North Carolina. It’s the largest county fair in North Carolina. And you can come there for the sights, the sounds, the smells, eat an elephant ear or a funnel cake or a fried Snickers or whatever. And you’re going to wait in some lines.

The best line to wait in, I guarantee you, is the Ferris wheel. There’s this huge Ferris wheel there. You wait in line forever for it. I remember waiting in line for it for a long time when I was a kid with my parents and my friends would wait in line. We put in our dues there in line, we’d get on the ride and the operator shifted into gear and we’d go up a little bit and swing. It shifted and let somebody else get on and shifted into gear and we’d go up a little more and swing. And then every time when they were loading and unloading, instead of just going around, when you’re loading and unloading, he’ll stop you right at the top and you’ll sit there at the top and you’ll swing back and forth looking at your family.

But then when you turn and you look around, you take in everything. I could see for miles, miles and miles. I could see my future. I could see my future office in Charlotte at the top of that Ferris wheel. I could see my house where I lived at the top of that Ferris wheel. I could see my grandparents’ house. I could see the schools that I went to. I could survey everything from the top of that Ferris wheel, teetering at the top, until the man running the Ferris wheel, shifted it back into gear and we went down a little bit more and a little bit more until we got off at the bottom.

I haven’t gotten off this ride yet. You haven’t gotten off this ride yet, but we’re on this journey and I think the Ferris wheel is a great metaphor for life. I’ve stood in a lot of lines. I’ve given blood, sweat and tears to get to where I am today. So have you, but we’re all on the Ferris wheel. We’re in the line or on the Ferris wheel. We’re somewhere in that journey and we’re still probably putting in work to try to take care of ourselves, our spouses, our children, and our grandchildren. Someday the operator of the Ferris wheel’s going to stop the ride and we’re going to get off. But our children, our grandchildren, they’re going to get on that Ferris wheel too. They’re waiting in line. The question is how long is their wait going to bet? How hard is their journey going to be? I don’t want my children’s journey to be as hard as mine has been, although I probably made some of my journey harder than it needed to be, and that’s my fault.

But part of what I do every day is I help people envision or get to the top of that Ferris wheel where they’re looking out over their lives and they can see clearly their children, their grandchildren, their home, other property that they may have acquired, their future, and what it might hold. The fact that 70% of seniors over the age of 65 might need some type of longterm care during their lives. So I can help them see that future and what might be coming that might affect their home, their retirement, their children, their grandchildren, and how not acting to preserve those assets, to protect those assets might adversely affect the rest of that journey and how their children and grandchildren’s wait in the line to get to the top of the Ferris wheel might be made longer by the decisions that they make today.

So that’s part of what I help people with, is to navigate that journey. We want to get to the top of that Ferris wheel where we’re weightless. We’re swinging it back and forth. The family’s in the car with us and we can see what might be coming. We can see and take inventory of our money and property and assets. And the most important thing, in my opinion, is not just that, but it’s that legacy. It’s that dirt that you put in while you were waiting in line. It’s what you learned that you can pass on.

And that’s why I think it’s extremely important to write a letter to your family to include in the binder and the estate plan. In fact, I haven’t said this to anyone in our office and I’m just putting it out today. From this point forward, I’m going to go, after I’m done here, I’m going to draft a document that’s entitled letter to my family and I’m going to put that at the front, a form letter that you can write in and you can fill in the most important part, which is your legacy and your wishes to your family. And I’m going to put that in every estate plan and every binder that we put together from this point forward at McIntyre Elder Law.

So for me and my letter, it’s going to include the really, really idealistic and happy childhood I had in a little neighborhood called Riverbend growing up with my parents. I’m going to get choked up here, with my parents riding, I remember it was either my fourth or fifth birthday. It’s a strong memory to me, candles and a Mickey Mouse cake and a three wheeler, the red, yellow and white three wheeler that I got, that I rode that thing so hard and so fast up and down my driveway, and many of you might’ve done this, I wore the plastic out on that wheel. I ruined that wheel and there were holes in that wheel by the time I was done with that thing. I don’t know how long it took me. It might have taken me a few months to do that, but I loved that three wheeler. And then meeting all the other friends in the neighborhood that became like my brothers, my brothers and sisters, and palling around within, setting off fireworks, shooting basketball, hitting golf balls, riding bikes.

I remember riding down a huge hill next to a friend of mine’s house and literally the back wheel of my bike falling off and getting hurt and my parents would always take care of me. Always take care of me. I was somewhat accident prone growing up. Like I said, I probably caused most of my own problems. So I’d always come home from football practice having gotten hurt, not from playing football, but from somehow catching a barbwire fence to the face without, running through the woods or something playing afterwards, right. It’s a true story.

And a number of other occasions. I was certainly all boy, but I enjoyed that upbringing. And that’s the, those are some of the stories. There’s a lot of stories that I need to tell to my family, my children and grandchildren. To ride the bus 182, I always wanted to ride the bus going to school, growing up. I always wanted to ride the bus, saw that big yellow monster go up and down my road. And so the first day of school my mom said, “Fine.” I don’t feel like kids ride the bus like they used to. They need to ride the bus because I learned a ton on the bus. My kids need to start riding the bus. I hope they’re listening.

They were all races, colors and creeds on that bus from all different socioeconomic backgrounds. So when I stepped on that bus and my mom was sitting in the living room sipping a cup of coffee. So she was happy that I was waiting there at the end of the road on the bus. I got on that bus and I got picked on. I learned to take up for myself. I learned to get along with people. I probably did some things wrong on that bus too, but I certainly learned to get along with all different types of people on that bus and learned how to talk to people in a respectful way.

And we reached this equilibrium so to speak, so that we respected each other for the most part. So I want to tell my children about how everything I needed to know about life. I learned on bus 182. First day I was on that bus by the way, I got punched in the eye. But I beat a guy in arm wrestling and he punched me and then I got mad him. So those are the things I want to put in my legacy letter, my stories.

And I think I want to tell them too, man, this is what I’ve worked hard for too. This is what these legal documents represent and I’m leaving to you a home, some land, some money. This is what I’d like you to do with it. These are my words. This is what I’d like you to do with it. This letter isn’t legally binding, but this is what I’d like you to do with it and what it’s for. And perhaps this is how I want to be remembered. I want to be buried next to my wife and family and maybe a family burial plot. If I want to be cremated. And give some instructions and some directions in there.

So if I can help you, I’m Greg McIntyre with McIntyre Elder Law, I’m an estate planning and elder law attorneys. The attorneys in our firm are trained to help people, to guide people, to look over the assets to help you get to the top of that Ferris wheel, swing for a little while, think and plan to protect your hard earned money and property and provide that legacy for your family.

We’d be glad to be your guide. I still go to the Cleveland County Fair. I’ll be there in the fall when it comes around in, I think October, comes around October every year. I’ll be there in the fall, is it October?

Usually September.

September. Okay. Sorry. September. I’ll be there probably every September with my kids because they love it. And I’ll be waiting in the line at the Ferris wheel and I’ll be swinging at the top overlooking my past, present, and future. Right there. Everything’s just right there. And that’s a great, just great metaphor for the planning we do and for our lives. So let me help be your guide to the top of that Ferris wheel where we can make some decisions, where we can see and try to see some things that might be coming and anticipate how to best protect you. Because I guarantee you that Ferris wheel operator will still be shifting that thing, bringing us down, bringing us around, stopping us.

And someday, I don’t know when, none of us are guaranteed tomorrow, but some day that Ferris wheel operator, that big Ferris wheel operator in the sky, he’s going to pull that lever. He’s going to stop that thing at the bottom and we’re going to have to get off and our journey is going to come to an end, on this earth anyway. And then your children, your grandchildren, your progeny, your legacy, they’re going to be on that Ferris wheel, okay. And they’re going to be continuing that journey for you.

So let’s write that letter. Let’s let them know about our past. Let’s let them know who we are. And if we can help you and your family plan to protect your hard earned money and property and your legacy, give me a call, (704) 749-9244 or you can go online. We have a lot of things on our website to research, a lot of answers to questions you might have and you can contact us straight from our website to schedule a consult. Our website address is Mcelderlaw.com. That’s M-C-E-L-D-E-R-L-A-W.com. Thanks. Have a great day.

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Beware the Ides of March

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Beware the Ides of March – Don’t make the same mistake as Cesar!

“Ides”, what does that word even mean? In ancient Roman culture, the “Ides” was the 15th day of the month for March, May, July, or October, or the 13th day of any other month. The 15th of March was also a deadline in Roman culture for settlement of debts. If you recall your world history lessons, you’ll remember that Cesar was told to “beware the Ides of March.” Obviously, he did not “beware” and he was killed on March 15th on whatever year that was . . . so the story goes.  

Another important part of that story is the fact that Cesar also ignored like a lot of other omens, basically warning him of his impending doom. Cesar ignored them all—including the seer, who told him to definitely stay home on the 15th—and Cesar ended up getting stabbed multiple times, by multiple people until he died; which is arguably one of the worst ways to go.

Okay, so why does this matter? Well, if we do not learn from history then we are doomed to repeat it. We tend to ignore things all the time, important things that require attention. One of those things is our estate plan.

Many people love to kick the can down the road when it comes to estate planning. In fact, estate planning is on of procrastination’s main victims. The reason? A lot of people think it’s complicated.

Sure, estate planning can be complicated if it’s composed of an amalgamation of fillable forms and outdated documents. It will definitely be complicated for you family if they ever need to act on your behalf or if you pass away. However, estate planning, if done correctly, can be rather simple and easy.

People need to get the basic foundational documents in place—for some people, that may be all they need. What are the foundational documents? The foundations are your: General Durable Power of Attorney; your Healthcare Power of Attorney; your Living Will; and your Last Will and Testament. A quick consultation is all you need to set this foundation in place and have peace of mind going forward.

Let’s take a lesson from history and beware the consequences of ignoring our estate plan. After all, I hear that not having your affairs in order is a bad omen.

If you have any questions about estate planning, contact the experienced attorneys at McIntyre Elder Law. We make estate planning easy. Call (704)-259-7040 or visit our website at mcelderlaw.com.

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Brenton S. Begley
Elder Law Attorney

Regards,

Brenton S. Begley

Elder Law Attorney

McIntyre Elder Law

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

www.mcelderlaw.com

Phone: 704-259-7040

Fax: 866-908-1278

PO Box 165

Shelby, NC 28151-0165

 

House Rules!

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House Rules! If you don’t know the house rules then you are gambling with your families future. Know the House Rules! Learn more in the Elder Law Report.


Greg McIntyre:

House rules. It doesn’t matter if you’re in a Vegas casino or you’re just living day-to-day. There are house rules. That’s what this show’s about. It’s about knowing the house rules, beating the house rules. I guarantee you if you play these slots, and you play these different machines, that you will lose eventually and the house will take your money. Same with income tax system. Same with our gift tax, and estate tax structure. The same with any rules system where you don’t know the rules, yet you continue to play.

Greg McIntyre:

The system that will live under in the United States of America, it’s a great system, but there are rules. We’ll call those the house rules. So we’re going to talk about those rules in this episode, straight from Vegas. So, tune in.

Greg McIntyre:

Hello. This is Greg McIntyre with McIntyre Elder Law, helping seniors protect their assets and legacies. Yes, we just got back from Vegas. Got back from Vegas, we had a convention over the weekend and our seminar over the weekend, and really learned a lot while we were there. Now it’s back to the grind and back to the work. What did I learn about Vegas?

Greg McIntyre:

We’re going to call this show House Rules, or Beating the House. Because not only do you have to gamble in a casino, if you gamble. I did not, I don’t gamble with my money. But if I did, the house is stacked against me. The odds are I’m going to lose. There’s better odds at winning in a casino then you avoiding longterm care if you’re over 65 right now. Everyone over 65 is going to need some type of … Everyone over 65 has a 70% chance of needing some type of longterm care. That means in-home, assisted living, or nursing home care. Those are huge odds.

Greg McIntyre:

The odds are in the favor of your house, not your favor. So, whether you’re in a casino in Vegas like I was when we went to this conference. The conference center was in the Mandalay Bay, or you’re just in the world, living your every day life with your family. You still have rules, you still have house rules. There are tax rules, there are Medicaid look-back periods, three years for assisted living, five years for nursing home care. You need to work to protect assets outside of that period. Even though we have a Medicaid crisis planning department that can help you protect assets even within that period, in the crisis period when you’re struggling to pay for longterm care, or protect assets during that period and pay for longterm care. We can help there.

Greg McIntyre:

Again, if you know what the house rules are, it’s easier to setup your assets ahead of time. That’s what we’re here for. You look around the world, and it’s chaos right now. There’s a lot of things going on. A lot of things going on. I would say, the gamble that you make is not being prepared, is not planning, is ignoring the house rules and thinking you’re still going to win. That’s what keeps Vegas in business, are the people who keep playing even though they know the house rules are against them, and they’re generally not going to win consistently over time.

Greg McIntyre:

Things that estate planning elder law attorneys, our firm, can help offer to help you beat the house rules are starting simple with foundational planning. General durable powers of attorney, financial powers of attorney, which gives someone else, someone you choose not someone the court chooses for you like in a guardianship case, which you would be left with if you didn’t have that document. Right? So those are the house rules there.

Greg McIntyre:

Your spouse, for instance, would be frozen out of assets if you didn’t have that general durable power of attorney in place. Also, I want to be able to appoint who I want to make my healthcare decisions. I have six children. I guarantee you it’d take them from here to Sunday to agree on anything. I don’t want to be laying there while they try to figure out what the right healthcare decision for me is. I want to be selfish there and appoint my wife first, and maybe my oldest son second. That’s how ours are arranged right now. So that it’s no gamble for me. It’s a sure thing that one person’s appointed to make the right decision for me.

Greg McIntyre:

That HIPPA authorization is within that healthcare power of attorney, so we can pull medical records. Right? For me, or I can pull them for my wife, for a number of reasons. To get a second opinion, to check out billing, just because I want to see the medical records. There’s a number of reasons, but you want to have those documents in place. Living wills, wills. Don’t gamble. The state has already chosen a will for you. It’s called the statutes of intestate succession. So, we all trust that the state’s going to pass laws to take care of you, right? No. You have the ability to make those … to go against the house there, and make your own rules with your will, and say exactly who you want to handle your estate if you pass on, and how you want your assets to pass on. That’s fundamentally American. Okay?

Greg McIntyre:

Those are the house rules, and you need to take advantage of those. So don’t just depend on the state. Be proactive. Take care of your hard earned money and property. If you want to look at protecting your hard earned money and property, let’s look at deed protection. Like lady bird deeds or life estate deeds, or one percent deeds as some people call them. Let’s talk about those things. You can generally get with me or one of our attorneys, and have a 30 minute to an hour long conversation. Really, we can figure most things out in that period of time, or at least we can start to get a really good plan together and we can get on the same page. Take the time out. You deserve it. You’ve worked hard your entire life for what you have. You deserve to have great estate planning and legal planning in place for you and your family, and your hard earned money and property, and your hard work for your entire life.

Greg McIntyre:

Some people save and scrimp, and work so hard their entire life. They don’t want to spend a dollar or dime on legal or professional services. That is a mistake. That is a mistake. We are here, we know the rules. We are here to help you know what the house rules are, and to help you survive the way you want to, and your assets survive. For you to do more than survive, thrive. We want you to thrive. We want to help you do that.

Greg McIntyre:

If there are tax implications to transfers or to things that are … your estate plan that you need to know about, we want to inform you. We want to maximize your taxable exemptions. We want to let you know what those are. Trusts do a great job of protecting assets as well. Irrevocable trusts, revocable trusts do a great job of keeping you in control of assets and avoiding probate. That might be right for you. Irrevocable trusts do a great job of avoiding leans and probate, and protecting assets, and making available to you options like longterm care Medicaid.

Greg McIntyre:

Let’s talk about those plans. Irrevocable trusts are a great place to put a house and other real estate. Let’s talk about those implications and how a trust might work for you. Again, I think the only gamble is turning a blind eye, not looking at what’s going on in the world, and not realizing that you’re in that casino and that the odds are stacked against you, and to keep playing the game, man.

Greg McIntyre:

You keep playing the game over and over again without getting with a professional like myself, who’s an estate planning and elder law attorney, and asking about the house rules. Asking about those rules and, “What tools are there that could help me and my family?” I’m Greg McIntyre with McIntyre Elder Law, helping seniors protect their assets and legacies, and we would love to help you and your family. If you would like a consult with us, please give us a call, 704-749-9244 or go online to mcelderlaw.com. That’s mcelderlaw.com, to learn more. Have a great day and know the house rules.

Greg McIntyre:

All right, this is a partnership agreement between Brent and myself. [inaudible 00:09:30]. All right, there it is.

Stephanie:

Congrats, man.

Greg McIntyre:

That’s awesome, that’s awesome.

Stephanie:

Congrats, seriously.

Greg McIntyre:

All right, Stephanie. Are you the queen of Wheel of Fortune?

Stephanie:

I am.

Greg McIntyre:

You are the queen of Wheel of Fortune?

Stephanie:

I am, I am.

Greg McIntyre:

Yeah.

Stephanie:

[inaudible 00:10:06]

Greg McIntyre:

Vanna White said, “Come on over.”

Stephanie:

[inaudible 00:10:12]

Speaker 3:

Join us for Wheel of Fortune 4-D.

Greg McIntyre:

4-D. Are you comfortable?

 

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