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GAME SHOW EPISODE: Learn about Estate Planning, Elder Law and the firm in today’s game show episode of the MEL Feud. So much fun today!

Three Questions “The Elder Law Guy” gets asked the most:

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1. If I Don’t Have Debt, Should I Still Worry?

Does not having debt protect you?

A lady and her husband were shrewd, with little or no debt. They lived right, had rental houses, paid everything in cash with no mortgages.

Question: Did they have to worry?

If you or your husband have a long-term care event costing $75 to $100,000 per year, will that dent your finances?

Are the rental houses, bank account, savings going to be okay?


At that rate of spend-down, it’ll be hard maintaining your lifestyle.

So what can you do? Separate the liability with the rental houses and your personal income.

That way if the renter sues, it wouldn’t come back against your personal assets.

Separate your business liability. Maybe set-up an LLC and put all rental houses in it.

Separate it so your house, car, savings can’t be attacked.

How many layers of protection can you add? It’s up to you. The more layers, the more exhaustive to another plaintiff’s attorney to get at your nest egg and assets.

Another consideration is using an Irrevocable Asset Protection Trust to protect assets from a healthcare crisis requiring long-term care?

2. What If My Attorney-In-Fact Predeceases Me?

If the attorney-in-fact under a Power of Attorney passes away before you, then it ceases to have any power… unless you have appointed within the document second or third backup agents to serve as your attorney-in-fact. Think about it. If a player fouls out of the game you always want players on the bench to take their place.

3. I Already Have A Will…

People think they’re protected with a Will.

A will is great but can be a dangerous place to pass property.

If we’re passing your home through your will and open it to a probate estate in court, you must go to the courthouse, pay to open the estate, publish it in the paper, and wait 90 days (at least). That’s when liens such as Medicaid liens which may have paid for long-term care during your lifetime attach and force the sale of that property to pay that lien.

For information about other ways to easily avoid probate with real property (land/homes) and liquid assets (money/investments) contact:

Greg McIntyre

Elder Law Attorney
McIntyre Elder Law
123 W. Marion Street

Shelby, NC 28150


Hometown Heroes – Veterans Interview Video Links:

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Below are links to the videos of the interviews I conducted over the last several years that found their way into the Hometown Heroes book. I always enjoy putting a face and voice to a name and thought you may as well. Enjoy!

Click on the link below to view the video interview.

Story 1- Jim Hardin –

Story 2-  J.C.Horne –

Story 3- Roland Stewart –

Story 4- JD & Virginia Thomas –

Story 5- Earl Mace –

Story 6- Dr Frank Sincox –

Story 7- The Schenk Brothers –

Story 8- Michael Carpenter & Barry Carpenter –

Story 9- David Rose –

Story 10- Bob Cabiness –

Story 11- Gene Ramsay –

Story 12- Ray Kale –

Story 13-  Bill Hardin & Larry Gamble –

Story 14- Roger Wuerst –

Story 15- Tom Haines –

Story 16- Evan Thompson –

Story 17- Ludy Wilkie –

Story 18- Jim Quinlan –

Story 19- Martha Bridges –

Story 20- Martin Mongiello –

Story 21- Arthur Gordon –

Story 22- Dr Rit Varriale –

Story 23- Greg McIntyre –


Alzheimer’s 101 – Understanding the Basics

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What is Alzheimer’s Disease?

Alzheimer’s disease is defined as an irreversible, progressive mental deterioration that can occur in middle or old age. It is the most common form of dementia.


What causes Alzheimer’s Disease?

Alzheimer’s disease is caused by a generalized deterioration of the brain. The disease is caused by a combination of factors, including genetic, lifestyle, and environmental factors. There are a variety of factors that put people at risk for Alzheimer’s disease. Age and genetics are risk factors. As people age or if there is a family history of Alzheimer’s, there is a greater risk of the onset of Alzheimer’s disease. People with Down Syndrome or mild cognitive impairment have a greater chance of having Alzheimer’s as they age. If a person has experienced past head trauma, this puts them at risk for Alzheimer’s.


The risk of Alzheimer’s is also related to lifestyle and heart health. Those with poor heart health and an unhealthy lifestyle put themselves at greater risk for the disease.


Finally, women are more likely to be diagnosed with Alzheimer’s than men. Some causes and risk factors of Alzheimer’s disease are impossible to change or control, but lifestyle and heart health are things that can be controlled.

What are the symptoms of Alzheimer’s Disease?

Alzheimer’s disease, in general, destroys memory and thinking skills. In the late stages, a person with Alzheimer’s is unable to carry out even the simplest tasks. A person who is experiencing the onset of Alzheimer’s will experience mild symptoms, which may include increasing forgetfulness or mild confusion. As the disease progresses, the memory loss increases, especially recent memories. The progressive nature of the disease causes memory to continue to deteriorate throughout the rest of the person’s life. The ability to think and reason are impaired until even performing familiar tasks can become impossible.


A person with Alzheimer’s disease often experiences changes in behavior. They may do things out of their character for them prior to the disease. Common changes in behavior include aggressive behavior, agitation and irritability. Alzheimer’s disease symptoms can include depression, mood swings, and difficulty sleeping. The deterioration of the brain causes a person to change in ways that are difficult and trying for all involved.


How is Alzheimer’s Disease diagnosed?

Alzheimer’s disease is complicated and getting to a diagnosis is a long process. If a person or their family suspects the onset of Alzheimer’s disease, it is important to understand that there will be many steps and visits with doctors to determine if in fact it is Alzheimer’s. There is no single test. The first step for the doctor will be to get a comprehensive medical history. The doctor can use this history to determine if the patient has risk factors for Alzheimer’s disease. The next step is to complete testing on mental status and mood of the patient. Beyond this there will be physical and neurological examinations. If the doctor suspects Alzheimer’s, the tests will continue with blood tests and brain imaging. The goal is to rule out other causes to be sure that Alzheimer’s disease is the correct diagnosis.


What treatment options are available?

Alzheimer’s disease has no cure. Treatment options are meant to delay or slow the progression of the disease. Medication is one treatment option. The medicines are used to treat the cognitive symptoms. As the disease progresses, symptoms continue to worsen. Medication is unable to stop the damage that Alzheimer’s disease causes to brain cells, it can help stabilize the patient or slow the progression for some time.


Behavioral symptoms can be treated with some medication as well, but there are other ways to address these symptoms. The first thing is to know and be aware of triggers. By knowing triggers, there are a variety of coping strategies that can be used. Some of these include avoiding confrontation, making sure the Alzheimer’s patient gets adequate rest, monitoring comfort, and creating a calm environment. Many are now looking at herbal remedies, dietary supplements, and “medical” foods as possible treatments to enhance memory. There is no conclusive evidence that these things work.


Alzheimer’s disease is complicated. The causes and symptoms vary from one person to the next as does the progression of the disease. Being educated about the disease and care options is the key to helping a loved one with Alzheimer’s disease. Doctors, therapists, and elder law attorneys can guide families through the difficult process of caring for a loved one with Alzheimer’s.


If you have any questions about something you have read or would like additional information, please feel free to contact us.

Greg McIntyre

Elder Law Attorney
McIntyre Elder Law
123 W. Marion Street

Shelby, NC 28150


3 Points About the New 2018 Tax Law Seniors Should Know:

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 Is Social Security Taxable?

Combined Income is not taxable under $25,000. As a general rule, Social Security income is taxable! 15% of your social security benefit is a tax free benefit under the tax rules. However, you could pay a maximum of 85% on your Social Security income depending on your total combined income. Combined Income is your Adjusted Gross Income plus your non-taxable interest plus one-half of your Social Security income that year.

Individuals with combined income of $25,000 to $34,000 will pay up to 50% income tax on every dollar of Social Security income over the $25,000 threshold. Individuals with combined income of more than $34,000 will pay up to 85% income tax on every dollar of Social Security income over the $34,000 threshold.*

There are strategies to avoid paying taxes going into retirement which include Roth IRAs and having the Social Security Administration withhold taxes from every check or pay quarterly.

What are the Rules on Gifting and Estate Tax?

The tax exempt gift limit during an individuals lifetime is now $5.6M. The tax exempt estate and gift tax is the same $5.6M per individual. However, the lifetime and estate taxes work together. For example. If you give away $1M during your lifetime then at death you may only pass $4.6 as tax exempt.

Do I have to report gifts?

The reportable gifting limit per person per year went from $14k in 2017 to $15k in 2018. You must report a gift to a person over $15k to the IRS. This is presumably so that the IRS can track your gifting to subtract each gift over $15k from the total allowable lifetime and death tax amount of $5.6M.

This has been a summary of just a few of the tax law changes going into 2018 that I wanted to pen from my presentation and discussion at our March Monthly Client Breakfast. If you have any questions, please contact me at: 704-259-7040.

* Average SS Income for 2017 was $1,400 per month or $16,800 per year.

* Always consult a tax professional.

Greg McIntyre

Elder Law Attorney
McIntyre Elder Law
123 W. Marion Street

Shelby, NC 28150


Senior Adults and Identity Theft – How to Protect Against It

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Image result for senior identity theftSenior adults can be more susceptible to identity theft than others. Identity theft is a crime that is on the rise. It involves a criminal stealing personal identifying information to create a new identity or to steal money from the victim. Senior adults are targeted for a few reasons. One reason is that they often have more money saved after a lifetime of working than younger people. Another factor is that personal information for elderly adults often passes through more hands, especially those in hospitals and nursing homes.  Senior adults can be more trusting of people and often do not pick up on warning signs. Finally, aging adults are far less likely to report identity theft crimes. They fear that their independence might be taken away by their loved ones. It is important for senior adults and their caregivers to know how to protect themselves against identity theft.



The rapid growth of technology has given identity thieves many new outlets for preying on seniors. Many thieves use email to present themselves as a reputable group or company. In the emails, they request personal information. Seniors give their information and the thief has what they need to steal from them. Identity thieves also use phone calls to gain personal information from elderly adults. They may pose as representatives from companies or the government, and ask for personal information. Unsuspecting seniors, then give them personal information. Social media is another place that identity thieves comb to find the personal information of senior adults. To protect their identity, seniors should never give any personal information through unsecured sources, such as email or over the phone. Seniors should avoid sharing personal information on social media. Even information like the exact date of birth can allow identity thieves to obtain information to steal from an unsuspecting adult.


Image result for identity theftPaperwork

Papers, including mail, are an excellent way for thieves to get personal information. Keep tabs on all important documents and store them safely in a file cabinet that locks or a safe. If a senior adult is in the hospital or travelling, it is important to stop mail delivery or arrange for daily pick up. Monitoring credit and bank accounts on a regular basis also helps to protect the identity of senior adults. Shred old paperwork, mail, and receipts instead of just throwing them away and be careful when throwing away receipts in places like hotels.



The starting point for for seniors to be protected from identity theft is to be informed. Seniors and their loved ones should educate themselves and their loved ones on common scams that identity thieves use. Another way to protect identity is through a monitoring service. For a small fee, companies can monitor online accounts and  a person’s social security number to help prevent identity theft.


There are also a variety of legal planning tools to help protect seniors and their loved ones from identity theft.  The way assets are titled can play a large part in whether those assets can be stolen. Planning with trusts can also provide a layer of protection against identity theft and fraud.  A thorough legal plan combined with knowledge and awareness is the best defense.


If you have any questions or would like additional information, please feel free to contact us.

Greg McIntyre

Elder Law Attorney
McIntyre Elder Law
123 W. Marion Street

Shelby, NC 28150



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Most of us don’t like to think about the possibility of something harmful happening to us or a loved one. Because of this, we rarely think about how to protect ourselves and our loved ones if the worst were to happen. However, just as it is important to buy home insurance to protect your home and auto insurance to protect your vehicle, every individual should have an advanced care directive to protect themselves if they were no longer able to make decisions for their health care, end of life, living arrangements, and various other personal matters.


The basic definition of an advanced care directive is a legal document or group of legal documents in which a person puts in writing what their wishes are for their health if they no longer have capacity to make these decisions for themselves. Advanced care directives are often comprised of a living will and a health care proxy. Everyone who is above the age of 18 should have one.


There are several key items you should include in your advanced care directive. While these can be drafted without legal help, this is a legally binding document as soon as it is signed in front of the required witnesses and it is essential you seek the advice of a legal professional when creating a directive. The most important instructions to include are which life support treatments you want, or do not want. You can provide directions on if you want all life support treatments, no life support treatments, or you may choose individual support treatments such as blood transfusions or dialysis.


Another facet every healthcare directive should contain is who you choose to be your health care proxy. This person will be responsible for making medical decisions on your behalf in the event you are unable to. This person should be someone who you are close to and can trust. You should also decide if you want a do not resuscitate order, which states that if your heart stops or you are no longer breathing, you want every effort or no effort made to revive you. Depending on your personal preferences, you should also include whether you would like to become a registered organ donor.




Advanced directives are not congruent throughout the United States and laws may vary from state to state. This can often be confusing because one state’s directive may not work in another stat. To ensure your wishes are carried out, you should complete advanced care directives for all states where you spend a significant amount of time.


Emergency medical technicians are legally obligated to do whatever is necessary to stabilize a person and transfer them to a hospital. Therefore, they simply cannot honor your advanced care directive. Your directive will be implemented when a medical professional evaluates your condition and the underlying conditions.


Advanced care directives have no expiration timeline – the original will remain in effect unless you make changes to it. If you create a new directive in the same state, the previous one will be invalidated. However, it is important to notify the agent named in both the old and new document.


If your wishes do change, it is important to keep your advanced care directive up to date. If you choose to make changes, it is recommended that you create an entirely new document.


Advanced care directives are extremely important because they give you a voice when you may not be able to speak on your behalf. If you have questions about anything you’ve read or would like to meet with a legal professional to discuss how you could benefit from an advanced care directive, please do not hesitate to contact our office.

Greg McIntyre

Elder Law Attorney
McIntyre Elder Law
123 W. Marion Street

Shelby, NC 28150



What to Consider in Retirement Planning

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Most people dream of the day they can retire. The problem is that many do not move beyond dreaming to planning. Planning can be done no matter what your age, but experts encourage people to start as early as possible. Retirement planning can seem like a daunting endeavor for many people as they focus on day-to-day financial obligations. Many people have no idea where to start. A few simple questions can help people of any age plan for retirement.


What does retirement look like to you?

This is an essential question to ask when beginning to plan for retirement. A good starting place is to start jotting down your ideas and, if married, your spouse’s ideas for retirement. Maybe travel is in your plan. If not travel, then how do you plan to spend your time? Will you want to downsize your home? Many people find that the home where they raised their family is too large or more than they wish to maintain. Will you continue working? If so, how much do you wish to work. Part-time or contract work can give more flexibility while still providing a source of extra income.


What assets do you have?

This is the beginning of financial planning for retirement. Look not just at your bank account and retirement accounts, but also property you own. Other assets to consider are collections that have significant financial value. Also, take stock of other investments that will be used to fund your retirement.


How is your health?

Personal health can play a large factor in retirement planning. The first step is to make sure you are up to date on all of your health screenings and check-ups. Once your health has been evaluated, you can better assess your plans for retirement. Health can affect finances and quality of life in retirement. There is no better time than the present to evaluate lifestyle and, if necessary, improve health habits to improve your quality of life and extend it.


When should you take social security?

There is no easy answer to this question and it is really a case-by-case decision that an attorney or financial professional can help you make. In the most basic terms, waiting longer to take benefits will increase the monthly benefits you receive. However, for many, this is not an option. It is important to assess your expenses and make the most informed decision possible with help from informed professionals.


How can I cut expenses to save more?

This is an excellent question for people of any age to consider. Cutting expenses can provide for extra savings to throw into your retirement plan. Cutting expenses can also help when creating a budget for retirement. If you can cut in some categories, then you can reallocate to other categories in order to be able to live more comfortably in the future. Paying off debt also becomes more manageable when other expenses can be cut.


How do I need to plan for the unexpected?

There is never any guarantee that the retirement you plan becomes reality. Many unexpected events can and will arise in retirement. These events can put a financial strain on a family, so it is important to plan a contingency for these events. This also good time to talk family and think about future care needs. Good health today does not guarantee it in the future – in fact, the possibility of needing long term care increases with each year we grow older. Creating a plan that includes legal and financial considerations helps get all family members on the same page and can greatly reduce stress should the unexpected occur.


Considering these questions can help you to begin working on a retirement plan that will fit your needs in the future.  An attorney can also help you with the legal side of planning for retirement, especially when considering the possibility of needing long term care in the future. The destination (retirement) is easier when the roadmap is clear and you have a plan for bumps in the road.


If you have any questions about something you have read or would like additional information, please feel free to contact us.

Greg McIntyre

Elder Law Attorney
McIntyre Elder Law
123 W. Marion Street

Shelby, NC 28150


TAKE THE TOUR: Summit Place of Kings Mountain: Assisted Living with a Smile!

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TAKE THE TOUR: Summit Place of Kings Mountain: Assisted Living with a Smile! Just a wonderful time and a wonderful place. Sarah Dixon was kind enough to give us a tour of this amazing living space where assisted living is more like an apartment with a nurse around the corner. From assisted living to memory care, Summit Place gives top tier service to its residents.
Sarah Callahan Dixon
Taylor Shelton
Summit Place of Kings Mountain
Dianne Thackerson
Mallory Greene
Greg McIntyre

5 Things to Include in an Estate Plan

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Things to Include in an Estate Plan


Estate planning is important for people of all ages, but as we age, the need for planning becomes even more critical. Many people avoid estate planning, because they do not want to think about the end of life, failing health or disability. Others believe that an estate plan is only for rich people. However, an estate plan is helpful for the senior adult and their families regardless of overall wealth.


The estate is all the property owned both individually and jointly, including bank accounts, real estate, jewelry, etc., and what is owed. Without an estate plan, it is very difficult to carry out a person’s wishes and can bring on a long, drawn out probate that can be very expensive for the family. If an estate plan is in place, it can provide peace of mind for the senior adult and their family, as well as protection for the wishes of the senior.


Below are some basic guidelines for what should be included in an estate plan.


  1. Will. A will provides for an executor of the estate, who will take care of managing the estate, paying debts, and distributing property as specified. The distribution of assets can be outlined in the will. This can be as broad or detailed as a person wishes. In a will, beneficiaries and guardians for minor children should be assigned. It may not seem necessary to discuss minor children when discussing seniors and estate planning, but with the rise of grandparents raising grandchildren, this may indeed be an important part of the will. A senior adult can spell out, in the will, how they want their funeral and burial to be carried out as well.


  1. Living Will. A living will outlines a senior’s wishes for end of life medical care. It can include, in as much detail as the senior wishes, what medical treatments the senior would or would not like to have in specific situations. A living will takes the stress of making those decisions off of family members and helps to keep peace in families during times that can be difficult and emotional.


  1. Healthcare Power of Attorney. A healthcare power of attorney is also a key part of an estate plan. This legal document provides for someone to legally make healthcare decisions for a senior adult. A durable power of attorney will remain in effect for the senior if the senior becomes unable to make decisions.

  1. Financial Power of Attorney. A financial power of attorney names an agent who has the power to act in the place of the senior adult for matters relating to finances. The durable financial power of attorney stays in effect if the senior adult becomes unable to handle their affairs. By having a financial power of attorney in place, the stress and expense of a guardianship can be avoided, and the senior has the final say in who will make decisions relating to finances.


  1. Trust. Setting up a trust can be beneficial for the distribution of specific assets or pieces of property. The benefit of a trust is that it does not go through probate, as compared to a will. Property is still distributed at the death of the trustmaker, but it is done without the need of a court. This also allows for privacy of the trustmaker, where with a will and a probate, all of the deceased person’s assets and the the terms of their will is made public.


Having an estate plan is necessary if you or your senior loved one wishes to have a say in what happens in the end of life and with assets after death. Consulting and planning with an elder law attorney will help to ensure that all options are explored and the best possible solution is utilized. The elder law attorney can walk you through all of the necessary parts of the estate plan, provide explanation, and prepare the paperwork. Elder law attorneys will help take the guesswork out of estate planning.


If you have any questions about something you have read or would like additional information, please feel free to contact us. 

Greg McIntyre

Elder Law Attorney
McIntyre Elder Law
123 W. Marion Street

Shelby, NC 28150


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