Elder Law Litigation: Understanding Your Rights and Protections

In today’s world, the field of elder law is increasingly vital. As our population ages, more families find themselves grappling with legal matters related to aging, estates, and long-term care. However, within this realm, there’s a lesser-known but critical aspect: elder law litigation. Attorneys Greg McIntyre and Samantha Gordon from McIntyre Elder Law recently shed light on this often-overlooked area in a discussion with Mia Atkins. Let’s delve into the nuances of elder law litigation based on their insightful conversation.

Understanding Elder Law Litigation

Elder law litigation encompasses a broad spectrum of legal disputes that arise in the context of elder care, estates, and related matters. According to McIntyre, one of the most common issues is will caveats. This occurs when someone contests the validity of a will, alleging factors like incompetence or undue influence during its creation.

Gordon emphasizes the prevalence of estate litigation across the United States, citing reasons ranging from improper execution of wills to breaches of fiduciary duty and beneficiary fraud. Breach of fiduciary duty, in particular, involves the misuse or misappropriation of funds by appointed trustees or agents, violating the trust bestowed upon them.

Common Grounds for Challenging a Will

  1. Undue Influence: This occurs when an individual exerts excessive control or influence over the testator, affecting the decisions made in the will.
  2. Lack of Capacity: Here, the challenge is based on the belief that the testator did not have the mental capacity to understand the implications of the will at the time of its signing.

Protecting Your Interests

In light of these potential legal challenges, proactive measures are paramount. McIntyre advocates for comprehensive planning with the guidance of estate planning and elder law professionals. By articulating clear goals and ensuring that estate plans align with individual needs, individuals can mitigate the risk of future disputes.

Gordon adds another layer of protection by highlighting the importance of periodic reviews. Offering clients a free yearly review, McIntyre Elder Law ensures that estate plans remain current and reflective of any life changes. This proactive approach enables individuals to adapt their plans accordingly, minimizing vulnerabilities and maximizing protection.

Empowering Individuals with Resources

For those navigating the complexities of elder law, McIntyre Elder Law extends a helping hand. Offering free consultations, they provide a gateway for individuals to access expert guidance and support. By dialing 1-888-999-6600 or visiting mcelderlaw.com, individuals can take the first step towards safeguarding their interests and securing their futures.

In conclusion, elder law litigation is a multifaceted domain that demands attention and proactive measures. By understanding the intricacies of will caveats, breaches of fiduciary duty, and other legal challenges, individuals can better protect themselves and their loved ones. With the guidance of experienced professionals and the resources offered by firms like McIntyre Elder Law, navigating this complex terrain becomes more manageable. So, don’t wait until it’s too late—empower yourself with knowledge and take action today.


Need Legal Assistance?
If you have questions or need assistance with a will caveat, feel free to contact us for a free consultation at 1-888-999-6600 or online at mcelderlaw.com/scheduling. Our experienced team is here to help you every step of the way.


Contact McIntyre Elder Law at (888) 999-6600 or click here to get started with a complimentary no-obligation consultation today.

Greg McIntyre, JD, MBA
Greg McIntyre, Estate Planning & Elder Law Attorney
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Greg McIntyre, JD, MBA

Meet Greg McIntyre

Greg McIntyre, founder of McIntyre Elder Law, is more than just an attorney. As a Navy Veteran, father to six kids, and a loving husband, he values family deeply. This drives his commitment to helping clients safeguard their futures and pass down legacies.

Greg has a passion to help people. Beyond just legal advice, he loves having conversations and strives to build a long-term relationship with every clients that comes through his door.

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Act now to secure your legacy and protect your loved ones.

At McIntyre Elder Law, we’re dedicated to assisting North Carolina families, seniors, and their loved ones as they plan for the future.

Whether you need to prepare for future long-term care, access Medicaid or nursing home benefits, or need help settling a loved one’s estate, we’re here to support you.

Contact us for a complimentary consultation to take the first steps towards safeguarding your lifestyle, your legacy, and your family’s wellbeing.

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