How to Protect Your Assets for the Next Generation

How to Protect Assets for the Next Generation

Attorneys Brenton Begley and Jordan McIntyre

Protect your hard-earned money and property for the next generation doesn’t happen by accident; it requires thoughtful planning. In this episode of The Elder Law Report, Attorneys Brenton Begley and Jordan McIntyre from McIntyre Elder Law discuss the biggest threats to generational wealth and the steps families can take to reduce those risks. 

The Biggest Risk to Your Assets

When it comes to preserving your assets for a loved ones, there are two primary risks families should understand:

1. The High Cost of Long-Term Care

2. Probate

Without proper planning, either one can significantly reduce – or completely eliminate – the assets you intended to pass down. 

Risk #1: The Cost of Long-Term Care

Long-term care is expensive. Whether care is provided at home, in assisted living, or in a nursing facility, monthly costs can easily range from $5,000 to $15,000 or more. Over time, these expenses can quickly drain savings, retirement accounts, and even real estate. 

Many families end up paying for care out of pocket simply because they don’t understand their options. This can be especially devastating when one spouse needs care and the other remains healthy, watching their shared nest egg disappear while worrying about their own future financial security. 

The good news? Paying entirely out of pocket is not the only option. 

With proper advance planning, families may be able to preserve assets while still qualifying for benefits like long-term care Medicaid or Special Assistance in the future. Strategic trust planning and asset structuring can allow individuals with significant assets to keep options open; rather than being forced to spend-down assets later. 

The key is timing. Planning before crisis occurs gives families far more flexibility and protection. 

Risk #2: Probate

Even if long-term care costs are addressed, assets may still be at risk if they pass through probate. 

In North Carolina, probate can be a lengthy process; often lasting anywhere from six months to two years. During this time, assets are essentially frozen, preventing loved ones from accessing funds when they may need them most. 

More importantly, probate is the only window during which creditors can make claims against an estate. This includes medical providers and Medicaid, which. may seek repayment for benefits provided during a person’s lifetime. 

Even families who believe they have no creditors are often surprised to learn that significant medical or care-related debts arise at the end of life. Assets are passing through probate are exposed to those claims. 

By contrast, assets that are structured to avoid probate can pass directly and immediately to loved ones – often before creditors have any opportunity to attach to them. 

Why Avoiding Probate Matters

Avoiding probate offers several key benefits:

  • Faster transfer of assets to loved ones
  • Reduced exposure to creditor claims
  • Greater privacy
  • Increased certainty that your wishes are honored

There’s also a simple financial truth: money today is more valuable than money later. Allowing your family immediate access to assets can make a meaningful difference during an already difficult time. 

The Two Most Important Planning Steps

To preserve assets for the next generation, families should focus on:

  1. Planning for Long-Term Care: Understand your options, plan ahead, and keep benefits like LTC Medicaid on the table. 
  2. Avoiding Probate: Structure assets so they pass efficiently and are protected from unnecessary claims. 

Together, these strategies can help ensure that your hard-earned money and property go where you intend – to the people you love.

Need Help Protecting Your Assets?

If you have questions about estate planning, long-term care planning, or how to protect assets for the next generation, contact us for a free consultation.

📍 Offices in Shelby, Charlotte, and Hendersonville
📞 Call us at 1-888-999-6600
🌍 Visit our website: www.mcelderlaw.com

Don’t wait until it’s too late—take control of your future today!

Attorney Brenton Begley

Estate Planning & Elder Law Attorney

CLO & Partner, McIntyre Elder Law

Shelby, NC

Attorney Jordan McIntyre

Estate Planning & Elder Law Attorney

McIntyre Elder Law

Shelby, NC

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.

Connect with Greg

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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