Navigating Property Transfer: Insights from the Elder Law Report

In the newest installment of the Elder Law Report, estate planning & elder law attorneys Brenton Begley and Jordan Bentley from McIntyre Elder Law discuss transferring your biggest asset – your home. They shed light on crucial considerations and effective strategies.

Understanding Property Transfer

In the realm of estate planning, one of the most significant considerations for individuals and families is the transfer of property, particularly the family home. It’s often a topic fraught with misconceptions and uncertainties, yet proper understanding and strategic planning can make all the difference in safeguarding valuable assets for future generations.

The Pitfalls of Premature Transfer

One common misconception is the notion that gifting property to children is a foolproof way to ensure its seamless transfer. While the intention may be noble, relinquishing ownership prematurely can expose both the property and the owner to unforeseen risks.

Exploring Legal Instruments

Central to this episode of the elder law report is the concept of life estate deeds and enhanced life estate deeds, also known as Lady Bird Deeds. These legal instruments offer a legal middle ground between outright gifting and retaining full ownership, allowing individuals to retain control over their property while designating beneficiaries for future transfer.

  • Life Estate Deed: Allows you to retain life interest in the home and designate a beneficiary to receive future interest.
  • Lady Bird Deed: Allows you to retain FULL interest in the home and designate a beneficiary to receive the home immediately upon your death.

Implications for Government Benefits

Moreover, property transfer can impact eligibility for government benefits such as Medicaid and VA benefits. Premature transfer can trigger penalties and affect one’s ability to access essential long-term care coverage, emphasizing the need for strategic planning and foresight. In light of these considerations, alternative approaches such as trusts may also be viable options for avoiding probate and protecting assets.

Take Action Now!

Ultimately, the importance of proactive planning and informed-decision making regarding property cannot be overstated. By seeking guidance from experienced professionals like Begley, Bentley, and other McIntyre Elder Law attorneys, individuals can empower themselves to make informed decisions that align with their long-term goals and priorities.

Free Consultation Offer

For personalized assistance and a free consultation, call 1-888-999-6600 or visit mcelderlaw.com/scheduling. With proper planning and foresight, the transfer of property can be a smooth and seamless process, ensuring the preservation of assets for generations to come.


Brenton Begley, LLM

Chief Legal Officer and Partner

McIntyre Elder Law

Jordan Bentley

Estate Planning & Elder Law Attorney

McIntyre Elder Law

Listen to the Elder Law Report episode below!

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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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