Elder Law Report
Elder Law Report
Navigating Long-Term Care Benefits While Safeguarding Your Assets
Securing your family's financial future while accessing necessary long-term care is possible with the right legal strategy. This conversation between attorneys Greg and Jordan McIntyre reveals how their firm helps clients navigate this critical balance.
The cornerstone of this discussion focuses on a two-pronged approach: qualifying for Medicaid benefits to cover assisted living or nursing home expenses while simultaneously protecting assets from Medicaid's estate recovery process. Attorney Jordan McIntyre explains that the key lies in probate avoidance - because creditors, including Medicaid, can only claim assets that pass through probate after death.
Among the most powerful tools in this planning arsenal is the ladybird deed, which allows homeowners to maintain full control of their property during their lifetime while ensuring it passes directly to beneficiaries upon death, bypassing probate entirely. For financial accounts, options include trusts for ongoing management or direct beneficiary designations, depending on each family's unique circumstances.
What truly distinguishes McIntyre Elder Law's approach is their commitment to relationship-building. "It's really just about listening skills," explains Jordan when discussing how he establishes trust with clients. This client-centered focus begins with understanding personal histories and family dynamics before crafting legal solutions. Both attorneys share the profound satisfaction they experience when seeing a plan successfully protect a client's legacy - as Greg puts it, quoting The A-Team, "I love it when a plan comes together."
Ready to protect your assets while ensuring you can access needed care? Schedule a free consultation by calling 1-866-999-6600 or visiting mcelderlaw.com/scheduling to secure your family's financial future with attorneys who understand the delicate balance between long-term care planning and asset protection.
qualifying for long-term care benefits and avoiding probate and why that's important. I'm here with attorney Jordan McIntyre and Jordan has been talking to me about the number one question he gets and the number one problem he solves lately is helping people qualify for benefits to pay for long-term care. This is living or nursing home care while avoiding probate, and why is avoiding probate important? If you qualify for a long-term care benefits story, attorney McIntyre.
Jordan McIntyre:Hey, dad, hey. So if you have any assets going through your probate estate right, the only process any creditor can come in and take assets is during that probate process. So we can bypass probate right. We get the money in your accounts maybe your property, the kids. It's a ladybird deed. We prevent that period where you know Medicaid can come in. Let's say you qualify for Medicaid during your life.
Jordan McIntyre:As your attorney, I'm going to want to ensure that I'm not allowing Medicaid to come back in after you pass and take those assets. So what I'm going to do is guide you on how to avoid probate. You might do a ladybird deed on the home so your assets, your home, can transfer to your children or anyone else who would like to. And then, with your account, so you can figure out, you know, do you need some type of trust because those funds need to be managed, or do you need those funds to just go directly to beneficiaries? So I'll do my best during your life to get you qualified for the benefit and then make sure Medicaid can't come back and take it after you pass.
Greg McIntyre:Thank you, attorney McIntyre, son. And so yes, jordan is exactly right. You know we can help you protect assets and qualify for assisted living benefits or nursing home benefits to pay for those stays. The problem is they're going to come back and collect the house and other assets going through the probate estate, so we have to set those up so we still keep you open for those benefits and protect them and keep them in your control and avoid probate. At the same time, we keep our eye on all those things and we make that happen. We're very good at making that happen. We've done that for a long time. Jordan is so proud of him. He's so smart and so good at setting up those plans and doing those things and working with clients. One of the things, jordan, that I have been so impressed with you about in working with our firm is the great relationship and trust that your clients have in you and the relationship you have with your clients. Talk about that for a second. How do you achieve?
Jordan McIntyre:that it's really just about listening skills. You know, with anything, it's about communication and listening. So you know, I might spend the first five to 10 minutes, or even longer, just getting to know the client. Right, I'm going to figure out who they are, what they did during their life, their history. I'm a history major, so I'll figure out my client's history and then their family dynamics. Then we'll figure out what do you need. It's about listening.
Greg McIntyre:For me. I take an enormous amount of pride in having loyal clients and building those relationships and seeing our clients a win for a client, a win for me. It just makes me feel great when those things happen and everything works the way it should, whether it's a court win which we have, or it's an estate plan that qualifies someone for a benefit. I don't know if you have those similar feelings when those things happen.
Jordan McIntyre:How does it make you feel when you know, once those things are completed, I mean I feel good, I think I have peace of mind and the client does as well. You know, I think if you're not invested, people can tell and if you establish those relationships, Go ahead Sorry. If you establish those relationships, you're going to be invested in all your clients.
Greg McIntyre:Yeah, I mean, I think for me it's caring about my own reputation, finishing what I started, and also caring about that, which extends to caring about other people, the clients, and just taking satisfaction from a job well done. I always talk about Hannibal from the A-Team, which is a series in the 80s, ok, and he always used to say he'd be smoking a cigar and he'd say I love it when a plan comes together and I love it when it all comes together and it just works. It feels like it. Just it's the greatest feeling. I love it. I love to call a client and tell them when all these things happen, you know, and the good things happen, it's good stuff.
Greg McIntyre:So well, I appreciate you, attorney McIntyre, for getting with me and talking with me about qualifying for long-term care benefits, retaining ownership of assets and avoiding probate to avoid a collection of whatever the benefit spins out during your life. So I'd say you know, hey, guys out there, if you're in a situation like this or you haven't gotten your affairs in order, you want your plan to come together. You want that feeling and you want somebody to work with that values relationship with you and that that understands that when you win, we win and really celebrates those things together and goes through life with you in that way. This is a place for you. We offer even free annual reviews where if there's any changes within estate planning, within estate plan, then we help you and answer questions all along.
Greg McIntyre:I value the relationships that I've had with my clients over the decades and sometimes had clients and then had their children as clients as well had generational clients. Those are the best. So I take enormous pride also that we're a generational law firm that has two generations working here. Who knows, jordan, maybe one day you'll have one of your kids will come to work here as well. What do you think? I've had?
Jordan McIntyre:a lot of clients who know you.
Greg McIntyre:Yeah, yeah. Well, I know a lot of people and I enjoy meeting and doing a good job for people. So, hey, if McIntyre Elder Law seems like it might be a good fit for you and your family and you want to sit down and make sure that you have the future mapped out a bit legally, financially, and also have an eye on long-term care benefits and making sure you don't lose your assets to the high cost of long-term care avoid probate We'd love to sit down and have that conversation. I would offer a free consult to sit down with myself or any of our other amazing attorneys. You can take advantage of that by calling 1-866-999-6600 or by going right online and scheduling directly on our calendars at mcelderlawcom. Slash scheduling and I'll tell you. Talking about being happy when a plan comes together, you're a part of that too.
Greg McIntyre:Attorney McIntyre. Jordan, so proud of you and happy that you're here with us too, so look forward to meeting with everyone out there and give us a call. We'd love to love to talk to you. Thank you, jordan. You have a great day.
Jordan McIntyre:Thank you Dad See you guys. All right, thank you Dad see you guys, alright.