Elder Law Report

Prepare For Storms You Can See And Those You Can’t

Cold mornings, black ice on the north side of the valley, and a clear road just a mile away—mountain weather keeps you humble. That same unpredictability shows up in life events, which is why we sat down with attorney Jane Dearwester to connect winter preparedness with estate planning that actually works when the road disappears. From Hurricane Helene to fast-moving forest fires and sudden evacuations, Jane shares how her Hendersonville team built resilience: checking on staff across elevations, setting remote work protocols, and keeping signings and client support moving even when the power blinked and supplies thinned. We carry those lessons straight into your home and finances. Jane breaks down the essential documents—durable financial power of attorney, health care power of attorney, HIPAA release, living will, will or trust—and explains how they prevent guardianship, unblock access to accounts, and keep medical decisions in trusted hands. We also dive into property strategies like Lady Bird deeds and how trusts can protect assets and streamline benefits, especially when timing and eligibility matter. The message is clear: planning early gives you options; waiting narrows your choices at the exact moment you need them most. If you’ve ever wondered whether four-wheel drive equals safety, Jane’s PSA says otherwise: it helps on snow, not on ice. The legal parallel is powerful—good intentions slide, signed authority grips. You’ll hear practical tips for winter kits (boots, blanket, charger), a simple activation sheet for families, and the operational steps that keep a practice serving clients when roads close. Use this conversation as your cue to put both kinds of preparedness in place. Subscribe for more practical guides, share this with someone driving into winter unprepared, and leave a review with the one action you’re taking this week to secure your plan.

How To Weave Charitable Gifts Into Your Estate Plan This Holiday Season

Big-hearted plans beat vague intentions. We dig into clear, workable ways to support the causes you care about—without neglecting the people you love. From simple will language to more advanced tools, this conversation breaks down how to structure charitable gifts so they’re easy to carry out, tax smart, and aligned with your values. We start with the building blocks: specific gifts versus percentage bequests, and how beneficiary designations on life insurance, retirement accounts, and bank accounts can direct support straight to a nonprofit while avoiding probate. Then we go deeper on strategy. Charitable lead trusts send income to a charity for a set term before the remainder goes to your family; charitable remainder trusts do the reverse, paying you or loved ones first and gifting the remainder to your chosen organization later. Both can provide meaningful tax advantages when designed with care. Throughout the conversation, we connect planning to purpose. If your heart is with animal rescue, education, your church, or a local community group, a few precise decisions can produce outsized impact. We share practical examples—like gifting 20 percent of an estate to a humane society—and why end-of-year is a natural time to review documents with your estate attorney and tax advisor. And while the legal tools matter, small daily acts of generosity build the same legacy in real time, reinforcing the story your plan will one day tell. Ready to align generosity with a plan you trust? Listen now, subscribe for more practical elder law insights, share this episode with someone who’s planning their legacy, and leave a review to tell us which cause you’re supporting this season.

Ladybird Deeds Made Clear

Want a simple way to keep full control of your home today and pass it to your heirs instantly when you’re gone? We dig into the nuts and bolts of the Ladybird deed—formally called an enhanced life estate deed—and explain why it’s a powerful, court-tested tool in North Carolina and beyond. You’ll hear how it avoids probate, preserves eligibility for long-term care Medicaid, and protects against certain estate creditors, all while letting you sell, refinance, rent, or change beneficiaries without anyone else’s permission. We start by cutting through the Google noise and clarifying the legal status: yes, enhanced life estate deeds are valid in North Carolina when drafted with the right language. Then we share a real client story that shows the practical benefit: after a parent passed, the heir didn’t face court lines or paperwork tangles—the home was already theirs. From there, we compare Ladybird deeds to traditional life estate deeds, showing how the “enhanced” powers keep decision-making in the owner’s hands and eliminate the need for beneficiary signatures for future sales or mortgages. We also tackle multi-state naming quirks, why some states don’t list “Ladybird deed” yet still use the same operative clauses, and how these deeds function like a “payable on death” designation for real estate. Along the way, we connect the strategy to larger estate planning goals: shielding the home from Medicaid estate recovery, reducing delays and fees, and coordinating with beneficiary designations, powers of attorney, and healthcare directives to build a complete plan. If you want a clear, low-friction path to protect your home and spare your family from probate, this conversation lays out the steps. Ready to safeguard your home and keep your options open? Subscribe, share this episode with someone who needs it, and leave a review to help more families find practical elder law guidance.

Veteran’s Benefits in Estate Planning: What You Should Know

Benefits you earned shouldn’t be out of reach just because the rulebook is complex. We sit down on Veterans Day to map a practical path to VA Aid and Attendance—a pension that can help pay for in‑home care, assisted living, or nursing home care—without draining a lifetime of savings. Drawing on years of elder law practice, we unpack the real asset limits, the home and acreage rules, and the underused Veterans Asset Protection Trust that can shield excess resources and still keep you in control. Across the conversation, we focus on preserving dignity and choice. You’ll hear how to balance everyday access to funds while sheltering the rest, how to select a trusted third‑party trustee, and why a well‑timed trust can be Medicaid‑compliant so you can stack Aid and Attendance with Medicaid when health needs escalate. We also lay out the essential foundation: a general durable power of attorney, a health care power of attorney, and a living will—documents that prevent guardianship and keep decision‑making with the people you choose. For the home, we explain probate‑avoidance strategies like a Lady Bird deed to protect equity and ensure it passes cleanly to your heirs. Whether you’re a veteran, a spouse, or a surviving spouse, the goal is clear: protect what you’ve built, activate the benefits you deserve, and keep control over where you live and how you’re treated. If you’ve wondered how to qualify for VA Aid and Attendance, avoid unnecessary spend‑downs, and steer clear of probate, this guide offers the steps and the reasoning behind them. Subscribe for more elder law insights, share this with a veteran who could use it, and leave a review to help others find trustworthy planning advice.

From Environmental to Elder Law: Introducing Attorney Josh Hunter

Meet the newest member of our elder law team, attorney Josh Hunter—a history major turned lawyer who pairs environmental policy training with a calm, strategic approach to complex family needs. We walk through the realities of apprenticeship in a focused practice: why mastering estate planning, long-term care benefits, probate, trust administration, and litigation takes more than textbooks, and how mentorship builds judgment you can trust when decisions affect generations. Josh shares how law school flipped on the lights for him, revealing how constitutional principles and precedent actually operate in daily life. He then took a deeper dive into environmental law and policy, a choice rooted in his love for the outdoors and a commitment to stewardship. That same respect for systems shows up in his legal work—translating rules into practical, compassionate solutions for older adults and their families. Outside the office, Josh recharges with daily hikes and powerlifting, a routine that keeps stress low and focus high, especially after dense research days. He’s also a strategy gamer—Dungeons & Dragons, Magic: The Gathering, and Pokémon—where creativity thrives inside strict rule sets. That habit maps directly onto elder law: analyze the rules, design the path, and adjust with care and precision. As Josh steps into our Hendersonville office, he’s eager to learn the courthouse rhythms, collaborate with our experienced team, and serve a vibrant retirement community with clarity and heart. If you value thoughtful counsel that blends empathy with disciplined problem solving, you’ll enjoy getting to know Josh. Subscribe to the show, share this episode with someone navigating estate or long-term care planning, and leave a review to help others find us.