What exactly happens when someone names you as the executor of their will? Far more than most people realize. In this enlightening discussion, attorneys Jane Dearwester and Haley Matson of McIntyre Elder Law pull back the curtain on the executor's role during their "Probate Boot Camp."

The conversation begins with a crucial concept many new executors don't fully grasp: the fiduciary duty. This legal standard means you're handling someone else's money with the highest level of care and responsibility. Jane and Haley walk listeners through the practical first steps every executor must take, from locating the original "wet ink" will to formally applying for appointment through the court. Even with a perfectly drafted will, the probate process requires court supervision and specific legal procedures.

Things get particularly interesting when the attorneys dive into the complications that frequently arise. Will contests from disgruntled heirs, allegations of undue influence, questions about testamentary capacity, and disputes over property distribution can transform a seemingly straightforward process into years of litigation. Drawing from their extensive experience in estate litigation, they share real-world scenarios where executors found themselves caught in family disputes while trying to fulfill their duties. The discussion covers executor compensation (up to 5% of estate assets), when to seek professional help, and how even simple estates typically take 6-12 months to settle.

Whether you're currently serving as an executor, have been named in someone's will, or are planning your own estate, this conversation provides invaluable insights into the probate process. Have questions about your specific situation? McIntyre Elder Law offers free consultations at their offices in Hendersonville, Charlotte, and Shelby. Visit mcintyrederlaw.com to learn more about probate and other elder law topics.

Power of attorney abuse represents one of the most devastating breaches of trust that can occur within families and relationships. When someone appointed to handle financial and legal affairs betrays that confidence, the consequences can be financially devastating and emotionally traumatic.

Attorney Greg McIntyre tackles this crucial topic head-on, providing a clear roadmap for addressing situations where an agent under a power of attorney acts against the principal's best interests. He explains that North Carolina law offers specific remedies when agents fail to uphold their fiduciary responsibilities. The first approach involves petitioning the court for an accounting—essentially forcing the agent to present comprehensive documentation of all their actions taken on behalf of the principal. This transparency mechanism allows a judge to review the agent's conduct and, if necessary, immediately remove them from their position to prevent further damage.

For cases where the misconduct is discovered later or after the principal has passed away, McIntyre outlines how civil lawsuits become the appropriate remedy. These legal actions can address breaches of fiduciary duty and seek restitution for funds that have been wrongfully converted to the agent's personal use. Throughout the discussion, McIntyre emphasizes the fundamental principle that agents must always act in good faith and in the best interest of the person who trusted them with this significant responsibility.

Have you noticed concerning behavior from someone who holds power of attorney? Don't wait until the situation worsens. The team at McIntyre Elder Law has extensive experience prosecuting these cases and protecting vulnerable individuals from exploitation. Reach out today to discuss your concerns and explore your legal options for holding wrongful agents accountable.

Your home represents years of memories, hard work, and financial investment—but does your estate plan adequately protect this precious asset? In this illuminating conversation, estate planning attorneys Jane Dearwester and Jordan McIntyre share their expertise on safeguarding your real property for future generations.

Drawing from her 15 years of real estate litigation experience, Jane explains why protecting property assets ranks among clients' top concerns. The good news? Multiple strategies exist to secure your real estate holdings. The attorneys break down the power of Ladybird Deeds (enhanced life estate deeds), which allow you to maintain complete control of your property during your lifetime while designating exactly who receives it after your passing—all while potentially qualifying for benefits like Medicaid without surrendering your home.

For those with property in multiple states or investment real estate portfolios, trust planning offers sophisticated protection against probate complications. As Jane explains, "You only need one trust to hold multiple properties from multiple states." The conversation also addresses special considerations for South Carolina properties, where alternative approaches like joint tenancy with rights of survivorship provide similar protections in a state that doesn't recognize Ladybird Deeds.

Whether you're protecting your family home or managing multiple investment properties, proper estate planning prevents your real estate from becoming vulnerable to creditors through probate. Connect with the attorneys at McIntyre Elder Law in Shelby, Charlotte, or Hendersonville to develop a customized strategy that preserves your property legacy. Visit mcrlaw.com or call 1-888-999-6600 to schedule your consultation today and ensure what you've built remains protected for generations to come.