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Elder Law Report

Elder Law Report

By: Greg McIntyre J.D. M.B.A.
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Keeping seniors and their families informed and up to date on estate planning, elder law and other matters. We help seniors navigate the legal maze of aging in America.© 2026 Elder Law Report Personal Development Personal Success Political Science Politics & Government
Episodes
  • What Does Fair Mean In A Family Land Fight
    Jun 10 2026

    When siblings inherit a house, the hardest part is not the paperwork, it’s the stalemate. One person wants to keep the property, another wants to sell, and someone ends up paying the taxes and mortgage while the argument drags on. We sit down with attorney Anthony Rabreno to explain the North Carolina partition process that can finally move an inherited property dispute toward a clear outcome.

    We walk through the two types of partition you’ll hear in court: partition in kind, where the property is physically divided into separate lots for each heir when that’s actually feasible, and partition by sale, where the court orders the property sold and each co-owner receives their share of the proceeds. We also cover why the court typically uses a neutral, court-appointed commissioner to handle appraisals, surveys, and the sale itself, helping reduce bias and keep the process fair.

    Then we get into the questions people ask us every day in elder law and estate administration: Can attorney fees be shared? What about reimbursement for expenses like taxes or mortgage payments? Is a sibling buyout possible before things escalate? If you’re dealing with inherited land, a family home, or co-owned real estate in North Carolina, this conversation gives you a practical map of your options.

    Subscribe for more clear answers on estate and elder law, share this with a family member who needs it, and leave a review with the question you want us to tackle next.

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    8 mins
  • Who’s The Dad And Who Gets Paid
    Jun 3 2026

    A child can spend a lifetime loving their dad and still be told they have no inheritance rights when he dies without a will. That’s the reality North Carolina probate lawyers have faced for years when legitimation was never completed through a formal court process. We sit down for a quick elder law update on a new North Carolina statute that changes the conversation about heirship, legitimation, and intestate succession, especially for children born outside marriage.

    We explain what’s different, who the change applies to, and why the effective date matters: it applies to decedents dying on or after December 1, 2025. Then we get practical about the new option to establish legitimation using an affidavit of parentage signed by both the mother and the putative father. We also talk through the real-world details listeners worry about, including whether the signature has to happen at the time of birth, whether it can be done years later, and why waiting can increase the risk of disputes.

    From there, we pressure-test the law with uncomfortable hypotheticals: competing affidavits, uncertainty about who the father is, and why the statute doesn’t allow a unilateral affidavit even if you have convincing DNA evidence. A key takeaway is the legal nuance between paternity and legitimation in North Carolina, and how that difference can affect not only a father’s estate but also who could inherit from the child’s estate in scenarios like wrongful death recoveries.

    We end with the simplest way to avoid the headache altogether: clear estate planning. If you want someone to inherit, put it in writing with a will, or consider trusts and beneficiary-based transfers to reduce probate friction. Subscribe for more plain-English elder law updates, share this with someone who needs it, and leave a review with the question you want us to tackle next.

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    20 mins
  • A Bilingual Spanish Speaking Attorney Joins Our Charlotte Office
    May 20 2026

    A long-term care crisis can erase decades of savings in a shockingly short time, and most families do not realize it until they are already in the middle of it. That’s why we’re excited to introduce Anthony Robreno, a new attorney in our Charlotte office, and talk about what proactive elder law and estate planning actually look like when you’re trying to protect a home, property, and the future you built.

    Anthony shares his path from South Florida and his Cuban heritage to Wake Forest University and then the Mecklenburg County District Attorney’s Office, where he served as a prosecutor. He explains what that work taught him about being reactive after tragedy, and why he chose elder law as a way to help families earlier, before “the worst day” forces rushed decisions. We dig into the real-world value of planning tools like powers of attorney and other core estate planning documents that help you stay in control, protect your choices, and reduce stress on the people you love.

    We also talk about the financial reality behind Medicaid planning and long-term care planning, and why so many families unintentionally sacrifice the chance to pass down assets simply because they waited too long to plan. If you’re looking for a bilingual Spanish-speaking attorney in Charlotte, or you want clearer next steps for protecting your legacy, this conversation is a strong place to start.

    Subscribe for more practical guidance, share this with someone who needs a plan, and leave a review to help more families find the show.

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    8 mins
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