Probate hearings rarely make for casual conversation, but they're a critical part of estate administration that can become surprisingly contentious. Join Jane Dearwester and Haley Matson from McIntyre Elder Law as they pull back the curtain on these often-misunderstood legal proceedings in North Carolina.

Most people assume probate is just paperwork and forms, but contested estates can involve numerous hearings before the clerk of court. Jane and Haley expertly break down the different categories of probate hearings you might encounter, from competing qualification disputes (who gets to serve as executor?) to heir determination hearings (who's legally entitled to inherit?). They explore petitions for possession and sale of real property, motions to remove executors who mishandle estate funds, and the fascinating 28A examinations that can compel disclosure from those hiding estate assets.

The conversation takes particularly interesting turns when discussing lost will hearings—especially relevant in Western North Carolina, which has suffered hurricanes and wildfires destroying important documents—and will caveats that challenge a will's validity based on lack of capacity or undue influence. One compelling example involves a "crooked pastor" who convinced a cognitively declining person to disinherit their entire family. Jane and Haley explain how they successfully had that will invalidated.

Perhaps most valuable is their explanation of North Carolina's spousal protections. Unlike some states, North Carolina doesn't allow complete disinheritance of spouses, providing statutory remedies through elective share (based on marriage length) and spousal allowance (the first $60,000 of the estate). Throughout their discussion, they emphasize how Chapter 28A of the North Carolina General Statutes creates a complex framework that isn't intuitive or straightforward—making professional legal representation essential when navigating these waters.

Want to learn more about protecting yourself and your loved ones from probate complications? Visit mcelderlaw.com to explore their blogs and resources, or connect with their team at offices in Shelby, Charlotte, and Hendersonville.

Forget everything you thought you knew about estate planning. That nagging belief that it's only for the wealthy with beach houses and trust funds? It's completely wrong. As attorneys Jordan McIntyre and Haley Matson explain, everyone has an estate worth protecting, whether you're retired on a fixed income or just starting your family journey.

What most people don't realize is that estate planning isn't primarily about protecting your stuff—it's about protecting your people. When you create an estate plan, you're ensuring your children have designated guardians, your assets go to the right beneficiaries, and your loved ones aren't forced to make impossible decisions about your care during emotionally difficult times. Without these protections, the state makes these critical decisions for you, following rigid laws that rarely align with personal wishes.

The consequences of not planning can be devastating. When someone dies without proper documents in place, everything goes through probate—a public, court-supervised process where creditors have 90 days to make claims against your estate. This is exactly how families lose homes and cherished property to medical debt and other creditors. And for seniors considering Medicaid for nursing home coverage, comprehensive planning becomes even more crucial to protect assets from reclamation after death. As our attorneys emphasize, planning doesn't mean you're expecting the worst; it simply means you're taking control before crisis hits.

Don't fall for the myth that you need to be wealthy or elderly to benefit from estate planning. In fact, creating these documents earlier is always easier and more effective. Life changes like marriage, divorce, births, or deaths often necessitate updates to existing plans, so establishing a foundation early makes future modifications simpler. Ready to protect what truly matters? Visit McIntyre Elder Law for a free consultation in Shelby, Charlotte, or Hendersonville, or call 1-888-999-6600 to start securing your family's future today.

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.