Read the Print Version

He Was A Tight-Fisted Hand At The Grindstone…

(Warning: Typos Intact, Not Legal Advice)
(Copyright Notice: All Headlines Are Quoted From Dickens’ A Christmas Carol)

There Never Was Such A Goose.

Can my sister refuse to show me rent, bill receipts, and bank statements?
Both me and sister were appointed co-administrators of our deceased parents estate. My sister is collecting and holding the rent. She refuses to give any receipts or show me bank statements.

It’s Enough For A Man
To Understand His Own Business,
And Not To Interfere With Other People’s

Simple Answer. No. Sister got bad advice somewhere. Why is she withholding information from her co-administrator? Plus, brother is probably co-beneficiary. Brother needs the information to carry out his responsibility as administrator of the estate. Brother is NOT free to let sister get away with this. Brother is duty-bound to challenge sister, in court if need be. Brother literally owes it to mom and dad to find out what is going on and to carry out their intention.

Interesting Note: Sister embezzles, and brother does not find out. He does not want to find out. He does not want to fight sister. He does not want to know. Brother lets it slide. Isn’t brother an accessory to elder financial abuse? Isn’t brother in big trouble?

Bottom Line: When you agree to act as trustee, agent, personal representative, patient advocate, or other fiduciary, you are taking on a big job. You must fully perform that big job. Sorry if you don’t like it, you agreed. If you did not want the job, you should not have taken it. You should have said “No.” or “NO!” Or no way, no how, not in a thousand million years.

Observation: It is no big deal to get a person to act as Trustee or Executor. The First Time. But it is damn near impossible to get that same person to do it a second time. Fool me once, shame on you. Fool me twice, shame on me.

*************

I Have Seen Your Nobler Aspirations Fall Off One By One, Until The Master-Passion, Gain, Engrosses You.
Have I Not?
Our Contract Is An Old One. It Was Made When We Were Both Poor And Content To Be So, Until, In Good Season, We Could Improve Our Worldly Fortune. You Are Changed. When It Was Made, You Were Another Man.

Should I sign a post-nuptual?
My husband and I bought a house almost 3 years ago. My husband put the down payment, a portion of which his parents gave him.
I am equally responsible for the loan and my name is on the deed. I contribute to the household expenses every paycheck. We renovated the basement, to which we both contributed, my husband much more than I. He is insisting that I sign a post nup saying that he would get back every penny of the money he has put into the house
should we get divorced. He wanted to renovate the entire second level, but wants all that money back if we divorce. I have refused, stating that we are married and therefore equal owners. He has subsequently taken all of his parents assets (his father passed early this year) and placed it in a trust controlled by him and only for his family, including our children. I am excluded because I am not a blood relative. He has made it a point to tell me he owns nothing except our house, because he has put everything in this trust. He believes our house is more his than ours, and wants to split the equity only after he gets back all his money. Is this reasonable??

Should You Sign A Post-Nuptial? No. No you should not.

Is This Reasonable? No, No, it does not seem reasonable to me. His actions are not illegal. In fact, the law excludes inheritances from marital property.. So maintaining his family inheritance for his family is well grounded. But is that how you wish to live?

On the Other Hand: Do you recognize your dearly beloved in Dickens’ description of Scrooge?

Oh! but he was a tight-fisted hand at the grindstone, Scrooge! a squeezing, wrenching, grasping, scraping, clutching, covetous old sinner! Hard and sharp as flint, from which no steel had ever struck out generous fire; secret, and self-contained, and solitary as an oyster. The cold within him froze his old features, nipped his pointed nose, shriveled his cheek, stiffened his gait; made his eyes red, his thin lips blue; and spoke out shrewdly in his grating voice. A frosty rime was on his head, and on his eyebrows, and his wiry chin. He carried his own low temperature always about with him; he iced his office in the dog-days and didn’t thaw it one degree at Christmas.

Wake Up and Smell the Coffee! Is this how you wish to live your life? The Law does not have all the Answers. Some you have to figure out on your own. This is one of those questions. Wasn’t that easy?

*************

And Therefore, Uncle Scrooge, Though Christmas Has Never Put A Scrap Of Gold Or Silver In My Pocket, I Believe That It Has Done Me Good, And Will Do Me Good; And I Say, God Bless It!

Must a Successor Trustee make a Distribution-in-Kind of gold coins left in a trust?
My wife’s parents Trust left every thing to their two daughters to be divided equally. Her sister does not want half of the coins, my wife does.
My concern is if the coins which are all identical are are taken in kind that the tax liability may be different than a direct inheritance of the coins. The coins are documented as in the Trust. The cost of valuing the coins is a concern as well. This is in the hands of a 3rd party fiduciary as the daughters don’t get along.

Death and Taxes. Inherited property, like these gold coins, get a special tax benefit. When the property is sold by the trust or transferred to the beneficiary, there is no tax. And property is treated, for tax purposes, as though the beneficiary owner paid fair market value for it on the date of Dad’s death.

Dad Sells His Coins: Dad paid $5 for each gold coin. While alive, Dad sells a gold coin for $10. Now Dad has $5 of profit. Therefore, Dad must pay tax on the profit. Also known as capital gains.

Daughters’ Doubloons. When the trust sells the coins, the trust also has no profit, no capital gain. No tax. Because the trust is treated as if it had paid full fair market value for the coins. The coins were then sold for fair market value. There is no profit. There is no tax. And the tax-free money goes to the daughter who did not want the coins.

Your wife, the other daughter, wants to keep the coins. That’s just fine. No problem and no tax problem. While valuing coins is difficult, it must be done. Write down the value. Get a written appraisal. At some point, your wife will decide that rather than the gold, she would rather have green, folding money.

When she sells, she is treated as if she paid fair market value, back when the last parent died. Even if the value has continued to increase, your wife still pays much less tax.

Dad paid $5 for each coin. Dad dies.

At his death, the coins are worth $10. Daughter (your wife) sells a coin. For $20.

Daughter’s profit is not $15. Daughter is treated as if she had paid $10 for each coin (the value on Dad’s date of death).

Yes, it is complicated. But did you think the government would make it easy for you to keep any part of your stuff? Of course not…

And It Was Always Said Of Him, That He Knew How To Keep Christmas Well, If Any Man Alive Possessed The Knowledge. May That Be Truly Said Of Us, And All Of Us!
And So, As Tiny Tim Observed, God Bless Us, Every One!

Bah,” Said Scrooge, “Humbug.” Why Don’t You Deserve A Little Payback For All The Taxes You Paid In?

Why Do You Want To Spend Your Last Nickel On Long-Term Care?

Why Shouldn’t The Government Spend Your Money For You?

Traditional estate planning is concerned with avoiding probate, saving taxes, and dumping your leftover stuff on your beneficiaries. After you die. Nobody cares what happens to you while you are alive. How does that help anyone? Stupid.

Traditional estate planning fails because the overwhelming majority of us will need long-term skilled care. 70% of us. For an average of 3 years. And we will go broke paying for it.

Is it surprising that thousands of recreation properties: cottages, cabins, hunting land, are lost to pay for long-term care? Why is your estate planner hurting you and your family? It is evil intent? Or stupidity?

LifePlanning™ defeats Nursing Home Poverty. Keep your stuff. Get the care you have already paid for. Good for you. Good for your family. Good example for society.

When my mother suffered from the dementia which led to her death, over 10 years ago, their estate plan preserved their lifesavings. Mom’s months in the nursing home did not mean Dad’s impoverishment. Dad spent the last years with security and peace of mind.

Is Now A Bad Time For A Real Solution?

Perhaps you think you already have an answer to this problem. Maybe you do not see this as a problem at all. It is possible that you do not believe in the passage of time or its effects on you.

Peace of mind and financial security are waiting for everyone who practices LifePlanning™. You know that peace only begins with financial security. Are legal documents the most important? Is avoiding probate the best you can do for yourself or your loved ones? Is family about inheritance? Or are these things only significant to support the foundation of your family?

Do you think finding the best care is easy? Do you want to get lost in the overwhelming flood of claims and promises? Or would you like straight answers?

Well, here you are. Now you know. No excuses. Get the information, insight, inspiration. It is your turn. Ignore the message? Invite poverty? Or get the freely offered information. To make wise decisions. For you. For your loved ones.

The LifePlan™ Workshop has been the first step on the path to security and peace for thousands of families. Why not your family?

NO POVERTY. NO CHARITY. NO WASTE.
It is not chance. It is choice. Your choice.

Get Information Now. (800) 317-2812

The post God Bless Us, Every One! appeared first on Carrier Law.

Read the Print Version

Like Seriously, This Really Happened, Not Making It Up!
(Not Edited For Spelling Or Punctuation Or Anything Else) (Warning: Not Legal Advice!)

SEVERAL YEARS AT BERNIE’S?

QUESTION: What is it called when one deprives another notification of their parent’s death so to deprive them of their share of benefit?
I just found out that both of my parents have died, but years ago. After hoodwinking and railroading them, my mega millionaire sibling had taken measures to cut me off from them, before they’d died. It has been horrendous for me. Even just to find out that my parents had passed was bad enough, but that the way and how they’d died never would have happened if I’d not been cut out of their lives as I had been, after taking great and particular care of them myself, beforehand.

Short Answer: “Horrendous”? More like “Preposterous”! Mom and Dad die years ago. But until evil sibling got involved, you provided “great and particular care” that would inevitably have prolonged their lives. For years. But you, the “great and particular” caregiver, never wondered why all those Christmas and birthday cards kept getting returned? Are there no telephones? Did they live on Gilligan’s Island? Did you? I have “smell test” issues with this one… A little too self-serving, methinks

Long Answer: On the other hand, it is not unusual to see relatives who isolate and sequester disabled loved ones away from other family members. Sometimes the child acts from the best of generous, honorable motives: offering a refuge of peace for the loved one, away from family feuding, squabbling, and raw emotional outbursts. Sometimes domineering impulses, seasoned with jealousy, and spiced with greed motivate the selfish child to restrict access.

Unless there is objective abuse, usually, working out the currents of control are left to the family. Courts and judges have no interest or expertise in resolving the emotional debris of decades, and in some cases, generations. Judging from the unceasing torrent of self-help books on the subject, it does not seem that anyone else has any “great or particular” success with these heartfelt matters either. We must all do the best we can. “It’s a fool who looks for logic in the chambers of the human heart.” Joel Cohen.

Longer Answer: But this question is not all about “hearts and flowers” is it? Oh no! Our correspondent is particularly concerned that the mega millionaire sibling acted “so to deprive them of their share of benefit”. And by benefit, our correspondent means money. Or property. Or other stuff. So, what about that?
When stuff is at stake, courts do get involved. It is what they do best!

UNDUE INFLUENCE!
“Undue Influence.” is the legal theory. Here is how it works. Four (4) scenarios. Mom has money. Mom also has 2 children, A and B.

Scenario #1 No Undue Influence
1. Mom likes Child A better. And always has.
2. For years, without change, Mom’s will or trust leaves all her stuff to Child A.
3. Mom lives and acts independently.
4. Mom up and dies.
5. Child A gets everything. Child B is sick as mud.
6. Child B can go pound sand.

Scenario #2 Challenger Must Prove There WAS Undue Influence
1. Mom likes Child A better. And always has.
2. Recently, Mom, changed her will or trust to leave all her stuff to Child A.
3. Mom lives and acts independently.
4. Mom up and dies.
5. Child A gets everything. Child B is sick as mud. Child B sues.
6. Child B must prove that Child A unduly influenced Mom. An almost impossible task.
7. Child B can go pound sand.

Scenario #3 Defender Must Prove There WAS NOT Undue Influence – Formal Fiduciary
1. Mom likes Child A better. And always has.
2. Mom appoints Child A as her Trustee and Agent. In writing.
3. Mom changes her will or trust to leave all her stuff to Child A.
4. Mom up and dies.
5. Child A gets everything. Child B is sick as mud. Child B sues.
6. Now it is Child A who must prove that Child A DID NOT unduly influence Mom. An almost impossible task.
7. Child B gets a half-share. Child A can go pound sand.

Scenario #4 Defender Must Prove There WAS NOT Undue Influence – Informal Fiduciary
1. Mom likes Child A better. And always has.
2. Mom moves in with Child A. Child A helps with all Mom’s decisions. Child A prevents others from visiting Mom. Mom is totally dependent on Child A.
3. Child A is not Mom’s Trustee and Agent.
4. Mom changes her will or trust to leave all her stuff to Child A.
5. Mom up and dies.
6. Child A gets everything. Child B is sick as mud. Child B sues.
7. Now it is Child A who must prove that Child A DID NOT unduly influence Mom. An almost impossible task.
8. Child B gets a half-share. Child A can go pound sand.

Key Take-aways With Undue Influence: If you must prove it, you lose it. Also, if the beloved parent has appointed you formally, in writing, as their trusted agent/advisor/trustee, then you must prove you did nothing to “unduly influence” the beloved parent. The same rule applies, even if there is nothing in writing, if the beloved parent is dependent on you.

So, if you are caring for mom, dad, auntie, grampa, and providing for all their needs, or they “honored” you with the responsibility of trustee or agent, you MUST establish, by affidavit, deposition, or otherwise, that the beloved relative was acting independently. If you do not, you will lose.

KID’S NAME ON DEED IS NO-GOOD, AWFUL, VERY BAD

QUESTION: WHAT IS THE BEST WAY TO PUT AN ADULT CHILDS NAME ON CONDO OWNERSHIP WITH ELERLY PARENT.
Mom is elderly.. She is of sound mind and has mentioned to me that she would like to get my name on her condo.. what does that entail?
Is that what joint tenancy is? What will alleviate issues upon death – in other words avoid probate…. My guess is she needs to hire an attorney. What paperwork should I have her gather together.

Short Answer: “Best Way”? How about “No Way”!

Long Answer: Folks like to put their kids’ names on deeds, stock certificates, bank accounts, investments, and anything else they can think of. There is simply no good reason to put your kid’s name on this stuff. If you only want to avoid probate (dumb!), use a revocable living trust. If you want to avoid probate and nursing home poverty, and have time, use a LifePlanning™ Trust. If you don’t have time, use a trust plus a transfer-on-death deed (in Michigan and a few other states).

The Thing: Here’s the thing, most “estate planning” attorneys cheerfully admit that they have no clue as to what is going on with long-term care. Most so-called “elder law” attorneys should admit the same thing. It is tough to discern good advice when it comes to planning for long-term care. That means you have a tough job, but it is doable.

Ask the following questions:
1. How many Medicaid divestment trusts have you drafted for clients?
2. What happens after I sign the documents?
a. Do you have a mandatory process to get my stuff into the trusts?
b. Do I get my original trust documents?
c. How do you verify that my stuff has been retitled to my trusts?
3. How many Medicaid programs are available for long-term care?
4. Can I get help with skilled care at home? How much will that cost?
5. How many Medicaid applications have you personally prepared and filed for clients?
6. What is the PACE program?
7. What is Medicaid waiver?
8. What is the Initial Asset Assessment? When does it happen?

There are lots more questions to ask, but by this time, most attorneys will be shaming you for wanting to preserve your lifesavings. They think it is ridiculous that you should get some pay back on the tax dollars you paid in. They think you should go broke. They think your spouse or family should be happy with crumbs. Do you think they are on your side? Let’s not be too harsh… maybe they just don’t know any better. It’s more than possible, it’s likely.

NO GOOD DEED GOES UNPUNISHED

My older friend wanted me to come stay with him to due to personal and cancer reasons. he asked my ladyfriend to become his caretaker and he would cover her living expenses. She ended up paying for everything food etc….. he even spent checks he was suposed to give her…. He passed away almost a year and a half of her caring for him like an angel being maid nurse cook, but she wants to know how long she has to pack up.

Short Answer: As long as you can drag out the eviction process.

Long Answer: You and your lady friend the angel have nothing in writing from your deceased “older friend”. Probate law will not allow you to make any claim for payment or even reimbursement for the “food ect”. Plus your friend embezzled the checks the angel was supposed to receive!! That all stinks. But in this world of ours, the reward for generosity is often resentment and selfishness. Look around. You know I’m right.

Longer Answer: They cannot make you leave the house without going through the formal eviction process. In some places, COVID rules may still prohibit evictions. It’s worth finding out. Legally, you are a holdover tenant or tenant at sufferance. The new owners of the house cannot simply put you on the street. They must give you 30 days’ notice, Termination of Tenancy. You can leave at that point or make them go to court for an Order of Eviction, after a Summary Proceeding.

Why not make them go through the whole darn process? Unless they agree to reimburse you for the grocery money. And a few bucks on top?

Moral of the Story: You are not a bad person for wanting to get a written agreement to pay you money in exchange for services. You are a smart person, with a good heart, who does not want to be played for a chump. So get it in writing!

Medicaid Observation: The payments you get under the agreement will not be acceptable to Medicaid and will be treated as gifts with penalties to the “older friend.” So what? If the friend needs you to give the money back, do so (if you are able). Then do a promissory note with interest so that eventually you will get every nickel to which you are entitled. And not a penny more.

Lawyer Sales Pitch: Don’t try to do this yourself. You have to pay for the privilege of working diligently for 18 months and when it is all said and done, you will get evicted. Is it possible that all this could have been avoided? Maybe with a little legal counsel? Maybe?

I’m As Mad As Hell And I’m Not Going To Take This Anymore!
— Howard Beale, Network, 1976

How Did It All Go So Wrong, So Quickly?

We’re Not Gonna Take It, No, We Ain’t Gonna Take It, We’re Not Gonna Take It Anymore!
— Dee Snider, Twisted Sister, 1984

Traditional estate planning is concerned with avoiding probate, saving taxes, and dumping your leftover stuff on your beneficiaries. After you die. Nobody cares what happens to you while you are alive. How does that help anyone? Stupid.

Traditional estate planning fails because the overwhelming majority of us will need long-term skilled care. 70% of us. For an average of 3 years. And we will go broke paying for it.

Is it surprising that thousands of recreation properties: cottages, cabins, hunting land, are lost to pay for long- term care? Why is your estate planner hurting you and your family? It is evil intent? Or stupidity?

LifePlanning™ defeats Nursing Home Poverty. Keep your stuff. Get the care you have already paid for. Good for you. Good for your family. Good example for society,

When my mother suffered from the dementia which led to her death, over 10 years ago, their estate plan preserved their lifesavings. Mom’s months in the nursing home did not mean Dad’s impoverishment. Dad spent the last years with security and peace of mind.

Is Now A Bad Time For A Real Solution?

Perhaps you think you already have an answer to this problem. Maybe you do not see this as a problem at all. It is possible that you do not believe in the passage of time or its effects on you.

Peace of mind and financial security are waiting for everyone who practices LifePlanning™. You know that peace only begins with financial security. Are legal documents the most important? Is avoiding probate the best you can do for yourself or your loved ones? Is family about inheritance? Or are these things only significant to support the foundation of your family?

Do you think finding the best care is easy? Do you want to get lost in the overwhelming flood of claims and promises? Or would you like straight answers?

Well, here you are. Now you know. No excuses. Get the information, insight, inspiration. It is your turn. Ignore the message? Invite poverty? Or get the freely offered information. To make wise decisions. For you. For your loved ones.

The LifePlan™ Workshop has been the first step on the path to security and peace for thousands of families. Why not your family?

NO POVERTY. NO CHARITY. NO WASTE.
It is not chance. It is choice. Your choice.

Get Information Now. (800) 317-2812

The post Going Postal! appeared first on Carrier Law.

But It Avoids Probate! It’ll Be Fine! Nothing Bad Ever Happens!

Are we entitled to stocks from Uncle who removed Father as POD from Grandmothers account by mail when Grandma had dementia?

Grandma had severe dementia. Our Dad passed away and both him and my Uncle were POD beneficiary on her stock account.

Our Uncle requested a new account be opened removing our Dad as POD by mail. Grandma was not in her right mind and did not know what she signed. Uncle controlled all her finances. Paying her bill etc. He had undue influence over her. He wrote checks to his son in large amounts before she passed. He told us he would transfer our Fathers portion of stocks to us but then changed his mind and told broker not to do it. He now claims they are all his and we don’t get our Fathers portion. Grandma had a will that my Uncle now claims is missing so she died intestate. Bank statements tell the story of money he has taken before and after her passing. Grandma always told us and said it in her will everything was to be split between everyone. A neutral administrator is going to be appointed but the stock account has not been included in probate. How do we get our fathers portion of stocks. There is only my sister, Uncle and myself remaining.

There are two things going on here. First, Truth and Consequences of Grandma taking the easy way out by naming beneficiaries on stuff. Second, nefarious Uncle embezzling and undue influencing Grandma.

Truth And Consequences Of Taking The Easy Way Out

Avoid probate is great! Ask anybody. Beneficiary designations are great! Ask anybody. But are “Pay On Death” or “Transfer On Death” orders really the best? What if things go sideways? What if the world does not unfold the way you think it should?

Financial Advisors, Attorneys, Your Uncle Charlie and common sense all say that your kids will outlive you, so why not name them on your Individual Retirement Account, Life Insurance, Bank Accounts, Stock Accounts, and (God forbid!) your real estate (through the “lady bird deed”). This idea of “naming people” is easy, cheap, seductive, and actually works some of the time. But what if the Magic 8 Ball says: “Don’t Count On It” or “Outlook Not So Good”? Then what? Our letter writer is discovering what happens when Grandma assumes too much.

Uncle gets “Dad’s share” of Grandma’s stock account. But there’s nothing wrong with that! Grandma named her sons as “transfer on death” (TOD) beneficiaries. But Dad had to survive Grandma to be a TOD beneficiary. Uncle started out to be generous and kind and sharing. But he had a change of heart (not unusual when money is concerned) and decided to keep it all. As was his legal right. Could Grandma have taken other action (Hint: like a trust) to make sure that the surviving children of her deceased son (that’s our letter writer) did not miss out on the stocks? Yes. But she did not.

Bottom Line #1: When Dad died before Grandma, his entitlement (and his kids) to Grandma’s stock account lapsed. Kaput. Done. Over. Gone With The Wind.

Bottom Line #2: What if I misunderstood the letter and Dad died AFTER Grandma? If he survived by 72 hours, his estate would be entitled to the TOD share. And then Dad’s descendants would take through Dad’s estate. And the Broker could not simply give the money to Uncle, but would have to pay half to Dad’s estate.

Uncle Judas Betrays Niece And Nephew

There is a special place (an especially terrible place) in Hell reserved for those who betray their family members. It’s right next door to the Great Satan and populated with creative imps and demons whose sole delight is torture.

There are special laws, on this side of the Great Divide, to deal with those who financially exploit their family members. Especially terrible consequences for those who take advantage of vulnerable parents and older folks. Did Uncle exercise undue influence? Were the withdrawals legitimately authorized by Grandma or greedily embezzled by Uncle?

Bottom Line: Grandma depended on Uncle. Uncle controlled all finances. Uncle gave Grandma’s money to his own immediate family members. Uncle is accused of wrongdoing, undue influence, financial abuse of the elderly, embezzlement.

On the criminal side, Uncle is entitled to the presumption of innocence. It must be proved beyond a reasonable doubt that Uncle is guilty.

But on the civil side, it is different. When it comes to undue influence, fiduciary Uncle is presumed guilty (liable). Uncle must prove that there was no undue influence. Good luck with that!

Take Away Lesson: Lead Us Not Into Temptation

Half-planning measures like TOD beneficiary designations and failure to comprehensively plan open the door to exploitation. Not everyone resists temptation. If Uncle is guilty, he deserves the consequences, no excuses. But prudent planning would both limit evil Uncle’s ability to commit dastardly deeds and prevent weak Uncle from giving in to his all-too-common greedy impulses.

The post Democracy Dies In Typos… So We Just Ignore ‘Em appeared first on Carrier Law.

Read the Print Version

Just The Facts Ma’am. All Good Stuff Without Bad Fluff

Is The World Changing? What Can You Do To Succeed?

You yourself are getting older. You expect to live longer. And healthier. Than any generation ever. In the history of the world. And you are correct. Has there ever been a generation quite like this one? Higher expectations. Greater achievement. Self-confidence. Ambition. Generosity.

Thanks to you, America is getting older. We grew up in an era of large families. Today a large family is three. Many of your kids have no kids. Maybe one or two. How often do you see a family of five? Youngsters are a shrinking slice of the population pie.

As folks get older, they have greater needs. No surprise. Physical and mental capabilities decline. It happens. But not at age 60 or 70, anymore. However, when we get to our mid-80’s, about half of us are going to need a hand. Who will be there to lend the hand?

Nurses are sick. And tired. Sick and tired of nursing. Hundreds of thousands have left the profession. Despite high pay. And bonuses. Other caregivers are under stress too. Good help is hard to find. My father had 8 kids (and a long-suffering son-in-law). Willing and able to spend 2-to-4 week turns with our active, ornery, mentally alert, Dad. For the last two years of his 96 years on this planet. How many of us have that many kids? How many are able? How many are willing? Who will fill the gap? How will those caregivers be paid?

Prices are going up. Way up. Way way up. No one should be fooled by the three-card monte scam being run out of Washington, D.C. Inflation is not just gasoline. Inflation is not just “transitory.” Or the Russians’ fault. Or the “supply chain.” Inflation destroys savings. Your savings. You thought you had enough to pay the caregivers. Maybe you should think again?

Is this tiresome and boring? After all, everybody knows these things. You know this is the truth. Go to the gas station or grocery store. Talk to your friends and neighbors, at church or the club. Why deny the evidence of your own eyes? And wallet?

Pathetic politicians and profiteering professionals pretend nothing has changed. Same old, same old. Their ideas failed when everything was easier. That’s all they’ve got. No new thinking. No response to the changing world.

Retreads. Like Russia hauling 60-year-old tanks out of cold storage to keep invading a country that is armed with modern weapons Anything to keep playing the old game. Blind stupidity: failed with our new stuff, so let’s fail again with our old stuff. Keep up the charade long enough to fleece another few suckers. Why does anyone fall for it?

Can’t we be brutally honest? Can’t we look around with clear eyes, good hearts, and a fierce determination to keep our independence, our right to choose our lives, and to make a better world for our families? Who says we must accept decline? Who says we must put up with this nonsense? Who says we must follow the well-trod path? Can’t we choose the “road less-taken”? You have forged your own way through this life with grace, compassion, and generosity, why stop now?

Just a few pebbles start a landslide. A little snowball launches an avalanche. Small changes in thinking about your future, acting and planning for your life to come, can change everything over time. Are you opposed to making the next 10, 20, 30 years the best they can be? Are you against securing your own future and that of your family? Do you believe that “Ignorance is Bliss”? Do you reject that “Knowledge is Power”?

No one would blame you for thinking this is all a lot of blather. But everything above is backed up by the facts. Laid out below. You don’t need clever talk. Just the facts. And here they are:

You Are Going To Be Around A Lot Longer Than You Think

Doesn’t everybody know Americans are living longer? Murder rates are up, but that’s mostly 20 to 30-year-olds killing other 20 to 30-year-olds. COVID, the Elder Plague, did kill more older folks. From 2020 to 2021, an extra million Americans died. Blip.

However, the overall trend to longer life continues. And that means you. You are living longer. Good for you. Right? Why shouldn’t you plan to live until 80? 85? 90? Or more? Get used to it, you are living longer. And so are your friends and neighbors.

If people are living longer, will they need more resources? If you are living longer, will you need to make your own savings last longer? Or will you happily accept poverty? Or a government handout?

There Will Be A Lot More Older Folks In America And Fewer Young Ones

Everybody knows, as life expectancies increase, there are more and more older Americans. Despite the Elder Plague of COVID, which overwhelmingly killed older folks. And given the lower birth rate, not only will there be more seniors, but seniors will be a greater proportion of the population.

It is unusual, but sometimes government information confirms common sense.

Isn’t it simple math: if older retired folks make up a larger and larger percentage, then younger, working people must be a smaller and smaller slice of the population pie?

You Are Not Getting Older, You Are Getting Better!
Up To A Point About Age 80, Then You Fall Off The Cliff…

Modern medical miracles are miraculous. But we all know that as we age, various things start to become troublesome. As lifetimes increase, there are more and more older Americans. Is it crazy to think that as there are more and more older Americans, there might be more and more disabled Americans? That’s what the numbers say.

Where Have All The Nurses Gone?

Is anyone surprised that as more Americans need more nursing assistance, we will look to America’s nurses? But where have all the nurses gone? Even now, historically high wages, signing bonuses, premium pay, special benefits, and a smorgasbord of other goodies cannot keep nurses nursing.

Hundreds of thousands have dropped out of the profession in the last few years. Only 41% of practicing nurses are committed to remaining in service. 27% saying it was “very unlikely” they would quit. 14% flatly stated that they were “not leaving.” The rest range from “definitely leaving” to “somewhat unlikely” to depart.

When you need a nurse, who will be there? When you need a caregiver, who will answer the call? And how much will you have to pay? Can you?

Source: McKinsey November 2021 Frontline Workforce Survey

Inflation – Bad And Getting Worse. Much Worse

Gone to the gas station or grocery store recently? Then you already have the bad news on inflation. Prices going up, up, up. It is not an illusion. Hard at work spending your tax dollars, the Bureau of Labor Statistics provides the following melancholy reminder that your consumer dollars are melting away like snowflakes on a hot griddle.

And that is bad. What is worse, is the next chart. Take a look!

What is worse than prices at the pump skyrocketing? Future prices streaking to the stratosphere, that’s what! Thanks to the geniuses in Washington, you are already paying lots more than last year for your stuff. About 8.5% more. What about next year?

The “Producer Price Index” shows what raw materials cost. How do you manufacture finished goods? You start with raw materials. Raw materials now cost 16.3% more than a year ago. Do you believe that inflation is going away? Do you believe that the geniuses have it all under control? Do you believe in the Easter Bunny, the Loch Ness Monster, and the Lost City of Atlantis?

If everything is more expensive, will the costs of long-term care be more expensive? Is it ridiculous to think that ignoring the devastation of inflation will ruin your retirement?

Secure Your Future, Avoid Nursing Home Poverty

Too much brutal honesty? Don’t want to see with clear eyes, good hearts, and a fierce determination to keep your independence? Choose your own life? Make this a better world for your family?

Must you accept decline? Must you put up with this nonsense? Why should you follow mindless path? Why not choose the “road less- taken”? Having forged your own way through this life with grace, compassion, and generosity, why would you stop now?

Why are you opposed to making the next 10, 20, 30 years the best they can be? Why are you against securing your own future and that of your family? Why do you believe that “Ignorance is Bliss”? Why reject that “Knowledge is Power”?

Why not come to a LifePlan™ Workshop? What do you have to lose? Besides everything?

Letters, We Get Letters!

Lady Byng Trophy* Withdrawn Marquess Of Queensbury Rules** Repealed And Anonymous Emails Too!

What, Me Throw Stones? Challenge Accepted!

We like to think we are genteel, well-mannered, calm, “with the milk of human kindness by the quart in every vein.” Shattering this self-delusion, a dear anonymous email correspondent recently suggested that your Reporter must live in a stainless-steel abode. After all, was not The Reporter throwing too many stones for his own good? Probably meant as a gentle warning. Food for thought!

On the other hand, as John Bunyan observed in 1650: “He that is down needs fear no fall, He that is low no pride…” With a lively appreciation of The Reporter’s own faults, foibles, and failings (multitudinous!) therefore, we soldier on. Without fear or favor!

*Annually, the Lady Byng Trophy is awarded to the National Hockey League player best exhibiting “sportsmanship and gentlemanly behavior.”

**In 1867, the M of Q Rules for boxing were intended to reduce death and maiming of English pugilists. Mike Tyson unavailable for comment.

Avoid Probate, Save Taxes, Get To Kids?
Traditional Planning Is Death Planning
And When You Die Broke, Drained By Long-Term Care, Probate Is Irrelevant

Traditional estate planning is supposed to avoid probate, save taxes, and dump your leftover stuff on your beneficiaries. After you die. Nobody cares what happens to you while you are alive. How does that help anyone? Stupid.

Traditional estate planning fails because the overwhelming majority of us will need long-term skilled care. 70% of us. For an average of 3 years. And we will go broke paying for it.

Is it surprising that thousands of recreation properties: cottages, cabins, hunting land, are lost to pay for long-term care? Why is your estate planner hurting you and your family? It is evil intent? Or stupidity?

LifePlanning™ defeats Nursing Home Poverty. Keep your stuff. Get the care you have already paid for. Good for you. Good for your family. Good example for society.

When my mother suffered from the dementia which led to her death, over 10 years ago, their estate plan preserved their lifesavings. Mom’s months in the nursing home did not mean Dad’s impoverishment. Dad spent the last years with security and peace of mind.

Is Now A Bad Time For A Real Solution?

Perhaps you think you already have an answer to this problem. Maybe you do not see this as a problem at all. It is possible that you do not believe in the passage of time or its effects on you.

Peace of mind and financial security are waiting for everyone who practices LifePlanning™. You know that peace only begins with financial security. Are legal documents the most important? Is avoiding probate the best you can do for yourself or your loved ones? Is family about inheritance? Or are these things only significant to support the foundation of your family?

Do you think finding the best care is easy? Do you want to get lost in the overwhelming flood of claims and promises? Or would you like straight answers?

Well, here you are. Now you know. No excuses. Get the information, insight, inspiration. It is your turn. Ignore the message? Invite poverty? Or get the freely offered information. To make wise decisions. For you. For your loved ones.

The LifePlan™ Workshop has been the first step on the path to security and peace for thousands of families. Why not your family?

NO POVERTY. NO CHARITY. NO WASTE.
It is not chance. It is choice. Your choice.

Get Information Now. (800) 317-2812

The post It Is Not That Hard To Figure Out That The American Middle Class Is Getting Shafted appeared first on Carrier Law.

Download the Print Version

We Also Scream To Avoid Planning

Don’t worry, be happy
Ain’t got no cash, ain’t got no style
Ain’t got no gal to make you smile
Don’t worry, be happy
‘Cause when you worry your face will frown
And that will bring everybody down
So don’t worry, be happy
“Don’t Worry, Be Happy”

—Bobby McFerrin

Did Your Parents Raise A Sluggish Sloth Or A Competent Character?

When you get home at night, do you leave the lights off? Does the thrill of bumping into things, falling down the stairs, and stepping on awkward items appeal to your adventurous spirit? Do you favor a life of anxiety? Do you look forward to high blood pressure, poor digestion, experiencing that creepy feeling of dread? Are you opposed to happiness and contentment? Do you embrace chaos and upset? Or do you seek Peace of Mind®?

Would you be surprised to learn that there are two paths to Peace of Mind™? The first path involves effort, work, dedication, stick-to-it-iveness, dauntless spirit, reasonable focus on accomplishment. Path #1 is where you find volunteer firemen, blood donors, the folks you can count on.

More popular is Path #2. The second path requires ignoring your own obvious needs and the needs of those around you. Ignorance is Bliss! Stick your head in the sand. If you cannot see it, it cannot hurt you. Gee, I wonder if the crowds at those new marijuana dispensaries are on Path #1 or Path #2…

Unfortunately, you were brought up by folks who chose the first path. Work, love, dedication, achievement. All those uncomfortable things that get in the way of TV binge watching. Consuming YouTube cat videos. Absorbing bargains galore on the home shopping networks. Golly, your folks made it very difficult for you to live the sweet couch potato life.

How can you get beyond your inbred desire to deliver? Vanquish your drive to survive? Squash your sense of responsibility? Unraveling habits of a lifetime can be difficult, but, as they say, it’s not the size of the dog in the fight, but whether you can have your cake and eat it too!

Olympic athletes train for years to hone their skills to a razor edge of perfection. You have worked for years to reach your goals, raise your family, do a great job at work, and be a valued member of your church, community, team, euchre tournament. You are an Olympian of the American Dream. A Medal of middle-class Gold hangs from your neck. Your world celebrates!

But now the looming spectre of estate planning looms like a hideous hobgoblin. You feel an inner urge to get this done…see it through. Will power is not enough. Fanatical focus will fail. How can you run away from the dreadful demons of trusts, wills, and powers of attorney? Is resistance futile? Is an Estate Plan inevitable? How can you escape?

Super easy! Barely an inconvenience. With the following professional excuses, you can put off facing the facts almost indefinitely. You are welcome!

Warm Up To Provide Peak Performance

“Everyone Has The Will To Win But Very Few Have The Will To Prepare To Win.”

—Vince Lombardi

Olympians and professional football players getting ready for the “big game” share a secret. All elite athletes know that mental and physical preparation is key. Can you escape your future-planning responsibilities without focused training? Of course not!

Follow the protocol. Stand in front of a full-length mirror. Hands on hips. Throw your head back. Suck your gut in. Stick your chest out. Draw and deep breath, then…

Loudly And Firmly Proclaim These Statements Three (3) Times:

• Only Nerds Want To Retire Comfortably
• Financial Security Is Bad. And Impossible
• I Want To Die Broke, Splurging My Last Nickels
• On Long-Term Care
• I Look Forward To Nursing Home Poverty
• My Spouse Can Look Out For Herself. Or Himself.
• My Kids Don’t Need Money And Would Waste Any Inheritance Anyway

Excellent! And now for a cleansing breath… Your body tingles. Your mind expands. You have looked forward all week to this installment. The moment of truth has arrived. Excellent

Excuses. Decisive Defenses. And now, Effective Evasions to frustrate and deflect any attempt at making you look ahead.

LifePlanning™ Is Unnecessary And A Total Waste Of Time & Money Because:

Firetrucks have sirens because loud noises are great! Whoever is yelling must be winning…
So let’s get loud. As follows:
Number One: Raise your voice and strongly state: “LifePlanning™ is Stupid, Superfluous, and a…”
Number Two: Quickly follow with one of these Negative Nuggets:

#10 … Waste Of Time Because It Is Overkill!

All I want is a simple will! All these fancy schmancy papers would be great for Thurston Howell the 3rd or maybe multimillionaire Bruce Wayne. You have to understand, we are working folks who managed to save a little. Paid off the house. Contributed to the 401(k). And here you are dumping all this confusing paperwork on us. Sure, I like to go deer hunting, never miss it. But you’re trying to get me on an African safari shooting elephants! Fishing for bluegill, perch, bass, and the occasional muskie is the best. But you want me to chase down the great white whale Moby Dick. Sorry! It is all just too much. Simple is best. Mom and Dad had a will. Gramma and Grampa had a will. And that’s fine by me!

Totally agree! Simple is best. That’s why you simply put blocks of ice in the icebox to keep your perishables from perishing. Newfangled refrigerators, who needs ‘em? Simple is best. That’s why you have always refused to have flush toilets in your house… ever hear of an outhouse that backed up? Ever need a plunger in a privy? Of course not. Who needs all that confusion? Besides, it is good for the kids to pump the handle when they want water… and we even brought the handpump into the kitchen… in my day it was out in the yard.

Yes, simple is best. Mr. Ford made the Model T in every color anyone could desire: black. Who needs windows on the sides, anyway? Some poor deluded folks actually have windows that go up and down. And cars that blow warm air around in the winter. And cool air in the summertime. Gosh that is just too much! Simple is best. Next thing you know, you’ll want special belts or something to protect passengers in a crash. Or balloons that pop out of nowhere so you don’t go through the windshield. That stuff is not for you! Simple is best.

Folks next door got this talking picture box. Like the movies, but at home. Almost as big as the movies. Just awful how confusing it is. Simple is best. Our 1935 Zenith Stratosphere 1000Z radio receiving set burnt out its tubes a few years ago. But it still looks good and besides, I couldn’t find Little Orphan Annie on the dial anymore. Simple is best.

And do not get started on modern medicine! With their highfalutin’ cardiac bypasses, pacemakers, cataract eye operations and penicillin. Humph. Lydia E. Pinkham’s Vegetable Compound was good enough for Granny and it’s good enough for me. Simple is best.

So let your friends buy cars with wind-up windows, air conditioning, air bags, crumple zones and upholstery that survives little kids. You don’t need a garbage disposal. Or indoor plumbing. Or an electrical refrigerator that makes ice cubes. Cell phones, cable boxes, streaming TV services, big screen TVs, flat screen TVs, gas stoves, microwave ovens, running water. So complex! You are very simple.

Are you against airbags in your car if it means your spouse doesn’t fly through the windshield? Are you against LifePlanning™ if it means your spouse is not left in nursing home poverty? Does it matter if you are the one going through the windshield? Left in poverty?

Are you opposed to indoor plumbing and central heat? Are you opposed to doing what must be done to get benefits that you value?

Albert Einstein was a very smart fellow. And he did not like things that were too confusing or complicated. And this is what he said:

Everything should be made as simple as possible, but not simpler.

Simple is good. But is it still good if you lose your savings, house, cottage, independence?

#11 … Waste Of Time Because I Will Spend It All Anyway!

Do you know anyone who goes to the payday lender? Anyone who heads to the casino as soon as their Social Security money shows up? How many people do you know that, as soon as they pay off one installment contract, run right out and get into another one? Can you imagine buying groceries on a credit card? Can you imagine buying groceries on a credit card when you don’t pay off the balance each month? Can you imagine paying 26.5% interest on last night’s dinner?

Did you hate paying off the mortgage? Do you wonder how some people don’t seem to care how much money they owe? Some of your co-workers used to complain about how they always had more “month than money”. Did you ever think, “Hey knucklehead, maybe if you weren’t always buying the latest and greatest doo-dad, gee-gaw, or watchamacallit, you’d have more money than month.”? Did you ever think anything like that?

Since everyone always has saved enough money to pay for long-term care, there is no need for any government long-term care program. So Medicaid is bad and wrong. It is just like Social Security. Everyone always has saved enough money to pay for their retirement. There’s is no need for any government retirement income program.

But wait! Social Security is different! You paid in. With every paycheck, the government skimmed off 15+% FICA (employer and employee) to pay for Social Security. So getting some return on your Social Security taxes is OK!

Help me out here… Is Medicaid different? Did you ever get a paycheck where you didn’t pay federal and state income taxes on every nickel you earned? Does the government run Medicaid for free? Did you somehow skip out on paying for Medicaid? With every paycheck. And Social Security check too?

Why are you opposed to getting something back for all the dollars you paid in? It is OK to get Social Security because you paid taxes for it. But it is bad to get long-term care Medicaid because you paid taxes for it?

There are lots and lots of Medicaid programs – dozens of them. Most Medicaid programs provide for our fellow Americans who have very little. But there is a slice of Medicaid, middle-class Medicaid, that pays for long-term care. For all Americans. Even you.

For most Medicaid programs, you have to be broke. Middleclass Medicaid lets you keep your house, up to $700,000. And your stuff, no limit on value. And your “motorized vehicle”, also no limit.

So, Medicaid is bad and you hate it. You hate it so much that you will spend all your money. Then, sell the house and all your stuff, spend all that too. And then wind up on Medicaid anyway. Sounds like a plan to me! Good luck with that.

#12 … Waste Of Time Because Medicaid Won’t Work When I Need It!

Medicaid nursing homes, long-term care facilities, skilled nursing facilities, assisted living facilities, and anyone else who provides Medicaid care are just the worst! If a facility accepts Medicaid, the place smells bad, the staff is rude, the management is poor, and the care is awful. God forbid that you or a loved one is ever condemned to a Medicaid facility or is forced to receive Medicaid services. Great excuse!

Gee, I wonder what percentage of skilled nursing facilities accept Medicaid? 10%? 30% 50%?

Actually every skilled nursing facility accepts Medicaid. All of them. 100%. Do you have enough money to pay $10,000 – $15,000 per month for skilled care? For an average of 3 years. With a good chance of 5 years? Is it ridiculous to think that nursing homes would like to get paid when you go broke? Are you opposed to caregivers getting paid? Do nursing homes get everything for free?

Not so fast! Everybody knows that there are very few “Medicaid beds”. You know, the ones that they seal with plastic. So the bedbugs cannot escape. Just a few Medicaid beds.

Funny thing, though. About 70-80% of long-term, skilled nursing facility residents are paid for by Medicaid. How did that happen? Maybe because all beds are Medicare-certified. And all Medicare beds can be paid with Medicaid dollars.

#13 … Waste Of Time Because Every Other Attorney Must Be Doing This!

Medicaid is for poor people (meaning people without any money or stuff). And you have money and stuff, so Medicaid is not for you! Logical! Makes sense!

Question: How long will you have any money or stuff if you are paying $10-15,000 per month for long-term care?

Are you opposed to not going broke? Is it ridiculous to think that you (or your loved one) might get better care if your lifesavings had not melted away like a snowflake on a hot griddle? Are you against paying for the extra services you want?

You get a shower a week in a long-term care facility. How often do you shower now? Are you against paying some of your hard-earned savings to get a shower more frequently?

If your long-term care “insurance” (also known as Medicaid) paid for the $10-15,000 cost of basic services, and, if your lifesavings were intact, would you choose to spend some of those savings to make your days more pleasant? Do you want to be poor? Is poverty more noble? Is it honorable to spend down a lifetime of work in a matter of months? Does it make sense to believe that the government knows best? Is it foolish to plan for your future?

#14 … Waste Of Time Because If This Worked, Every Other Attorney Would Be Doing This!

Yesterday I was looking in the mirror. I felt depressed. I said to my bride of 15 years, “Honey, when I look in the mirror I see an old, fat, bald guy, and it depresses me. Honey,” I said, “I need your help.”

“Oh?” said the love of my life, “How may I be of service?” “Honey,” I replied, “I need a compliment. Looking at this fat, old, bald guy in the mirror here is bringing me down. I really feel the need for some compassion, a compliment would sure make me feel better!”

“Well,” said my soulmate, “Your eyesight is damn near perfect!”

Since I have been wearing glasses since the 8th grade, my wife’s compliment was exactly what the doctor ordered. I felt better immediately. So, when I ask you, “Is it ridiculous to think that you are not getting older, you are getting better?” Remember this little love tale of mine. And draw your own conclusions.

And the hits just keep on coming! More great excuses are on their way!

Here’s a sneak preview of the next fabulous five excuses to avoid planning:
#10 … Waste Of Time Because It Is Overkill!
#11 … Waste Of Time Because I Will Spend It All Anyway.!
#12 … Waste Of Time Because Medicaid Won’t Work When I Need It!
#13 … Waste Of Time Because Every Other Attorney Must Be Doing This!
#14 … Waste Of Time Because If This Worked, Every Other Attorney Would Be Doing This!

Is Now A Bad Time For A Real Solution?

Perhaps you already have all the answers. Maybe this is no problem at all. Possibly you do not believe in the passage of time.

Your habits and values have earned you peace of mind and financial security. LifePlanning™ is the easy part. You worked for the peace that only comes with financial security. What is most important, legal documents? Avoiding probate, is that the best you can do? Is family about inheritance? Or are the deeper things most significant?

Is any of this easy? Do you want to get lost in the overwhelming flood of claims and promises? Or would you like straight answers?

Well, here you are. Now you know. No excuses. Get the information, insight, inspiration. It is your turn. Ignore the message? Invite poverty? Or get the freely offered information. To make wise decisions. For you. For your loved ones.

The LifePlan™ Workshop has been the first step on the path to security and peace for thousands of families. Why not your family?

NO POVERTY. NO CHARITY. NO WASTE.
It is not chance. It is choice. Your choice.

Get Information Now.
(800) 317-2812

The post When You Absolutely Positively Have To Put It Off Until Some Other Time appeared first on Carrier Law.

Download the Print Version

You Scream, I Scream, We All Scream For Ice Cream!
We Also Scream To Avoid Planning

“We have forty million reasons for failure, but not a single excuse.”
—Rudyard Kipling

“It is better to offer no excuse than a bad one.”
—George Washington

Are You A Failure At Making Excuses?

Poor Rudyard Kipling. He is like you. Forty million reasons, but not a single excuse? Perhaps he lacked skill. Or talent. Not even a single excuse in a gigantic 40 million straw haystack of reasons? And you are in the same boat. Have you ever come up with an excuse that satisfied your spouse? Me neither.

George Washington, Founding Father, spoke with the voice of experience: “Better to offer no excuse than a bad one.” How could it be that George Washington, “First in war, first in peace, and first in the hearts of his countrymen.” failed so miserably at making excuses? And fail at excuses he did… How else could he learn that bad excuses are the worst? And when George failed to excuse failure, what did he do? Founder the United States. Revolutionary. Beat the British. Farmer. Inventor. Statesman. Stuff like that.

You have 40 million reasons to avoid LifePlanning™. But when your dearly beloved suggests planning ahead, your 40 million reasons to do something else strangely evaporate. Like mist in the morning sun. Dense fog one minute, clear day the next. What is this phenomenon? The answer is obvious!

It is not reasons that you lack, but excuses. And we are here to help. As a public service. No charge. Expert excuses, here for the reading. High quality, too. When it comes to shirking important responsibilities, ordinary, everyday dodges will not suffice. You need professional help.

Tip-Top Training And Practical Preparation In The Art Of Avoidance

Otter: No, I think we have to go all out. I think that this situation absolutely requires a really futile and stupid gesture be done on somebody’s part.
Bluto: And we’re just the guys to do it.
—Animal House, 1978

Four years at the University of Notre Dame, majoring in Philosophy and English. Juris Doctor from the Boston University School of Law.

Master of Laws, Taxation from Georgetown University Law Center. Judicial clerk. Five years in the Army Judge Advocate General’s Corps, mostly on the Army General Staff, at the Pentagon. Topped off by a couple years with BigLaw. Then 32 years of growth: from one guy answering the telephone all alone to a firm of 50 persnickity professionals. Need know-how? Get know-how. Now.

We don’t just solve problems, we observe how folks run away from problems, too! Flee from foul facts. Dismiss, diminish, deride loved ones’ concerns. Deny, discount, deflect their own painful predicaments. Years of daily experience with responsible, middle-class, hard-working men and women who would prefer to chew their arm off than submit to the terrible torture that is estate planning.

Who else has seen it all? Who else can help you escape? You are in good hands. You came to the right shop. It is not an easy job. And we’re just the guys to do it.

Loudly And Firmly Proclaim These Affirmations Three (3) Times:

• Only Nerds Want To Retire Comfortably Financial Security Is Bad. And Impossible
• I Want To Die Broke, Splurging My Last Nickels On Long-Term Care
• I Look Forward To Nursing Home Poverty My Spouse Can Look Out For Herself. Or Himself.
• My Kids Don’t Need Money And Would Waste Any Inheritance Anyway

Take a deep breath. Excellent! You have achieved the correct state of mind. Remember, last week we covered the first four Excellent Excuses. Let us get down to this week’s Decisive Defenses to avoid any attempt at making you look ahead.

LifePlanning™ Is Unnecessary And A Total Waste Of Time & Money Because

Don’t loudmouths always impress you? So always lead off with an audacious affirmation!

Number One: Raise your voice and daringly declare: “LifePlanning™ is Stupid, Superfluous, and a…”

Number Two: Quickly follow with one of these Negative Nuggets:

#5 … Waste Of Time Because I Only Have A House And An IRA!

Are you opposed to draining your Individual Retirement Account (or 401(k) or 403(b) or Thrift Savings Plan or other retirement account) for long-term care? Of course not! Money in a retirement plan account is just a number, it does not reflect years of working and saving, right? Besides, what would you do with that money anyway? Might as well shoot it out the door at $10,000 to $15,000 per month. And you might get lucky. Maybe you only need assisted living services that cost $5,000 to $10,000 per month. Happy Days! And home care services are only $25 per hour and up. Foolish to worry about preserving that retirement money for your spouse when the government knows so much better than you do about how to spend it.

And everybody says that the homestead is “PROTECTED” so nothing to worry about there! Of course, even without planning, the house will go through probate to your family. And when everybody was explaining how the house was “PROTECTED”, everybody also told you that if you need help (Medicaid) with long-term care, the state wants its money back. And when you go through probate, because you are too smart to waste money on planning, the state will collect its payback. From your house. Which maybe isn’t so “protected”, after all…

Of course your kids would never sell your house while you need care, right? That’s why you do not even have to think about having cash instead of a house anymore. Cash that must be “spent down.” That is not a problem because you can keep $2,000 of it. More Happy Days!

So don’t worry! There is no way you would be one of the 70% of folks who the federal government says will need skilled nursing long- term care services for an average of 3 years or one of the 20% who will need services for 5 years or more. And neither would your spouse. So you should not be concerned about $360,000 to $900,000 of skilled care costs. Never happen.

#6 … Waste Of Time Because I Hate Medicaid

Since everyone always has saved enough money to pay for long-term care, there is no need for any government long-term care program. So Medicaid is bad and wrong. It is just like Social Security.

Everyone always has saved enough money to pay for their retirement. There’s is no need for any government retirement income program.

But wait! Social Security is different! You paid in. With every paycheck, the government skimmed off 15.3% FICA (employer and employee) to pay for Social Security. So getting some return on your payroll taxes is OK!

Help me out here… Is Medicaid different? Did you ever get a paycheck where you didn’t pay federal and state income taxes on every nickel you earned? Does the government run Medicaid for free? Did you somehow skip out on paying for Medicaid? With every paycheck. And Social Security check too?

Why are you opposed to getting something back for all the dollars you paid in? It is OK to get Social Security because you paid taxes for it. But it is bad to get long-term care Medicaid because you paid taxes for it?

There are lots and lots of Medicaid programs – dozens of them. Most Medicaid programs provide for our fellow Americans who have very little.

But there is a slice of Medicaid, middle-class Medicaid, that pays for long-term care. For all Americans. Even you.

For most Medicaid programs, you have to be broke. Middle-class Medicaid lets you keep your house, up to $700,000. And your stuff, no limit on value. And your “motorized vehicle”, also no limit.

So, Medicaid is bad and you hate it. You hate it so much that you will spend all your money. Then, sell the house and all your stuff, spend all that too. And then wind up on Medicaid anyway. Sounds like a plan to me! Good luck with that.

#7 … Waste Of Time Because Medicaid Nursing Homes Are Lousy Nursing Homes!

Medicaid nursing homes, long term care facilities, skilled nursing facilities, assisted living facilities, and anyone else who provides Medicaid care are just the worst! If a facility accepts Medicaid, the place smells bad, the staff is rude, the management is poor, and the care is awful. God forbid that you or a loved one is ever condemned to a Medicaid facility or is forced to receive Medicaid services. Great excuse!

Gee, I wonder what percentage of skilled nursing facilities accept Medicaid? 10%? 30%? 50%?

Actually every skilled nursing facility accepts Medicaid. All of them. 100%. Do you have enough money to pay $10,000 – $15,000 per month for skilled care? For an average of 3 years. With a good chance of 5 years? Is it ridiculous to think that nursing homes would like to get paid when you go broke? Are you opposed to caregivers getting paid? Do nursing homes get everything for free?

Not so fast! Everybody knows that there are very few “Medicaid beds”. You know, the ones that they seal with plastic. So the bedbugs cannot escape. Just a few Medicaid beds.

Funny thing, though. About 70-80% of long-term, skilled nursing facility residents are paid for by Medicaid. How did that happen? Maybe because all beds are Medicare-certified. And all Medicare beds can be paid with Medicaid dollars.

#8 … Waste Of Time Because Medicaid Is For Poor People!

Medicaid is for poor people (meaning people without any money or stuff). And you have money and stuff, so Medicaid is not for you! Logical!

Makes sense!

Question: How long will you have any money or stuff if you are paying $10-15,000 per month for long-term care?

Are you opposed to not going broke? Is it ridiculous to think that you (or your loved one) might get better care if your life savings had not melted away like a snowflake on a hot griddle? Are you against paying for the extra services you want?

You get a shower a week in a long-term care facility. How often do you shower now? Are you against paying some of your hard-earned savings to get a shower more frequently?

If your long-term care “insurance” (also known as Medicaid) paid for the $10-15,000 cost of basic services, and, if your lifesavings were intact, would you choose to spend some of those savings to make your days more pleasant? Do you want to be poor? Is poverty more noble? Is it honorable to spend down a lifetime of work in a matter of months? Does it make sense to believe that the government knows best? Is it foolish to plan for your future?

#9 … Waste Of Time Because I Am Not Getting Older, I Am Getting Better!

Yesterday I was looking in the mirror. I felt depressed. I said to my bride of 15 years, “Honey, when I look in the mirror I see an old, fat, bald guy, and it depresses me. “Honey,” I said, “I need your help.”

“Well,” said my soulmate, “Your eyesight is damn near perfect!”

Since I have been wearing glasses since the 8th grade, my wife’s compliment was exactly what the doctor ordered. I felt better immediately. So, when I ask you, “Is it ridiculous to think that you are not getting older, you are getting better?” Remember this little love tale of mine. And draw your own conclusions.

And the hits just keep on coming! More great excuses are on their way!

Here’s A Sneak Preview Of The Next Fabulous Five Excuses To Avoid Planning:

#10 … Waste Of Time Because It Is Overkill!
#11 … Waste Of Time Because I Will Spend It All Anyway!
#12 … Waste Of Time Because Medicaid Won’t Work When I Need It!
#13 … Waste Of Time Because Every Other Attorney Must Be Doing This!
#14 … Waste Of Time Because If This Worked, Every Other Attorney Would Be Doing This!

Is Now A Bad Time For A Real Solution?

Perhaps you already have all the answers. Maybe this is no problem at all. Possibly you do not believe in the passage of time.

Your habits and values have earned you peace of mind and financial security. LifePlanning™ is the easy part. You worked for the peace that only comes with financial security. What is most important, legal documents? Avoiding probate, is that the best you can do? Is family about inheritance? Or are the deeper things most significant?

Is any of this easy? Do you want to get lost in the overwhelming flood of claims and promises? Or would you like straight answers?

Well, here you are. Now you know. No excuses. Get the information, insight, inspiration. It is your turn. Ignore the message? Invite poverty? Or get the freely offered information. To make wise decisions. For you. For your loved ones.

The LifePlan™ Workshop has been the first step on the path to security and peace for thousands of families. Why not your family?

NO POVERTY. NO CHARITY. NO WASTE.
It is not chance. It is choice. Your choice.

Get Information Now.
(800) 317-2812

The post Estate Planning Is Dumb, A Waste Of Time appeared first on Carrier Law.

Simple Questions… That Nobody Asks Until It Is Too Late.

Things Everybody Takes For Granted… But Shouldn’t

Would You Happily Put Your Kids In The Back Seat Of A Pinto?

Eyewitness: “the car exploded “like a large napalm bomb” when it was hit”

Why does anyone plan their estate? Why did you spend all that time and money for a will or trust? If you are like most people, you plan ahead for peace of mind. Sure, the future is uncertain, but we are not helpless. Estate planning and elder law can ensure that our life’s work will serve us. And our families or loved ones. Too bad most planning does not work that way.

What does everybody know about the Ford Pinto? It was a good-looking car. Economical! Popular in the 70’s. Millions sold. But it had an unfortunate tendency to explode on impact, engulfing its passengers in a gasoline fireball. With disastrous consequences for all concerned. Yikes!

I love my 1956 Chevrolet BelAir. Less than 26000 miles on the odometer. All original, from the canvas “carpet” to the radio with tubes rather than transistors. But the dashboard is painted steel, no padding. Seatbelts? Not in 1956. The steering column is solid metal. That ends in a point. Disturbing tendency to turn the driver into a shish kebab in a head-on collision. Airbags not invented yet. Whoops!

I do like to drive my BelAir… it is not a museum piece. But I drive it carefully. Cautiously. Defensively. With my kid in the backseat.

Today’s cars are loaded with airbags, mirrors, collision avoidance systems, backup cameras, beepers, buzzers, bells and whistles. New cars have airbags all over the place. Some slam on the brakes automatically. The Caddy even tightens your seatbelt before a crash. Nothing to worry about. Whew!

Your Estate Plan Is An Edsel

Most estate planning is like the Edsel. Obsolete from the get-go. Answering the wrong questions. And doing it poorly.

The Wrong Goals: Avoid Probate. Save Taxes. Get It to the Kids. These things all happen after you die. But you are not dead yet. Shouldn’t we be a little concerned with what happens before you die? Maybe taking care of you is the best way to take care of them.

How do you feel, loading your kids into the backseat of a 1975 Pinto? Taking them to school. Driving around town. Going to see grandma. Safe? Secure? Or are your eyes locked on that tiny rearview mirror. Fearfully scanning for danger?

Why Is LifePlanning™ Never Obsolete?

LifePlanning™ is not a Pinto. Or a 50’s Edsel. LifePlanning™ is focused on you. On the real concerns that affect you and your family. Incapacity. Dementia.

These dangers are real. Ignore them if you like. At your peril. That is what the Pinto folks did. With explosive results. You can take an outdated, obsolete approach. With an estate plan that has not evolved since the 1950’s. Resulting in Nursing Home Poverty. No choice for you. No legacy for the kids.

LifePlanning™ maximizes the things that are most important to you. We all have to go sometime, but why rush it? Why not remain alert? Independent? Engaged? Aware? In charge? Why shouldn’t your choices matter? Refuse to let others decide “what to do” with you! Reject dependence.

LifePlanning™ gets you the benefits you have earned, while preserving life savings. Not for the kids, but to supplement those earned benefits. Eight thousand dollars a month ($8,000/ month) for assisted living. Fifteen thousand ($15,000/month) for skilled care. Who can afford it? Medicaid is the way America pays for long-term care. Medicaid wants you broke. Medicaid is the government solution.

LifePlanning™ says OK! You earned the government solution. But since when was the government solution adequate? Why did you work? Take overtime? Save and invest? You do not have to settle. You can make your lifesavings work for you while receiving the benefits you earned.

Is A “Pinto” Plan “Good Enough” For Your Spouse And Family? For You? Why Don’t You Deserve “Cadillac” Planning? Is The “Cadillac” Plan Too Good For Your Spouse? Your Family? Why?

Thousands of middle-class families have used LifePlanning™ to get the peace of mind that comes from loading your family into the safest, most comfortable vehicle possible. Without thorough planning you will spend yourself into Nursing Home Poverty. You get what they feel like giving.

Not what you have earned. Not what you want. Not what you deserve. With a whimper, not a bang. Quieter than a flaming fireball of dramatic death, but just as devastating. To you. To your family. Are you really opposed to getting a small return on all the tax dollars you paid in?

Without LifePlanning™ , you are driving a Pinto. Do not have good answers to the questions. No one has your back. Maybe things will work out. Maybe you will get home today. Maybe. Why not be sure? Do you think security is a bad thing?

LifePlanning™ preserves your lifesavings. You never go broke. Your earnings serve you throughout your lifetime. And that means…
You stay home. Longer. You get the help you need, that your spouse needs. Clear-eyed. Relevant. Participating in your own care.

The Choice Is Yours. Does Quality Of Life Matter To You?

We Wasted 2021. See It Through in ‘22!

Last year, the number of regular folks planning their futures dropped. Significantly. Fewer people focused on planning ahead, LifePlanning™. I fear 2021 was a year of wasted opportunity for regular families. Devastating.

Get the information you want. In- person workshops and one-on-one meetings. Recorded and live-streaming webinars. Like you, we have never stopped serving. As you seek out new ways to accomplish your life’s work, we are on the same journey. By your side. Making the rules work for the people who play by the rules.

Sixty minutes to personal control. Now and as long as you wish. Because you earned it. Avoid Nursing Home Poverty. Thousands of middle-class families have learned and use these techniques. Why not yours?

Got Questions? Get Answers!
Get Answers Now… The Call That Changes Your Life…
(800) 317-2812

Come To An In-Person Workshop…
Livestream On-Line And Get Answers
To Your Particular Questions Whatever It Takes To Serve!

The post Why Your Shiny Brand-New Estate Plan Is A Dangerous Clunker! appeared first on Carrier Law.

Read the Print Version

Are You Against Peace of Mind?
What Is A Will? Probate – Who Cares?
What Is A Trust? Why Do Trusts Routinely Fail?
Why Don’t They Ever Talk About The Real Problem?
Why Are They Misleading You?
Is Now A Bad Time?

American Middle-Class Values Are Universal
The Future Is Middle Class

Sometimes do you feel surrounded by gloomy complainers who think you should be as anxious and angry as they are? At Christmastime, they complain about everything: gift-giving is bad, Christmas dinner is sinfully extravagant, family time is traumatic. Sad. Proof positive that misery loves company.

Gloomy Gus and Miserable Mary take especial twisted delight in accusing you of all manner of wretched, greedy, evil behavior. Your joy in simple pleasures both infuriates and depresses them. They have “issues.” Every glass is half-empty. All emotions are tainted. Lurking beneath each good deed is a selfish and unworthy motive. The pinnacle of their dismal happiness is to accuse America of unique and awful sin. COVID responses have only deepened their malaise.

What rubbish! Just as your (vaccinated!) immune system rapidly isolates and destroys deadly viruses and bacteria, we need to inoculate ourselves against this deeply stupid and self-destructive whining. Childish and immature? Yes. Infantile and unserious? Definitely. That does not mean we can ignore this injurious infection. Sunshine is the best disinfectant!

Is everything bad and getting worse? Are you an awful person? It is easy to observe that throughout human history, humans have wanted the same things. Why do they ridicule the notion that we are all the same underneath?

You spent a lifetime working and saving. You paid your bills. You raised your kids. You showed up. Nose to the grindstone. Happy warrior. Fighting the good fight.

Lucky for you, you are an American. Being an American means that your efforts count. You can get stuff. And keep it. And enjoy it. Some people like snowmobiles. Other people like Precious Moments™ figurines. Bowling balls and pool cues. Snap-on Tools™. Surf boards. Quilts. Pottery. We like our stuff. It is good to get stuff. The more stuff, the better.

Abundance. Prosperity. Wealth.

How do I know that it is good to get stuff? Look around. Everybody, in every country, around the world, is trying to get stuff. Stuff like yours. Stuff we take for granted.

It starts with sanitation. Toilets. Clean water. Pretty soon folks want electricity. And a bank account. For their savings. Then cell phones. Then McDonald’s™ hamburgers. Then a place to call their own. Then a house. And a car. Health care too. People like to live. They like to live with their stuff. It’s not just you.
Everybody’s doing it.

How do I know? Glad you asked…

Extreme Poverty Almost Gone

The world is becoming middle-class. America just got there first. Not getting blown up in WWII probably helped. Working really hard and believing the America Dream also helped. And now, according to the Bill and Melinda Gates Foundation, in the 2020 Goalkeepers Report, the world is catching up.

Worried about Extreme Poverty? It is practically a thing of the past. Look at the graph. Go to the website. All good news!

Got Personal Hygiene?
Get Running Water and Toilets…

What about safe water? Again, check out the chart. More people than ever are living healthier lives. Who knew that things were so good? The truth is that other folks want the same things you do. And, like you, they are willing to work to get those good things. Is it ridiculous to think that other people want flush toilets, clean water, and a place to wash their hands? Did you think anyone was choosing to wash in sewage?

Who Needs Banks and Banking Services The Most? Poor Folks

And what about money? Once again, trust your own eyes. Even in the poorest countries. Even the poorest people in those countries. 30% of the poorest people in the world have bank accounts. A safe place to store the fruits of their labors. Giving them a way out of poverty. Promising them a brighter future.

The job is not done. Not by a long stretch. Be of good cheer. Progress is tough to derail. Not even the COVID pandemic or some of the hysterical reactions to it have significantly slowed the train. So. Let the nattering nabobs of negativism tell you how bad everything is… Then give them a reality check. Pow! Right in the kisser. Metaphorically. Rhetorically. Confidently.

The future is middle class.

Middle class folks want to make things better for the family members they leave behind. It is a new kind of problem for most people. Including most Americans.

You Got Stuff, You Die Who Gets Your Stuff?
The Last Will and Testament

Funny thing about stuff. It lasts longer than you do. What happens then? The answer to that question is the beginning of estate planning. For a very long time, only the pashas, potentates and princes had anything worth having. But that began to change. Slowly at first, but eventually lots of folks had stuff that was still around after they were gone and still useful.

Who gets it? That was a big problem. The answer was a new kind of court, the probate court. A special place where all this could be settled out.

Along with getting stuff for themselves, folks wanted to give the next generation a leg up. They wanted to say who would get the left-overs. And that’s where wills come in.

Your Last Will and Testament is simply instructions to the probate court. That is it. Your Will only works if it goes through probate. Lots of people will tell you, “I don’t have to worry about probate, I have a Will!” And now you know better.

How much does it cost to probate your leftover stuff? A frequently cited number, attributed to AARP, is 4-10% of the value of the estate. That seems about right to me.

Why so expensive? Because you left a big mess. While you are alive, your name is on your stuff. You are large and in charge. It is as if you were carrying items around in a store. In your arms. As long as you are steady on your feet… no problem. But if you slip and fall… Whoops! There goes all the stuff you were carrying. And now you have made a big mess. You were in complete control of your stuff. Now nobody is in control. Stuff goes flying. Good luck sorting it out. Nice easy job, cleaning up the mess.

But cleaning up the mess is exactly what the probate court does. The probate court is a janitor. Your will is simply a note found in the mess. Let’s hope the janitor finds the note. And reads it. And follows it. And is not distracted by everything else going on…

Probate is not a curse inflicted on innocent people by a vengeful deity. Probate is the necessary and unavoidable consequence of the rise of the middle class. Together with a failure to plan ahead.

You Got Stuff, You Die Who Gets Your Stuff? The Trust

Is it ridiculous to think that most people would rather not lose 4-10% of their leftover life savings? Are you opposed to keeping what you have earned? Maybe then avoiding probate would be a good idea. Are you against finding better ways to get the job done? I didn’t think so…

That’s where the trust comes in. Trusts hold your stuff, like a shopping cart at the store. You are in control.

Put things in. Take things out. Re-arrange. It is all up to you. The key is that when you “slip and fall”, your possessions are in the cart. Sure, you went flying. Call the EMTs! But your stuff remains in the shopping cart/ trust. No fuss. No muss. Nothing for the janitor to do. Your successor trustee steps up and divvies up the stuff to your deserving and grateful family members. What could be easier? Are you surprised that trusts are so popular?

The Huge Dirty Secret of Trust-Based Planning

Is it ridiculous to think that a highly profitable industry based on cleaning up messes might want to go on cleaning up those messes? Can continue collecting those fees? If you were collecting 4-10% of folks’ leftover lifesavings, would you be in a rush to cut off that gravy train? Is it bad to wonder why 90+% of trusts fail? Is it cynical and ill-natured to wonder whether the astonishing failure rate of trusts has anything to do with probate industry profits?

Why do trusts fail harder than the Wizard of Oz? The simple reason, which is well-known to your banker, insurance agent, financial advisor, attorney, and anyone else with the slightest familiarity, is that hardly anything gets into the shopping cart.

You paid for a bright and shiny new trust/shopping cart. And that is what you received. It is beautiful! Leather binder. Lots of pages. Wow! And it is empty. And you are still carrying all those items around in your arms. So when you slip and fall… oopsie! All your stuff STILL goes flying, STILL makes a huge mess, STILL requires probate.

How Do They Get Away With Such Piracy?!

How does the probate industry get away with it? Simple. In that fancy binder of yours, there is a memorandum/ letter/instruction booklet/ brochure. In that document, the responsibility of getting your stuff into your trust is placed squarely on your shoulders.

Did you know that? Would it be a waste of your time to, right now, dig into that fancy binder and find that memo? It is in there, I promise.

The memo is how the probate industry turns your kids’ righteous indignation at having to pay for probate into sheepish surrender. It was Mom and Dad’s fault! They did not follow the instructions! Aww gee! Heh heh… betcha ya didn’t see that coming!

What if there was a law firm that did the hard work of tracking down your assets with you and getting them into the trust. Would you be surprised if the process took longer? Would it be a shock that it cost more? Would you be against getting what you paid for?

Would you be surprised to learn that there is no free lunch?

American Middle-Class Values
Are The Wave Of The Future

Do you reject the idea that a rising tide lifts all boats? Is it too farfetched to think that today’s “rising tide” are the peaceful virtues of the middle-class lifestyle? Rapidly spreading across the globe. Raising hundreds of millions, billions of our sisters and brothers out of poverty. On to the path for a better life.

Our better future has its enemies. Craven, miserable, alive only with jealousy and envy. You extend the helping hand of friendship; they see only the claw of exploitation. You offer to help build, construct, improve, they seek only to tear down, demolish, devastate.

You are winning. Ever more desperate, they are losing.

Peace of mind and security are waiting for everyone who embraces productive work. While you are here. And after you are gone. Waiting for you. You have a choice. Despite what “everybody else” says.

Well, here you are. Now you know. No excuses. Get the information, insight, inspiration. It is your turn. Ignore the message? Invite poverty? Or get the freely offered information. To make wise decisions. For you. For your loved ones.

No Poverty. No Charity. No Waste. It is not chance. It is choice. Your choice.

Get Information Now. 800-317-2812

The post Back To Basics: See It Through In ‘22 appeared first on Carrier Law.

Job 19:23-24
An Answer To Job’s Prayer?

NOTE: A professional journalist, a mild-mannered reporter for a great metropolitan newspaper (who wisely insisted on anonymity) made the mistake of sitting down to interview David about his new book, “How To Keep The Gold In The Golden Years.” Several hours later, Clark said he had enough material to write his own book. Would you like to know what they discussed? Read on…

PROCEED AT YOUR OWN RISK: The following is a blatant attempt to get you to buy David’s new book. You have been warned. You will also be delighted if you actually buy the book.

CLICK HERE TO BUY THE BOOK!

Why Do America’s Middle-class Seniors Go Broke?

New book reveals how they wring out your lifesavings and hang you out to dry. Your Family’s Personal Attorney offers middle-class savers surprising insights so you can ‘keep the gold in the golden years’

No one has to tell you that Middle-class America is under siege. Prices are skyrocketing. Government enforces strict obedience from some (you), none from others (not you). That’s fair! Right? Everybody blaming everybody else. Toxic politics. That’s fair! Right? Trillions for the politicians! And who pays? Look in the mirror. That’s fair! Right?

David grew up when families were big, every kid had a paper route, and you stayed out until the streetlights came on. Boy Scouts, Girl Scouts, Kiwanis, YWCA. You worked because that is what good people did. And you saved. For the future. Education. You went to church, and you believed. “Do unto others…” “Let your ‘yes’ be yes, and your ‘no’ be no.” David might be a lot like you.

From paper route to restaurant jobs to autobody repair. Army scholarship to Notre Dame. Boston University Law School. Captain, Army JAG Corps. Jumping out of airplanes, working at the Pentagon. Georgetown University Law. Big law firm time. Solo practice. 40 years practicing law. Radio show host. Newspaper opinion writer. Never forgetting where he started, who he is.

Guided by respect and love for America’s overlooked Middle-Class families. Seeing and solving regular folks’ problems. Maybe other lawyers and professionals just don’t get it. Can’t see? or Don’t care? Does it make a difference? Forty years working for you. Fighting Nursing Home Poverty. You earned the American Dream. You do not have to surrender.

They told him, “You cannot combine authentic humor and serious scholarship.” David said, “Hold my beer!” Read the book. Find out for yourself. Thousands already know. David’s “Elder Law Reporter” appears in almost all weekly newspapers. For some, it is the only reason to keep their subscription. Others clip their favorites. Some have a complete collection! For almost 20 years, his two-hour call-in radio show has been a beacon of wit and wisdom. Humor and insight, a powerful combination.

Growing his law practice throughout Michigan, David is an attorney who has focused on securing the future for middle-class families. By preserving their hard-earned money, they can choose how to live. And they can give advice! Having heard “You ought to write a book!” thousands of times, David is now sharing the mindset that illustrates and explains how to win by bucking the herd mentality to retirement planning.

David L. Carrier and his team of 50 attorneys, paralegals, accountants, and specialists, deliver elder law and estate planning results from offices in Grand Rapids, Holland, Norton Shores and Portage. Combing the archives, compiling true stories and real solutions from years of newsletters, blogs, and newspaper columns. David lays bare the truth that the system works against average individuals who work hard and follow the rules.

“How to Keep the Gold in the Golden Years: Protect Your Family Against Nursing Home Poverty,” is a fast-paced, entertaining read that will change the way you think about retirement and long-term care forever. Through real-life scenarios and accurate accounts demonstrating the widening gap between the experience of people who should be aging with grace and comfort and hard reality of nursing home poverty on bare government assistance. You have already done the hard work, but is it hard to believe that bad advice leads to poor results? See how those who plan properly have ensured that their lifesavings and estates serve themselves and their families. Not big-spending, self-important politicians and government bureaucrats.

“Middle-class families spend all of their lives working hard, saving more than they spend, paying down the house, hanging on to the family heirlooms,” said Carrier during a recent phone interview. “And then they go broke from long-term care bills. The inheritance is gone from that, or because their estates weren’t handled the right way, the taxman gets it all. It’s not right. It’s a shame, but that’s the way the middle-class has been getting screwed for a long time.”

Is there anyone who doesn’t like a free sample? One chapter, which is available to read for free, details how two women, close friends from high school, with similar lives made different choices. Drastically, tragically, different results. Carrier lays out the scenario, writing:

“Both couples were doing fine. Their homes were paid off and worth about $175,000. With $200,000 in savings and $75,000 of life insurance, they felt secure. Not to mention having prepaid their funerals. Each couple had three kids and three grandchildren. They even like the in-laws!

“You have friends like these women. Middle-class people who enrich the world. Generous spirits. Authentic kindness. Get it done attitude. Nice homes, colorful gardens. Debt free. Comfortable cash cushion (not that the kids would know). Coupon clipping and natural thrift. No extravagant or expensive habits. Except spoiling their grandchildren. But what is going on with Fred and Barney? Why does Fred put the car keys in the refrigerator? Barney gets so confused with the simplest things. And it is getting worse.”

One woman, Wilma, accepts reality and assistance. The program of all-inclusive care for the elderly, which she has paid for through her taxes, eases the strain. In contrast, her closest friend, Betty, rejects the very idea of help as nonsensical promises. But when then their men are stricken with Alzheimer’s, reality comes knocking on the door. Wilma’s husband, Fred, receives care from outside aides and the family keeps what is theirs. Betty, meanwhile, bears the burden of care for Barney, wearing herself out. Building a rickety financial house of cards that eventually collapses. Dooming herself and her unfortunate husband.

“Betty ran the race. Betty fought the good fight. At the ultimate cost to herself, she did what she believed was necessary. Rapidly pouring out the savings and accomplishments of a lifetime. All gone in the blink of an eye. Is there anything more tragic than needless suffering? When a good person refuses the helping hand, it is more than sadness. When refusal leads to catastrophe, it is more than regret.

“Wilma too ran the race, fought the good fight. Wilma had been there for Fred to the ultimate end. Hospice at the house. Familiar PACE folks who supplied the hospital bed, Hoyer lift and other necessary equipment and services. Given fair warning, the kids made it in from out of town. It was sad, heartbreaking. But not tragic. Surrounded by family and friends. Secure. At peace. What did the lord have in store for her now? Wilma did not know. But she looked forward to finding out.

“Most people, reading this article, will choose Betty’s path. Most people, faced with long-term care costs, close their eyes. Reject reality. Hope for the best. As lifesavings evaporate like a snowflake on a hot griddle.”

After 40 years practicing law, is it ridiculous to think that Carrier might have discovered the path that preserves what you own and protects what you value? That is the difference between Wilma and Betty. Forty years of experience have gone into the LifePlan™ system. Constant development that incorporates many strategies and delivers on three key goals: Keeping savings intact, paying for the continuing care, and getting beneficiaries what they deserve. Impossible? Maybe. Maybe not.

Carrier’s single-minded focus has resulted in:
• 50,000+ families attending Carrier LifePlan™ workshops.
• 15,000+ families trusting their security and their future to the LifePlan™ approach.
• $800,000,000+ dollars protected from lawsuits and long-term care.
• 2,000+ loved ones receiving the skilled nursing benefits they earned without going broke or accepting mediocre levels of care.

Carrier says that following the herd seems like the safe bet, but that when the herd has been stampeding off the cliff, for decades… well, maybe it would not be such a bad idea to consider an alternative path.

If most folks are losing, does that make losing a good idea? “I’ve got the plan for your family, and it’s been battle-tested to defend your ability to live as you want, not as you’re told. Haven’t you earned that right? I think so!”

FREE WORKSHOPS: Learn more about David Carrier’s LifePlan™ strategy!

The LifePlan™ secures families’ futures and gives middle-class Michigan the winning game plan. Carrier offers free sixty-minute workshops that start to answer the most frequently asked questions, including:
• Should I believe that it is impossible to protect my health, home lifesavings, family and legacy?
• Why is an outdated will worse than no plan at all?
• Do I want strangers making financial and medical decisions for me? Do I want to shut out my family and friends?
• How can I control the care I get (and do not get) in a medical emergency?
• Should I sacrifice my kids’ inheritance to accident, illness, divorce, bankruptcy, or their own poor choices?
• Are you against (legitimately) avoiding heavy taxes under the new IRA “reform” and “stimulus rescue” boondoggles?

Planning is critical for peace of mind not only for yourself, but also your family, Carrier said. Once you are in control and secure. A clearly structured LifePlan™ saves families and relationships from exploding during emotional times.

Carrier says too many people spend their lives focused on dying. Is it a good idea to be preoccupied with what happens to your wealth when you’re dead and gone? David stresses that you should live for you and your spouse first. Is your vision, your fondest wish, to enjoy exciting life experiences, volunteer work, helping with the grandkids’ tuition, or just relaxing at your cozy country cottage or cabin? Have you given up on the idea that you can achieve your personal goals working with your family’s personal attorney and the LifePlan™ Team?

“You can get in complete control of your future instead of having no control at all,” he said.

Get Information Now. (800) 317-2812
How badly would it hurt you to buy the book?

https://booklaunch.davidcarrierlaw.com/

The post Just In Time For Christmas Gift-Giving… appeared first on Carrier Law.

Your Estate Plan Is Doomed | Why Your Trust Will Fail | What Everybody Knows And No One Will Tell You

Why People Do Estate Planning

Nobody likes estate planning. Estate planning is like castor oil when you were a kid. You had to take it. It was supposed to be good for you. Not sure how or why. But it was unpleasant.

Like insurance, but worse. With insurance, you must have coverage. Just in case. Same with estate planning. You do not want to, you are not sure why you have to, but you must.

If you are like most folks, you do the estate planning because:

1. You have stuff now. House, money, investments.
2. You know you will die. At some point.
3. You think you will have some leftover stuff when you die.
4. You like some people. Spouse. Kids. Friends. Charities.
5. You do not want the government to get your stuff.
6. You want the people you like to get your stuff. Because why not?

Has anyone told you that you are likely to die without stuff? Without leftovers. Has anyone told you that long-term care will drain you dry? If there are no leftovers, why bother? Now you know. Consider yourself told.

Death Is Not The Problem

Some folks believe we will all pass over the Great Divide to the Other Side. Glorious! Other folks hold that sooner or later the organic metabolism that makes up your consciousness will cease and that will be that. Food for worms and nothing more. There are many variations on this basic theme.

Death is not your main problem. Those who survive you will figure out what to do with your remains. And whatever is left of your stuff. This can be done well or poorly. Mostly poorly.

Great families make great plans. Truth to tell, it is not that hard to do it right. But you are not going to see it anyway. Not really your primary problem.

Life Is The Problem

In the Army, I often heard (and often repeated) that, “There are no problems, just opportunities to excel!” Your life is your opportunity. And middle-class folks like you tend to make the most of the gift. That is great. You are independent. You did the work. You get to make choices. Until you cannot.

If you are like most people, you think that tomorrow will be like today. Pretty much. You handled things today. You will handle things tomorrow. And the next day. And the next. But that is not accurate. For most of us, at some point, we will not be able to carry on as we have. That is the castor-oil reality. And most estate planning has nothing, zero, zip, zilch to help you deal with this new, inevitable situation.

LifePlanning™ Is The Solution

LifePlanning™ is focused on you here and now. How do you maintain your independence? How can you stay in control and in charge for as long as humanly possible? Your freedom is what planning should be all about.

The Secret Truth: LifePlanning™ Is Like Hearing Aids

Why do folks buy hearing aids? Did you know that the #1 reason has nothing to do with chirping birds or adjusting the TV volume? The real reason is something no one will admit. It is kind of embarrassing. That is how you know it is true. Folks buy hearing aids because if you cannot hear, your kids will believe that you cannot think. And that is the first step to the kids “helping” you to give up your freedom. The first step to “we can’t trust mom and dad with the kids.”

The real reason for LifePlanning™ is to keep your edge. You do not need lectures. You do not need to hear how nice it is to live at Shady Acres. You do not need another Shady Acres brochure. You want to keep your home. And live there. And you might need some help with that. LifePlanning™ is how to get the help to keep your independence.

Your Trust Will Fail

You went the extra mile. Spent the extra dollars. Got the big binder. Got a trust. Everything is all good now, right? Not so fast.

Everybody knows that trusts fail. Almost all the time. Your financial advisor, insurance agent, banker, accountant. They all know that you will not re-title your assets to the trust. Sure, you will get some stuff in there. Maybe. Most folks have very little in the trust. One survey says 96% of trusts do not avoid probate.

The Institute for Continuing Legal Education gives out certificates to attorneys who want to practice estate planning. Including trust planning. Lawyers who want to be certified must take a whole raft of courses to get that piece of paper. When asked recently about the problem of trusts that do not avoid probate, the instructor was clear. “That is what the pour over will is for. No problem.”

Think about this. The instructor is a highly qualified and experienced estate planning attorney. Partner in a huge, prestigious multi-state law firm. This person is teaching would-be estate planning attorneys that going through probate is no big deal. Did you think that the whole point of the trust was to avoid probate? Whoops. Besides, probate is not that bad… they say…

Your LifePlan™ Will Not Fail

LifePlanning™ means your funding coach works with you to get the job done. To help make sure that your assets are safely in the appropriate trust. It is not easy. It takes time. Two months on average. But there are no shortcuts. No easy way out. And everyone knows it.

LifePlanning™ Is The Solution

LifePlanning™ is the way you keep your stuff. And at the same time, qualify for the government benefits you have earned. Focused on you here and now. By acting early, rather than waiting until the last minute, you will qualify for benefits that may mean you never need residential long-term care. Let’s face it, who can afford the $9000-$12,000 to $15,000 per month costs of skilled nursing? Even a little at home care is ruinously expensive at $30 – $50 per hour.

LifePlanning™ gets you what you have earned. Assistance to stay at home. Health care that keeps you healthy, active, engaged with your grandkids. Free to be your best self.

LifePlanning™ Prevents Tragedy

Nothing is more tragic than one spouse dying while caring for the other. The other spouse now faces institutional care. Which their spouse sacrificed everything to avoid. And that is what happens 40-50% of the time. LifePlanning™ supports the caregiver as well as the disabled spouse. Getting necessary benefits. Staying home. Maximizing potential. Living life to the full.

I Don’t Want Government Help!

Middle-class folks are independent do-it-yourself types. Government hand-out? Perish the thought! Understandable. But.

Government demands taxes. You pay taxes. You never thought you would see any of that money again, right? No return on that investment. This is a return on that investment. Unusual times.

That is the LifePlan™ approach to estate planning and elder law. You paid in, why shouldn’t you be paid back? If you need it. When you need it? Learn more. You can do this.

Secure Your Independence Today… Get Started

COVID flaring up again. Isolation for holidays. Merry Christmas? What are we waiting for? Isn’t today is the best time to plan? Begin by calling the LifePlan™ Hotline: 800-317-2812.

Get Information You Need: Your Life, You Choose!

COVID has not gone away. New challenges arise daily. The risks to your freedom to choose, to your ability to keep what you have earned and built have not gone away. And neither have we. It is your stuff… protect it. And yourself. With complete control. LifePlanning™ means your choices matter, whatever life brings.

How can LifePlanning™ protect your middle-class life savings? How to get this information?

Are you like thousands of Michigan families who played by the rules and earned homes, cottages, farms, lifesavings? Would you like the rules to work for you, for a change? Why wait until it is too late?

GET ANSWERS NOW… CALL THE LIFEPLAN™ HOTLINE
(800) 317-2812

LifePlan™ Workshops are Available Now!

Live, Streaming and Recorded “What could it hurt?”

The post The Secret Hiding In Plain Sight appeared first on Carrier Law.