deed – Carrier Law https://davidcarrierlaw.itulwebdev.com Michigan Estate Planning & Elder Law Attorneys Mon, 23 Jan 2023 21:42:49 +0000 en-US hourly 1 https://wordpress.org/?v=6.1.1 https://davidcarrierlaw.itulwebdev.com/wp-content/uploads/2018/08/cropped-carrier-site-icon-082018-32x32.png deed – Carrier Law https://davidcarrierlaw.itulwebdev.com 32 32 Why Only Rich Kids At The Lake? https://davidcarrierlaw.itulwebdev.com/why-only-rich-kids-at-the-lake-2/ https://davidcarrierlaw.itulwebdev.com/why-only-rich-kids-at-the-lake-2/#respond Mon, 23 Jan 2023 21:33:41 +0000 https://davidcarrierlaw.itulwebdev.com/?p=112401 Whatever Happened To The Family Cottage/Cabin/Hunting Land?

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Because Selling Nana’s Cottage Seemed Like A Good Idea, At The Time… Idiots!
A Little Bit Of Smarts, A Future Of Golden Memories

Birds Do It, Bees Do It, Even Educated Fleas Do It
Let’s Do It! Let’s Go To The Lake!

Sincere Apologies to Cole Porter

In uncivilized countries, such as those in Europe and Asia, new workers start out with 6 weeks of mandatory vacation (which they confusingly call “holiday”). Not including public holidays (which they call “festivals” or something). What do these folks do with such excessive periods of sloth and inactivity? Who knows? Who cares?

In America, on the other hand, we have weekends. And summer! And a week or two of “vacation”. And being Americans, we do not wish to waste this time. If Americans were as sedentary and unambitious as our global neighbors, we could spend this time in sidewalk cafés, art museums and reading. Improving our minds. Getting culture. Ghastly stuff. “Deliver us O Lord, we pray…”

Unlike our fellow travelers on Spaceship Earth, all true Americans find home improvement projects irresistible. Paint the walls. Build a deck. Plant a garden. Cut the grass. Replace, polish, fix or improve whatever has not been recently replaced, polished, fixed or improved. Pitiful, benighted foreigners have foreign places with palaces, temples, pagodas, and castles. Blessed, muscular Americans have Lowe’s, Harbor Freight, and Home Depot. Seems like an easy choice.

Sooner or later, though, all true Americans feel the restless urge to get out of Dodge, at least on the weekends. In the summertime. Or hunting season. We ran out of things to improve around the house. The deer ate all the tomato plants. It’s too hot. We were bored. So we got another house. In God’s country!

In the American Tradition, the second home could be a house. Or single wide. Perhaps a shack with no indoor plumbing or insulation. On a 40 foot lot. At the lake, at the shore, in the woods, somewhere other than here. From Idlewild in Lake County to Beaver Island in Lake Michigan, American middle class workers by the thousands filled the developments which sprang up around every lake, pond, and ditch within driving distance. And because the lake wasn’t big enough, we dug canals, dammed creeks, and otherwise expanded our Water Wonderland. Magnificent! And not only lakes, but the woods filled with weekend escapes too! Glorious!

At grandmother’s cottage many of us learned to swim and fish. Caught tadpoles and watched them grow to frogs. Searched for salamanders under logs and rocks. Got mosquito bites and poison ivy. Fell in the mud Played in the sand. Went ice-fishing in the winter.

Campfires on the shore. Remember?

Whatever happened to that place? How much would it cost to buy something similar today? Why did we get rid of it? Too bad our kids and grandkids won’t have the experiences we did. Or the memories. At least they have iPads.

The Family Cottage LifeCycle

To everything there is a season,
A time for every purpose under heaven:
2 A time to be born, And a time to die; 6 A time to gain, And a time to lose;
A time to keep,
And a time to throw away;
Ecclesiastes 3:1-2,6

Is it a ridiculous idea that there is a lifecycle to family cottages and recreation properties? There is a routine evolution in the relationship between family and property. Is it a bad idea to recognize the lifecycle and work with it? Are you against preserving unique opportunities for your family?

The Family Cottage Lifecycle:
1. Young Child: Best. Place. Ever!
2. Teenager: So stupid. Boring. Smells funny.
3. Young Adult: My life is busy. I have no time for that place. If I inherit a share, I’m selling it… I need money for tuition/new car/down payment/taxes…
4. Parent of Young Child: Why did we ever sell the cottage? We can’t even afford to rent at the lake today.
5. Older and Wiser: If I ever get the opportunity, I won’t make that mistake again.

We all pass through seasons in our lives. As we gain experience, some important-seeming situations will fade to nothing. Other events will become more meaningful as time goes by. Wisdom and perspective cannot be taught, only learned. Growing up is the tuition that must be paid for insight.

Are long-term decisions best left to the youngest, least- experienced folks? Is it wrong for those with proven perception and prudence to plan for the long-term? Do you sacrifice long term gain for short term pleasure?

Estate Planning Done Wrong
Two Estate Planning Blunders That Guarantee Failure

Traditional estate planning, if it has any purpose at all, dumps your leftover stuff on your beneficiaries. After you die. Don’t much care what happens to you while you are alive.

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?

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

LifePlanning™ means you do not have to sell the cottage and “spend down” the proceeds. Now what to do with the recreational property?

Traditional estate planning offers two options:
1. Circular Firing Squad or Last Man Standing
2. The Corporate Model or Last One Out is a Rotten Egg

Circular Firing Squad is easy, cheap and disastrous. The Corporate Model is not easy, not cheap, and not as disastrous.

Circular Firing Squad

Putting all the kids “on the deed” is the circular firing squad. It is the easiest, cheapest, most popular, and worst possible way to leave recreation property to kids.

“Last Man Standing” is the most common Circular Firing Squad method. This involves naming all of the children or other beneficiaries as Joint Tenants with full Rights of Survivorship (JTWROS) on the deed. As joint tenants with rights of survivorship, the last living person owns the entire property. Did you plan to disinherit most of the family?

JTWROS deeds also deny Medicaid benefits to your kids and their spouses. Medicaid treats their share as if it was cash in the bank. But it is NOT cash in the bank, it is a fractional interest that is totally locked up in the property. And now your kids are disqualified from Medicaid. Whoops!

But that is not the worst. JTWROS deeds have no rules. Other than each person can fully use the property without the others’ permission.

Congratulations! Your child is the new president of the Pagan Assassins Mud Wrestling Team – Australian Rules. Your child invites the entire 32 member, mixed gender team to the cottage. On the 4th of July. Your child has never paid their share of the taxes, utilities or maintenance. When the Pagan Assassins leave, the place is a bloody shambles. And there is nothing the other kids can do about it. In fact, since you signed a standard, immediately effective, JTWROS deed, there is nothing YOU can do about it. Not even dead yet and already you have lost control of your property. Did you know that when you signed on for this quick and easy solution?

Ladybird to the Rescue? You may have used a ladybird or transfer on death deed to create this living hell. Good News! At least the suffering will not begin until after you have passed on to your reward. Then the JTWROS takes effect and we are off to the races.

You may also create a Circular Firing Squad using a “Tenants in Common” deed. The TIC deed gives individual shares to each child while you retain a share. Unlike JTWROS, each child owns a piece that they can give to the grandkids. Or sell to the Pagan Assassins. Just as with JTWROS, there are no rules.

Did I mention that each Circular Firing Squad method leaves the other kids open to liability claims from the unsanctioned “activities”? And it does no good for them to abandon the property, now they can be prosecuted for housing code violations. And please! Do not get me started on that methamphetamine lab in the basement. Or the fentanyl stockpile in the shed. Oh my!

If you are going to create a Circular Firing Squad, use the TIC method. If they all hate each other enough, they can go to probate court, sue one another, and force a sale. Thanks Mom! Thanks Dad! Great planning!

The Corporate Model: Last One Out Is A Rotten Egg

Do you really want to leave stuff to the kids without any rules? Is blunt force trauma the best way to make sure your grandkids will learn how to swim at the lake? Do you want to empower one of your kids to hold the others hostage?

There are many permutations of the Corporate Model. Most use a limited liability company to hold the real estate and give shares to the kids.

And there are rules. And governing provisions. And limited liability for the kids. Still have that pesky Medicaid problem with disqualification, but I guess you cannot have everything.

A general rule in a corporate structure is that minority members can sell their shares and get out. The usual Cottage LLC requires the other members to buy out the one who wants to sell. And if they do not… say hello to the Pagan Assassins.

Doesn’t seem like such a big deal. One kid wants to move to the Himalayas and commune with the mountain spirits. That kid is not planning to come back. Or perhaps another kid wants his money to buy a car. The cottage does not seem so important right now. The problem is not one of law. The buyout provisions are clear and enforceable.

The problem is that as soon as one kid wants out, so do the rest. The other kids don’t want to pay, frequently they are not able to pay. It was a blessing to have had the cottage so long, but now it must go. Over and over again, if one kid wants out, they all do. Last one out is a rotten egg!

The Corporate Model fails because it depends on the continued unanimous support of all the family members. The chain is only as strong as its weakest link.

What if there were no links? What if no individual could torpedo the entire family’s legacy?

The National Park Model: Recipe For Success

There is nothing so American as our national parks. The scenery and the wildlife are native. The fundamental idea behind the parks is native. It is, in brief, that the country belongs to the people, that it is in process of making for the enrichment of the lives of all of us. The parks stand as the outward symbol of the great human principle.

—Franklin D. Roosevelt

You will never go to Yosemite National Park. You have Yosemite-phobia. And a doctor’s note to prove it. Since you will never go to Yosemite, you write to the National Park Service. You demand your share of the value of Yosemite. Cash me out! Do you expect a response?

Roosevelt’s “fundamental idea” is that the national parks belong to everyone, down through the generations. The big idea is simple: Preserve it now or lose it forever.

Isn’t that the idea behind leaving the family cottage to the family? Could you afford, right now, to purchase your cottage, cabin, hunting land? Of course not! Lake Michigan properties that sold in the $20-30,000 range in the 60’s and 70’s are in the millions now. If you can find one. And the same is true of smaller lakes. The wild price inflation is less for hunting land, but still forbidding.

At the turn of the last century, a few visionaries like Teddy Roosevelt and John Muir saw that without national preservation efforts, irreplaceable natural treasures would be lost. In other countries, the rich and the royal preserved land for their own benefit. In America, we did it for all of us. And our descendants.

The National Park Model is a new way of looking at your cottage or recreational property. You are making a promise to your future family that short-term considerations will not outweigh long term goals.

The basic principles are straightforward and are familiar to anyone who has ever traveled or camped in a national, state or local park:
1. Rules for Use. Family members are stewards of a gift. Rules for use and care will be clear and must be observed. There will be an evenhanded system for allocating the available space among various family members.
2. Financial Responsibility. Budgets will be prepared, including all taxes, utilities, insurance and sinking funds for all capital improvements, including the roof, plumbing, fixtures and utilities. Present and future expenses will be identified and incorporated.
3. Nobody Rides for Free. You can’t get in a Park without a sticker to pay for the road. You can’t stay overnight without paying for your campsite.

You can’t stay at the Cottage without paying the necessary charge to cover your share of the budget. In advance.

There are other provisions that allow for limited liability and definition of membership. These can all be tailored to the specific needs of individual families.

On March 1, 1872, President Ulysses S. Grant created Yellowstone as the first national park in the United States and the world. For over 150 years, Yellowstone has been preserved and available to all Americans.

Is it ridiculous to think that the same concepts that worked for Yellowstone for the last 150 years could preserve your family’s heritage too? Are you against providing that sort of experience to your children, grandchildren, and generations yet unborn?

If not you, who? If not now, when?
Is Now A Bad Time For Real Solutions?

Does anyone on this earth have all the answers? Does that mean we should give up seeking the best answers we can find? Perhaps you already have an answer to this problem. Maybe you do not see this as a problem at all. Why not find out? Is now a bad time to find out how to obtain security for yourself? And your family?

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

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Stuff That Never Happens, Never Happens To Folks Like You https://davidcarrierlaw.itulwebdev.com/stuff-that-never-happens-never-happens-to-folks-like-you/ https://davidcarrierlaw.itulwebdev.com/stuff-that-never-happens-never-happens-to-folks-like-you/#respond Wed, 14 Dec 2022 14:57:59 +0000 https://davidcarrierlaw.itulwebdev.com/?p=112309 Until It Does Happen, Then You Write In About It

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(Warning: Typos Intact, Not Legal Advice)

Greedy Grasping Stepmother?
Conniving Stepsisters?
Stop Me If You’ve Heard This One Before…

Can my step-mother, who has rights to live in the house till she dies, pay lawyers and take money out of my Dads Estate? NO WILL

When sibling took my dad & stepmother to draw up a will, years back. Stepmother said she didn’t want it-she wanted Everything my Dad had. She told him that day she could divorce him & take half of everything. She moved out for a wk when I got POA & he put bene on his Bank accts & investments, leaving her enough to live on & added her to the deed, to live there till she dies -then reverts back to his 3 prev children. I moved in with them, to try to help with his care– she said she was living in Hell & hoped to die in her sleep.. She called him ugly names and smacked him (on his legs) when he was talking late at night and bothering her..

I slept on the sofa beside him – he had his days & nights mixed up.. & trouble sleeping at night.. she would rather him be a nursing home. Now she’s upset that he didn’t leave her ALL and has hired an elder lawyer .. her daughter asked if my Dad’s estate would be paying the bills he paid in life and I’m afraid they are figuring a way to take money away from the house. we aren’t allowed to see or talk to her & they want us to come get our dads belongings that they are putting in his garage. he died Nov 2nd at 85- they were married 26 years. She is 83

Chapter One: 26 Years Of Wedded Bliss

Chapter Two: The Aftermath

Why These Things Happen: When people live longer, they tend to find fault with the other people they’ve been living with. Sometimes those other people die. Frequently they move on. To make other mistakes. With other people. Bringing their baggage along with them. Baggage that frequently includes other human beings, known as “children.” Children who never, at any time, saw in that other person what you saw in the other person. Hope springs eternal. Keeps life interesting.

Just the Facts, Just the Facts: Here’s a story of a lovely lady. Who was bringing up a very lovely girl. It’s the story, of a man named [Fill in the Blank], who was busy with three kids of his own. ‘til the one day when that lady met this fella and they knew that it was much more than a hunch…

But now she refuses to engage in estate planning. He wants his leftovers to go to his kids. After he dies. After she dies. After she has used the marital assets. Then passed over where those assets are no longer needed. But. She wants his leftovers. Now. And when he dies. Nothing for his kids. What’s mine is mine and what’s yours is mine too.

What Might Have Been: This is not an unusual situation. How do we make sure that the surviving spouse continues to enjoy the life that they have built over the last 20 years? How do we also honor the love each parent has for their kids? How do we honor the commitment that these married folks have made to one another? How do we avoid nursing home poverty that wrecks everything for everyone?

First Things First: An easy way to prevent fights over stuff is to make sure there is no stuff. Not surprisingly, there is a popular way to make sure there is no stuff over which to fight. Simply liquidate lifesavings and pay for a long-term care facility, nursing home, assisted living, or at-home care provider. Care services are extremely expensive now. Care services are getting more expensive by the day. Going broke does seem to be a popular strategy. Freedom is just another word for nothing left to lose.

Planning to avoid nursing home poverty is well- established. The legal foundations are sound. The beneficial consequences are undeniable. And the psychological effects are much greater than most folks realize. The stepmother in this letter is greedy, grasping, uncooperative, and mean. Maybe that is just who she is. Always has been, always will be. But I wonder. How well do you yourself function when fear and anxiety set in? Imagine yourself threatened. Weak. Unable to control your destiny. Physical and mental decline undeniable. Will you be your best self? Maybe. Maybe not. Would it make any difference if your future were secure? If you knew that there was nothing to worry about. Does security bring generosity?

Gratitude? Sometimes, I guess.

Chances Missed: By rejecting Dad’s efforts to plan, Stepmom put him in a bind. Cooperative, joint, mutual planning that is agreed upon by the couple works best. Dad could write off his kids. Or he could plan for both wife and kids, without Stepmom’s contributions.

Stepmom threatened Dad with divorce. He did not want that. Stepmom insisted Dad disinherit his kids. He did not want that either. So Dad put Sonny-boy’s name on some accounts. It seems that Dad also put Stepmom’s name on other accounts. Dad “put bene on his Bank accts & investments, leaving her enough to live on”.

Plus Stepmom gets (at least) so much of his Social Security Retirement that is more than her own. Maybe pension, too.

I would also guess, from our correspondent, that Dad gave Stepmom a “life estate” in the homestead. After the estate planning fiasco, Dad “added her to the deed, to live there till she dies -then reverts back to his 3 prev children”. That’s a pretty good description of how a life estate works. Dad, who owns the real estate, gives Stepmom the right to live there. For as long as she lives. And after death, the real estate goes to whomever Dad set forth on the deed.

Practical Pointer: What if Stepmom challenges all this and tries to set it aside? Michigan’s Estate and Protected Individual Code has the answers. Stepmom and Dad have no kids together. Stepmom and Dad each have descendants of their own. In this case, surviving Stepmom gets the first $100,000 and splits the remainder with Dad’s kids. Adjusted for inflation since the year 2000, Stepmom would actually get the first $161,000 and divide the remainder equally. One-half for the surviving spouse. One-half divided among the decedent’s children.

Interesting Note: What if Stepmom and Dad had at least one child together? Then Stepmom would get the first $242,000. And divide the rest as usual.

Bottom Line: Dad and Stepmom missed an opportunity to provide for one another and perhaps build a happier life together. Stepmom would probably lose more at this time by contesting rather than accepting Dad’s solution. Can Stepmom leave the homestead in debt by charging expenses against it? Nope. Can Stepmom draw money from the estate that Dad did not leave to her? No. Does it make sense for Stepmom to try and set it all aside? Probably not, but it all comes down to the numbers.

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

Does Any Good Deed Go Unpunished?
Or Unrecorded?

What do i do as a successor trustee if the real property deeds were prepared, signed and notarized but never recorded?

it appears that when the trust ws prepared so were the deeds, but the original deeds are still in the binder with the will and trust, etc. and there is no record of them ever being recorded. Can I simply record them now? it has been about 2 years since everything was signed and notarized.

Short Answer: No. Problem. At. All.

Longer Answer: In each county, the Register of Deeds provides a permanent record of transfers, encumbrances, liens, easements, and all the other items that affect the ownership or use of real estate. Provided that the document meets certain minimum requirements, the Register MUST record the document. To prove that the document existed. But there is no legal effect to recording. A recorded deed or other document does not become more “legal” because it is recorded.

Deeds in Michigan are effective when delivered with donative intent. Was the deed written? Was the deed delivered? Did the person writing the deed intend to transfer the property? Recording with the Register of Deeds is, of course, pretty good evidence that you meant to transfer the property, of donative intent. On the other hand, Michigan courts have held that recording a deed with the Register of Deeds is not, all by itself, the answer. Deeds that were recorded without “donative intent” have been thrown out.

Bottom Line: When buying a home, recording the deed is of utmost, paramount, super-duper importance. You need to pay the property taxes. You need to live in the thing. You need to get the mortgage. Git R Done!

Estate planning requirements are different. You already own the darn place. No one is going to evict you. You are doing the planning for purposes other than you need a place to lay your weary head. That’s why it is not unusual for deeds in the estate planning context to be recorded later. Sometimes much later. Sometimes as a privacy strategy. Sometimes just because.

Warning! In Michigan, a recorded deed wins! Unless the person recording the deed knows about a prior unrecorded deed.

Here’s How It Works: Let’s say the person who set up this trust (the “Grantor”) made you the Trustee. Then the Grantor names someone else as Agent under a Financial Power of Attorney. [Yes. This is a really stupid way to do things, but it happens.]

Let’s say that the Trustee sells the home to Person A. Trustee gives Person A the deed putting the house into the Trust. Trustee also gives Person A a deed transferring the house from the Trust to Person A.

Person A sets off for the Register of Deeds, but stops for lunch.

In the meantime, the Agent under the Financial Power of Attorney, sells the house to Person B. Agent gives Person B a deed transferring the house to Person B. Person B had a big breakfast so heads straight to the Register of Deeds and records his deed.

Person B wins the race to the Register of Deeds and records first. Person B has no idea about the trust or Person A. Who owns the house? Person B.

But what if Person B knew about the deed to the Trust? What if Person B was on notice? If Person B knows that Trustee already deeded the house to Person A, Person B loses.

And that’s why Michigan’s recording statute is called “Race/Notice”. Whoever wins the RACE to the Register, without NOTICE of another deed, wins. Ain’t the law fascinatin’?

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

It’s Nice To Be Nice. Or Is It?
Is it a liability for me to be on my elderly father’s checking account?

My father is 92 and his only income is the $800 per month that he gets from Social Security and SSI. He’s also on Medicaid. His mind is slipping away quickly and he is having trouble writing checks to pay bills. I’m already on his account as a beneficiary, but he is concerned that he will become incapacitated and he wants to add me to his account as an authorized signer. I am concerned that other, less involved family members, could accuse me of mishandling this money. Is that something that could turn into a liability for me? Are there any other issues I should be looking out for?

Short Answer #1: No, it is not a liability for you to be authorized signer on Dad’s checking account. So long as you do not steal the money. Then you’ve got troubles.

Short Answer #2: Yes, you will become a target for the slings and arrows of outrageous fortune that your nearest and dearest will launch in your direction. Nothing you do will be right or fair or just. You will have to sit at the kids’ table at Thanksgiving. Lump of coal in your Christmas stocking.

Longer Answer: You need Dad to give you a Power of Attorney. Then you can do all the things he wants you to do. Be aware: the Social Security Administration does not care about Powers of Attorney. Or probate court guardianship/conservatorship. To satisfy the SSA, you have to become Dad’s “Representative Payee” down at the Social Security office. The Veterans Administration has a similar program.

Ancillary Advice: Get a Health Care Power of Attorney while you are thinking about it.

Free Advice and Worth What You Paid for It: The ultimate legal test here is “Were you stealing?” If not, you are fine. If yes, big BIG penalties. So don’t steal. Do the old man a solid. Get a good Financial Power of Attorney. That means don’t download it from the Interwebs. Spend a few minutes with a real lawyer about the in’s and out’s.

And every time you sign your name to anything for Dad, add a comma, and POA: “John Jones, POA”! You’ll be fine. Probably. Buena suerte.

 


 

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

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Ignore These Graphs, They Are Meaningless https://davidcarrierlaw.itulwebdev.com/ignore-these-graphs-they-are-meaningless/ https://davidcarrierlaw.itulwebdev.com/ignore-these-graphs-they-are-meaningless/#respond Mon, 17 Oct 2022 19:40:30 +0000 https://davidcarrierlaw.itulwebdev.com/?p=112174 Ever wonder how mortgage rates are like murder rates? Me too!

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Happy Talky Talky Happy Talk! Don’t Worry, Be Happy

HOW ARE MORTGAGE RATES LIKE MURDER RATES?

Ever wonder how mortgage rates are like murder rates? Me too! And we are in luck. You have paid so much in taxes; Washington bureaucrats track this stuff. Not joking.

Freddie Mac (not the guy with the hamburgers or cheesy macaroni) says home mortgage interest rates have almost tripled. USA, USA, USA!

freddie mac mortgage rates chart oct 2022

The American Stasi, Gang That Couldn’t Shoot Straight, Praetorian Guard, Federal Bureau of Investigation, Crime Data Explorer, reports that murder rates are surging. How did that happen?

Don’t believe me… believe your own lying eyes:

fbi crime data explorer rat of homicides by population

Federal Bureau of Investigation, Crime Data Explorer

What’s The Difference Between Oil And Murder Plus Mortgage Rates?

Why would the Leader of the Free World™ grovel to Petroleum Potentates? Why would Petroleum Potentates wipe the Leader of the Free World™’s nose in his stinky economic and geopolitical mess? Why would PPs listen to the L of the FW’s humiliating pleas, then do exactly the opposite? Because they can. But why? How?

Your tireless tax-paid government bureaucrats at the U.S. Energy Information Administration have the answer. In a single chart.

Follow the lines. “Ending Stocks of Crude Oil” in our Strategic Petroleum Reserve (SPR) are at a 30-year low. Thirty. Year. Low. From historic highs to historic lows. In 2 years. Did somebody try to buy political favors with your energy security? Nah! Crazy talk. Conspiracy theory. I am sure there is a very good explanation. Very. Good.

What else is at historic lows? America’s regular stocks of crude oil. Lowest in 30 years for “Ending Stocks of Crude Oil”. Blame COVID. Or Russia. Or China. Or Ukraine. Or Evil Oil Companies. Or Garden Gnomes. Right? Could not possibly have anything to do with doddering grifters wrapping themselves in the flag and buying votes. Nah! So much crazy talk.

u.s. energy information administration stocks by type chart

And thank goodness for global warming! Our planet is so toasty, we don’t need petroleum products to heat our homes. Nowadays, winter is a thing of the past. A few old greybeards remember snow as a distant memory, but you’ve never seen any. And windmills juice up all our electric rent- a-cars. No problem. Don’t worry. Be happy. Now.

Murder Up! Mortgage Up! Oil Supply Down!
What are you going to do about it?

 


 

Lightning Letters Redux…

Like Sands Through The Hourglass… So Are The Letters Of Our Lives

(Not Edited For Spelling Or Punctuation Or Anything Else) (Warning: Not Legal Advice!)

Bad Ideas Come From Bad Information

How do I put my name on my mom’s property?
We are living with my mom to take care of her. She has dementia and may need to go into a home. Her will already states that I get everything as my sister and father passed away. I know if I try to put her into a home to help her, we will have to sell the house and we don’t want to lose it and be homeless.

The Short Answer Is: You don’t. Bad idea. Putting your name on mom’s property now would be a “divestment” for Medicaid purposes. If mom needs a Skilled Nursing Facility, she won’t get help, she’ll get a penalty period. And then she’ll get sued. And then they’ll sue you. And then you’ll lose the homestead. And that would be bad.

The Longer Answer Is: Plan to avoid probate. Mom can keep her homestead. You can live in and maintain it. Mom still gets her Skilled Nursing Facility benefits. Although Medicaid takes all her income except for $60/ month.

The Problem Will Be: House in mom’s name must go through probate at death. That’s bad: 1 – Mom gets Medicaid. 2 – Mom dies. 3 – Mom’s estate, including the house, gets probated. 4 – State of Michigan wants its Medicaid money back. State shows up in probate court. State gets the dough. 5 – You lose the house. 6 – You are homeless. Bad.

The Good Answer Is: Avoid probate with a Transfer- On-Death Deed, also known as the Ladybird Deed, Enhanced Life Estate Deed, or Deed pursuant to Michigan Land Title Standards Act 9.3.

A Potential Pitfall: Many folks use the TOD Deed to transfer the house to themselves directly. Now you go bankrupt or get sued or divorced or need long-term care and pfffft goes the house. Waste of Golden Opportunity for long-term security. You are getting the house for free. Mom’s care is also free (except she paid for it through years of income tax). Do Not Cheap Out Now. Spend a couple bucks and secure the house forever. And ever. Amen. (Yes, this strategy uses a trust. Get over it.)

Is Blood Thicker Than Water? And How Could You Tell?

Trust vs Heirs?

Dear attorney, there is an elder lady, who wants to put her niece to Trust and wants this niece to be an owner of this house when she dies. At the same time this lady has 2 sons, who might want to claim to get this property after their mother passes away. In that situation, in case her sons claim this property as blood heirs, what would prevail: trust or rights of her sons as blood relatives? What if they launch a court process, are there any theoretical chances to get the property in possession of her sons? Thank you in advance!

The Short Answer Is: Elder Lady Auntie gets to do with her stuff what she wants. Suggest using a trust to keep it out of probate. Quicker, faster, better. Less opportunity for uncles to complain. Trust wins over Blood! But.

The Longer Answer Is: Why is Elder Lady Auntie sweet on Nice Niece to the point of disinheriting her flesh-and-blood? Millions of reasons. But. Do you want uncles (father?) claiming that Nice Niece “unduly influenced” Elder Lady Auntie? I betcha NN is helping care for ELA. I betcha they are very close. I betcha ELA’s powers of attorney/will/trust/patient advocate name NN as ELA’s fiduciary. Danger is real, not a “theoretical chance.”

The Problem: NN’s close relationship with ELA means NN automatically unduly influenced ELA to give House to NN. (This is known as shifting the burden of proof.) Now NN must prove NN did NOT unduly influence ELA. Which is impossible now that ELA has died. NN loses house. Uncles win. Angels weep.

The Good Answer Is: Employ experienced counsel. Do it correctly. Wise, foresighted counsel will anticipate the undue influence claim. And defend against any such challenge. And a bunch of other stuff that can go haywire.

 


 

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?

Why Does Traditional Estate Planning Fail? All the time

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

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Going Postal! https://davidcarrierlaw.itulwebdev.com/going-postal/ https://davidcarrierlaw.itulwebdev.com/going-postal/#respond Mon, 26 Sep 2022 16:59:20 +0000 https://davidcarrierlaw.itulwebdev.com/?p=112113 Lies, Damned Lies, Statistics, And Elder Law Reporter “Letters”

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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

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Letters You Are Glad You Did Not Have To Write https://davidcarrierlaw.itulwebdev.com/letters-you-are-glad-you-did-not-have-to-write/ https://davidcarrierlaw.itulwebdev.com/letters-you-are-glad-you-did-not-have-to-write/#respond Sat, 17 Jul 2021 02:40:47 +0000 https://davidcarrierlaw.itulwebdev.com/?p=109545 Deed with joint tenancy doesn't mention right of survivorship.

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We Get Letters… We Get Lots And Lots Of Letters

(Note: Not Edited For Spelling Or Punctuation. Not Legal Advice!)

LETTER #1

Deed with joint tenancy doesn’t mention right of survivorship

My father purchased land with seller to buyer financing. Because my dad was a single unmarried man and it was seller financing, the seller asked my dad to put someone as a joint owner on the deed (to keep making the payments in the event my dad passed). My dad put my oldest sister as a joint tenant/owner as he was advised at the title company. I don’t think he fully understood. My sister never made one single payment I have all checks to prove. She didn’t even know she was a joint owner. My dad mentioned to mother, friends and to siblings me many times my sister wasn’t the real owner it was just for security bc the seller required security of receiving continuing payments.

My father sadly passed, and now my sister doesn’t want to change title practically keep the land to herself. The document doesn’t specify right of survivorship just say joint tenant can that help? Everyone knows my dads true intent we were all children from the same mother he loved us all the same. I feel he didn’t know what joint tenancy was and just signed. I am really worried bc my sister is taking over the property and not allowing entrance.

What can I use as defenses, thanks.

The Answer Is: “You Are Screwed. And Your Little Dog, Too!”
A Deed Is A Deed Is A Deed

For a number of years, I tended bar. Occasionally, a bar fight would erupt. Very exciting. My fellow barkeep Matt loved when that happened. He would vault the bar grinning, not waiting for assistance, eager to sort things out. Not me. I figured that was a job for the football player-bouncers. A bar fight is an ambiguous, fluid situation. Resolution is required. Application of force will be necessary. And litigation is a bar fight. In for a dime, in for a dollar.

But what if there is no fight? What if the facts are clear? Bouncers do not go looking for trouble. And they do not get involved in every disagreement. How does that apply here?

Michigan courts are extremely unwilling to upset the applecart. Especially when that applecart consists of a valid deed. There are plenty of dubious situations that folks can fight about. Then the courts and the judicial system can roll up their sleeves, get into the fight, start cracking heads.

Our letter writer’s case is not a bar fight free-for-all that needs sorting out. This is a Mike Tyson, one shot to the head, KO, 30 seconds, hope-you-did-not-blink-because-the-main-event-is-over type of thing.

Your father signed the deed. He was competent. He did not have a gun to his head.

Q: Was it a good idea or a bad idea?
A: Nobody cares.

Q: Is sister a generous angel or jealous limb of Satan?
A: Irrelevant.

Q: Did dad wish he had never signed?
A: Why are we still talking about this? Train left the station. Elvis left the building. Fat lady sang. Somebody already stuck a fork in it. It is done.

Folks Do The Darnedest Things

When a good person acts with the best intentions but brings about the worst results – that is tragic. Terrible. In Heaven above, the angels weep. Ever watch a movie, yelling at the screen, “Don’t open the door!” “Stay out of the basement!” “Run away!”? Reading this letter is like that. For me. Danger, danger! But, of course, it is too late. For them.

Why in the world did dad sign the deed?

“Because my dad was a single unmarried man and it was seller financing , the seller asked my dad to put someone as a joint owner on the deed (to keep making the payments in the event my dad passed).”

Dad was motivated to do the right thing. Seller gave dad plausible reasons. But. The stated “reasons” make absolutely no sense at all. Not a single part is accurate or reasonable. Sure, it is true that folks do this sort of thing all the time. On the advice of friends, neighbors, and Internet Experts. You might think these advisers would know better. But they do not.

Spoken Words Worth The Paper They Are Written On

“My dad mentioned to mother , friends and to siblings me many times my sister wasnt the real owner it was just for security bc the seller required security of receiving continuing payments.”

Sometimes motivations matter. Once in a while, verbal statements are relevant. But not usually. And not when we have a written deed that clearly creates ownership rights. Circuit courts, title companies, buyers… none of them care what you thought you were doing. Or why you were doing it.

Dad made sister joint owner by legal, valid, written, notarized, recorded and unchallenged deed. His motivations and understandings were incorrect. But that does not matter.

The Road To Hell Is Paved With Good Intentions

“Everyone knows my dads true intent we were all children from the same mother he loved us all the same. I feel he didnt know what joint tenancy was and just signed. I am really worried bc my sister is taking over the property and not allowing entrance.”

Hatfields & McCoys. Montagues & Capulets. Celtics & Lakers. Laimbeer & Bird. U of M & Ohio State. Historic feuds. This is how they get started… What chance does this family have to enjoy the peace and prosperity dad intended? Experience suggests that sister will treat the property as her own. She will be correct, legally. Cousins hating each other. Poison of resentment and ill-will seeping down the generations. Do not let this happen to you. Or your family.

Dad could have provided for the family. Avoided strife. Lawyers do come in handy, sometimes!


LETTER #2

How can I withdraw funds from my husbands bank account if I am not on his account?

Husband is a stroke patient in a nursing home. Medicaid covers all expenses. He has money from social security in his bank account that I can use to send to him for personal needs. I have all account numbers, ss number, etc but no pin number.

Powers Of Attorney: Faster Than A Speeding Bullet… More Powerful Than A Locomotive…Able to Change The Course Of Mighty Rivers, Bend Steel In Your Bare Hands?

You don’t have to be Superman to get the power to make a major difference in your loved one’s life. If your husband is still mentally alert, even though he may not be physically capable, he can give you the authority you need to take care of his business.

Powers of attorney are not all the same. They can differ radically in the way they operate and in your ability to get the job done. Be sure that the lawyer drawing up the power of attorney knows your goals. Of course, that is nice to say, but how to get it done in the real world. The answer is that most powers of attorney are intended only to allow you to pay the person’s bills. And pay. And pay. And keep on paying until the money is all gone. Which results in nursing home poverty. Powers of attorney can be drafted to save the family resources. Make sure that your attorney knows that this is your intention.

Here Comes The Judge!

If your spouse or loved one is not mentally competent, you have a date with probate court. The judge will decide (by clear and convincing evidence) whether you should have authority over your loved one. Guardianship is all about the person’s health and day-to-day living. Guardianship includes the right to make basic, routine money decisions. Conservatorship is all about the money.

Both forms of living probate involve special rules, court supervision, annual reporting and a limit on just what you are able to do with your loved one’s resources. Avoiding probate while you are alive should be, but usually is not, a laser focus of your estate planning.

Social Security…

The Social Security Administration does not care about your power of attorney. And they do not care about your guardianship or conservatorship either. Social Security operates across the globe and cannot be bothered to figure out the ins-and-outs of every judicial and legal system. It would be impossible.

What Social Security has done is create its own “brand” of guardianship. Your disabled loved one gets Social Security. Your guardianship and power of attorney are useless. Now you have to jump through the Social Security hoops and become Representative Payee. Now you can manage the social security.

Easy, huh?

You Choose!

There is nothing inevitable about nursing home poverty. Peace of mind and security are waiting for you. Right now. It is a choice. Despite what “everybody else” says. Despite their attempts to disguise the elephants in the room. For over thirty years, people have told me, “I’ve never heard of this before!” “If this is real, why doesn’t everyone do it?” “My lawyer/financial advisor/brother-in-law/accountant/tax person/banker/best friend/fill-in-the-blank never said anything like this…”

Applying for benefits does not mean Nursing Home Poverty or silly Spend Down. Learn how to preserve your loved one’s lifesavings, business, cottage, life insurance. 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…
COME TO A WORKSHOP OR ATTEND A LIVE WEBINAR FROM HOME…
(800) 317-2812

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