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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.

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Truth Stranger Than Fiction

Terrifying Typos – Slaughtered Syntax – Painful Punctuation – Obviously Original
And Still Not Legal Advice!!

Do Not Spoil Your Golden Anniversary Or Opportunity

IS IT POSSIBLE FOR A MARRIED WOMAN TO HAVE A TRUST IN ONLY HER NAME OR MUST HER HUSBAND BE ON IT TOO?

I had an inheritance trust in my name only but when we moved to Mi and wanted to change to the new assets, I was told my husband and I had to both be on it. This has been no problem, we’ve been married almost 50 yrs and all is well except he is showing the very first stages of dementia and I would like to keep him from damaging our retirement fund. Can I have the trust in my name and my son’s name. He will take care of the trust when we die.

Short Answer: Possible for a married woman to have her own trust? Yes. Of course. This isn’t Russia. (Is this Russia? No!) So yes of course you can have your own trust. And eat it too!

Longer Answer: Your deceased relative was uncommonly on the ball! Almost all estate planners overlook the charming opportunities presented by death. Sorrowfully, most simply dump assets on beneficiaries. Such laziness would be malpractice, except everybody’s doing it. Because monkey see/ monkey do is a pretty good defense against malpractice.

Also know as the “generally accepted standard of care”. Poor standard of care, poor results… but not malpractice. Why isn’t the standard: “best practices”? Don’t know.

Shouldn’t the test be, did you do the best thing? Hmmm. Let’s dig up that corpse next Halloween.

She: You Only Love Me For My Trust!
He: Yeah So?

The Good: Your relative left you assets in trust. Hurrah! Of course, we do not know the terms of the “inheritance trust,” but let us (charitably) assume the best. Let’s guess that your “inheritance trust” was structured as a third-party supplemental needs/discretionary trust. Done properly, the inherited assets are protected from lawsuits and long-term care. And protected immediately!

Your aged relative, R.I.P. was aware (we hope) that even 50-year golden anniversary marriages occasionally hit the skids. State law says inheritances don’t count in divorce. As a practical matter, everyone knows inheritances do “count.” When assets are dumped from an estate, the first inclination is to put the money in a joint account.

You know it’s true! Then, like a dervish demon from the fiery furnace, the inheritance dollars flee, fly, flit away to get divvied up… But put those assets in a well-constructed trust and you have driven a stake through the heart of the nefarious vampire divorce lawyer seeking plunder!

Perhaps aged relative was also familiar with the “very first stages of dementia beginning to show.” Wise old bird! Relative knew that you would soon be face-to- face with the original Punisher:

Medicaid. Done properly however, your inheritance trust assets are secure from Medicaid’s ghastly, ghoulish, grim, gruesome, grisly, grasping grip. [See what you can do with a thesaurus?] Bottom Line: you are not going broke when hubby needs help because your inheritance trust assets are protected.

The Bad: “When [you] moved to Mi… [you] wanted to change to the new assets…” Probably you just changed financial advisors or re- arranged your investment portfolio.

Dealing with assets already in the inheritance trust does not affect the validity of the trust. If by “new assets” you simply mean replacement investments for stuff that is already in the trust, it is hard to see how your husband could be involved. At all.

On the other hand… What if you and your husband got the awful, terrible, no-good, very bad advice to add your own assets to the trust? That would be ill-advised. It would expose the trust to potential claims. By your husband. By your creditors. By Medicaid. Risky! Unnecessary! Foolish! Typical. Sad. Do not do that thing!

Leave inheritance trust assets alone in the inheritance trust. Manage them, change ‘em out, develop new portfolio strategies. That is all good. But. Do not commingle inheritance trust assets with your household, marital assets. Do not ruin a good thing.

By the way: With LifePlanning™, you will always protect your beneficiaries with an inheritance trust. Because why wouldn’t you?

The Ugly: This guy is ugly. Thank you, Universal Studios.

Show Me The Money!
Whaddaya Mean None For Me?!

My grandmother passed away almost a year ago and I need to know if she left money for me? Want to see if my grandmother left me money from her will

Simple Answer: Go to the probate court in the county where grandmother died. Ask if there has been a will filed for her. Ask if there has been a probate estate opened for her. If yes or yes, get a copy of the Will. Read it. Now you know.

Not-So-Simple Answer: If there was a will or trust and the will or trust is being administered and if you were a named beneficiary, then you should already have received notice. But you have not. That suggests a few possibilities:

1. Grandmother was dead broke when she died.
2. Grandmother had all beneficiary designations on her accounts.
3. Grandmother had leftovers and a will, but no one has probated the will and the stuff is just sitting there.
4. Grandmother had a trust. And you are not a beneficiary.
5. Grandmother had a will. Probate is humming along. And you are not a beneficiary.

There are more possibilities, but these are the most likely. Why not ask your mom or dad? Aunt or uncle? If you cannot get straight answers, you may wish to hire an attorney to help you out. Beware, these things get expensive quickly. And ruin family relationships.

Both are bad.

Home Mortgage Interest Rates Break The 7% Barrier

A few choice quotes from Freddie Mac:

“Mortgage interest rates have increased at the fastest rate since the early 1980s.”
“However, in 1980 and 1981, rates
averaged 16% and 18%”

Mortgage rates “have more than doubled in the past year. Mortgage rates have never doubled in a year before.”

“Kong Save Down Payment! Now Interest Rate Triple! Cannot Afford Bungalow! How Break News To Wife?!”

Trick Or Treat!

Did You Want Your Estate Plan To Be A Nasty Trick?
Is It Wrong To Leave Your Family A Treat?

Why Should The Government Get All Your Halloween Candy?

Why Estate Planning Fails And How To Be A Winner

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 Abandon Hope All Ye Who Send Letters Here appeared first on Carrier Law.

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News You Can Use, Without All The Yakety-Yak

If You Liked It, Why Didn’t You Put A Ring On It?

QUESTION: Evicting common law spouse from my home? Can I be forced to modify my house for his mobility and care?

Common law spouse decided to have his daughter handle all of his financial and medical care. Prior to this I was an authorized signing agent which I was used for utility’s, groceries and various joint accounts. His daughter will only give authorization for $200 towards electric, purchase his food and handle his medical needs. He has major medical issues. Eventually him will required the use a wheelchair. I myself have been diagnosed with early stages of Dementia and COPD. And limits my abilities as well. No other contribution are made. Intimidating tactics such as demanding $50,000 for him to leave. Or sale my home and give him half. Repeated threats by he and his daughter regarding him leaving. On a daily bases harassing me about the money he claims he is owed to him. Can I legally evict him? Can I be forced to sell my home which was fully paid for 2yrs prior to him moving in? Can I be required to modify my home for his mobility needs?

Throw The Bum Out, And His Little Dog, Too

1. There is no “common law” marriage in Michigan. Show Freddie the Freeloader the door with instructions on use. If he won’t go willingly, evict him. And his pernicious progeny (that means his devil daughter). What an ungrateful wretch!
2. “Repeated threats by he and his daughter regarding him leaving.”
Correct Response To Threats: “Don’t let the door hit you on the keister on your way out!”
3. Specific Questions – Precise Answers
a. “Can I legally evict him?” Yes. Follow the rules exactly. You don’t want to do this part twice.
Or three times.
b. “Can I be forced to sell my home which was fully paid for 2yrs prior to him moving in?”
No. Hell no!
c. “Can I be required to modify my home for his mobility needs?” Nope.

NOTE: Common Law Marriage is recognized by Colorado, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, South Carolina, Texas, Utah, and the District of Columbia. In these localities, if you hold yourself out as married, you are married. It is not a matter of how long you have been together.

So, say “boy/girlfriend,” “significant other,” or “Poopsie”. Do not say, “Husband,” “Wife,” or “Spouse.” And keep your finances separate.

But I Ain’t Got No Money, Honey!

QUESTION: Can I walk away from my mom’s business and home without doing anything once she dies?
My mother has become increasingly irresponsible with money. She is super intelligent, and she has no dementia. She is 86 and still runs her business but it is highly dysfunctional and I’m not sure it makes a lot of money. She gets lots of loans and has taken all her money from a reverse mortgage on her house. She won’t listen to reason. She is secretive about her finances, and she is controlling. I believe she gets these loans knowing she will probably die before she has to pay them all back. I don’t even know how I would be able to unwind any of this to even pay the debts off after to trying to sell her business.

I’m considering just walking away and not doing a thing after she dies as long as I could do this without any legal ramifications for myself.

Where Were You When The S—t Hit The Fan?

1. You are not liable for mom’s debts. Now or after she dies.
2. You might be liable for mom’s debts if she gave stuff to you so that she would be unable to repay. This is the Doctrine of Fraudulent Transfer or Fraudulent Conveyance.
a. Accept nothing from mom for which you did not pay.
b. Maintain books and records to show you supported yourself.
c. Keep your distance. When the proverbial S hits the fan, you do not want to get splattered.
3. At mom’s disability or death, refuse to act as attorney-in-fact, guardian, or conservator. Walk away. Let a public, court-appointed guardian or conservator try to unscramble these eggs.
4. Parents must accept their children’s choices. Children must accept their parent’s choices. And not be ruined in the process.
5. Consult with counsel to erect a legal firewall between you and the dumpster fire that will be your mom’s financial legacy.
6. Love your mom. And don’t be a victim.

NOTE: Nursing homes, lenders, and creditors of all stripes are responding to the deepening recession by aggressively pursuing non-traditional sources of payment. Meaning they’re coming after family, friends, the postman, anybody they can find who may have benefitted from the borrowing. It is not the mom- and-pop law firms doing this sort of collection work. Debt collection law firms are highly organized, technically savvy, and using legal techniques that were once reserved for the “big” cases. They are not going away.

Daddy Dearest

QUESTION: How do I get a full-time aide for my father who refuses to pay for it?
My father is 96 with several co-morbidities. He is in hospice at home I am his full-time aide. I need a break from caring for him 24/7 for the last nine months. The hospice personnel say they can give me 5 days I need a month or more off. He has on-set dementia which I cannot get the Dr’s to sign off on. He can get violent and I am at my wits end with him. When he was normal he was abusive and now he is controlling and manipulating. I need to get away to take care of myself I am 75 yrs old. I thought I could help but this is way too much. He is difficult to manage. What can I do legally I have POA only medically not financially?

Loving, Devoted Child Or Enabling Co-Dependency?
The Parent Child Relationship Is Not A Suicide Pact

1. Get away. Don’t go back.
2. Make dad get a Probate Court- appointed guardian and conservator through:
a. Adult Protective Services
b. Hospice social worker or case manager
c. Local, neighborhood Elder Law Attorney
3. When spouses care for one another, the caregiver spouse dies first 40-50% of the time. Why? Because caring for a loved one is tough, tough stuff. And you are living the worst-case scenario: Dad has “several co-morbidities.” Plus “dementia.” And on a good day, dear old dad was “abusive.” Nowadays, he can “get violent,” “controlling,” and “manipulating.” Ay caramba! What to do?
4. You recognize that “this is way too much.” Remember what Lucy VanPelt said to Charlie Brown: “As they say on TV, the mere fact that you realize you need help indicates that you are not too far gone.”
5. Now’s the time to arrange for a professional guardian and conservator to take over. Paraphrasing 2 Timothy 4:7- 8: You have fought the good fight, you have finished the race, you have kept the faith. 8 Finally, there is laid up for you the crown of righteousness…
6. Love your dad. And don’t be a victim

How Long Do They Expect Us To Meekly Go Broke?

Social Security Doesn’t Demand Your Last Nickel
Medicare Doesn’t Touch Your Lifesavings
So Why Do You Have To Go Broke For Long-Term Care?

When Is Enough Enough?

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 Letters Lightning Round appeared first on Carrier Law.

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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.

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What Is That Sizzling Sound?

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 Vaporized Like A Snowflake On A Hot Griddle appeared first on Carrier Law.

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Truth Stranger Than Fiction… Could We Make This Up? Who Has That Much Imagination?

Inflation Is Whipped! Gas Prices Down!
Easter Bunny & Santa Claus Spotted On Main Street!

How are you enjoying the non-recession? What do you think of the non-war in Europe? Have you heard about the non-raid on the 45th President’s house? At least this non-winter weather remains warm…

Gosh! Suddenly, things are getting better! They tell us inflation is down! Gas prices are down, so they say. Those unbiased, helpful, informative TV Experts® are telling us so! And here’s proof:

But wait a minute! TV Experts say “Gas Prices Are Coming Down!” Here’s proof from the U.S. Energy Information Administration (Your Tax Dollars At Work):

See over there by the big red arrow? Gas prices coming down! Still the highest in 25 years, except for the last couple of months… Buy hey! Whaddaya want? Eggs in yer beer? Stop complaining, you complainer!

Would you like to know more? Would you like to know why gas prices are coming down? Perhaps it is the wise and beneficent policies of our Great Helmsman in D.C. Calmly guiding the ship of state from danger to safety. Sure, that could be it.

Maybe you might want to think about considering some other numbers from the U.S. Energy Information Agency.

Remember July and August of 2020? Global pandemic? Surely you remember the virus that definitely did not come from a country that shall not be named. Ringing any bells? Well, there was this wholly natural pandemic, not a bioweapon at all, with no funding whatsoever from Dr. Fauci. To selfishly satisfy their grandiose delusions stop the spread, follow the science, and be good people, American popinjays desperately seized sweeping dictatorial powers public servants reluctantly assumed limited emergency measures. Which tanked the most successful economy in world history. Millions of newly working Americans were thrown under the bus. Economic growth ground to a halt. People stopped driving.

And yet, during this horrible time in 2020, Americans demanded and used more gasoline than in July and August of 2022. That’s what the gummint’s own numbers say. What does it mean?

Perhaps it means that there is even less economic activity now than during the height of the mysterious killer flu. When demand goes away and supply remains, prices go down. Our Dear Leader in D.C. has flooded trillions of Monopoly Money™ dollars into the economy. Other Really Smart Folks in D.C. just voted hundreds of billions more phony baloney bucks in giveaways.

It is bad enough to pump up inflation with fake currency. Inflation is demoralizing. Inflation robs the middle class of our desire to build and save. But this evil legislation also kicks the legs out of anyone trying to build their own business without being an employee. It kills the American Dream, then mutilates the body. Awful.

But Didn’t Inflation Go Away?

Nope. Producer Price Index shows that soul- robbing, wallet-snatching, budget-busting inflation will be with us for quite a while.

But surely the Consumer Price Index tells a different tale? Not according to the Bureau of Labor Statistics.

Despite all the crowing about gas prices and slowdown in the rate of increase of inflation, the bitter truth is that our Great Helmsman and his merry band of pirates has flung the ship of state on the rocks! Terrible.

Can you rely on Washington to fix what it has broken? Are the Washington politicians looking out for you? If the government can smash and grab its way into the homes of retired politicians, and seize property from currently serving elected officials, what hope is there for you? Unless you shut up and knuckle under…Is this the America where you grew up? Is this the America you thought you were living in? Me neither.

The way out. Perseverance in basic virtues: compassion, honesty, caring, friendship, personal accountability. Maybe these simple things can be the foundation stones, as they have in the past, for a new birth of freedom. How can we refuse our duty, our responsibility?

The post Mail Bag Of Madness! appeared first on Carrier Law.

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Truth Stranger Than Fiction…
(Spelling? Punctuation? Editing? No Can Afford!) (Warning: Not Legal Advice!)

Can a guardian evict/kick someone off of a property the guardian has no rights over?

I have been cleaning up a property that belongs to my great grandma who is now in a nursing home. I was verbally told that if I could clean the property up and work on paying the back taxes, I could work on owning the property. But now she is stating she never said that and told me my mother is not to be on the property when she never told me she couldn’t. I was would like to know where her rights as a guardian plays into this property. She does not own anything.

Shortest Answer: Yes. Absolutely.

Short Answer: You are more screwed than you have imagined.

Unkind Comments: 1. Next time, when lawyers and judges are talking, pay attention! And when you do not understand, ask questions! 2. “Verbally told”?!? Seriously? 3. A stitch in time saves nine. 4. An ounce of prevention is worth a pound of cure. 5. Kiss Great Grandma’s house good-bye. Also, you’ll never get paid for your clean up or back taxes. Also, your mom’s getting evicted.

Kinder, But Not Much Kinder, Comments:
1. You are not alone. Regular folks, just like you, lose houses, lifesavings, peace of mind, work, effort, blood, sweat and tears, in similar circumstances every day. Hundreds, if not thousands of times every day.

2. It’s not your fault that you did not know. After all, there’s no 2-hour, live, weekly call-in radio show that provides this information (except on WOOD 1300 AM and 106.9 FM; WKZO 590 AM and 106.9 FM; WHTC 1450 AM and 99.7 FM; various others). There are no free workshops every week the Good Lord brings, in Norton Shores, Grand Rapids, Holland and Portage. No free videos on the website whenever you want ‘em. And certainly, there’s no Michigan Elder Law Reporter to let you in on the secrets. 3. Middle-class families routinely get chewed up and spit out by the long-term care system, you have lots of company. 4. Getting Great Grandma to avoid nursing home poverty is not easy. 5. Cleopatra is not the only Queen of Dee-Nile (Get it? Dee-Nile = denial! Funny, eh.)

Long Answer: Can we unpack this suitcase of suffering sadness? This trunk of troubled tribulation? This package of perplexing pain? This valise of vigorous vivisection? This bag of the boggling blues? This container of cloudy consternation? Let us begin.

Guardian, Conservator, Probate:
What Is It All About?

1. Everyone is getting older.
2. Some older people lose their minds.
3. At age 65, you have a 70% chance of needing an average of 3 years of long-term care services. 20% will need more than 5 years of services. https://acl.gov/ltc/basic-needs/how-much-care-will-you-need
4. When people lose their minds, others must make their financial and health care decisions.
5. A few people take action to decide who will make their decisions if they lose their mind. These blessed few do Trusts, Powers of Attorney,
Designations of Patient Advocate. Mind lost? No probate. No problem. Thankfully.
6. Most people take no action. If you are in the majority and lose your mind, a Probate Court Judge will decide:
a. Whether you have lost your mind
b. Who makes health care decisions (Guardian) for you
c. Who makes money decisions (Conservator) for you
7. Judge decides on Clear and Convincing Evidence. Presented in open court. On the record. Which is not humiliating or degrading at all. Ever.
8. If you get better, you must convince the Probate Court Judge by Clear and Convincing Evidence that you are now OK. Which is not humiliating or degrading at all. Ever.
9. With a Guardian, you are a legally incapacitated person. You cannot make decisions for yourself. Your legal rights? Extremely Limited. Will anyone care what you say?
10. Your Guardian and Conservator files annual reports with the Court.
11. Will the Guardian or Conservator be a family member? Will you get a Public Guardian? Ask the Judge. You had your chance and blew it. Don’t worry. Be happy.

Great Grandma failed to plan. Great Grandma went to Probate Court. And now a Public Guardian will decide everything for Great Grandma. Will the Guardian be guided by the specific, unique needs and aspirations of Great Grandma’s family? Or will the Guardian faithfully follow Probate Court protocols, one size fits all, the law’s best guess as to what most families would mostly do?

You have 3 guesses. Guesses 1 and 2 don’t count.

How It Plays Out

Statement: I have been cleaning up a property that belongs to my great grandma who is now in a nursing home.

Response/Observation: Great Grandma is probably in a skilled nursing facility on Medicaid. Average monthly cost of a skilled nursing facility is $10,000 – 15,000 per month. At the former Kent Community Hospital, residential, high-level skilled care is more than $25,000 per month. If Great Grandma is not already on Medicaid, she soon will be. And if Great Grandma has money, why the “back taxes”?

The state does not joyfully pay for long term care through Medicaid. When the state pays, it wants its money back. The state (so far) won’t seize Great Grandma’s homestead while she is alive. But, after death, the state shows up in Probate Court, looking for its money. Everybody knows that “The House is Protected from Medicaid!” False! “Everybody” apparently does not know that the house must be sold to pay back the Medicaid. After Great Grandma has died. With some loopholes.

Oh. And thanks for “cleaning up” the property. Did you know you are doing that for free?

Statement: I was verbally told that if I could clean the property up and work on paying the back taxes, I could work on owning the property.

Response/Observation: Whoops! You did not know you were doing the work for free? The law says you cannot make a probate claim for services without a written agreement. And the agreement must be written before you provide the services. Without a written, binding contract the Probate Court Judge will not listen to your story. And if you get paid while Great Grandma is still alive, Great Grandma will get hit with a penalty period, be denied Medicaid benefits and the skilled nursing facility will not be paid.

Do skilled nursing facilities enjoy not getting paid? No, they do not. So Great Grandma’s nursing home now sues Great Grandma. And wins! Now Great Grandma’s house must be sold to pay the legitimate bill of the deserving nursing home. And Great Grandma is off the Medicaid until the money is all gone. And you will not see a nickel.

COMMON SENSE POINT:
What the heck does “work on paying the back taxes” or “work on owning the property” mean? In English? Even if you were “verbally told” these things? You are dealing with real money here… Long-term care is expensive. Government does not (usually) just give money away. You are not being serious here. Get serious!

Statement: But now [GUARDIAN] is stating she never said that

Response/Observation: Of course, the Guardian is denying ever having promised you the property if you cleaned it up! It is unbelievable that any Guardian with any sense of their fiduciary duty as Guardian would say such a thing. Not credible. And that’s why we write things down. Because maybe (however unlikely) the Guardian did agree to something like this. But no one will believe it.

In Merrie Olde England, 450 years ago, Parliament created the Statute of Frauds. To stop folks from cheating each other. Our Founding Fathers adopted the Statute of Frauds for American law. The Statute says any contract for land must be in writing. End of story. See you later. Done.

Statement: [GUARDIAN] told me my mother is not to be on the property when she never told me she couldn’t.

Response/Observation: I did not tell you that your mother could not live in my house either. That does not mean that she can.

The Guardian’s job is to preserve Great Grandma’s property and to use it for Great Grandma’s benefit. If the Guardian chooses to evict you from Great Grandma’s home, Guardian can do it. You have no right to control Great Grandma’s home. If you allow someone else into Great Grandma’s home without authority, the Guardian can evict them. Even if the squatter is Great Grandma’s grandchild.

Statement: I was would like to know where her rights as a guardian plays into this property. She does not own anything.

Response/Observation: The Probate Court gave Guardian all Great Grandma’s rights over Great Grandma’s home. That’s the whole point of having a Guardian. It is a big deal.

What Is That Sizzling Sound? It Is Your Lifesavings Imploding At $12,000 Per Month

Vaporized Like A Snowflake On A Hot Griddle

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 Mail Bag Of Madness! appeared first on Carrier Law.

Traditional Trust Planning Failure A Scam? Say It Ain’t So!

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 Who’s Betting On Death? 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.

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Spanning The Globe To Bring You The Constant Variety Of Statistics

Everything is too expensive. It is getting worse. It will continue to get worse. Until it gets better. When? God alone knows.

But wait a minute! TV Experts say “Gas Prices Are Coming Down!” Here’s proof:

Wow! Looky there! Gas so cheap at $4.50 per gallon! (except Californians still paying $5.75). Selling off our Strategic Petroleum Reserve to those who hate us… Brilliant! Prices going down! A bit. A little bit. A teeny, tiny little bit. But that’s just phony baloney. Look at the long-term numbers they don’t want you to see:

Well, whaddaya know? Gosh, it looks like gasoline prices are at or near all-time highs. But surely there’s good news somewhere… Let’s look at consumer prices, shall we?

Oh no! More bad news from the Bureau of Labor Statistics.

Where’s the Beef? Not on your plate! Cost of putting bread on the table expanded by a yeasty 10+% over the last year. Hope you like beans and rice, rice and beans. Hold the hamburger.

Energy Expenses Exploding? Ka-boom! Up over 40% in the last year. How did we get here? Revoke drilling permits, cancel oil leases, shut down pipelines, badmouth everyone and everything related to reliable energy. That’s how!

Good News! It’s cheaper if you sit still and starve. Don’t eat and don’t move… your inflation rate is less than 10%! Oh Happy Day.

Consumer Price Inflation is still setting historic highs. But surely there is good news on the horizon? Nope. Inflation is baked in the (too expensive for you) cake. Here’s the Producer Price Index:

Looking to buy a house? Refinance? Sell? Hope you like high interest rates! By the way, is the housing bubble just about to pop? Hello 2008!

Everywhere you look, it looks like bad news. Yeah, well. Pucker up Buttercup, it ain’t over yet. Private sector money gurus continue to sprinkle fairy dust and sparkly snowflakes through their economic reporting and forecasting. But even the “Blue Chip Consensus” has begun to recognize the rancid stink of the economic corpse foisted upon us by our political potentates. The Federal Reserve Bank of Atlanta provides this handy-dandy summary:

The Atlanta Fed GDPNow graph is based solely on reported numbers. Not wishes or dreams, just the facts, ma’am. The Blue Chippers with their rose-colored glasses, not so much.

Traditionally, a recession means two quarters of Gross Domestic Product shrinkage. At least when the bad political party is in the White House. First quarter of 2022, GDP down by 1.6%. Second quarter? More shrinkage!

Given the stonewalling, obfuscation, denial, selective prosecution, abuse of discretion, outright lying, misdirection, self- congratulating, posturing, and overweening, incomprehensible, hysterical righteousness that you have observed over the past couple of years, do you expect honesty now? Will they finally level with the American people? Regular folks who get things done. Ordinary men and women. Living ordinary lives. Achieving goals of human dimensions. Finding joy in friendship and family. How could they? Admit their failures? Admit the false foundations of their arrogance and sinful pride?

Is it more likely that they’ll serve up their usual hash of psychobabble? Selective focus? Like any stage magician, grifter, or street pickpocket, aren’t they experts at misdirection?

Perseverance in basic virtues: compassion, honesty, caring, friendship, personal accountability. Maybe these simple things can be the foundation stones, as they have in the past, for a new birth of freedom. How can we refuse our duty, our responsibility?

Traditional Trust Planning Failure A Scam?

Who’s Betting On Death?

Say It Ain’t So!

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

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