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“There Are No Easy Answers, But There Are Simple Answers.”

“We Must Have The Courage To Do What We Know Is Morally Right.”

The Truth:
Why Your Trust Will Fail, Almost Always

1. Wrong Goals. You want to avoid probate, save taxes, make it easy for the kids. Everyone accepts the sales job. Everyone thinks these are the correct, popular, attractive goals. That’s why probate is never going away. The tax situation you leave is a mess. And the kids will be at each other’s throat.

2. Wrong Tools. Beneficiary designations, living trusts, pour-over wills, ladybird deeds. All intended to accomplish the Wrong Goals. No use when reality strikes.

3. Wrong Process. If you are using the Wrong Tools to achieve the Wrong Goals, is it any surprise that the Process is wrong too? Almost universally, so- called estate planners take the easy way out. They avoid the hard work, the follow-through that leads to success. The job is left half-done. You take the fall. And the blame.

4. Simple, But Not Easy. Ronald Reagan said, “There Are No Easy Answers, But There Are Simple Answers.” Effective planning, LifePlanning™ is not easy. But LifePlanning™ is simple.

5. Correct Goals + Correct Tools + Correct Process = Success. Is it wrong to focus on the real threats to your security and well-being? Is it foolish to use legal tools that have been proven thousands of times over the last thirty-three years? Is it worth spending a little more time and money now for lasting, lifetime success? Or do you wish to join the Probate Parade? Deceive yourself and your family? Invite Nursing Home Poverty? It is your choice, isn’t it?

Job #1: Avoid Nursing Home Poverty

People get old. Keep breathing in and out and you’ll see. It just happens. You are not as young as you used to be. Sixty is the new fifty. Yeah, but 80 is still 80. At least 90 is the new 80, right?

You cared for your parents. Folks in the neighborhood, the lady from church, nieces and nephews, other younger people could be hired to help. But today?

America is aging. We are, on average, getting older. We did not have as many kids as our parents. There are fewer young people. Fewer people to provide long- term care.

More old people. More demand for services. Fewer young people. Less supply of services.

What happens when there is increasing demand and decreasing supply?

What happened to the price of infant formula when the biggest factory shut down?

What happened to the price of oil when oil exploration leases were cancelled?

What happened to the price of gas when pipelines were shut down?

What happened to the price of eggs when avian flu hit the chicken coops?

What happened to the price of imported goods when the ports and harbors were clogged?

What happened to the price of electricity when somebody discovered that solar panels don’t work without the sun and there’s this thing called “night” that follows “day”? Or when the same somebody discovered that wind does not always blow?

What happens when supplies have already been taken by somebody else?

What if there were an unnamed virus of unknown origin that made people sick? And what if people believed that a certain type of respiratory mask would help avoid sickness? What if there were not enough “masks” to go around? What if someone looked ahead and got a supply of “masks”? If someone had planned ahead, what would the consequences be?

Every time you get behind the wheel of your automobile, you have a chance of dying in a car crash. Every single time. Americans do die in car crashes. One American dies for every 70,000,000 vehicle miles (that’s SEVENTY MILLION miles!) traveled. The average car trip is about 10 miles. So, you have a one in 7 million chance of dying each and every time you get into your car. (“Thank you” to the National Highway Transportation Safety Administration and the Bureau of Transportation Statistics for these numbers – your tax dollars at work!) Americans drive a lot. We drive so much that over the course of our lives, we have an almost 1% chance of dying in that crash. Thank goodness for air bags, crumple zones, and seat belts!

Another branch of our beloved federal government (Department of Health and Human Services) says that at age 65, you have a 70% chance of needing an average of 3 years of skilled care. A big chunk of us, 20%, will need more than five (5!) years of care. Skilled care can come from family members, friends, paid help, long-term care facilities.

Let us recap. Less than 1% chance of flaming car crash death like in the movies. Greater than 70% chance of long-term care. Which one do you care about? Which bad result do you strive mightily to avoid? Which unhappy ending do you simply accept?

Motor vehicle mayhem is bad! Somebody ought to do something! And you do. Drive safely. Buckle up. Hands on the wheel. You know the drill.

Nursing Home Poverty is bad! So let’s ignore it? Let’s pretend it happens to somebody else. Anybody else. Even though the reality is that Americans hardly ever die in car crashes and almost all need long-term care. Care that is harder to get and more expensive by the day. If you can get it at all.

How To Avoid Nursing Home Poverty

Hang Onto Your Money and Stuff While Qualifying for Benefits. You are a taxpaying, conscientious, charitable, forward-thinking, God-fearing American. You pay into the system. You expect some payback from the system. Safe roads. Clean water. Food that is not poisonous. Protection from bad countries that want to make war on us. Not so long ago, we also expected the police to stop shoplifters and vagrants. That was back when we also expected that our national borders counted for something. Remember? Good times, good times.

Social Security. Regular folks who go to work each day also expect that they will have a minimum sort of income when they can no longer work. We call this: “Social Security.” Payroll taxes go in, monthly payments come out. You, the American taxpayer, pay for Social Security. You get payback for your pay in. You don’t have to be broke to get the Social Security you have earned and paid for.

Medicare. Regular folks who go to work each day also expect that they will have a minimum sort of health care when they can no longer work. We call this: “Medicare.” Payroll taxes go in, Medicare taxes/ premiums go in, medical payments come out. You, the American taxpayer, pay for Medicare. You get some payback for your pay in. You don’t have to be broke to get the Medicare you have earned and paid for.

Medicaid. Regular folks expect that there will be no provisions whatsoever for long-term care. We call this the triumph of hope over experience. You pay until you are flat broke. You can keep your house, but have no money for upkeep, taxes, insurance, or utilities. When you are flat broke, you must pay almost all your income to the nursing home or residential care facility. After you are flat broke (except for $2K).

How is long-term health care different than short-term health care? Or income? Or basic income support? It all comes from your tax dollars. You paid for all of it. Why should you go broke? Why shouldn’t you have choices? How is any of this fair? And it gets worse…

What if you were not the penny-saving, bill-paying, overtime-taking, money-for-a-rainy-day-type person that you are? What if payday meant casino-day? What if you were a consistent over-spender? What if your bankruptcy lawyer was on your Christmas card list? Well, then that long-term care is free, free, free. You are in debt to your eyebrows? Come on down!

It is only the responsible people who suffer from the current long-term care situation. People who planned ahead for themselves and their families. People who believed that they had “saved enough” to take care of it. People who believed their so-called “estate planners.” Whoops!

How Do You Protect Yourself And Your Loved Ones By Protecting Your Stuff?

Simple Answer. Get long-term care benefits without going broke. Medicaid wants you broke. But you do not have to accept what Medicaid wants. You can protect what you have earned. Here’s how:

How Medicaid Works

1. What If You Give Away Your Stuff?

What if you give away your stuff and then apply for Medicaid benefits? Medicaid will say, “We will not help you. You had stuff and gave it away. And so we will not pay.” This is called the “Penalty Period.” Medicaid will excuse itself for a period of time. The more you gave away, the longer Medicaid will not pay. Right now, for every $10,000 you give away, Medicaid will not pay for a month. Give away $120,000, Medicaid will not pay for an entire year! But then Medicaid will pay.

In the meantime, while Medicaid is not paying, the nursing home is suing you. And your kids. And your friends, And your first-grade teacher. And anyone else you gave stuff to. You thought you could keep the house? Ha-ha. You thought you could keep an automobile. Yuk-yuk. Whoops!

Funny thing, though. What if you gave away your stuff more than five (5) years ago? What if sixty-one (61) months ago you gave all that stuff away? Then you applied for Medicaid? Things are different. Now Medicaid does not care that you ever had that stuff at all. Does not matter.

So perhaps you should give all your stuff away. Right now. To the kids. Your neighbors. Your first-grade teacher. Then wait for five (5) years. And if you ever need long-term care after that, no problem! Medicaid does not care that you had that stuff and gave it away. Great Plan!

By now, the sharpest knives in the drawer have spotted the problem with this brilliant approach, right? If you give your stuff away, then you have no stuff. And you like your stuff. What to do?

2. What If You Give Away Your Stuff Without Giving Away Your Stuff?

How can you give away your stuff without giving away your stuff? By using a particular kind of trust, that’s how. For Medicaid purposes, you gave your stuff away. For federal tax purposes, state tax purposes, common sense purposes, you did not give your stuff away.

The IRS doesn’t think you did anything when you put your assets in this type of trust. Medicaid says you “divested” those assets. Medicaid says you gave those assets away. Medicaid starts the Five-Year Clock. Five (5) years after putting those assets into that trust, Medicaid will not count those assets as yours. And you will qualify for the Medicaid benefits you have paid for. Without sacrificing your lifesavings, cottage, other stuff.

3. Why Should You Want To Qualify For Medicaid Benefits And Keep Your Stuff?

Why? Do you like paying for the same thing twice? Are you opposed to getting any return on your tax dollars? Does the government know what to do with your money better than you do? Would it be a bad thing to get the government benefits you’ve paid for and have additional lifesavings to purchase additional goods and services? Is it wrong to get the same deal from the government that irresponsible folks get? Would it be better to be flat, busted broke and forced to go to a nursing home than to supplement at-home Medicaid with lifesavings to remain at home? Are your kids and grandchildren so undeserving and ungrateful that you’d rather give your money to the government?

4. This Is Too Good To Be True! Tricksy Stuff Like This Never Works For Regular Folks! Plus It Must Be Wrong Or Immoral Or Something Else That’s Bad Or My Planners Would Have Told Me All About It! And What If I Move Out Of State? And Give Me A Minute And I’ll Think Of Something Else…

On February 8, 2006, Congress overhauled the Medicaid system. Congress replaced 50 states going in 50 different directions with some general principles that apply to everybody. Seventeen years ago, I was shocked when this happened. The Medicaid landscape was rewritten, much to the distress of our long-term care clients. Tools and techniques that had been proven reliable were wiped out. But there was a silver lining to this dark cloud of Medicaid reform.

No longer did it make sense to wait-and-see. The environment was different. Now we had some assurance that a Michigan plan could work in Florida. Or Texas. Or South Carolina. But not California, nothing works in California.

Not only did we have a legal structure that worked from coast to coast, we could rely on that structure to be stable. And so it has proved. Over the last 17 years, thousands of these LifePlanning™ trusts have been implemented by regular folks. And they have worked. Every time. Saving millions of dollars. For regular folks. To maintain dignity. To preserve families. To keep the promise that hard work, saving, planning, and doing the right things will have good consequences for you, your spouse, your family.

For every Medicaid application involving these trusts, we submit a full copy of the trust and all the supporting documents. Total disclosure. Candid honesty. Written evidence. Full documentation. This stuff works because we scrupulously, thoroughly, exhaustively comply with every law, rule, precept, and policy.

Going broke is a choice. Your choice. It is not chance, bad luck, or misfortune.

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 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 How To Ensure Your Success appeared first on Carrier Law.

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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.

Read the Print Version

(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

The post Stuff That Never Happens, Never Happens To Folks Like You 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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“Everybody’s Got A Plan… Until They Get Punched In The Mouth”

—Iron Mike Tyson, Philosopher

Why Do 96% Of Trust-Based Estate Plans Fail?
You Paid Good Money, Why Did You Get Such A Lousy Plan?
Your Banker, Accountant, Insurance Agent, Tax Preparer, Financial Advisor, Attorney All Know Your Trust Won’t Work… Why Aren’t They Telling You?

“No plan of operations extends with certainty
beyond the first encounter with the enemy’s main strength.”

—Von Moltke the Elder, German Field Marshal

Is it easy to plan for the future? How can we anticipate changes in the law, changes in the rules, changes in our health? Sure, you like Von Moltke The Elder your kids now, but what if one of them [Fill- Creative Commons In-The-Blank]? Do things always turn out just as you expect?

For example, let’s say you are evil. And decide to invade a neighboring country. Seems like a good idea to you. Everybody thinks it’ll be super. Plus, everybody says the people in that neighboring country will welcome your bullets, bombs, death and destruction. They simply cannot wait for you to rescue them from independence. So you plan. Poorly. Who needs extra food rations or ammo? Not us! Instead, your invading soldiers pack their dress uniforms for a Victory Parade. What? Me worry?

What if things do not go according to your plan? What if you get punched in the mouth? What if your invasion takes days rather than hours? Weeks rather than days? Thousands of your guys dead? And your missiles are falling on maternity hospitals? Plus you have run out of gas, your vehicles break down, and your tires are falling apart? And because your military radios don’t work, you use open access civilian walkie-talkies. Your economy in shambles? Then what, Mr. Evil Invader Guy? Are you in deep trouble?

Maybe. But what if your primary geopolitical adversary is a corrupt career grifter whose primary skill is steering bribes to family members? What if this opponent was also an aw-shucks front for multinational corporations? What if he was well known for plagiarizing the homespun life stories of other politicians? Lucky you, Mr. Evil. Maybe you’ll be OK.

Of course, that is all so unrealistic and fantastical, it could never happen in real life. Ha ha. Mr. Evil invading a sovereign country in the heart of Europe… ridiculous! Bumbling, ineffective opposition who claims “I maybe Irish, but I’m not stupid!”… preposterous!

And since we are being so silly and ridiculous, let’s add a few more what-if’s, shall we? What if that grifting politician was also suffering from the onset of dementia? And what if the second-in-command was also a grifter, as well as a national embarrassment and disgrace? And what if the next backup replacement was, of course, also a grifter, but over 80 years old with mannerisms indistinguishable from public drunkenness? Absurd, of course, Mr. Evil Invader Guy would sure have to be lucky!

Too outlandish. But remember what Yogi Berra said:

‘It’s tough to make predictions,
especially about the future!’

What if you seek normalcy? You have had enough excitement. All you want is for things to go smoothly. Calm. Peaceful. Simple. So you plan for peace. To run things, you hire a guy who says he is a no malarkey, down-to-earth fella. And you believe him.

All of a sudden, Mr. Evil appears. Wars erupt. Prices skyrocket. Food shortages are threatened. People getting shot in the streets. Atomic war back on the table. People at each other’s throats. And all you did was hire a nice old man to take care of things for a little while so the world could simmer down. So much for your plans.

Planning is tough. No kidding. It takes a lot of work to make things work. As the Dread Pirate Roberts, a/k/a Farmboy Wesley, said to Princess Buttercup:

“Life is pain, highness.
Anyone who says differently is selling something.”

—William Goldman, The Princess Bride

Why Your Trust Will Fail, Despite Your Best Laid Plans

Your trust will fail because you will not retitle your assets to the trust. That is it. Simple. In your trust binder is a memo telling you to put your stuff into the trust. You did not do it. That is how your assets will wind up in probate. That is why your trust will not avoid probate. And because you got the memo, it is all your fault.

You have heard all this before, right? Boring! So let’s go to the next level.

How Ladybird Deeds Cost Regular Folks Millions Of Dollars
How A Ladybird Deed May Cost You $68,500 Warning: This Part Is Really Confusing

Seems like lots of folks are doing ladybird deeds. Also known as “enhanced life estate” deeds. Or “transfer on death” deeds. There are many reasons to avoid ladybird deeds, except in precise circumstances. Unfortunately, many folks (including so-called elder law attorneys) think these deeds are “Medicaid-friendly.” They cannot tell you why these deeds are so “friendly”, but they will repeat the phrase endlessly.

We are not getting into all the reasons ladybird deeds are disastrous. Like a laser beam, our focus is how the misguided ladybird deed can cost a married couple $68,500. And why the hapless, hopeless person who told you to do a ladybird deed should stick to doing something else. Like drunk driver defense or something…

As you know, this blog is an infallible source of witty repartee, banter, life lessons, and easy-to-understand concepts. What follows is none of that. So do not complain to me if you keep reading.

I call this the “Pump Up the Pie” technique. If you can have half a pie, do you want a small pie or a big pie to start? I say, let us make the pie as big as possible. This technique has saved hundreds of families well over a million dollars: Background: How It Usually Goes, The $68,500 Mistake!

1. A married couple. John and Jane. (Or Jane and Jane, etc, it’s up to you.)
2. John and Jane own a house worth $137,000. Ladybird deed to the kids. Or a trust.
3. John and Jane have a checking account with $139,000.
4. John has dementia, needs skilled long-term care, checks into a Skilled Nursing Facility (“SNF”) for the duration. At $12-$15,000 per month.
5. Jane says “Oh dear! How will I pay?”
6. The Protected Spousal Amount – Minimized By Poor Planning
a. SNF social worker says, “Jane, what do you and John own?”
b. Jane: “House with ladybird deed.”
c. SNF Social Worker: “We don’t care about that. Homestead with or without ladybird deed is exempt. What else?”
d. Jane: “Checking Account with “$139,000.”
e. SNF Social Worker: “Well, John gets to keep $2000. And you can keep one-half of what is left! Your Protected Spousal Amount, that you can keep, is $68,500.”
f. Jane: “What?”
g. SNF Social Worker; “After you ‘spend down’ to $68,500, Medicaid will pay the bills.”
h. Jane; “Oh happy day! I thought I’d go bankrupt!”
i. SNF Social Worker: “Yes, happy days are here again.”
7. Jane pays the SNF the $68,500 and 4 months later, John is on Medicaid. With a dodgy roommate. And one shower a week. And laundry service that lost all his clothes, but provides others “just as good.”
8. Jane is entitled to the “Minimum Monthly Maintenance Needs Allowance” and gets some of John’s income through the “Community Spouse Income Allowance” so she can make ends meet, month to month.

SUMMARY: When a married person needs Medicaid to pay for long-term care, the Community Spouse can keep one-half of the lifesavings up to a maximum of $137,000 (for 2022). Remaining lifesavings go to the facility for care of the Institutionalized Spouse (Or other spend-down.)
NOTE: Is it obvious that lots of details are being left out? Well, lots of details are being left out.

Planning Ahead: Do No Harm, Preserve Lifesavings

Here’s how we get John the Medicaid benefits that he and Jane have earned, without calamitous “spend-down” of lifesavings security.
1. A married couple. John and Jane. (Or John and John, etc, your call.)
2. John and Jane own a house worth $137,000. Deeded to their basic, vanilla, nothing special, garden variety, revocable living trust (“RLT”).
3. John and Jane have a checking account with $139,000.
4. John has dementia, needs skilled long-term care, checks into a Skilled Nursing Facility (“SNF”) for the duration. At $12-$15,000 per month.
5. Jane says “Oh dear! How will I pay?”
6. The Protected Spousal Amount – Maximized by Brilliance
a. SNF social worker says, “Jane, what do you and John own?”
b. Jane: “House that is deeded to our RLT.”
c. SNF Social Worker: “Oh no! That is terrible! When a house is deeded to an RLT, it is NOT exempt. It counts just as if it were cash! So sad… What else?”
d. Jane: “Checking Account with “$139,000.”
e. SNF Social Worker: “Well John gets to keep $2000.”
f. SNF Social Worker: “Now we have to figure out how much you can keep as your Protected Spousal Amount. Let’s see, there is $137,000 of house that counts like cash, PLUS, $137,000 of real cash. That is a total of $274,000. And you can keep one-half! You can keep $137,000.”
g. Jane: “That’s great! With a ladybird deed I could only keep $68,500.”
h. SNF Social Worker: “Yeah, but now you have to sell the house. And give us the money.”
i. Jane: “Urk!”
7. Jane has a Special Telephone Conversation with her Attorney from the parking lot:
a. Jane: “#@*^%#!!! $@!#$%!!!”
b. 20 minutes later…
c. Attorney: “Jane?”
d. Jane: “I can’t believe you cost me my house! You are Mr. Evil. -)<>(-@#$!!”
e. Attorney: “I may be Irish, but I’m not evil.”
f. Jane: “Prove it!”
g. Attorney: “Because the house was in the trust on the first day of continuous care, which is also called the Initial Asset Assessment Date, or the snapshot date, the house counted as cash.”
h. Jane: “I already know that you hellhound!”
i. Attorney: “Because the house counted as cash, your Protected Spousal Amount (aka Community Spouse Resource Allowance) is maxed out at $137,000.”
j. Jane: “Enough with the double-talk you shifty shyster. You cost me my home!”
k. Attorney: “No, not at all… because we anticipated this situation and wrote the trust and the powers of attorney as we did, you can now deed the house out of the trust to you and John.”
l. Jane: “So what?!”
m. Attorney: “So now, the house is not countable cash, it is exempt homestead once again!”
n. Jane: “You mean it just disappears?”
o. Attorney: “No, we account for the house to the Medicaid folks, but now it is exempt homestead, because it is in your name and John’s.”
p. Jane: “David, is this legal?”
q. Attorney: “Oh yes, Bridges Eligibility Manual 405 says ‘Converting an asset from one form to another of equal value is not divestment even if the new asset is exempt.’ We are converting your home from countable asset to exempt homestead.”
r. Jane: “I think you’re giving me the old razzamatazz!”
s. Attorney: “What we have done together is a plan that just saved you $68,500, because John immediately qualifies for Medicaid without any spend down.”
t. Jane: “That’s OK, I guess.”
8. What if Jane dies first?
a. Jane: “But what if I die first? Then John owns the house and all the assets and they all melt away like snowflakes on a hot griddle!”
b. Attorney: “Good point. So here’s what we do next:
i. Deed the house from John to Jane, only.
ii. Amend the RLT to provide that at Jane’s death, if John is still alive, the RLT assets, including house and money, all go to a new trust established by Jane’s will.
iii. Deed the house from Jane to the RLT, but NOW using a ladybird deed. This way the house does not actually transfer until Jane dies. This way the house does not count like cash.”
c. Jane: “Why do I have to do a new trust established by my will? That sounds like make work for you lazy lawyers!”
d. Attorney: “Honestly, I don’t know why they make us do it this way, but BEM 401 says the trust must be “established by a will” or all the assets will count against John.”
e. Jane: “But you keep saying that wills mean probate!”
f. Attorney: “Yes, there is a two-page filing in probate court to set up this trust for John, but no inventory or accounting. Simple and quick. First with experience and quality.”
g. Attorney: “Now all the family assets are held for John’s benefit.”
h. Jane: “That’s OK, I guess.”
9. What happens when John dies?
a. Jane: “So what happens to the leftovers after John dies?”
b. Attorney: “The trust in your will says to put the assets back in the original trust after John dies, so the distribution to your kids and beneficiaries stays private and out of the probate court.
c. Jane: “Well, you certainly seem to have thought of everything!”
d. Attorney: “Yes, we are amazing!”

If you are still reading this, you may be getting the idea that there’s a lot going on here. And you would be correct. The bigger question: Is it worth it?

Even If This All Works… Is It Worth It?

Imagine that your dad is a high-flying politician. That you are a crack-smoking, self-indulgent, profane, idiot who likes to video his sex and drugs and rock n roll on his laptops. And then lose various laptops at least 3-4 times. Imagine that you can break all the rules because you funnel the back channel bribe money to Pops. Welcome back my friends to the show that never ends… Money just keeps flowing…

Well, if that is you, what does $68,500 mean? Seriously, $68,500 is last night’s bar tab, not including the broken furniture or “room service.” To some people, $68,500 is not much. Certainly nothing to worry about. But what is $68,500 to Jane? John is not around to fix things. Not here to cut the grass. Or shovel the snow. Not running errands anymore. How is Jane supposed to cope? Especially with her financial security cut in half? What is $68,500 to Jane? It is making sure John gets all the care he needs… whether Medicaid will pay or not. That money is a lifetime of blood, sweat, tears, and coupon clipping. Common sense frugality that provided a comfortable way of life. That should not be sacrificed because some clown with a shingle or a shiny website can’t be bothered to learn how this stuff really works.

Can You Really Do That? Is That Legal?

Faithful readers know that we do not write the rules, we merely read them. And report the results to you. Not making stuff up. Whose fault is it that nobody told you about these things? Sure, the blame game is pretty popular with some folks. We think it is better to light one candle than curse the darkness. Let’s take it from here without the coulda, shoulda, woulda, shall we?

This “Pump Up the Pie” technique has been used by many families over the last 30 years. Saving millions. Legal? As the day is long. Approved repeatedly over the decades by the Michigan Department of Health and Human Services. Because it is the law. Of course, applications must documented to a fare- thee-well. Hundreds of pages of audit-proof financial records. So, yes, you can really do that. If you do it correctly.

Why Would Medicaid Let You Get Away With Such Pie-Racy?

Is it piracy when the State lets you keep some of what you have earned? Is it ridiculous for you to get a bit of return on your tax dollars? Do you deserve nursing home poverty?

Of course, the State answers, “Yes, yes, a thousand times yes!” to these questions. So why do they allow us to Pump Up the Pie? Who knows? Probably because most families are not aware of it and do not get to keep as much as they should. It is not that big a deal for them. It is a big deal for you, and that is what LifePlanning™ is all about.

Is Now A Bad Time For A Real Solution?

Do you have all the answers? Maybe you do not see any problems at all. Is it 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 Can Your Plan Survive A Punch In The Mouth? appeared first on Carrier Law.

Read the Print Version

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

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

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

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

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

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

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

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

Abundance. Prosperity. Wealth.

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

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

How do I know? Glad you asked…

Extreme Poverty Almost Gone

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

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

Got Personal Hygiene?
Get Running Water and Toilets…

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

Who Needs Banks and Banking Services The Most? Poor Folks

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

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

The future is middle class.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Huge Dirty Secret of Trust-Based Planning

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

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

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

How Do They Get Away With Such Piracy?!

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

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

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

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

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

American Middle-Class Values
Are The Wave Of The Future

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

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

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

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

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

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

Get Information Now. 800-317-2812

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

Answers to your questions
Note: Not Legal Advice!

Can I sell my Mother’s house as successor trustee of her trust. After she gets approved for Medicaid? My mother has dementia and I’ve been successor trustee for years. Her house is in a reverse mortgage and the only item in her trust. I will need to sell it, but how will that affect her Medicaid? Can I move the profits into an acct for her medical needs? A sitter or companion at the facility? After her death I’ll disburse what’s left to her heirs? Or will I have to sign the profits to [Medicaid] at sale?

You Must Sell The House… Or Be Foreclosed!

If Mother is out of the house for twelve (12) consecutive months the Reverse Mortgage Lender can foreclose and force a sale. Special COVID rules now delay foreclosure. And since COVID rules mutate faster than a foreign virus, call us for the latest updates. Or. You can sell the house and repay the Reverse Mortgage Lender. How much do you have to repay? Whichever is less of: 95% of the appraised value or whatever is owed on the reverse mortgage. You keep the leftover money. And since you only have to repay 95% of the appraised value, there will likely be leftovers. Which brings up another issue:

The Problem What To Do With The Leftover Money?

You must report the sale of Mother’s homestead. You have ten (10) days from the closing. Then you must tell Medicaid that the exempt homestead is gone. And that Mother has more money. More money than the $2000 Medicaid lets her keep! So next month, Mother’s Medicaid will end. And Mother will have to spend the homestead money until it is all gone. And then Mother may reapply for Medicaid. New Development: January 2021 spend-down rules prohibit Mother (or you) from spending this money to buy furniture or household goods.

Some Solutions And Strategies

NOTE #1: Your question involves reverse mortgage. However. These strategies can be used by any family considering homestead sale.

NOTE #2: Death is a factor in solving this situation. Money is another factor. Is that harsh or just clear-eyed planning? It seems insensitive to say that “Death is a Planning Opportunity”. Or to be concerned about money when a loved one is in need or dying. But going broke by ignoring reality? That’s worse than harsh or insensitive. Ignoring reality is stupid. And you cannot fix stupid. Let us remember: “Money is Choices.” Folks on Medicaid with money can pay for a private room. Or laundry service. Or a Certified Nursing Assistant. Your money that you earned can improve your quality of life in long term care. That is just the fact. And who knows? There might even be a few bucks left for the kids.

Easy, Easy, Easy! The Pooled Trust

1. Sell the house. Right now. As soon as you empty it of family heirlooms, keepsakes, bric-a-brac and your 3rd grade art projects that Mother has kept all these years.
2. Use a Charitable Pooled Trust.
-a. Deposit the sales proceeds in a pooled trust.
-b. A pooled trust is organized, created, and operated by a nonprofit organization. The nonprofit is the trustee.
-c. The nonprofit takes money from many folks on Medicaid and pools it all together. They then invest the pool of money.
-d. Each person putting money into the pool has a separate account.
-e. The Pooled Trust trustee spends Mother’s account money for Mother’s needs.
-f. No Age Limit!
-g. At Mother’s death, the nonprofit charity keeps the leftover money for its charitable purposes.
3. Upside/Downside
-a. Upside: Super Easy. Barely an inconvenience! Pooled Trust trustees tend to be understanding and generous spending Mother’s money on Mother.
-b. Downside: Nothing for the kids.

Easy, Easy! The Medicaid Payback Trust

Go to your friendly, neighborhood probate court. Get a court order creating a (d)(4)(A) Medicaid Payback Trust. Depending on the county, the local probate judge may have a well-established procedure for this.
1. Sell the house. Get the money.
2. Use the Medicaid Payback Trust.
-a. Deposit the sales proceeds into the Payback Trust account.
-b. You created the Payback Trust. You are the trustee.
-c. You spend the money for Mother’s needs.
-d. AGE LIMIT: Must be under 65 years old!!
-e. At Mother’s death, Medicaid gets the leftover money as payback.
3. Upside/Downside
-a. Upside: Still easy, although you need a lawyer. As trustee, you have complete control so long as you spend the money for Mother.
-b. Downside: Must account to probate court. Nothing for the kids.

Not So Easy – Delay, Delay, Delay! This Is Where It Gets Complicated!

Michigan allows the family to keep the homestead while Mother is on Medicaid. But the reverse mortgage company says sell, sell, sell… and pay us back.

Michigan also says, if the homestead goes through probate, Michigan gets the homestead money to pay back Medicaid. So we must plan to avoid probate. Why? So that Medicaid does not get all the homestead sale money.

And that is why we play to delay. The reverse mortgage company must give 12 months. And with COVID, it is longer. In those 12 months, Mother may need additional care or services. Or Mother may die.

While Mother Lives – Before The Sale

While Mother lives and the homestead is not yet sold how does Mother get additional services? The kids pay for the services. But! Whoever puts up the money gets a promissory note secured by the homestead. The generous kid gets paid back after the reverse mortgage company but before anyone else. We are using the homestead to leverage additional care for Mother.

Mother Still Lives – 12+ Months Later – Must Sell

If Mother survives. Now we must sell the homestead. Close on the sale. Reverse mortgage company gets paid. Generous kid gets paid. Leftovers go to Pooled Trust or Payback Trust.

Mother Dies Before Forced Sale Of Homestead

If Mother has died. Must sell homestead. Avoided probate with trust. Trustee sells homestead. Reverse mortgage company gets paid. Generous kid gets paid. Leftovers divided among all living kids or whomever else Mother chose as beneficiaries.

To Infinity!

Are there a bewildering number of choices, options, permutations, and possibilities? Darn tootin’! Confusing? Mebbe! Worth it? Yes, indeedy! By taking the trouble, you have insured that Mother gets the best care possible. You avoided Nursing Home Poverty. You enabled Mother to get a return on the years that she and Father invested. And there will (may) be leftovers for the kids.

If it was oh so very easy, everyone would be doing it. It is not easy. Which is why most fail. But not you, not your family.

And Beyond!

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… Live or Zoom Webinar… It is INTERACTIVE!

(800) 317-2812

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What Comes Next Is Frequently Worse

Death Comes For Us All

Our time on this planet is limited. We do our best while we are here. To be a good spouse. A loving parent. A loyal sibling. A true American. To be able to look back on a life well-lived. You have worked hard. You played by the rules. You planned. And when you pass, there will be leftovers.

Maybe it is a loved one who has died. After the grief comes the realization that you have a big job to do. You are responsible to take care of what has been left behind.

Now what? What comes next? You have heard the stories of family strife. You “know” that this will take at least a year, probably two. You keep hearing that probate or trust administration costs will swallow up 4-10% of the leftovers. Pretty discouraging.

It does not have to be that way. Let us show you.

Will vs Trust

Wills only work in probate. A will is simply instructions to the Probate Court and the Personal Representative (Executor). Wills do not avoid probate. Did I mention that the will only works in Probate Court?

Millions of families have believed that revocable living trusts would avoid probate for them. Millions of families have been disappointed. Trusts only work on assets that have been retitled into the trust.

Attorneys, bankers, accountants, insurance agents, annuity salespersons, financial advisors, and the guy who mops the floor at the bank all know something that you do not. Everybody else knows that trusts do not work in the real world. That fact has nothing to do with the trust itself.

Trusts only work on stuff in the trust. And your stuff is not in your trust. Inconceivable!

Remember all those papers in that trust binder? All those papers you did not read? All those papers your loved one did not read either? Well, there was a memo about putting assets into the trust. Whoopsie. Say hello to probate! This is not a mistake. New estate planning lawyers are taught not to worry about funding, in reliance on probate. I wonder if the probate attorney fees have anything to do with it… Inconceivable!

Everybody knows you will not put your stuff into the trust. That is why you get a Funding Coach at the Law Offices of David L. Carrier. Someone to help you, nag you, enable you. To truly avoid probate. And nursing home poverty.

Simple will or the typical trust? Does not matter. Say hello to probate.

Delay Destroys De Family

Probate or trust administration drags on. Month after month. Family members wonder what is going on. One year. Two years. And on. Family fights fester. First, grief at mom’s death. Then, impatience. Soon, annoyance. Next, suspicion. Finally, anger.

“But our kids get along so well!” Check back 12-24 months after your death. No final resolution. No visible signs of progress. Tough? You bet. Inevitable? No way!

Git ‘Er Done! Six Months Or Less!

Preserve your family. Preserve your sanity. You do the grieving. We do the paperwork. Six months after you say “Go!”, we say “All done!” And four months of that time was required by the newspaper Notice to Unknown Creditors. Consistent communication calms kids.

Your Probate And Trust Administration Team

Attorney Terri Macklin and Senior Paralegal Lea Dillard head up your Team. Our staff accountants, paralegals, and client service agents back them all the way. Attorney Claire Clary rounds out the Team. As former executive director of Widowed Persons Services, Claire adds years of insights from helping hundreds of newly widowed persons.

Six Months! Really?

Not every time. But it is always our goal. We work hard to beat your expectations. Hundreds of times, hundreds of families, every year.

Unexpected Covid-19 Deaths Are Rising

You did not expect your loved one to pass so soon. You thought you had time. They did too. Things will get worse before they get better. Get help now.

What Now?

Preserve your family. Preserve your sanity. Call the Probate and Trust Administration Team now. It costs nothing. It could save your family. Make the rules work for the folks who play by the rules.

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

Send Email: TMacklin@davidcarrierlaw.com

Never a charge to talk. What are you waiting for? “What could it hurt?”

The post Death In The Family Is Always Painful appeared first on Carrier Law.

Many of us enjoy DIY (Do It Yourself) projects. Your ambitions could range anywhere from minor painting to remodeling the bathroom. Why not tackle the whole house? Most of us have the skill to do some minor repairs. But how many have plumbing, electrical, or dry wall talents?

Minor cosmetic home repairs won’t get you in too much trouble. Leave those load-bearing walls alone! But… running electrical circuits or plumbing to a new room takes on some serious risks. Botched wiring means short circuits and fires… shocking! You’ll be crying a river when your amateur plumbing imitates Niagara Falls. Running a gas line to a stove or dryer? What could go wrong? Ka-boom!

What, Me Worry?

Usually when we do our own home repairs, we understand the risks that we are taking on. But what about drafting your own Will or Power of Attorney documents? What is the harm? Many folks think: “I can just download some forms, fill in the blanks and I am all set! So easy!” Right? It’s like using extension cords to wire your house. Scotch tape to seal plumbing joints! Why would you risk your life savings on “free” online forms?

Danger, Danger, High Voltage!

When home remodeling, beware bare wires, leaking pipes, asbestos, and creepy crawly’s. When remodeling your Estate Plan, here are some of your risks with DIY online forms:

1. Healthcare Power of Attorney. What powers should be in these documents? Do you know that if they are not drafted properly, you could be in Probate Court to have a Guardianship setup? This causes more stress, delays and (no big surprise) surprisingly large expenses. Did you forget the Advance Directive? HIPPA? Funeral designee?

2. Financial Power of Attorney. An appropriate Financial Power of Attorney document can preserve your assets… keep you from going broke. Proper advance planning minimizes risks. But what if your bargain basement POA lacks “extraordinary” powers? It may cost you very little or it could be in the hundreds of thousands of dollars. Why would you risk botching such an important document?

3. Trusts. When was the last time you drafted a Trust? How did that work out? What provisions are prudent for your specific facts? Should it be revocable or irrevocable, or one of each? What powers should the trustees have? These are a few of the questions to ask. Do you know how to fund a Trust, or even what this means? Do you think it could be expensive to have the wrong Trust setup that is not funded? Maybe “FREE” is the costliest of all…

Safe And Secure

Your LifePlan attorney has already helped hundreds of families like yours. You worked your whole life to save for the Golden Years. Now you are going to bet your life savings on generic, freebie forms. Thinking that you can save some money? You may never recover from that mistake if you don’t know what you are doing.

Written by Attorney Jim Henke

Call the Law Offices of David L. Carrier today at (800) 317-2812

We Make the Rules Work, for the Folks who Play by the Rules!

The post Handy Andy Ain’t Got Nothing On Me! appeared first on Carrier Law.

Good Idea or Big Mistake?

When Mom died, she left ownership of her home to me and my sister. We both live in the home. My partner, Billy, also lives in the home. My sister told Billy that he must start paying her rent. She said that if he doesn’t pay rent that she will evict him from our home. Can this even be possible? This is not the harmony I think Mom expected when she left the house to us.

As a co-owner, you are either a “joint tenant” or “tenant in common.” That means you can have guests. Your sister may not like having Billy under the roof, but there is nothing she can do about it. You don’t even have to pay taxes or upkeep if you are joint tenants with rights of survivorship.

Many folks want to give house, land, cottage, farm “to the kids.” Then Mom makes the Big Mistake. Mom somehow believes the co-owner kids will “get along.” So, Mom “puts the kids on the deed” directly or through her will or trust. It is worse now with many folks doing so-called “ladybird” deeds.

Lady bird deeds transfer ownership on the original owner’s death. Lady bird deeds do avoid probate. They are said to be “Medicaid friendly.” But after Mom dies, there are no rules. Each person named on the deed has an “undivided interest” in the property. Each person can use the property at all times. This way lies madness!

Sometimes the deed states “joint tenants with rights of survivorship.” As the philosopher Jean Paul Sartre observed, “There is No Exit.” You cannot go to court to end the insanity. If you were to give your share to the others, Medicaid will penalize you. And the others may not want your share and don’t have to take it.

Sometimes the deed simply states all the kids’ names in a row. No “joint tenant” language. Good news! Now the kids can sue each other for “partition.” They must prove to the Court’s satisfaction that they cannot cooperate. Then the Court will order a sale and division of what’s left after court costs and attorney fees.

Blessing or Curse? An ounce of prevention equals a pound of cure. Want family harmony? Want to keep the family house, land, farm, cottage? Better to explore all the possible “What if’s” and set it up properly ahead of time.

We can help avoid family conflict. Call 800-317-2812 and schedule an appointment today.

The post Leaving Kids as Co-owners of Property appeared first on Carrier Law.