Setting Up Your Estate Plan in Michigan

There are few things that are more important than careful estate planning. All adults, no matter how young or old, need a well-crafted estate plan. It is imperative that you consult with an experienced Grand Rapids estate planning lawyer who can help you set up a plan that fully protects your legal rights and the interests of your family. When setting up your estate plan, the following three issues must be addressed:

  1. Protection for yourself: The simple fact is that there may come a day when you will not be able to make decisions for yourself. To protect your legal, financial and medical interests, you should set up a durable power of attorney and an advance healthcare directive. By doing so, you will empower trusted loved ones to make important decisions for you in the event that you are no longer able to do so.
  2. Protection for your family: If you have children, your estate plan needs to fully account for their protection. In fact, your estate plan should provide protection for anyone that relies on you. Whether it is a relative or even a beloved pet, your estate plan should make arrangements that considers their unique needs.
  3. Protection for your assets: Finally, a proper estate plan must account for the full extent of your assets. A will is one effective way to transfer property, though it is not the only way to do so. It is often also not the best way to do so. Many people in Michigan can benefit from other estate planning tools, such as a family trust.

Setting Up a Family Trust

A Michigan family trust is an estate planning tool that will allow you to efficiently distribute your assets to your heirs. The following is a list of four basic steps that are required to set up a trust in Michigan:

  1. Select a trustee: The trustee is the person who is in charge of the assets within the trust. He or she will be responsible for collecting, managing and eventually distributing all of the trust’s assets.
  2. Select the beneficiaries: You also must select the beneficiaries for your trust. These are the people, or perhaps single person, who will eventually be able to claim the assets within the trust. In Michigan, a person does not need to actually be a family member to be selected as a beneficiary of a family trust.
  3. Determine what assets will be included: You will need to select the specific assets that will be included in your trust. A trust is not a ‘catch-all’ asset distribution tool. You must assign assets to the trust. A wide range of assets can be transferred to a trust, such as real estate, vehicles, money, an investment account, and even valuable heirlooms.
  4. Transfer assets into the trust: Finally, Michigan family trusts must be fully funded at the time of creation. This means that assets must be properly titled in the name of the trust or you will lose out on the important benefits that the trust provides. While this can be a complicated process, an experienced Grand Rapids family trust lawyer can help.

Do You Need Legal Assistance?

At The Law Offices Of David L. Carrier P.C., our team has extensive experience helping Michigan families prepare themselves for the future. If you are beginning to think about the estate planning process, please join us at one of our Grand Rapids LifePlan Workshops. Please do not hesitate to reach out to us today to learn more, we look forward to hearing from you!

[vc_row row_type=”row” use_row_as_full_screen_section=”no” type=”full_width” text_align=”left” css_animation=”” box_shadow_on_row=”no”][vc_column][vc_column_text]Thank you…thank you…thank you, to all who walked or donated…family, friends, LifePlan members, friends of friends… Carriers Cavalry raised $5299.64 for the Alzheimer’s Association Walk to End Alzheimer’s®

It was a spectacular day with over 1,300 walkers.

Extra special appreciation and heartfelt thanks to my friend, Terri DeBoer, who emceed the Promise Garden ceremony. She generously shared her family’s personal journey with Alzheimer’s. We were blessed to have her there.

Vist our Carrier’s Cavalry team page here[/vc_column_text][vc_separator type=”normal” up=”20″ up_style=”px” down=”20″ down_style=”px”][vc_masonry_media_grid grid_id=”vc_gid:1476300057094-968c02ed-aa48-0″ include=”58665,58664,58663,58662,58661″][/vc_column][/vc_row]

As we age, we all need to accept the fact that we might need long-term care. You and your family must be prepared to handle the costs of long-term care. More than any other expense, long-term care costs drain the hard-earned life savings of many Michigan families. Did you know that the average cost of a nursing home in Michigan is now approaching $250 per day? Many facilities cost far more than that. The simple fact is that you can do virtually everything else right and you can still be sunk by long-term care costs. The good news is that you can protect yourself by contacting an experienced Grand Rapids Medicare planning lawyer who can help you prepare for long-term care issues.

The Cost of Long-term Care Sinks Many Michigan Families: What Can Be Done?

Self-paying for long-term care sinks far too many seniors in western Michigan. While Medicare pays for many of the much needed health costs of seniors, it falls far short when it comes to long-term care. Fortunately, Medicaid does offer some potential assistance. Many Michigan seniors assume that they will not qualify for Medicaid, and therefore, they never take advantage of this option. This means that they are stuck self-paying for care, as a result, they will quickly burn up their life-savings. Something needs to be set straight: as a Michigan senior, you have spent decades paying into the Medicaid system and you deserve your full and fair long-term care benefits. Do not simply assume that you will not qualify. If you are facing crushing long-term care costs, our team will help by:

  • Assessing your Medicaid eligibility: There are strict financial requirements for qualification, though many more seniors qualify than most people realize. Medicaid uses financial means tests that are extremely complicated. An attorney can help ensure that your assets are fairly calculated under these tests.
  • Setting up protection for your hard earned assets: It is also important that your estate, and assets, are properly structured. This must be done correctly, otherwise assets that are entitled to be protected may be exposed to long-term care bills.
  • Assisting you through the complex application process: As with many other government applications, the process for applying for Medicaid long-term care benefits can be confusing. A small mistake during the process could result in your application being denied or substantially delayed. As was mentioned previously, with nursing home costs averaging over $250 per day, a delayed application could quickly become financially devastating.

Ultimately, you need to ensure that you and your family are financially protected. If you have any questions about the cost of long-term care, or estate planning in general, please contact an experienced Grand Rapids elder lawyer for immediate legal assistance.

Contact Our Office Today

At The Law Offices Of David L. Carrier P.C., our team handles a wide variety of elder law and estate planning issues. This includes Medicaid crisis planning, probate, family trusts and much more. If you are in the Grand Rapids area and have estate planning concerns, we highly encourage you to join us at one of our upcoming LifePlan Workshops. Our friendly and experienced team will teach you what you need to know about estate planning. Please do not hesitate reserve your seat today.

Most people in Michigan have at least a vague understanding of how wills operate. This is certainly a good thing, as wills are extremely important and are an essential estate planning tool. However, they are far from the only asset distribution tool available. For many individuals in Michigan, a family trust is actually the best way to set up the distribution of their assets. If you want to know if a family trust is right for you, or if you have any questions about setting up a Michigan family trust, please do not hesitate contact an experienced estate planning attorney today to learn more about your legal options.

Family Trusts: Understanding the Basics

Wills and family trusts can both be used to pass on assets to heirs. For this purpose, a family trust often provides key advantages over a will. Family trusts are also cost-effective and relatively easy to set up. Even though a trust is a simple tool, it is an extremely powerful one. The basic process for establishing a trust is as follows:

  • You must determine who will be the beneficiaries of the trust;
  • You must select the specific assets that will be included in the trust; and
  • You need to consult with a qualified attorney who will be able to draft the trust document and who will ensure that your assets are properly transferred and titled so that they are fully protected by the trust.

Is the Right Time to Set-up a Trust Now? Four Questions to Ask Yourself

  • Do you want to keep full control over your assets?
  • Do you want a flexible estate plan that can be altered at any time?
  • Do you want to avoid the costly and time-consuming process of probate?
  • Do you want to reduce the risk that a dispute will arise over your assets?

If you answered ‘yes’ to any of those questions, you should consider setting up a trust today. In fact, for many people, the right time to set up a trust is now. Far too many people are not taking advantage of the full range of estate planning options that are currently available to them. In the unfortunate event that you pass away, your family trust will ensure that your assets are distributed as efficiently and painlessly as possible. Additionally, during your lifetime, you will always have full control over the assets that are in the trust. At any moment, you can make changes to your trust so that it is always updated to your current wishes. Further, you could even revoke your trust entirely. The bottom line is that with a family trust, you will never lose control of your assets or any flexibility to make changes.

Contact Our Office Today

At The Law Offices Of David L. Carrier P.C., our team has helped many families find the estate planning solution that best fits their needs. If you have any questions about family trusts, or estate planning in general, please do not hesitate to contact us today. Our firm has offices in Grand Rapids, Norton Shores, Holland and Portage and we proudly serve families throughout western Michigan.

When it comes time to choosing a Medicare plan, it can be difficult to know which type of coverage is best for you. We understand how complicated insurance plans can be, especially when you are an older adult in need of frequent medical care and prescription drugs. The important thing to remember is that different plans can be better or worse for your needs, and you can always seek advice from an experienced Grand Rapids Medicare planning lawyer.

According to a fact sheet from Medicare.gov and a pamphlet from the AARP Foundation, there are a number of questions that you should ask before choosing or changing your Medicare coverage. To better understand some of the questions you should be asking (and the types of answers you should be seeking), we would like to discuss some helpful “Dos and Don’ts” when it comes to selecting or changing your Medicare coverage.

Take the Following Questions Into Account When Choosing Medicare Coverage

What should you absolutely do before you select or change your Medicare coverage? The following tips from Medicare.gov and the AARP Foundation can help:

  • Inquire about how your specific medical needs will be covered by different plans;
  • If you visit your doctors’ offices with some frequency, do choose a plan that is most economically efficient in terms of monthly premiums and deductibles (keep in mind that lower monthly premiums usually mean higher deductibles, but if you go to the doctor enough, it might make sense to pay a higher monthly premium for a lower deductible amount);
  • Choose a plan with coverage that your doctors already accept, as you likely will not want to change physicians simply because you have selected a new insurance plan;
  • Find out if the plan you are considering will require you to get a referral in order to visit a specialist;
  • Ask about whether your current prescriptions are on the drug list of the plan you are considering (this is also known as a “formulary”);
  • Inquire about whether you will need to join a Medicare Prescription Drug Plan;
  • If you already have prescription drug coverage, do learn more about whether you will have to pay a penalty if you join a Medicare Prescription Drug Plan later on;
  • Find out how much your prescription drugs will cost under the plans you are considering;
  • Choose a plan that allows you to visit doctor’s offices and pharmacies that are nearby;
  • Ask if your plan’s coverage will continue if you travel outside of Michigan, including within the U.S. and outside the country; and
  • Last but not least, do seek help from an experienced Grand Rapids Medicare planning law firm.

Do Not Enter into a Plan Without Understanding Its Costs and Benefits

What should you avoid when choosing a Medicare plan? Based on the “Dos” we listed above, you might be able to guess as some of the “Don’ts,” but in brief, do not do any of the following when selecting a Medicare plan:

  • Do not choose a plan that will cost you more money in the long run;
  • Do not choose a plan that will prevent you from seeing your doctors or visiting your regular pharmacy;
  • Do not choose a plan that has a poor rating; and
  • Do not make a decision without consulting with an experienced elder law attorney.

Contact a Medicare Planning Attorney in Grand Rapids, MI

At The Law Offices Of David L. Carrier P.C., we know that a person’s choice in Medicare plan can have a significant impact on the type and quality of care they end up receiving. If you have questions about choosing the Medicare plan that is best for you, one of our dedicated Grand Rapids Medicare planning attorneys can help. Contact us today to discuss your options.

Top Questions About Estate Planning | Law Offices of David L Carrier

You might have heard friends and family members discussing the values of estate planning, and you may have wondered whether you should be talking with an estate planning attorney. Generally speaking, nobody likes to think about estate planning, from questions concerning end-of-life care to wills and inheritances. Yet regardless of age, it is extremely important to think about estate planning and to discuss your options with an experienced Grand Rapids estate planning lawyer. Indeed, estate planning can help to ensure that your wishes are carried out regardless of your own mental or physical capacity, and safeguard can help to safeguard your requests with regard to your property and assets.

While many Grand Rapids residents recognize the importance of estate planning, this area of the law often leaves people with questions about how it works. The following are the top three frequently asked questions we received about estate planning in Grand Rapids, MI:

What is Estate Planning?

So, you have heard your neighbors, co-workers, and perhaps even family members talking about meeting with an estate planning lawyer. But what is estate planning, exactly? In short, according to the American Bar Association (ABA), estate planning is the process of planning for the legal disposition of your current assets and any assets you obtain in the future, as well as making arrangements for end-of-life care.

As such, estate planning allows you to determine who will inherit your property upon your death, but it also allows you to make decisions about who will handle your finances and medical care in the event that you are unable to do so yourself. We cannot stress enough that everyone, regardless of age or income, should speak with an estate planning law firm about the future. As the ABA points out, about 55 percent of all Americans die without a will or any estate planning documents, and this can create significant difficulties for loved ones.

What Documents Will I Need to Create?

Estate planning is complicated, and it is extremely important to seek assistance from an experienced Grand Rapids estate planning attorney. Some of the following documents that typically are part of an estate plan include but are not limited to:

  • Will: your will allows you to choose how your property will be distributed upon your death. Generally speaking, you can be as specific as you want to be, naming as many or as few beneficiaries as you see fit.
  • Financial (or “durable”) power of attorney: this document allows you to name someone who will handle your finances in the event that you become incapacitated and cannot handle your finances yourself.
  • Medical power of attorney: this document allows you to name a person who will make medical decisions for you if you cannot do so yourself.
  • Advance directive: this document allows you to make clear what your medical wishes are with regard to life-saving treatment in the event that you cannot communicate those wishes yourself.

What Happens If I Do Not Have a Will or Other Estate Planning Documents?

If you become incapacitated and cannot make decisions for yourself, the state of Michigan may appoint a guardian under Michigan law. If you die in Grand Rapids without a will, the will result in your assets being distributed to family members. Specific distribution depends on how many surviving family members you have at the time of your death.

Contact a Grand Rapids Estate Planning Attorney

If you have questions about creating a will, a power of attorney or other estate planning documents, you should speak with a Grand Rapids estate planning attorney as soon as possible. At The Law Offices Of David L. Carrier P.C., we have years of experience helping Michigan residents with various aspects of estate planning. Contact us today to learn more about our services.

While estate planning is important for avoiding unnecessary taxes and for making sure that your assets are passed on to the next generation in accordance with your wishes, there is another benefit that is rarely talked about. Establishing a LifePlan and having your financial affairs in order can afford you a tremendous amount of piece of mind. You’ve worked hard for what you have and having a solid LifePlan can help you thrive and enjoy everything that you’ve worked for.

What Is A LifePlan?

A comprehensive LifePlan is much more than just a financial plan for the future. At The Law Offices of David L. Carrier we embrace a team approach and work with our clients’ banks, financial advisors, and brokerage firms to craft the financial aspects of your estate plan, as well as drafting the necessary legal documents that will make your plan a success. While each client’s needs are different, an estate plan can easily include the following documents:

  • Revocable Living Trust: A trust that goes into effect during the creator’s lifetime and can be revoked.
  • Protection Trust (Irrevocable Trust): A type of trust that cannot be changed or altered after it is created.
  • Last Will and Testament: A legal document that dictates who will receive your assets when you die. If you have minor children then your will can also appoint a guardian to take care of your kids in case you die while your children are still minors.
  • Health Care Power of Attorney: A legal document that names someone to make medical decisions on your behalf if you are incapacitated and unable to speak for yourself.
  • Financial Power of Attorney: A legal document that names someone to make financial decisions on your behalf if for some reason you are not able to speak for yourself.

Why Is Estate Planning Important?

Many people put off estate planning because they are uncomfortable thinking about a time in the future when they may be incapacitated or dead. While this sentiment is completely understandable, planning for the future is very important and is certainly worth the hassle. If you need a bit of convincing check out the American Bar Association’s list of things that estate planning can do for you. This list includes:

  • Providing for your family after you’re gone;
  • Allowing your beneficiaries to access their inheritance quickly;
  • Minimizing the taxes that your estate will be required to pay;
  • Easing the strain on your family by making funeral arrangements for yourself before you die; and
  • Ensuring that your business continues smoothly after you pass away.

Need Legal Advice?

If you live in Michigan and are ready to create a LifePlan, or if you are interested in modifying a plan that you already have, contact our offices for a consultation with David L. Carrier today. The documents involved in a LifePlan can be complicated, but our dedicated team is happy to answer any questions that you have. Let David Carrier use his years of experience in estate planning to help you craft a LifePlan that meets the needs of you and your family.

We all hope to live long healthy lives, but this dream can be expensive, especially if you live in a nursing home in your old age. According to the National Center For Health Statistics, approximately 1.4 million Americans currently live in long-term care nursing homes across the country. In Michigan, the typical cost to rent a room in a nursing home that has two residents to a room and four to a bathroom is approximately $300 per day. But what is included in that price? The answer to this questions really varies from facility to facility, but often the price tag includes custodial care (meaning that the resident has help getting out of bed, bathing, dressing, and feeding), management of any medications that the resident needs, and all meals. Clearly the long-term care costs in Michigan will add up quickly and therefore it is a great idea to discuss your estate planning options with an experienced elder law attorney in order to ensure that you are in the best possible financial shape as you enter your golden years.

How Do Seniors Pay For Long-Term Care?

While the price tag associated with long-term care in Michigan can seem daunting, take comfort in the fact that there are several ways in which seniors pay for such care. The most commonly used options are briefly outlined below:

  • Long-Term Insurance: Long-term insurance is an insurance product that helps pay for long-term care such a living in a nursing home in your old age. However, make sure that you completely understand the terms of your policy as some long-term insurance policies do not pay the full daily cost of living in a nursing home and others contain maximum benefit amounts.
  • Self-Pay: Some seniors pay for their long-term care themselves by selling off their assets. However, we don’t generally recommend this path to our seniors as this strategy may eventually leave you without any money left at all.
  • Medicaid: Medicaid is a need-based government program that pays for long-term care for qualifying seniors. At our law firm we do everything in our power that is legally and morally permissible in order to qualify our clients for Medicaid so that they can retain as much of their savings as possible.

Do Most Nursing Homes Take Medicaid? What About Medicare?

First off, it is important to note that there is a difference between Medicare and Medicaid. While these terms are often confused, it is important to keep them straight as they are very different government programs and are intended to help different segments of the American population. Medicare is an assistance program for seniors who are 65 and older (some younger people who are disabled also qualify). On the other hand, Medicaid is a need-based public assistance program designed for qualifying people of all ages. Seniors may qualify for one or both of these programs.

Additionally, keep in mind that Medicare generally does not cover stays in long-term care facilities, however, qualifying seniors are able to get help paying for this expense from their state’s Medicaid program. But do most nursing homes take Medicaid? The simply answer is that while not all nursing homes accept Medicaid, the majority of them do. Check with the specific home that you are interested in moving into to see if they accept Medicaid.

How Estate Planning Can Help Avoid Nursing Home Poverty

Although Michigan’s Medicaid system is there for seniors who need help paying for long-term care in their old age, it is still vital to engage in estate planning as early as possible in order to help avoid nursing home poverty. The best advice that we can give you is to start planning now. Begin by ordering our free Life Plan Report and learn how to make sure that you are getting the benefits that you are entitled to under programs like Medicaid and the Veterans Administration.

Need Legal Advice?

If you are interested in proactively planning for your financial future contact the Law Offices of David L. Carrier and set up a time to attend a free Life Plan workshop. David Carrier has years of estate planning experience and would be happy to assist you personally.

While each state has its own set of laws that govern wills and trusts within the state, the general principles are quite similar across the entire country. In fact, sixteen states, including Michigan, have adopted the Uniform Probate Code (UPC) in an effort to standardize the state laws that govern wills and trusts. Therefore, in order to examine the the key differences between a will and a trust in Michigan we must look to the language of the UPC. However, it is important to note that drafting a valid will or trust can be tricky and therefore it is always a good idea to consult with an experienced estate planning attorney who can help assess both your short-term and long-term financial goals.

What’s A Will?

A validly executed ‘will’ is an estate-planning instrument that goes into effect when you die and dictates how you want your assets to be distributed to your named beneficiaries. Under the Uniform Probate Code, and therefore in Michigan, there are several requirements that must be fulfilled in order for a will to be valid including:

  • The testator (aka the person that the will belongs to) must be at least 18 years old;
  • The will must be signed by at least two competent witnesses; and
  • The will must be written (aka can not be oral).

What’s A Trust?

A ‘trust’ is an estate-planning instrument that allows the settlor, aka the person with the assets, to nominate a trustee who will hold the assets for the beneficiaries of the trust. A trust allows the settlor to dictator how and when the the assets will be invested, distributed to the beneficiaries, etc. These instructions can dictate that the trust will take effect during the settlor’s lifetime, if the settlor becomes incapacitated, or when the settlor dies. There are several different types of trusts (for example express trusts, private trusts, or charitable trusts) that can each be used to achieve various estate-planning objectives.

Key Differences Between A Will And A Trust

While both wills and trusts are useful estate-planning tools, there are several key difference to keep in mind. One difference between a will and a trust is the fact that a will can only go into effect upon your death, while a trust can either be used to manage property during your life or after your death. Another important difference is that a person can only have one valid will at a time while a trust can be used to either replace or supplement a will.

Benefits And Downsides

The key benefits and downsides associated with wills and trusts in Michigan really depend on what your estate-planning goals are. For example, if you are looking for a way to distribute your assets while you are still alive then you will want to execute as trust opposed to a will. While keeping your goals in mind, consider some of the commonly noted benefits and downsides associated with wills and trusts that are listed below:

  • Avoiding Probate: One main benefit associated with trusts is that they can be used to avoid probate, which can save your beneficiaries time and money. Conversely, one downside of wills is that they pass through probate.
  • Privacy: If you would like for your affairs to remain private it is key to note that a will becomes a public document when you die while trust instruments do not.
  • Naming a Guardian: If you have minor children you can use a will to name a guardian for your kids, however, a trust can not be used to appoint a guardian.

If you are wondering, “why should I do estate planning?”, or you have other questions about how to protect your assets, contact the Law Offices of David L. Carrier. David Carrier has years of experience drafting wills and setting up trusts and would be happy to discuss your options with you. Start by attending one of our Free LifePlan™ workshops, where you can learn valuable techniques that will help you plan for your family.

Trusts are a great estate-planning tool that can be used to manage how your assets will be distributed to your beneficiaries. The basic concept is that you put assets into a trust and name a trustee who is in charge of holding and managing those assets for the benefit of the trust’s beneficiaries. While this premise sounds simple enough, trusts must be created in a particular way in Michigan in order to be valid and unfortunately mistakes are often made. This article briefly goes over how a valid trust is created and then outlines a few common mistakes with trusts in Michigan that should be avoided as they can cause your trust to fail.

Elements Needed To Create A Valid Trust

In order to create a valid trust there are certain requirements that must be satisfied. The following elements must be present or else your trust will not be valid in Michigan:

Settlor Must Intend To Create A Trust

The settlor of the trust must intend to create a trust at the time when the trust is created. This intent can be manifested via the settlor’s words and actions. It is not enough if the settlor intends for the trust to be created at a later date; in order to be valid he or she must have the present intent to create a trust.

A Trustee Must Be Established

A qualified trustee must be appointed to hold the trust property.

Assets Must Be Put Into The Trust

The trustee must be given some assets to manage on behalf of the beneficiaries.

The Trust Must Have Named Beneficiaries

The trust must have a named beneficiary or beneficiaries. This group must be ascertainable (it must be certain and definite).

The Trust Must Have a Legal Purpose

The trust must have a legal purpose that is not against public policy in order to be valid.

It is important to be aware of these trust creation requirements as many common mistakes that cause trusts to fail in Michigan have drastic consequences simply because they invalidate one of the requirements listed above.

Common Mistakes That Can Cause A Trust To Fail

While there are many mistakes that can potentially invalidate a trust, a few of the commonly committed errors in Michigan are briefly outlined below:

The Settlor Fails To Show The Required Intent To Create A Trust

As noted above, a trust can only be valid if the settlor intended to convey their property into the trust for the benefit of the trust’s beneficiaries. This mistake is often made by using ambiguous wording in the trust instrument.

Neglecting To Put Assets In The Trust

In order for a trust to be valid the settlor must actually transfer assets into the trust. This is done by both listing the assets on the schedules attached to the trust and by taking physical steps to change the title of those assets. If the trust is not funded then it will fail.

Failing To Use Effective Trust Language

A valid trust must contain language that indicates that a legally binding agreement has been entered into. A trust can fail for using ‘precatory language’, aka language that expresses a future wish rather than a present intent.

Failing To Name Ascertainable Beneficiaries

The trust instrument must specifically identify who is to benefit from the trust. In other words, the trust’s beneficiaries must be ascertainable. If a trust does not have ascertainable beneficiaries then it will fail.

Need Legal Advice?

Creating a trust is complicated and mistakes are easy to make. Working with an experienced estate planning lawyer like David L. Carrier helps ensure that your trust is valid and functions how you want it to. To set up a meeting with David Carrier, contact our office today.

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