Estate Planning in 2021

What Do Your Adult Children Talk About… When They Talk About You?

NOTICE: Do you dislike difficult discussions? Shy away from challenging topics? Would you rather not know? Are you content to retreat into irrelevance? Do you think your kids/friends/relatives are not thinking about “what to do” with you? If so, stop reading now OK. Still with us? Onward, then…

Do not go gentle into that good night,
Old age should burn and rave at close of day;
Rage, rage against the dying of the light.
Dylan Thomas

We all have to go sometime, but why rush it? Do you wish to remain alert? Independent? Engaged? Aware? In charge? Should your choices matter? Do you refuse to let others decide “what to do” with you? Do you reject dependence?

Your adult children are over to visit. They are in the kitchen. Talking. Vigorously. Your choice of old movies? Meh. Your cable news channel? How can you watch that stuff?! Your political views? Best not to go there… And gee, you do not seem to be keeping this place as spick and span as usual…

No kids? Single? You are not exempt. Replay the scenario with your friends from church. Brothers or sisters. Nieces or nephews. Same-same.

So… lively discussion. Sounds important. You wander over. Sudden silence. Glances back and forth. Nervous ha-ha’s. Guilt? And now… Insipid small talk. Gee, it sure is cold/warm/wet/dry/cloudy for this time of year…

I am sure that before you showed up, they were talking about the Super Bowl. Or COVID. Maybe something insignificant or vaguely bizarre. Like the President. (Whichever one you choose).

You do not need hearing aids for the chirping birds. You need hearing aids so your family and friends will not think you are addled. And that is what they think. When you are a certain age. And when you do not reply promptly. Or if your answer is inappropriate. It is not dementia; it is hearing loss. Brought on by 30 years on the factory floor. Chain saws. Lawn mowers. In the Army, we called it “tankers’ ear”. Or maybe 47 years of listening to your spouse just wore your ear drums out.

The point is that at a certain age, everything looks like dementia if you are looking for dementia. Well-meaning folks. People who love and care for you. Good-hearted, kind, benevolent. They will roll you up in bubble wrap given half a chance. For your own good. Aren’t you glad they think it is for “your own good”?

You Might Just Be Suspected Of Dementia, If…

You like your grandkids. They like you. You taught little Jimmy how to whittle. Janey learned how to swim from you. And neither of them would be riding bikes if you had not stepped up…

But now… The parents do not “need” you to pick up the grandkids after school. There is daycare for that… Sleepovers are a thing of the past. No more whittling, swimming, bike riding or other such dangerous activities… Why not? What changed?

You have not changed. But their perception has. You are older. Confused. Not “with it”. Perception is reality. And reality bites.

And Now They Want To Have “The Talk”

Not the sex talk. The “you are not safe at home anymore, you are slipping a gear, don’t you think it would be easier in a senior community” talk. You know it is coming. You can see it a mile away. It is funny. The kids read a book like, “Mom, Dad…Can We Talk?: Helping Our Aging Parents with the Insight and Wisdom of Others,” by Dick Edwards. (Available on Amazon!) Now the kids think they are oh-so subtle.

There are many other similar books. And experts. And courses. And strategies. All crammed with handy hints. All designed to hide the “elephant in the room.” They toss a bedsheet over the elephant and expect that you will not notice. All because you cannot be trusted to deal with these issues. They think you cannot handle the truth. Seriously. They do think this.

They think they can kinda, sorta hide the real issue. Like covering an elephant with a bedsheet. Good luck with that! That old elephant is still doing all the things elephants do, bedsheet or not. You have been sniffing out their BS since they were born. These are same kids who thought you bought their shenanigans. Who thought you believed their late Saturday night excuses. Whoo boy!
But it is not all high-test malarkey. Dementia is real. Getting older happens. They do love you and they are concerned. But you can put their fears to rest. You can relieve their anxiety. Not for their sakes, but for your own. For your spouse.

Do not wait until your kid introduces you to their “friend from church” or the fellow who helped your in-laws’ parents. And God forbid that your children download some boilerplate forms from the Internet (Free! Free! Free!). And God further forbid that you sign that steaming pile of download destruction.

Be the hero. Answer the call. Take care of your business. If you do not, the younger ones around you will get the wrong idea. They will think you are “out of it.” Cannot handle your own affairs. Need “help.” That means going to probate court. Having you declared incompetent. Incapacitated. And they are in charge. Not you.

The elephant is in the room. That bedsheet is not hiding anything. Rip off the sheet. Stare that pachyderm in the eye. Just as you have done in so many other situations. Over decades. You have faced wars. Riots (real ones, not just fake news). Terrible economic times. Good times of prosperity. Grief. Joy. This is no great challenge for you; you can do this.

Jump! Or Be Pushed

You notice a problem with your tax return. An honest mistake, but significant, obvious. Should you wait for the IRS to come knocking on your door, demanding explanations, assessing more taxes? Or would it be better to file an amended return, fixing the problem?

You are the hero of your story. You get to choose how it unfolds. Why would you give that power to your kids or court-appointed strangers?

Do not wait until someone else wants to have “the talk.” Sit them down. Give them the talk. Point out that they have not protected your grandchildren appropriately. Put the shoe on the other foot! Show them that you have planned with wisdom and foresight. Who is the boss now? Whose decisions count?

Do not give them your legal documents (very bad idea!). But we have general information handouts for this very purpose. Reassure them that you have done the grownup thing. That you have followed through.

And REMIND them that they need to do the same. You are looking out for them. They should be looking out for those grandchildren. Change the conversation. Flip the story. Demonstrate your ability. Prove your capacity. Authentic. Real.

What Does Any Of This Have To Do With LifePlanning™?

Everything. Without planning you will spend yourself into Nursing Home Poverty. You get what they feel like giving. Not what you have earned. Not what you want. Not what you deserve.

Without LifePlanning™, you do not have good answers to the questions. No one has your back.
LifePlanning™ preserves your lifesavings. You never go broke. Your earnings serve you throughout your lifetime. And that means…

You stay home. Longer. You get the help you need, that your spouse needs. Clear-eyed. Relevant. Participating in your own care.

Does Quality Of Life Matter To You? We Wasted 2020. Get It Done In Twenty-One!

Last year, the number of regular folks planning their futures dropped. Significantly. Fewer people focused on planning ahead, LifePlanning™. I fear 2020 was a year of wasted opportunity for regular families. Devastating.

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

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

Got Questions? Get Answers!

GET ANSWERS NOW… THE CALL THAT CHANGES YOUR LIFE…
COME TO AN IN-PERSON WORKSHOP…
ZOOM WEBINARS AND GET ANSWERS TO YOUR PARTICULAR QUESTIONS
WHATEVER IT TAKES TO SERVE!

Call (800) 317-2812

The Difference Between a Conservator and Guardian

There are actually two separate roles that should be named for minor children in an estate plan. The same person can be delineated for both roles but oftentimes parents decide to choose different people to perform these two disparate roles.

The conservator is the person who would manage your estate’s finances in the event you are no longer able to do so due to incapacitation or death. A child still struggling to grasp the intangible nature of monetary value won’t be able to manage a complex estate, including the variety of assets and potentially complex investment and financial vehicles it contains. The role of managing finances is also separate from day-to-day parenting duties, so it makes sense to view these as two separate responsibilities.

The guardian would be the party responsible for raising the children and caring for their physical wellbeing. In the event of your death or incapacitation this is the person who would assume the role of meeting your children’s day-to-day needs and ensuring their well-being and happiness until they become adults.

Choosing the Right Conservator and Guardian for Your Family

The conservator in charge of managing the financial aspects of your estate should ideally be someone you trust who has displayed an ability to act in a financially responsible manner. This person should be a person who has the bandwidth to take on this added burden to ensure they’re giving your estate, and in this scenario your children’s estate, the time and attention it deserves.

If you have close, trusted family or friends who are attorneys, accountants, financial planners or similar professionals with intimate knowledge of finances, those people may be excellent choices. These types of professionals are often busy, so it’s important to choose someone you believe will be able to give your children’s inherited estate adequate attention.

Just because someone is good with finances doesn’t necessarily mean they’re going to be a great parent.

What’s probably most important, from your perspective as a parent of minor children, is choosing a guardian who has the requisite compassion and temperament to raise children and shares the values you consider to be most important.

If you’re religious and want to make sure your children are raised in a household that practices the same denominational tenants you and your spouse practice, make sure
you’re choosing guardians accordingly.

Ideally, you’ll want to find a guardian who can take all your children, but if you have several or the person or persons you’re considering already have a large family of their own, it may not be a feasible burden to expect one person or family to carry. If you are in a situation where you need to choose multiple guardians, consider factors like geographic nearness to minimize sibling separation as much as possible, if that’s in your children’s best interest.

Money can be a factor as well. Although the guardian you’d choose may be able to use some of your estate’s money to pay for the many expenses of child rearing, having to raise extra children will likely hoist upon them additional financial burdens they don’t currently face. The family you choose should be financially stable and capable of shouldering those extra expenses.

A lot of these decisions come down to common sense. If you’re a conservative and want your children raised with the same values, you likely won’t want to choose progressive relatives, even if they are great parents. Likewise, if you have a kindhearted brother or sister who is great with kids but is always struggling with credit card debt and other financial issues, they may not be the best choice for conservator of the estate.

Also consider longevity and health. Your parents may have done a great job with you, but think about their age, mobility, energy and other factors when deciding whether the person you’re choosing will have the physical endurance necessary to raise your children to adulthood.

Before you put anything in writing it’s important to talk to the people you’re considering about conservatorship or guardianship. Although the scenario in which they may be called upon to take on these duties is hopefully highly unlikely, it’s still important to get the potential conservator’s or guardian’s confirmation and commitment prior to making it official.

Drafting Documents and Crafting Your Estate Plan

It’s important for your grandchildren and children to be protected should the unthinkable happen. If you have grandkids, ask their parents if your grandchildren are protected with the right legal documents. If not, have them give us a call (616) 361-8400.

What is Long-Term Care? Who Provides It?

Long-term care is the care you need if you can’t perform daily activities on your own for an extended period of time. There are a number of different ways that long-term care can be provided. 

Most long-term care involves assisting with basic personal needs rather than providing medical care. You are usually determined to need long-term care if you need help with two or more “activities of daily living” (such as bathing, dressing, eating, and going to the bathroom). Family members usually provide long-term care to start, but as an illness escalates paid care may become necessary. 

The following are the types of long-term care:

  • Home care from family member. The most basic form of long-term care is when a family member becomes the caregiver. It can involve simple tasks like buying groceries or more complicated ones like bathing and dressing. Sometimes family members can be paid for their work.
  • Home care aide. Home care aides provide companionship and socialization and assist with meal preparation, housecleaning, laundry, shopping, and errands. They are also called homemaker or chore aides.
  • Home health care aide. Health care aides provide personal care (bathing, grooming, etc.), assist with range-of-motion exercises, provide some medically-related care (empty colostomy bags, dress dry wounds, check blood pressure, etc.), and provide assistance with housekeeping and errands. They are often referred to as personal care assistants.
  • Adult day care. Adult day care allows family members to get a respite from caregiving. In general, there are three types of centers: those that focus on social interaction, those that focus on health care, and special Alzheimer’s care centers.  
  • Assisted living facility. Assisted living facilities are a housing option for people who can still live independently but who need some assistance. Depending on the facility, that assistance may include help with meal preparation, housekeeping, medication management, bathing, dressing, transportation and some nursing care. Residents usually live on their own, in small apartments. Despite the emphasis on independence, supportive services are available 24 hours a day in order to provide different levels of help with activities of daily living. The level of medical supervision depends on the facility.
  • Nursing home. Nursing homes are the highest level of long-term care. They provide 24-hour care to residents. Staff provide help with daily activities such as feeding, dressing, and bathing along with medical care and physical, occupational, and speech therapy.

Costs for care can vary widely, from a few hundred dollars a week to pay for coverage when family members are at work to $300,000 or more a year for around-the-clock home care or care in the most expensive nursing homes, perhaps with private aides hired on the side.

Long-term care costs, whether at home, in assisted living or in a nursing home, are paid primarily from three sources: out-of-pocket, Medicaid, and long-term care insurance. Medicare, the health insurance for people over age 65, only pays for up to 100 days of skilled nursing facility care following a hospitalization, and only for so long as the patient is deemed to need skilled care. Medicaid also has options for long term care at home – the Program of All-Inclusive Care for the Elderly (PACE) and MI Choice Waiver.

Need help navigating this maze? The team at Carrier Law are happy to guide you!

At-Home Medicaid — Are You Eligible?

You know. Everyone knows. COVID Elder Plague facts are familiar. Well known. Nothing to argue about. Victims are overwhelmingly older. Most in long-term care facilities. Tragic, infuriating truth: nursing home residents are 70 times more likely to die of COVID. Government Policies, Executive Orders have been deadly.

Are COVID rates rising among the young? Not really. U.S. Centers for Disease Control and Prevention (CDC) consistently show 95% of COVID deaths among those over 50 years old. Surprised? Check it out: https://covid.cdc.gov/covid-data-tracker/#demographics

Even now, some state bureaucrats mishandle COVID vaccinations. Fatal delays for elders. The CDC initially showed Michigan’s vaccination rate among the worst. Hapless officials offered technical-sounding “dog ate my homework” type excuses. Weeks later, current CDC data shows Michigan still lags. See for yourself: https://covid.cdc.gov/covid-data-tracker/#vaccinations Michigan elders are paying with their lives.

MEDICAID PROGRAM – Pace Expansion Is A Big Deal

Emergency, limited changes to the Program of All-inclusive Care for the Elderly (“PACE”). New opportunities for thousands of families. At-home care without more sacrifice. You can keep your lifesavings, cottage, farm, rental properties, business. No Poverty! By following the rules. Care services: free – fair return for what you paid in. Income: keep it. No co-pay, doughnut hole or other bamboozling malarkey.

We helped dozens secure at-home care for their loved ones. Belief: PACE saved many families from the deadly COVID virus stalking long-term care facilities.

“COVID-19 emergency rules are temporary. The benefits are permanent. When the emergency is over, these favorable rules will be gone.” Lifesaving benefits for a lifetime.

The special rules originally expired November 1, 2020. But were extended to April 1, 2021. Seemed like a long time, right? Unfortunately, the extra time is almost up. Like sands through the hourglass… Tick tock. One last chance for your family to get back a little of what you paid in. It is a big deal. And it is almost gone.

PACE itself is not going away. PACE will continue to provide quality of life to Middle-class Michigan. PACE has served us well since 1969. Not going nowhere. What is going away are the favorable eligibility rules that have saved so much for so many families. Soon it will be more expensive. More complex. More difficult. More challenging. What is your excuse to delay?

Threat To Middle Class Security

You are Middle-class Michigan. You have worked and saved. Since you were 10 years old. You and your spouse have a bit set aside. You are fine! But then…

You are caring for your loved one at home. You applied for help. Rejected! Too much income. Too much savings. A cottage, a business, a farm, stocks, bonds, IRA.

Your financial advisor, the accountant, your lawyer. All say the same thing: You must “spend down” all you have achieved. No help until you are broke.

Healthy Skepticism Or Deadly Doubt?

COVID emergency rules changed all that! Many more families can get the PACE benefits they earned. Yours included? Tragically, some refuse to believe it is possible. Healthy skepticism hardens into stubborn rejection. Everyone suffers. Clinging to the idea that it is “too good to be true” or “fake news”? Pitiful. Talk to folks who are uncertain and suspicious. Accurate information and proof beat unfounded fears every day. Fact: You do not have to accept nursing home poverty for yourself or your loved one.

Do You Or Your Loved One Qualify?

Answer Yes To 3 Questions:

  • 1. Need help with activities of daily life? Memory problems? Cognition issues? Daily oxygen therapy? Blindness? Dialysis? These are just a few of the many ways to qualify.
  • 2. Are you safe at home?
  • 3. 2021 Social security (gross) less than $2382? (Special strategies to reduce pension income.)

We can do the homework together. Most families benefit. Hugely. But it costs nothing to find out.

Get Answers Now: (800) 317-2812

What Are The Benefits?

What can PACE do for me? Why not find out? Your team is standing by. PACE is doctors, therapists, dieticians, nurses, physician assistants, administrators. All working together to provide your best solution. Want more detail? Call us.

PACE includes:
On-Site Physician/Medical Supervision; Nursing Care; Physical Therapy; Occupational Therapy; Recreational Therapy; Activities and Exercise; Breakfast, Lunch, Snack; Nutritional Counseling; Social Services; Dental Care; Audiology; Optometry; Podiatry; Women’s Services; Dentistry and Dentures; Optometry and Eyeglasses; Audiology and Hearing Aids; Podiatry, Diabetic Shoes and Orthotics; Cardiology; Rheumatology; Lab Tests; Radiology; X-Rays; Outpatient Surgery; Primary Care Physician: On call 24 hours a day, seven days a week; Physical and Occupational Therapy; Personal Care; Chore Services; Meal Preparation; Emergency Room Visits; Hospitalizations; Inpatient Specialist; Skilled Inpatient Rehabilitation; Transportation Services; Prescriptions; Over-the-Counter Medicines; Transportation; Respite Care and Caregiver Education; Wheelchairs; Walkers; Oxygen; Hospital Beds; Diabetic Testing Supplies; Adult Day Care.

No Poverty. No Handouts. No Waste.

Your team is united by 3 goals and 1 mission.
Goals:

  • 1. No Poverty. Your family will NOT go broke.
  • 2. No Handouts. You paid for these benefits with a lifetime of work and taxes. You earned this.
  • 3. No Waste. Your beneficiaries get whatever is left. For certain. No crazy fees. No probate.

Mission: We make the rules work for the folks who play by the rules.

How Much Time Do You Think You Have? Why Waste It?

Get the straight story. Your loved one is counting on you. Satisfy yourself that you have the right information. It is simple and free. Your Discovery meeting is just a couple days away. Looking forward to meeting you.

Every PACE case. Every Medicaid case. Every long-term case. Each case is exhaustively documented and thoroughly prepared. Each case is audited. Each case must be correct. There is no margin for error. “Close” is not good enough. “Almost” equals loss. We do not tolerate, cheer, or accept failure. Not an option. Because your family is on the line. Your life work is at stake. It must be done right. And that takes time.

GET ANSWERS NOW. (800) 317-2812

Will My Trust Avoid Probate?

You have stuff. Worked a lifetime to earn it. Did not fritter it away. Saved for the rainy day. Your stuff. You own it. You control it. Spend it. Save it. It is yours. No fuss, no muss. Easy.

And then. Stroke. Dementia. Disability. Death. Who is in control now? Not you! Then who? It used to be so easy. Now it is a big mess. When you make a mess, the answer is probate. Guardianship. Conservatorship. Estate Administration.What if you did not make a mess at all?

You Go To The Supermarket

You are toddling through Kroger (or Meijer or Super Walmart or Aldi or Spartan) with a double armload of groceries. You are in control. Put items down. Pick items up. No problem.
Then. Whoops! Slip and fall. Asparagus in the Air! Soaring Cereal! Bouncing Bread! Fettucine in Flight! You went from complete control to no control at all. Big mess. Cleanup on Aisle 3… Bring a mop…

Probate Court To The Rescue?

Probate Court is the janitor. Johnny-on-the-Spot to dispose of the debris. Your will? A mere scrap of paper fluttering among the groceries. Golly, I sure do hope the janitor finds that paper! And reads it. And follows it. Let us hope… and pray. That is probate.

How To Avoid Probate… Do Not Make A Mess!

Pretty simple. Do not make a mess. No mess? No job for the Probate Cleanup Crew. No probate.

Shopping Cart To The Rescue!

What if you had put all those groceries in a shopping cart? Then you slipped and fell? Wouldn’t the groceries stay in the cart? Voila! No mess. Nothing for janitor Probate Court to do!

Your Trust is a Shopping Cart

Your trust is a shopping cart. Put your house, money, insurance, business, cottage, and furniture (but not your IRA!) into your shopping cart/trust. Now comes death or disability. Slip and fall! But your stuff is safe in the trust! No mess. No probate. Whew!

Why Most Trusts, Including Yours, Will Fail

You have a beautiful, brand new shopping cart. But you did not put your stuff in it. It is empty! You are still carrying around all/most/some of your stuff. If (when) you slip and fall, that stuff is going to make a mess. And that means probate. And your lawyer put a memo in your trust binder that makes it clear: it is all YOUR fault.

I guess you should have read all 567 pages of legalese in that binder… Oh well. Now your kids will have to probate your estate. I wonder if there will be any attorney fees for that…

Everybody Else Knows. Your Trust Will Fail

Failure is a given. Your lawyer knows it. Your banker knows it. Your insurance rep knows it. Everybody knows that you will not put your stuff into the trust. And then the “pour-over will” must be probated. Did you know that? No? Hmmm, I guess not “everybody” knows your trust will fail. Probate is your destiny! Probate costs are your legacy!

Wake Up. Smell The Coffee. Face The Facts

You are not alone. According to one survey, only 4% of trusts are fully funded. That means 96% of trusts will fail when needed.

And even when you try to get your assets into your trust, you will often be misled. How many times have we seen financial advisors claim that accounts have been retitled when only the beneficiary designations were changed? All too common. Does your lawyer know what is going on? Why not ask? Why doesn’t your lawyer know?

The Answer: Talk Straight, Do The Work

You need a “funding coach” to help you through the hard work. Perseverance pays! We will help you stick with it. You spent good money to preserve your life choices and protect your legacy. Do not surrender with the finish line in sight. Why waste the effort you have already spent? Together we will make sure that you did not just throw lawyer fee money out the window. No sugar-coating. No excuses. Results for you and your family.

American Renaissance. Time To Move Ahead In 2021

Last year, the number of regular folks planning their futures dropped. Significantly. Could it be that you had other things on your mind? Riots, nightly violence, capricious decrees, flagrant hypocrisy, obvious media bias and obfuscation. It all takes a toll.

You, Middle-class Michigan, are the foundation for the future. Step by step. Inch by inch. You will pave the way back to normal. Let the chattering classes chatter. There is hard work to be done. And we are just the folks to do it. With integrity. Keeping our promises. Playing by the rules. No cheating. Focused. Undistracted.

Over the last year our Crisis Caseload skyrocketed. Special PACE rules mean more families than ever qualify for immediate help. We are proud to help Middle-class Michigan enjoy what they have earned.

Time Marches On: Do Not Waste Another Year

Last year fewer people focused on planning ahead, yet LifePlannine™ remains essential. Because you matter. Because your family counts. Because one lost year is too much.
The Carrier Team has been busier than ever, but I fear 2020 was a year of lost opportunity for thousands of regular Michigan families. I am extremely concerned.

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

Sixty Minutes to Security

Sixty minutes that to accelerate your success. An hour to put 2020 in the rear-view mirror. Avoid Nursing Home Poverty. Reject silly Spend Downs. 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! (800) 317-2812

Things Everybody Knows, That Are Not So!

Everybody Knows: Wills Avoid Probate!
Reality Check: Wills Require Probate…

You are an expert for certain things. You know how to quilt. Or fish. Or woodwork. You might have learned on the job. Or as a hobby. But you are an expert. You know how this stuff works.

And then you hear someone else talk about it. A friend. A neighbor. Your brother-in-law. Maybe in the newspaper. And they get it wrong. Oh boy, so wrong. All wrong. A genuine achievement. Give that guy a blue ribbon! For wrongness.

Happens all the time, right?

It ain’t ignorance causes so much trouble; it’s folks knowing so much that ain’t so.
— Josh Billings, 1882

Announcing a New Feature on The Reporter: Things Everybody Knows, That Just Are Not So!

Things regular folks say and believe. That prevent effective action. Setting the record straight, one issue at a time. Shall we begin?

Reading Of The Will:
Who Gets The Leftovers?

For many folks, the question is: When I am dead, who gets the leftovers?

The answer, for many folks: Read the Last Will & Testament! Preferably on a foggy evening. In a creepy old house. With a creepy old lawyer. Surrounded by heirs of mixed ages and questionable virtue. Reading dramatically from the Will in his creaky old voice, the lawyer delivers deeds, heirlooms, and sacks of cash. Virtuous, good heirs rejoice. Evil, bad heirs plot their revenge! And it is all over in just a few minutes.

Would you be surprised to learn that reality is a bit different than the movies? After 2020, are you still shocked when the “experts” get it wrong?

What Is Probate?

Probate is how society cleans up your mess. What mess?

Basic Truth: Middle Class Michigan takes care of business. Handles things. Gets it done.

Right now, most of us own our home (with some help from the bank). And savings account. Investments. Furniture. You pay your bills. And file your taxes. You take care of you. And yours. Humming along like a top… No Problem! A nice tidy picture. You are a responsible person acting responsibly.

But what if things go wrong? What if you cannot take care of business? How could that happen?

If you are incapacitated… stroke, auto accident, Alzheimer’s? If you die. Who is taking care of your business now? Your nice tidy picture is not so nice and tidy anymore. It is a mess. Who does what? Who gets what? Now what?

Probate is the answer when folks do not plan. And most folks do not plan. Most folks wind up making a mess. Probate is the cleanup crew.

You Go To The Supermarket.
For A Loaf Of Bread. One Loaf Of Bread.

Have you ever tried this? Have you ever gone to the supermarket for a single item? And then before you find that single item… You gather up a dozen more groceries you cannot live without. This is how most people go through life. Carrying around their stuff in their own name. Like the supermarket shopper without a cart.

That is fine, so far as it goes. But what if you slip and fall. What happens to the groceries?

Whee! Whoops! Big. Mess. Call the Janitor! Cleanup on Aisle 3…

Probate Court Is The Janitor!

Probate Court is Johnny-on-the-Spot to clean up the mess you made when you slipped and fell. Probate gathers up your groceries and tries to figure out what to do with them. Janitors have a Rule Book about who gets what. It is called the “Estates and Protected Individuals Code.”

The Probate Judge is the Lord High Janitor, Exalted Over All Deputy Janitors. The Personal Representative (or Executor) does the real work. Junior Deputy Janitor.
The Junior Deputy Janitor has 3 jobs.

  • 1. Marshall the assets. Gather up the leftovers.
  • 2. Pay the bills.
  • 3. Deliver the leftovers to the deserving beneficiaries.

 

But What About The Will?!?

Your Last Will and Testament is simply instructions to the Junior Deputy Janitor. It is a note, a piece of paper. Fluttering about betwixt and between the mess. Let us hope the Junior Deputy Janitor finds the Will. Let us hope Junior Deputy follows the Will. Let us hope.

Your Will ONLY works in probate. It is simply instructions to the Probate Court, through the Personal Representative, expressing your desires. Expressing your will as to who should be in charge. Who gets what. Deriving its powers from the Probate Court.

Your Will only “works” after you have died.

Your Will only “works” by going through Probate.

Your Will does not avoid Probate… it is a creature of Probate, part and parcel.

Wills Are Awful And No Good!
Probate Is Awful And No Good!

Kind of extreme, don’t you think? Wills and probate have their place. Some techniques of great benefit to many middle-class families only work in probate.

You know that a rush to judgment often leads over a cliff. Let us calm down. Sensitively and sensibly evaluate our options. And choose according to fact, not fiction. Planning success is a choice, not chance.

We Got Through 2020.
Time To Move Ahead In 2021.

Last year, the number of regular folks planning their futures dropped. Significantly. Could it be that you had other things on your mind?

At the same time, our Crisis Caseload skyrocketed. Special PACE rules mean more families than ever qualify for immediate help.

And fewer people focused on planning ahead, LifePlanning™. The Carrier Team has been busier than ever, but I fear 2020 was a year of wasted opportunity for regular families. I am extremely concerned. What do you think?

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

Sixty minutes that to accelerate your success. An hour to put 2020 in the rear-view mirror. Avoid Nursing Home Poverty. Reject silly Spend Downs. 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 CAN CHANGE YOUR LIFE…
COME TO A WORKSHOP… (800) 317-2812

Answers To Your Estate Planning Letters

Note: Not Legal Advice!

Can I have sole legal claim over my father’s home? I will have to move to Oklahoma. I will be responsible for paying mortgage, bills, and other living expenses. Along with caring for his medical needs. My two siblings will not be helping. The significant sacrifices have hurt me financially.

No Good Deed Goes Unpunished

Everyone helps at Christmastime! But that was last week. What about the rest of the year? Your father is blessed to have you. Many people do not have anyone willing to step up. But you must protect yourself to protect Dad.

Undue Influence

Basic Rule: Everyone can leave anything to anyone. It is Dad’s stuff. Dad decides who gets it. But. It gets tricky when the favored beneficiary also helps the giver.
Dad changes his plan to increase benefits to you. Here is what happens next:

Case #1: You are just one of the kids. The other kids can complain all day long. It is up to them to prove that you used “undue influence” on Dad. And that is almost impossible. You win!

BUT…

Case #2: Dad has special trust and confidence in you. Dad depends on you emotionally, medically, and financially. Dad gave you power of attorney. Dad made you his trustee.
Things are different. You are Dad’s “fiduciary.” Dad is dependent on you. Then dies. The other kids complain. Now the “burden of proof” shifts to you! You must prove that you did not use “undue influence on Dad. And that is almost impossible. You lose!

Solution!

Your friendly neighborhood elder law attorney has seen this movie before. Frequently. To avoid the hassle after Dad dies, prepare now. Several techniques are commonly used to protect Dad’s wishes. And you! We can help you determine the best strategy.

But please. Get this fixed now! Family strife hurts everyone. Save your family. Save your sanity. Save your inheritance.

Do I have to watch my mother’s spending before entering a nursing home? My mother is 95 and living in her home. She withdrawals $2000.00 cash every month for her groceries, eating out, clothing, house cleaning, lawn work etc. She has done this for at least the past 10 years. My question is, if she goes into a care home, will the home consider these withdrawals of money a concern, and prevent her from entering home?

Old Habits Die Hard

Today we have COVID. In the 1930’s it was the Great Depression. Cataclysmic events change the survivors. Like your mother. Depression Era folks never trusted banks again. Cash is king!
Your mother’s cash habit is very common. Social Security checks used to be mailed. Many retirees would immediately cash the check. And go walking around with the cash money. Nowadays, Social Security is Direct Deposit. No paper checks in the mail.

Undaunted, folks like your mother go to the bank and withdraw the cash, just like before. This can be a problem.

Prove You Did Not Give It Away!

Nursing home expenses break most middle-class folks. When broke, Medicaid may pay. But not if you gave your money away. When your mother applies for Medicaid, she must prove that she spent her money correctly. For the last five (5) years.

How can mother prove she did not give her money away? No receipts. No cancelled checks. No paper trails. If mother’s caseworker is a stickler, mother can be in trouble.
Nursing homes want to get paid. Mother has no money. Medicaid will not pay. Now what? Now the nursing home sues mother. Mother has no money. But mother has a house! Not for long…

Solution! Save The Homestead

Record mother’s spending now. Collect receipts. Write checks. Set up Direct Pay for utilities. Develop a track record. When the time comes, you can demonstrate that $2000 a month is mother’s routine spending. Your friendly neighborhood elder law attorney can help.

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… (800) 317-2812

Cookie and Cocoa Drive-by

The team at Carrier Law welcomed close to 200 families to their Cookies and Cocoa Drive-by. There wasn’t going to be a Christmas party this year and wanted to celebrate the holiday season in a different way. Families were served hot cocoa and individually wrapped decorated sugar cookies as they drove up to the building. What a festive way to show gratitude and spread holiday cheer!

greg and terri serve cookies and cocoavictoria, jasmine and jeff of carrier law at the holiday drive-by eventdavid carrier greets guests at the holiday cocoa and cookie drive-by eventattorney lea dillard plays music at the cookie and cocoa drive-by event at carrier lawattorneys at carrier law serve cocoa and cookiesmolly, tammy and kris at the cocoa and cookie drive-by

2020 – In The Rearview Mirror At Last!

2021 – A New Hope

Middle Class America –The Glue

Do you remember impeachment? It was only 12 months ago. Seems like a different era. Seemed important. But only empty drama. Then came COVID. Shut down China flights? Or shop in Chinatown? Huge big deal? Or despicable diversion? Not enough of anything. No masks. No ventilators. No supplies. No clear idea what to do next. Fifteen days to “flatten the curve” turned into 30. Imperial Governors decreed that unprepared facilities must accept COVID positive patients. Resulting in the highest death rates worldwide (despite accounting shenanigans). Fear. Uncertainty. Dread.

Middle Class Americans responded. Setting aside personal interests, personal planning. Amazing. Suddenly manufacturing all sorts of Personal Protective Equipment. Filling the empty cupboard. Navy hospital ships ready in days, not months. Jump-starting ambitious vaccine programs. Ventilator manufacturer to the world!

Regular folks. Punching in for the overtime. Working round the clock. Making it happen. You did that. Despite political petulance. Preening celebrities and posturing politicians. Riots as peaceful protests. Organized destruction as a First Amendment right. Glib experts who insisted that vaccines would take years. Same ones who now take Warp Speed progress for granted.

Through it all, you came through. Shifting through conflicting orders. Sacrificing lifelong traditions. Accepting the isolation of our most vulnerable… our parents and grandparents. You are the glue of America. Common sense, hard work. Justified skepticism. You have brought us through the crisis, at great cost to yourself.

Rules Are For The Little People

Dr. Fauci drops his mask at a baseball game. Governor Cuomo and Dr. Birx gather their families for Thanksgiving. Speaker Pelosi and other politicians continue their “beauty” treatments. For political advantage, the House of Representatives stalls for months. No relief to destitute, hungry Americans. Political winds change. Now the deal, laden with pork, is done in less than a day. The Elder Plague COVID kills nursing home residents at 70 times the rate of younger people. Yet the vaccines go to people at minor risk. Why? Rules for thee but not for me. The hypocrisy piled up so fast in Hollywood and Washington, D.C., you needed wings to stay above it.

And yet. We are the deplorables, the bitter clingers, the little people. And yet. We make it all work. We keep plowing ahead. Undeceived by childish lies. Undaunted by the glaring failures of our “elites.” But the time has come to refocus. Thousands of families have lost an entire year of planning for their own lives.

You Saved The Country. Again.
Time To Save Yourself. Your Family.

Time and again you have answered the call. Yesterday Detroit churned out bombers, fighters, tanks, and trucks. Today it is ventilators, PPE, and vaccines. Today’s war. Today’s weapons.
In 2020, at Carrier Law, our crisis caseload skyrocketed. Special rules expanded PACE. Fewer people focused on planning ahead, LifePlanning™. Although our team has been busier than ever, 2020 has been a year of wasted opportunity for regular families. I am extremely concerned.

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

Sixty minutes that to accelerate your success. An hour to put 2020 in the rear-view mirror. Avoid Nursing Home Poverty. Reject silly Spend Downs. 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?

GET ANSWERS NOW… THE CALL THAT CHANGES YOUR LIFE…
COME TO A WORKSHOP… (800) 317-2812

Some States Break Constitutional Rules

Should Other States Call Them Out?

Do You Play By The Rules?

Most middle-class folks play by the rules. We get to work on time. We do the job. Trustworthy. Loyal. Helpful. Friendly. When things go wrong (as they always do!), you fix it.

Other people cut corners. Leave early. Fake it. We all know some. On the job. On the softball team. In our own family. Even at church. How can you respect them? Sure, you can pretend that cheaters are the same as honest folk. For a time.

We do not go picking fights. Live and let live. But doesn’t there comes a point…? When is enough, enough?

Who Made The Rules?

In America, We The People, make the rules. Starting with the Constitution. And on down the line. Most places, it is the powerful who make the rules. Regular folks obey. Or else. Not here. Not yet.

Here, you and I make the rules. For over 240 years, our American system for making and playing by the rules has worked. Better than anything else ever tried. In history. More freedom, more wealth for more people. Look it up. Therefore, naturally, some want to wreck it. By any means necessary.

In the meantime, people like us accept the rule of law. We do not throw tantrums when we lose. We work harder. We keep the faith. We work within the system. Especially when dealing with cheaters.

Constitutional Election Rules

What does the Constitution say about presidential elections? It is simple:

Each State shall appoint its Presidential Electors in such Manner as the Legislature thereof may direct.
U.S. Constitution, Article II, § 1, clause 2

We The People, through our Legislature make presidential election rules. All on the up and up. Constitutionally.

Should the Governor, Attorney General, state or federal court judges or anybody else change those rules? In the middle of the game? How is that fair? How is that Constitutional?

Is A Presidential Election Like A Bowling League?

You go bowling. In a league. According to the League Rules. Your team signs up. Pays up. Shows up. Plays all season. On to the Championship!

Then, the Championship host bowling center changes the League Rules! One time only. They say. For this game only. For “fairness” the other team gets gutter guards. No foul lines. Balls with a three-foot diameter. Not your team, of course. Only the other guys. And then…

They win! New Champions! Amazing! No practicing. Never won anything before. Beat the odds! Pictures in the papers and on TV. Cinderella Story! Wow! Congratulations!

Really? Does complaining make you a bad sport? You are so awful! You want to “throw out” “overturn” “reject” the Championship results. Well.

We Are Complaining

At last count, 18 states are complaining. To the United States Supreme Court. The ultimate umpire. Eighteen states say that governors, attorneys general, or other state officials changed the rules in the championship round. You may not have heard of it. Online, social media actively suppress this information. And say so. But the truth is out there…
[Editor’s Note: It is now up to 19 states.]

Timeless Advice From Paul Burge

Journalism is all about covering important stories.
With a pillow, until they stop moving.
Paul Burge, Iowa hawk

We Will Stop Complaining

What if the Supreme Court says no harm, no foul? We will accept it. That is our system. We built it, we love it, we will live with it. But when did complaining about unfair stuff become un-American?

Making The Rules Work For The Folks Who Play By The Rules. Results Not Excuses.

Another unknown reality is that most folks eventually need long-term care. Rules determine whether you keep any of your lifesavings. At home care or an institution? What do the rules say?

For thirty years, protecting middle-class Michigan from nursing homes and nursing home poverty. Keep your independence. Preserve your life savings.

Or you can rely on government wisdom and good faith.

Real-world problems. Real-world answers.

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

Send Email: David@davidcarrierlaw.com

Talk to Us Today. Get Answers Now. “What could it hurt?”

Client Success Stories…

We were very happy with the information at the workshop on Estate Planning [LifePlan workshop]. Amanda was very helpful in explaining the options we could choose from to protect our assets from excessive taxes.

All questions were answered in depth and in a manner that was very understandable. I left feeling confident that we can contact them at any time for help navigating the system.

The staff are incredibly professional. My mother was treated with utmost respect. Her paperwork was organized and concise. I dealt with David and Jim and they spoke in terms my mother and I could understand.

I was totally lost when my husband’s dementia got bad. David and his group helped me feel in control again. They are there to help me whenever I need them. I should have done this sooner.

Perfect balance of pleasant and professional. Starting with workshops with targeted info, to chit chat with David (and all the staff we met) – great experience. Thank you!

My husband and I just returned from your workshop in Portage…We are so pleased we attended and came away with so much information and insight. The workshop was well organized, well presented and your staff was wonderful. Patrick made things fun, and as he promised, the time flew by. Thanks you again for 2 very well spent hours.

Donna & Stephanie are extremely professional, on top of everything, friendly and just a joy to work with. Very prompt on phone calls, emails, etc. I am very thankful for these two people!

We have been extremely pleased with the professional service of David and the staff. It has been a pleasure working with everyone to make sure our future is secure. David was also very helpful finding an out of state attorney to help our parent’s address their Elder law needs.

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“The Law Offices of David L. Carrier is an estate planning and elder law firm located in Western Michigan. Our main office is in Grand Rapids, and we have 3 other conveniently located offices in West Michigan. We specialize in medicaid crisis planning, estate planning, elder law, probate, wills and trusts.

Our Office Locations

Grand Rapids, MI

Norton Shores, MI

Holland, MI

Portage, MI

Practice Areas

Medicaid Crisis Lawyers

Estate Planning Lawyers

Elder Law Lawyers

Family Trust

Probate Lawyers

Trust Funding Center

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