Page 10 – Carrier Law

Twelve years ago.

The year is 2010. On a hot summer afternoon, warm bright air, sunny, a bit of a breeze. Two men retiring from the same homegrown Michigan company. They were very much alike, these two older gentlemen. Team builders. Known for getting the job done. Both had better-than-average, thirty-year careers. Personable, well-respected, and secure. Paid-for home, nice cottage. Everybody likes the lake. Boating. Swimming. No debt. Conservative investments. No bad habits (except spoiling the grandkids). Respected. Accomplished.

As new retirees so often are, both were filled with dreams for the future. Time to spend more time with the important people. Wives, kids, grandchildren. At the cottage, on the golf course, traveling. Enjoying the retirement freedom and security they had anticipated, saved for, earned.

Last week.

July 2022. The company had its one-hundredth anniversary. Both men were invited to celebrate.

They were still very much alike. Both healthy. Each had three grandchildren. Still devoted to their wives of over forty years. Both primary caregivers. At home. Just a few short years into retirement, their wives were stricken with Alzheimer’s Disease. Dementia. Memory Loss. Unusual Behaviors.

Family and friends have been sympathetic. Both men welcome the help and are grateful. But.

But there were enormous differences.

One struggled to make ends meet. “On duty” 24 hours per day. Exhausted. Retirement savings, cottage, comfortable home – all gone. His wife gone to the nursing home. And with pension replaced by the 401(k), living on social security. Pitiful.

The other man recently hosted his granddaughter’s wedding. At the lake. One hundred and twenty guests. Life savings intact. Independent, secure. Yes, he was his wife’s primary caregiver. But she still lived at their home. And he had plenty of help. Using the Program of All-inclusive Care for the Elderly (PACE). PACE provides services at home. No worries. COVID emergency rules are still in effect. Medical Emergency extended yet again. He keeps their home, their cottage, their life savings. Respected. Safe.

Why Is One Desperate
And The Other Secure?
Do You Want Pity Or Respect?

Have you ever wondered, as I have, what makes this kind of difference in a person’s life? It does not seem to be native intelligence or talent or dedication. I do not believe that one person wants security, and the other does not. No one is looking for pity. Both would like respect. How has each man used the knowledge they have?

Doesn’t the difference lie in what each person knows and how he or she uses that knowledge?

And that is why I am writing for you and for people like you. For that is the purpose of this blog: To give its readers knowledge – knowledge that they can use in life. LifePlanning™ that benefits themselves, their loved ones, their greater circle of friends. Have you heard about PACE or the new COVID emergency rules anywhere else?

Why didn’t your lawyer or financial adviser tell you?
They cannot tell you what they do not know.

Traditional Estate Planning Lawyers are only concerned with avoiding probate and getting your leftovers to the kids. Things that happen after you have both died. Good to do, of course. But you are not dead yet. Maybe it would be helpful to keep your assets while you are still in the land of the living. LifePlanning™ shows you how.

Financial Advisors advise on finances. Liquidity. Rates of Return. Stability. Long- term care is not their area of expertise. Let’s keep the financial folks focused on financials. Let them worry about increasing your nest egg. LifePlanning™ is making sure the eggs stay in the nest. Financial Advisors want to put more in your bucket… LifePlanning™ makes sure the bottom doesn’t drop out.

To serve and protect you, the Reporter brings you a broad range of information of interest and significance. No matter what the source. Not limited to dusty laws or arcane regulations. Anything and everything that affects middle- class security and well-being.

Take Action Today

Knowledge, concepts, ideas – all very fine. But without action? Nothing. LifePlanning™ incorporates The Reporter’s unique perspective and knowledge, in real life. Getting what you have earned. Avoiding nursing home poverty. Living life to the full, whatever the circumstances. Thousands of Michigan families use LifePlan™ techniques. Securing a better life for their families. Security is a choice. What do you choose?

Knowledge Is Power, If You Use It

Emergency COVID rules gave you options without poverty.

Beginning two years ago, Spring 2020, we told you about an expansion of the Program for All-inclusive Care for the Elderly – PACE. Emergency rules for the COVID pandemic. We told you: you do not have to sacrifice your life savings, your cottage, your property. Over the last years, through pandemics, vaccines, elections, protests, and general shenanigans, many, many families responded. And have benefited.

But the emergency rules were set to expire on November 1, 2020. Then extended to April 1, 2021! Now extended to the indefinite future… Bad news: you and hundreds more families were shut out. Not enough time. Too bad, so sad. Coulda, shoulda, woulda. Snooze and lose. A bitter pill. But… those rules were extended to April 1, 2020. And then?

The recent past has been full of surprises. Finally, a good surprise!

Good news: the emergency rules have been extended “until further notice.” Thousands of families let the first opportunity slip through their fingers. You let the second chance expire. Now you have a third chance. Should you wait to see how long the government let this go? Are you kidding?

Remember playing the kids’ party game Musical Chairs? When the music stops, somebody’s gonna miss the chair, fall on the floor. When the PACE music stops, some folks are going to miss out. Why should your family lose? Why should you or your loved one fall on the floor?

No Poverty, No Charity, No Waste Not Pity…
The Respect You Have Earned Make Rules Work For Folks Who Play By The Rules

Too many middle-class families (one is too many and long-term care poverty robs thousands) go broke from endless nursing home, assisted living, or caregiver bills. Pitiful. That does not happen to our LifePlan™ families. Respect. Security. Confidence.

It is simple: Three Goals, One Strategy.

1. No Poverty – You will not go broke.
When you are in control, life is good. You will not go broke from casinos, Bernie Madoff, or too many vacations. Long-term care rips the steering wheel from your hands and points you over the cliff. No choice, no chance. LifePlanning™ keeps you firmly in the driver’s seat. In control. Lifesavings intact. As you have always been.

2. No Charity – Caregivers get paid. You already “bought the insurance.”
America pays for long-term care through your taxes. Withheld from every paycheck you ever earned. More than your fair share over the years. You paid for other people. Folks you have never met. You, the middle-class, only want a fair shake. You paid in, you should get paid back if needed. Without sacrificing every red cent.

Does Social Security refuse to pay out when you have lifesavings?

Does Medicare say, “Come back and see us when you are broke?

Why should long-term care, paid by your tax dollars, be different? Why?

3. No Waste – Any leftovers go to your beneficiaries. Not wasted on probate or taxes.
Why shouldn’t your family, your loved ones, benefit from your leftovers? Why should probate, taxes, government soak up what is left? Wise plans avoid strife and insure family harmony.

For 32 years, the LifePlan™ strategy has achieved your goals.

The rules can work for you. LifePlanning™ makes the rules work for the people who play by the rules. Other so-called experts, attorneys, planners, financial advisors accept the status quo. They do what everyone else does. The LifePlan™ approach dives deep. Seeking out and securing your family’s future.

How Can You Protect What You Have Earned? What Should You Do Now?
Safe and secure or broke and anxious?

About those older gentlemen I mentioned at the beginning. Both men retired at the same time. They faced similar challenges. What made their lives so different? Luck? Lottery tickets? Guardian Angels? Some folks may think so…

Others know different. Knowledge. Useful knowledge. Action. Follow through. Better results. Why does one man, honorable and well-meaning, face a pathetic future… to be pitied by friends and relations? Why does the other man, with the same opportunities, face a secure future… respected and admired by sons and daughters, grandchildren, and greatgrandchildren? And his neighbors at the lake? Who will live longer? Who will live happier?

Which path do you choose? Is it all luck? Or does your success depend on intelligent action? And hard work. Your action. Your work. Did luck that paid off the mortgage? I didn’t think so.

Sound planning or Urgent need?

Are you facing an urgent need? Caring for your spouse or parent? Has a loved one received a diagnosis? Have you retired and watched your friends and neighbors go through long-term care impoverishment? Years of planning and saving washed away like a sand castle at the beach.

Are you considering retirement and want to face the future without fear? Would planning that lasts a lifetime meet your criteria? Does it seem unfair that the middle-class should pay and pay while others reap the rewards?

Put Us To The Test

Thousands of families across 32 years have experienced the proof. They had questions, doubts, confusion, just like you. But they acted. They found out. They made positive, life-affirming decisions. Why not you? Call directly or email. Facing an emergency? Loved one in long-term care right now? Caring for your spouse or parent at home? When you need us, we will be there for you. If your situation is urgent, we will get right on it. Or choose to attend a LifePlan™ Workshop in person or online.

Get the information you cannot get anywhere else.

Get the information you need without charge or obligation. Just ask. Your time and attention are precious, we will not waste either. Get the inside story no one else shares.

Get The Lifeplan™ Information Now

Call The LifePlan™ Hotline Today (800) 317-2812

July 5, 2022

No Poverty. No Charity. No Waste. Make Pace Your Power!

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Dedication, Devotion

Just a couple weeks ago. A perfect Sunday morning in early summer. Bright sunshine, warm air, colorful flowers, green leaves.

Two women reading the paper. They could have been sisters. Remarkably similar. Children and grandchildren. Both are reliable volunteers for church and school. Both looking forward to their 50th wedding anniversary.

Comfortable homes with well-tended gardens. Paid for. Substantial retirement savings. No debt. (Thanks to coupon clipping and natural thrift!) Extravagant or expensive habits? None. Except spoiling their grandchildren at every opportunity. Good-naturedly, of course.

You know these women. The sort of middle- class people who enrich the world by their simple presence. And generosity of spirit. Authentic kindness.

Now, both are primary caregivers for their husbands. Husbands who, after many years as partner and confidant, father and grandfather, best friend and “accomplice,” had fallen victim to Alzheimer’s Disease. Heart-breaking. Life- changing. No description necessary.

These women take their wedding vows seriously. Better or worse. Richer or poorer. Sickness and health. They said it. They meant it. They lived it.

Sure, the kids think it is corny. But these women took the words of JFK seriously: “We choose to do these things, not because they are easy, but because they are hard.” Alzheimer’s is hard.

To be sure, the kids have their own families and challenges. They live out of state. They would like to help, but… Now they think it is a good idea for Dad to be “placed”. What is it with kids these days?

Too Good To Be True?

As it happens, on this pleasant Sunday, both women were reading the same article. An account in The Michigan Elder Law Reporter describing the Program of All-inclusive Care for the Elderly, known as PACE.

The Reporter claimed that PACE provided free, at-home care. All pharmacy needs with no co-pays, donut holes, delays, or frustrating paperwork. Specialist care. Respite care. Durable medical equipment. Supplies. Occupational and Physical Therapy. The list went on and on. It even claimed that PACE was intended to help folks just like her. On purpose. Family members caring for loved ones at home. Staying at home.

Most outrageous, though, was the bald statement that their life savings, their home, their cottage, their security, need not be sacrificed to long-term care costs. That a lifetime of shared work could be preserved for themselves, their children, their grandchildren. How could that happen?!

They remembered similar articles in the Reporter… published over the summer and winter of 2020-2021. And the warning that the special COVID rules would expire on November first. Too late. But now comes the news that these rules were extended to April 2021! And yet again the COVID rules that expand eligibility were extended! “Until further notice…” Whatever that means, right?

Two Roads Diverged In A Wood, And I – I Took The One Less Traveled By…

And this is where the women made different choices.

One said to herself, “Stuff and Nonsense! I pity anyone foolish enough to believe this… Promises, promises! Too good to be true! I didn’t believe it last summer and I don’t believe it now! Fiddle Faddle.”

The other thought, “I heard of this back in July, then in the fall, and again in the springtime. I still didn’t act. Is it possible that I have another chance? Is Someone trying to tell me something? Maybe I should find out more…”

Five years quickly passed.

And That Has Made All Of The Difference

Another fine June morning. But now these women are not so much alike. They had made different choices. They got different results.

Pride Goeth Before A Fall

One was physically exhausted. Twenty-four hours a day. Seven days a week. Constant caregiving was taking a heavy toll. Worse was the mental stress. Facing bankruptcy. She gladly spent the life savings to pay home health care workers. Selling the cottage? No, she didn’t mind it. That money was long gone. Days at the lake a distant memory. The grandkids can learn to swim at the Y.

She was still bound and determined that her husband would never wind up in one of “those places.” Then the cash ran out. She gritted her teeth and took a loan against the house. Twice. Plus a line of credit. In desperation, she turned to cash advances on the credit cards.

In her pride, she did not share the burden with her friends or children. She chose a solitary journey. Until the inevitable day when the house of cards collapsed. She reached for the phone to call her eldest child. She never imagined living in a senior housing project. Well, at least the bill collectors had stopped calling. Pathetic? Pitiful? Or just sad…

The other woman was at the cottage window watching her grandchildren fish from the dock. The last few years had been tough. Her husband no longer knew her or their children. She was making the best of a bad situation. But. Her health was good. The PACE folks were a blessing. No worries. PACE had installed a wheelchair ramp at their home. Several times a week, expert aides came out to attend to her husband’s hygiene. During that coronavirus problem so many years ago, they even helped with her grocery shopping. And housekeeping. In addition to all the medical support. She knew her future was secure. She did not face it alone. Life savings protected. Life choices respected. “Well,” she thought, “sometimes “too good to be true turns out even better.” Sympathy for her tough row to hoe. Tempered by respect for her wise decisions.

I Have Finished The Course, I Have Kept The Faith

Several months later.

At the first woman’s funeral, her friends agreed. It was tragic. Pitiful, even. She had run the race. She had fought the good fight. At the ultimate cost to herself, she did what she believed was necessary. Pouring out the savings and accomplishments of a lifetime in a few short years. But. Is there anything more tragic than needless suffering? Doing very well something that did not have to be done at all? As one mourner observed, “She killed herself with work and worry, all to keep him out of “those places.” And where is he going now? One of “those places.”” It is more than sadness that we feel when a good person refuses the helping hand. It is more than regret when refusal leads to unfortunate consequences.

Not far away, at about the same time.

After the preacher’s kind words at the cemetery, the other woman turned from her husband’s grave. She too had run the race, fought the good fight. She had been there for him to the ultimate end. Hospice at the house. Familiar PACE folks who supplied the hospital bed, Hoyer lift and other necessary equipment and services. Given fair warning, the kids made it in from out of town. It was sad, heart- breaking. But not tragic. Surrounded by family and friends. Secure. Respected. Gracefully accepting sympathy without a hint of pity. At peace. What did the Lord have in store for her now? She did not know. But she looked forward to finding out.

The Difference

Most people, reading this article, will choose the path of the first woman. Most people, faced with long-term care costs, will close their eyes. Hope for the best. And watch their life savings evaporate like a snowflake on a hot griddle. Why does the caregiver spouse die first, almost half of the time? Why do hard-working, prudent, frugal, middle-class folks accept nursing home poverty? Most of the time?

Not Chance, Your Choice

There is nothing inevitable about losing your home, cottage, business, lifesavings, independence, security. All of that is a choice. Despite what “everybody else” says. For thirty-one years, people have told me, “I’ve never heard of this before!” “If this is real, why haven’t I heard of this before?” “My lawyer/financial advisor/ accountant/tax person/banker/best friend/fill- in-the-blank never said anything like this…”

Well, here you are. Reading The Reporter. So now you know. No excuses. The Reporter is here to provide information, insight, inspiration. Now it is your turn. To ignore the message. Invite poverty. Or get the freely offered information. To make wise decisions about your life. And that of your loved one.

NO POVERTY. NO CHARITY. NO WASTE.
It is not chance. It is choice. Your choice.

Get Information Now. (800) 317-2812

June 27, 2022

Fish Gotta Swim, Birds Gotta Fly, Writers Gotta Write

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Clanging For 65 Years!
(Not Edited For Spelling Or Punctuation Or Anything Else) (Warning: Not Legal Advice!)

Though I Speak With The Tongues Of Men And Of Angels, And Have Not Charity,
I Am Become As Sounding Brass, Or A Tinkling Cymbal.

—1 Corinthians 13:1

Question: Would an adult child be responsible for an elderly parents’ nursing home expenses?

A low income, elderlycouple (85+) have been living independently for over 20 years. Their adult child (not an in-state resident ) provided their living expenses for the past 20 years. Due to illness, the adult child is only able to provide very limited living expenses for them.

In 2021, they both were hospitalized due to life threatening illnesses. They do not have any relatives in state and do not have money. At a doctor’s request, adult protection services and some social workers helped them move into a nursing facility due to their low-income status.

One person is qualified for Medicaid. The other one is not.

However, they do not have any money.

The question is, would the adult child be responsible for their elderly parents’ nursing facility medical and living expenses?

Short Answer: Maybe. Most states have filial responsibility laws that impose financial responsibility for parents on the kids. But not in Michigan. Used to be that if your parent wound up in the Kalamazoo Psychiatric Hospital (known at its opening in 1859 as the Michigan Asylum for the Insane), you would get the bill. But not anymore. In Michigan.

Most states do not enforce their filial responsibility laws, but Pennsylvania is an exception. A recent appellate court ruling upheld the constitutionality and enforceability of the law. And Pennsylvania does come after the kids. Sometimes.

Long Answer: Beware when you “sign in” your parent to a nursing home or other facility. At least glance at the papers before you sign them. Better yet, read them. Even better, have your friendly, neighborhood elder law attorney take a gander before you sign.

Back in the day, it was not at all unusual to find a personal guarantee of fees buried in the mound of paperwork that the facility asked you to sign. And people did sign them. And facilities did enforce them. And it was a mess. Which is probably why the practice has pretty much died out. But not entirely, so buyer beware. Or get a little elder law assistance.

When long-term care costs $200-850/day (that is per day!), can you afford to just sign everything?

Imagine you are placing a loved one in a residential care facility. Do you think it is easy? Easy for the loved one? Easy for you? Most folks get overwhelmed. Crushing need for help and inability to provide care at home. Anger and frustration of the loved one. Guilt and helplessness of the caregiver forced to take this drastic step. And how do we break the promise: “You’ll never to to a nursing home!” Does it matter that you made that promise without knowing the reality of 24-hour, 7-day, 52-week care?

No wonder people sign documents without understanding what they are reading. Perhaps it might be helpful to have someone who has been down this path before…

Question: My boyfriend of 10 yrs just passed and now I got 30 days to get out it just don’t seem right. Is this how it is?

I was working he needed me at home. Before we could look in to caregiving he passed. His sister is 50% on the deed… something like that. So I got 30 days to get out 10 yrs of my life peacefully and she will give me his car and 2500$ I guess that’s the way they do it.

Short Answer: It is harsh to say, but you are probably not entitled to the money or car. Some states have “common law” marriage or “palimony.” In those states, you might have a claim. But not in Michigan.

Long Answer: Seems like sister is “on the deed”, maybe as joint tenant. Since you are definitely not on the deed, you have no title.

Michigan takes a hard line on marriage. Either you are married, with license and ceremony, or you are not. Marriages that were contracted in other states or territories that were valid in those locations are recognized and given effect in Michigan. But that is as far as it goes.

You probably received a 30-day Notice To Quit. This document is the first step in eviction. You may comply and leave, or fight the eviction or force the sister to go through the entire process. There are several ways this could go.

First, you up and leave. You get the car and the money.

Second, you fight. Not sure what basis you have for fighting, so the judge may get annoyed and assess damages for frivolous defenses. Plus you have lost the car and the money.

Third, you insist on every step of the eviction process being followed exactly. This may slow things to a crawl. Or you may get a judge who briskly moves cases through. Eventually, you will be forced to leave. And you may lose the car and money.

Marriage has consequences. Like inheriting property. Like entitlement to spousal share rights. Marriage is not a bed of roses and if it were, you’d find plenty of thorns. But there are benefits to marriage as well. Something to bear in mind.

16+% Wholesale Inflation – Again! | 10.1% Cost Of Food Inflation

You Don’t Need A Weatherman To Know Which Way The Wind Blows

Nostalgic For The Good Old Days Of Jimmy Carter? Me Too.

More good news from our friends at the Bureau of Labor Statistics! Consumer Price Inflation is setting new 40-year records. Again.

Energy prices are up. Way, way up. And that’s easy to solve. Simply stop driving anywhere. Stay at home. Problem solved.

Now that summer is finally here, you may wish to turn on your air conditioning. Do not. Your cost of cool is up 35%. Fortunately, sweat is still free. And it is all natural. Probably gluten-free, too. So, stay home, in the dark, with the air conditioning off. It is the New American thing to do.

Also, you can forget about going to the pool. No lifeguards. According to that paragon of virtue, National Public Radio: “the National Recreation and Parks Association says 8 out of 10 parks and rec departments can’t find enough staff.” “Tens of thousands of pools across the country are closed…”

Everybody complaining about gas prices. Is that the worst? No. Gas prices are not the worst part. So what is the worst? Since you have not read or heard it anywhere else, it falls to your Elder Law Reporter to point out the worst. Food Inflation. Food Inflation is in double-digit territory. Food costs 10.1% more now. You can stay home and save gas. Can you stay home and not eat? For how long?

Little Orphan Annie said, “The sun’ll come out tomorrow, bet your bottom dollar that tomorrow, there’ll be sun!”

Little Orphan Annie has not been watching the Producer Price Index.

Every time you go to the store, you experience the Consumer Price Index. The CPI is how the government measures misery today.

Future pain is predicted by the Producer Credit: Pacific Comics Club Price Index. The PPI measures wholesale inflation, before it gets to your local store. Wholesale inflation is once again at a 40-year high. 16.6%.

Did you think 10% Food Inflation was bad? How about 16.6%?

That is what’s coming tomorrow.

Hey Annie! Wake up and smell the coffee! Whoops, according to the Wall Street Journal, thanks to “extreme weather and supply-chain disruptions,” we have a coffee shortage and prices are up 76%. Yeah, we got a chart for that.

Homebuyers! Do not feel left out. Home mortgage interest rates are still climbing, according to Freddie Mac (formerly known as the Federal Home Loan Mortgage Corporation):

Investors! Guess what… the market is tanking. Down 17% this year. So far. But you already knew that.

What’s It All About? Six Keys To Happiness

How do you survive when the best-case scenario is: Horrifically Worse Than Jimmy Carter, But At Least No Thermonuclear War? Follow the Six Steps:

Stay home. Do not move about. Do not turn on the A/C. Do not eat. Do not buy another house. Do not look at your investments. Easy!

Is traditional trust planning failure a scam…
Your Estate Plan Is A Death Trap
Or Can It Be Explained By Incompetence And Indifference?

Traditional estate planning is supposed to avoid probate, save taxes, and dump your leftover stuff on your beneficiaries. After you die. Nobody cares what happens to you while you are alive. How does that help anyone? Stupid.

Traditional estate planning fails because the overwhelming majority of us will need long-term skilled care. 70% of us. For an average of 3 years. And we will go broke paying for it.

Is it surprising that thousands of recreation properties: cottages, cabins, hunting land, are lost to pay for long-term care? Why is your estate planner hurting you and your family? It is evil intent? Or stupidity?

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

When my mother suffered from the dementia which led to her death, over 10 years ago, their estate plan preserved their lifesavings. Mom’s months in the nursing home did not mean Dad’s impoverishment. Dad spent the last years with security and peace of mind.

Is Now A Bad Time For A Real Solution?

Perhaps you think you already have an answer to this problem. Maybe you do not see this as a problem at all. It is possible that you do not believe in the passage of time or its effects on you.

Peace of mind and financial security are waiting for everyone who practices LifePlanning™. You know that peace only begins with financial security. Are legal documents the most important? Is avoiding probate the best you can do for yourself or your loved ones? Is family about inheritance? Or are these things only significant to support the foundation of your family?

Do you think finding the best care is easy? Do you want to get lost in the overwhelming flood of claims and promises? Or would you like straight answers?

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

The LifePlan™ Workshop has been the first step on the path to security and peace for thousands of families. Why not your family?

NO POVERTY. NO CHARITY. NO WASTE.
It is not chance. It is choice. Your choice.

Get Information Now. (800) 800317-2812

June 17, 2022

Volcanoes Erupt, Faithful Readers Write

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Ignoring Good Advice For 65 Years!

Better To Remain Silent And Be Thought A Fool Than To Speak Out And Remove All Doubt

—Abraham Lincoln

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

QUESTION: How can I cash a check made out to the deceased?

So a family member passed away around 6 months ago. During this time, there was a car she was paying off that got sent back, and they refinanced it. Despite the fact that we clarified multiple times she was deceased(and knew I was the informant on the certificate), they made out a check in her name. Upon calling my bank I was told even with the death certificate proving I am the informant, I wouldn’t be able to cash the check, and that I needed to call the issuer to get another check made. When I called the issuer, they told me they couldn’t re-issue the check in my name, and that I needed a power of attorney. They said if I had that i could just bring it to my bank and cash it no problem. Later I looked up power of attorney only to find out it practically does nothing in the case of a death. Is this true? And if so, is there paperwork that I could file to cash the check in my name?

Short Answer: You cannot. In 2022, the cutoff for a small estate is $25,000. Less than $25,000, you can use the small estate procedure. More than $25,000, welcome to the wonderful world of Probate!

Long Answer: It does not matter that you are the Death Certificate informant. That simply means you were the one who filled out the questionnaire for preparation of the Death Certificate.

Powers of Attorney die when the person who issued the power of attorney dies. Powers of Attorney are worthless when the person dies. Cannot be used.

You state that you “looked up power of attorney only to find out it practically does nothing in the case of a death. Is this true?” No. That is not true. The Power of Attorney does not do “practically” nothing, it does ABSOLUTELY nothing. Glad to clear that up!

So, again, welcome to probate. Even when there is relatively little at stake, it is a good idea to have a lawyer.

Here’s a fun project: Go to your county website. Review the Probate Court web pages. Almost guaranteed that you will find a letter from the Chief Probate Judge of your county begging and pleading with you to use legal counsel in probating the estate. That’s because when regular folks screw up the probate documentation (and sorry to say, they frequently do screw it up) now the Judge must sort out the mess. That is too much like real work. So, use a lawyer. You’ll be glad you did. And the judge too.

Question: What are my mother in laws lifetime stay rights if she is in a nursing home?

She deeded her property to my husband 10 years ago.

She is unable to take care of herself (cannot walk, unable to bathe herself, unable to use the toilet without assistance) and will likely never return home.

Short Answer: It depends. What does the deed actually say?

Is it crazy to think that a little more effort, care, thought, planning, prudence would have avoided this mess? Will you be surprised if your family loses a big chunk of the value of the house? Unnecessarily? Are you against taking effective action so this does not happen to your kids? Are we all living on the Good Ship Lollipop?

Long Answer: There are several ways this could go. Here are the three most likely. First, your mother-in-law may have fully deeded the house to your husband outright all those years ago. Second, mother-in-law may have used a contingent deed, variously known as a “transfer on death” or “enhanced life estate” or “ladybird” deed. Third, your hubby’s mother may have deeded the house to your better half and retained a life estate.

#1 Outright Deed – Fee Simple Absolute

Mom could have deeded her entire interest in the property to Sonny-boy. Could have used a “warranty deed” or a “quitclaim deed.” Either way, your husband has owned the house for the last ten years. This would be unusual.

Mother loves Son. OK! Son never has anything bad happen. Never applies for loan. Never has debt. Mom lives in house until she dies. No problem.

Mom still loves Son. Mom loves Son so much she makes all his favorite dishes. Like bacon wrapped bacon pork chops deep-fried with butter. And ice cream. Wrapped in coconut. Sonny-boy has massive heart attack. Fatal. Dead before dessert.

What happens when Mom gives Son her entire interest in the property and Son up and dies? Uh-oh! Daughter- in-law now owns the entire house. And daughter-in-law’s new husband wants a new boat and travel trailer. Bye-bye mother-in-law! Nice knowing’ ya! And there is nothing M-in-L can do about it now…

#2 Contingent Deed – Pay On Death, Enhanced Life Estate, Ladybird

Do you want to give up total control of your homestead? Do you want to live at the mercy of your son- or daughter- in-law? Are you against keeping all the money if you sell your house? Do you have a crystal ball to foretell the future with unerring accuracy?

The pay on death deed is the thing for you! There is no transfer of any interest in the property until you die. Until you die, with a pay on death deed, you can do whatever you please with your property. Because it is still, 100%, all of it, all your property. Until you die. Then it belongs to the person or persons you designated on the pay on death deed.

And no probate! Unless, of course, the person or persons you designated die before you do. Now you are up Probate Creek without a paddle. But hey! That never happens…

#3 Retained Life Estate

What if Mom wanted Son to have and maintain the property? Would you want to take care of Mom’s property, then lose it all if Mom changes her mind? Or if one of the other kids changed Mom’s mind for her? Are you opposed to being protected? Would it be crazy to make sure your efforts were not wasted?

Mom wants assurances that she can stay home.
Son wants assurances that he eventually gets the home.
Mom gives property to Son, but Mom has the right to live on the property for the rest of her life. That’s what we call a retained life estate deed. Mom retained the life estate. Here’s how it works.

LIFE ESTATE

In Michigan, “life estate” means that the person can use and live on the property for their entire lifetime. A life estate is valuable. How valuable? Depends on how long Mom will live. Or might live. Also on the value of the property. Also on the current economic environment. And rates of inflation and interest.

Back in the day, we used to have hearings with expert witnesses and do future value projections based on life expectancy and then present value regression analyses. But in today’s modern world, Michigan makes it easy to figure out how much a life estate is worth. Get a copy of the Bridges Eligibility Manual 400, Exhibit II – Life Estate and Life Lease Factor Table (BPB 2022-07) (available online!). This Table lists ages from birth to 109 years old. For each age, there is a 5-digit life estate factor. You look up the life estate factor that corresponds to the age of the person. Multiply the factor by the value of the real estate. Voila! That is the value of the person’s life estate.

IMPORTANT POINT: Life Estate values have nothing to do with the actual health of the Life Estate holder. Life Estate Value is all about chronological age. Birth certificate and calendar. Healthy or on hospice? Irrelevant.

A few examples. Let us suppose the family home is worth $100,000.

At age 2, the life estate factor is .99017. So, a two-year old’s life estate is worth $99,017. ($100,000 X .99017)

At age 109, the life estate factor is .04545. That means that the 109-year-old’s life estate is worth $4545. ($100,000 X .04545)

At age 70, the life estate factor is .60522. How much is a 70-year-old person’s life estate worth? Correct! $60,522. ($100,000 X .60522)

What this means is that your “mother in laws lifetime stay rights [sic]” are terminated while Mother-in-law is still alive, then she must be paid the value of the life estate as determined by the BEM 400 Life Estate Factor Table. Easy!

Let’s consider the flip side… the remaindermen.

If Mother’s life estate is worth $60,000, what is Son’s remainder interest worth? Correct again! $40,000 ($100,000 – $60,000). So simple, a child could do it, no?

Is it a bad idea to figure this out in advance? Is throwing money out the window better and cheaper than getting practical advice from folks who have walked the walk thousands of times for families like yours? Would you rather be “right” or rich? Would you rather cling to old ideas because “It worked for Uncle Charlie!” or be confident that your lifesavings are truly secure?

Happy Talkin’, Talkin’, Happy Talk

What, Me Worry? Why So Serious?

Did You Go Crazy Or Was It The World?

Return With Me Now To The Fabled Days Of Yesteryear!

Remember a little while ago? Inflation was low. Interest rates were low. Employment was high. Peace in the Middle East, between Israel and Arab countries. Terrorists defeated. Orderly exit from Afghanistan. America had so much oil, we exported the stuff. Border control equals more jobs for U.S. citizens. At higher wages. All races. Both genders. Troops coming home from endless, useless wars. Russia and China suppressed. Our biggest worry: a fat, little tinpot dictator with a starving population. Unfortunately, the chubby guy also had atomic bombs. And rockets.

Read today’s paper. War in Europe. Tens of thousands dead. Fighting over territory. History buffs may note parallels with early days of WWI and WWII. American babies need emergency formula supplies from foreign countries. Gas prices higher every time you fill up. Billions of dollars, state of the art weapons to defend Ukraine’s borders. U.S. border guards are welcome wagon for illegals with free phones, plane tickets, health care, welfare. Murder rates skyrocket. Major cities unlivable. Again. Consumer inflation at 8+%. Wholesale inflation at 16+%. In 1851, Sojourner Truth asked “Ain’t I a woman?” (Spoiler Alert: She was a woman.) In 2022, nobody knows. Not even a female Supreme Court nominee.

Media says long-ago time of peace and prosperity was evil bad. Russian puppet in White House. Shortage of real terrorism so FBI informants must orchestrate phony terrorist plots. Awful.

Media says today’s time of riots, inflation, war is super good. Tolerant. Totally fair. Peaceful! And real, non-FBI criminal loads up with guns to hunt Supreme Court Justice. And his family. Understandable.

Humans Are Naturally Pessimistic Evolutionary Psychology In A Nutshell

Two cavemen. Ug and Og. Ug is optimistic. Og is pessimistic.

Ug eat all kind berries, mushrooms, stuff. Yummy. Ug have no worries. Ug go in deep, dark cave. Fun! Ug say “Here kitty kitty kitty!” to saber-toothed tiger. Ug dead. Ug have no kids. Have no optimistic kids. Have no kids at all. Darwin wins!

Og wait ‘til Ug eat berries, mushrooms. Og watch what happen Ug. Og worries. Lots. Og stay out cave. Og stay away saber- tooth tiger. Og live long time. Og have lots kids. Have lots pessimistic, skeptical, suspicious kids. And so on…

You really are nuts. Your brain, at the center, has a couple of almonds. At least they sort of look like almonds. These things, the amygdalae, make sure you worry about stuff. That is why your ancestors didn’t die trying to pet saber-toothed tigers. That is why you don’t eat green meat. Or go broke in a nursing home.

Riddle Me This!

When times were objectively good, why did all the smart and powerful people tell us that everything was terrible?

When things are going to hell in a handbasket, why do all the smart and powerful people tell us that everything is wonderful now?

Are the smart and powerful people really that stupid? Are the smart and powerful people looking out for you? Can you trust your life, family, future to the smart and powerful people? Can you believe a single word they say? Asking for a friend…

Avoid Probate, Save Taxes, Get To Kids?
Traditional Planning Is Death Planning
And When You Die Broke, Drained By Long-Term Care, Probate Is Irrelevant

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.

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.

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.

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

June 13, 2022

It Is Not That Hard To Figure Out That The American Middle Class Is Getting Shafted

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Just The Facts Ma’am. All Good Stuff Without Bad Fluff

Is The World Changing? What Can You Do To Succeed?

You yourself are getting older. You expect to live longer. And healthier. Than any generation ever. In the history of the world. And you are correct. Has there ever been a generation quite like this one? Higher expectations. Greater achievement. Self-confidence. Ambition. Generosity.

Thanks to you, America is getting older. We grew up in an era of large families. Today a large family is three. Many of your kids have no kids. Maybe one or two. How often do you see a family of five? Youngsters are a shrinking slice of the population pie.

As folks get older, they have greater needs. No surprise. Physical and mental capabilities decline. It happens. But not at age 60 or 70, anymore. However, when we get to our mid-80’s, about half of us are going to need a hand. Who will be there to lend the hand?

Nurses are sick. And tired. Sick and tired of nursing. Hundreds of thousands have left the profession. Despite high pay. And bonuses. Other caregivers are under stress too. Good help is hard to find. My father had 8 kids (and a long-suffering son-in-law). Willing and able to spend 2-to-4 week turns with our active, ornery, mentally alert, Dad. For the last two years of his 96 years on this planet. How many of us have that many kids? How many are able? How many are willing? Who will fill the gap? How will those caregivers be paid?

Prices are going up. Way up. Way way up. No one should be fooled by the three-card monte scam being run out of Washington, D.C. Inflation is not just gasoline. Inflation is not just “transitory.” Or the Russians’ fault. Or the “supply chain.” Inflation destroys savings. Your savings. You thought you had enough to pay the caregivers. Maybe you should think again?

Is this tiresome and boring? After all, everybody knows these things. You know this is the truth. Go to the gas station or grocery store. Talk to your friends and neighbors, at church or the club. Why deny the evidence of your own eyes? And wallet?

Pathetic politicians and profiteering professionals pretend nothing has changed. Same old, same old. Their ideas failed when everything was easier. That’s all they’ve got. No new thinking. No response to the changing world.

Retreads. Like Russia hauling 60-year-old tanks out of cold storage to keep invading a country that is armed with modern weapons Anything to keep playing the old game. Blind stupidity: failed with our new stuff, so let’s fail again with our old stuff. Keep up the charade long enough to fleece another few suckers. Why does anyone fall for it?

Can’t we be brutally honest? Can’t we look around with clear eyes, good hearts, and a fierce determination to keep our independence, our right to choose our lives, and to make a better world for our families? Who says we must accept decline? Who says we must put up with this nonsense? Who says we must follow the well-trod path? Can’t we choose the “road less-taken”? You have forged your own way through this life with grace, compassion, and generosity, why stop now?

Just a few pebbles start a landslide. A little snowball launches an avalanche. Small changes in thinking about your future, acting and planning for your life to come, can change everything over time. Are you opposed to making the next 10, 20, 30 years the best they can be? Are you against securing your own future and that of your family? Do you believe that “Ignorance is Bliss”? Do you reject that “Knowledge is Power”?

No one would blame you for thinking this is all a lot of blather. But everything above is backed up by the facts. Laid out below. You don’t need clever talk. Just the facts. And here they are:

You Are Going To Be Around A Lot Longer Than You Think

Doesn’t everybody know Americans are living longer? Murder rates are up, but that’s mostly 20 to 30-year-olds killing other 20 to 30-year-olds. COVID, the Elder Plague, did kill more older folks. From 2020 to 2021, an extra million Americans died. Blip.

However, the overall trend to longer life continues. And that means you. You are living longer. Good for you. Right? Why shouldn’t you plan to live until 80? 85? 90? Or more? Get used to it, you are living longer. And so are your friends and neighbors.

If people are living longer, will they need more resources? If you are living longer, will you need to make your own savings last longer? Or will you happily accept poverty? Or a government handout?

There Will Be A Lot More Older Folks In America And Fewer Young Ones

Everybody knows, as life expectancies increase, there are more and more older Americans. Despite the Elder Plague of COVID, which overwhelmingly killed older folks. And given the lower birth rate, not only will there be more seniors, but seniors will be a greater proportion of the population.

It is unusual, but sometimes government information confirms common sense.

Isn’t it simple math: if older retired folks make up a larger and larger percentage, then younger, working people must be a smaller and smaller slice of the population pie?

You Are Not Getting Older, You Are Getting Better!
Up To A Point About Age 80, Then You Fall Off The Cliff…

Modern medical miracles are miraculous. But we all know that as we age, various things start to become troublesome. As lifetimes increase, there are more and more older Americans. Is it crazy to think that as there are more and more older Americans, there might be more and more disabled Americans? That’s what the numbers say.

Where Have All The Nurses Gone?

Is anyone surprised that as more Americans need more nursing assistance, we will look to America’s nurses? But where have all the nurses gone? Even now, historically high wages, signing bonuses, premium pay, special benefits, and a smorgasbord of other goodies cannot keep nurses nursing.

Hundreds of thousands have dropped out of the profession in the last few years. Only 41% of practicing nurses are committed to remaining in service. 27% saying it was “very unlikely” they would quit. 14% flatly stated that they were “not leaving.” The rest range from “definitely leaving” to “somewhat unlikely” to depart.

When you need a nurse, who will be there? When you need a caregiver, who will answer the call? And how much will you have to pay? Can you?

Source: McKinsey November 2021 Frontline Workforce Survey

Inflation – Bad And Getting Worse. Much Worse

Gone to the gas station or grocery store recently? Then you already have the bad news on inflation. Prices going up, up, up. It is not an illusion. Hard at work spending your tax dollars, the Bureau of Labor Statistics provides the following melancholy reminder that your consumer dollars are melting away like snowflakes on a hot griddle.

And that is bad. What is worse, is the next chart. Take a look!

What is worse than prices at the pump skyrocketing? Future prices streaking to the stratosphere, that’s what! Thanks to the geniuses in Washington, you are already paying lots more than last year for your stuff. About 8.5% more. What about next year?

The “Producer Price Index” shows what raw materials cost. How do you manufacture finished goods? You start with raw materials. Raw materials now cost 16.3% more than a year ago. Do you believe that inflation is going away? Do you believe that the geniuses have it all under control? Do you believe in the Easter Bunny, the Loch Ness Monster, and the Lost City of Atlantis?

If everything is more expensive, will the costs of long-term care be more expensive? Is it ridiculous to think that ignoring the devastation of inflation will ruin your retirement?

Secure Your Future, Avoid Nursing Home Poverty

Too much brutal honesty? Don’t want to see with clear eyes, good hearts, and a fierce determination to keep your independence? Choose your own life? Make this a better world for your family?

Must you accept decline? Must you put up with this nonsense? Why should you follow mindless path? Why not choose the “road less- taken”? Having forged your own way through this life with grace, compassion, and generosity, why would you stop now?

Why are you opposed to making the next 10, 20, 30 years the best they can be? Why are you against securing your own future and that of your family? Why do you believe that “Ignorance is Bliss”? Why reject that “Knowledge is Power”?

Why not come to a LifePlan™ Workshop? What do you have to lose? Besides everything?

Letters, We Get Letters!

Lady Byng Trophy* Withdrawn Marquess Of Queensbury Rules** Repealed And Anonymous Emails Too!

What, Me Throw Stones? Challenge Accepted!

We like to think we are genteel, well-mannered, calm, “with the milk of human kindness by the quart in every vein.” Shattering this self-delusion, a dear anonymous email correspondent recently suggested that your Reporter must live in a stainless-steel abode. After all, was not The Reporter throwing too many stones for his own good? Probably meant as a gentle warning. Food for thought!

On the other hand, as John Bunyan observed in 1650: “He that is down needs fear no fall, He that is low no pride…” With a lively appreciation of The Reporter’s own faults, foibles, and failings (multitudinous!) therefore, we soldier on. Without fear or favor!

*Annually, the Lady Byng Trophy is awarded to the National Hockey League player best exhibiting “sportsmanship and gentlemanly behavior.”

**In 1867, the M of Q Rules for boxing were intended to reduce death and maiming of English pugilists. Mike Tyson unavailable for comment.

Avoid Probate, Save Taxes, Get To Kids?
Traditional Planning Is Death Planning
And When You Die Broke, Drained By Long-Term Care, Probate Is Irrelevant

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.

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.

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.

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?

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

June 6, 2022

U.S. Air Force To The Rescue — Baby Formula Airlift To Needy Nations

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Breaking News! EXTRA EXTRA – Read All About It!

Gargantuan Globemaster C-17s
– Full Of Formula For Forlorn Foreigners

FOR IMMEDIATE RELEASE: Never let it be said that The Reporter is a Gloomy Gus or Debbie Downer. At the slightest inkling of good news, you, good reader, will be informed. Today is such a day.

Our crackerjack squad of mild-mannered reporters were researching momentous issues of the day. By watching TV. One alert reporter (see photo) pointed out the newsworthiest item of the day. Details are still coming in, but clearly, the U.S. has stepped up to the rescue, yet again.

Our Crackerjack Team Gathering Essential Information Credit: Smithsonian Magazine

Apparently, somehow, some way, Ireland and Germany managed to botch production of baby formula. That’s the white powdery substance that you mix with water for infants to drink. Infants do not have teeth, so they need this liquid stuff. Also, they are infants and not good with silverware. Can you imagine such a thing? Modern countries unable to provide for their own baby citizens? Having to rely on the kindness of strangers to feed the most precious and vulnerable? It boggles the mind that any modern nation with a shred of self- respect could allow it. Red-faced embarrassment, indeed!

Anyway, our gaggle of reporters reported that the TV showed pictures of U.S. Air Force cargo planes just loaded with this highly nutritious, if not delicious, essential cargo. In Germany. And Ireland.

C-17 Globemaster Aircraft of the Foreign Country Charity Baby Formula Force
Credit: US Air Force

Lucky for them that the old ole US of A was ready, willing, and able to help out once again. Gosh we are just the best. Stay tuned as we bring you all the details…

And while we are waiting for those additional details, we must ask the question, “How could this have happened? To modern, well-governed, intelligent nation-states?”

Just guessing here, as we await further details, but the cause of this sad blunder is no doubt linked to their benighted nondemocratic, royalist histories.

It appears that two formula-drinking babies died of infection. So imperialistic, unthinking Irish and German bureaucrats, drunk with authority and power, ignorantly shut down the baby formula factory that produced some huge percentage of the national baby formula supply. Then, the factory proved scientifically and without question that the tragic deaths had nothing to do with the factory. Or the formula.

And this is where the superiority of the American Way blazes like a supernova beacon in the night! In America, kindly, competent public servants would have evaluated the evidence, made corrections where needed, and with a heartfelt concern for their fellow-citizens, reopened that factory lickety- split! That’s the can-do spirit! Let’s show the whole world how to get the job done!

Not so for those poor Europeans! Oh no, not so. Those folks puttered around for months while supplies ran out. Their second-string newspapers reported shortages last November 2021. Even their government-approved, Establishment-sanctioned, politically correct mouthpieces (the Euro- equivalent of the New York Times and Washington Post) reported impending doom in January 2022. And still their governments did nothing. Sad.

Stand By For Additional Up-To-The-Minute Reporting From Roving Reporters

Our A-Team of Reliable Sources continues to investigate Old Europe’s shameful tragi-comic failure of every government’s most basic duties. By intently watching more TV. This time in black and white because black and white is more serious.

Now reading our Truth Squad’s follow-up report… The Squad states that our initial reports were wrong… we were too optimistic. Situation far far worse than could be imagined. Oh, the Humanity! What have those Germans and Irish done? Uh oh…

It’s Howdy Doody Time!

Hmmm. Well, it appears that, as we have always said, because we are never to blame for any misstatements however gross or negligent, it is not our fault. Plato, Aristotle, and Socrates all agree: “Reporting means never having to say you’re sorry.”

Turns out those heroic Air Force cargo planes were loading infant formula from Germany and Ireland. For delivery to Indianapolis, Indiana, U.S.A. It was American bureaucrats who shut down factories, ignored scientific evidence, sparked panic buying, and moved with the charming speed of an exhausted three-toed sloth. A drunk, debauched, exhausted three-toed sloth. With the shakes. Dismissed the warnings from months ago. Pooh-poohed the damage and suffering. Gosh darn those unelected, unfeeling nabobs!

Grateful Americans Anxiously Awaiting Generous Germans. And Irish.
Credit: Department of Defense

At least our elected political leaders have the good grace to be embarrassed, apologetic, and eager to set things right. They need our votes, after all. Certainly, they would never exploit parents’ anxiety or babies’ hunger for political expedience. Our statesmen and stateswomen have far too much respect for the intelligence of the American People and their own sense of honor and class to try covering up their failures and attempting to spin this humiliating episode as some sort of victory. Or not.

Records Set For New Regulations Not Just Inflation, Mortgage Interest Rates, And Gas Prices Anymore

U.S. politicians and government bureaucrats continue to set records that are unlikely to ever be challenged, let alone surpassed. In the last year, 69 brand new, major regulations. 72,000 pages of executive orders, regulations, and legalese. One think tank (probably evil or Russian or both) says this new red tape will cost over $200 billion. Another tank claims that 131 million more hours will be spent bending the proverbial knee to our do-gooding busybody federal potentates. No wonder it is tough to get good help!

New Paperwork Required to Operate a 7-11 Convenience Store
Credit: Raiders of the Lost Ark

Did you know some say every 15% increase in federal regulations leads to a 1% increase in inflation? Me neither. Thank goodness inflation is so low we do not have to worry about that sort of thing. Whew!

Oh yeah. And the stock market is crashing too. Cheers!

Traditional Planning Is Death Planning

Avoid Probate, Save Taxes, Get To Kids?
And When You Die Broke, Drained By Long-Term Care, Probate Is Irrelevant

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.

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.

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.

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?

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

May 31, 2022

Shocking Fact From Planet Earth: Magic Is Not Real

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Multi-Verse Of Madness? A Random Walk Through The Valley Of The Shadow Of Incompetence

The Original Three Stooges, At Least, Were Funny

Why is our world run by 3 old men with health issues and questionable mental capability? Three geezers with sufficient atomic and hydrogen bombs to erase humanity? Two of them with sugar plum visions of long-lost imperial splendor dancing in their heads. Willing to slaughter other folks wholesale. Two greedy, stuffed-up potentates. Dozens of minor characters in supporting roles have similar grandiose cloud cuckoo land delusions. Complete the picture with a cast of thousands eager to murder for earthly paradise.

Is it surprising that totalitarian tyrannies spew forth thieving tyrants? Isn’t that pretty much what they do? Murder, conquest, plunder, looting, and pillaging are part and parcel of the tyrannical deal. Successful crime proves that the “mandate of heaven” rests on the tyrant.

A couple hundred years ago, a few, very few, people decided to chart a different course. To depend on one another. And vigorous, unrestrained debate. Government based on the consent of the governed. A radical idea that regular folks had something to say. A nation free of tyrants. Composed of free people. Thinking, speaking, and acting freely. Naturally, “smart” people have been desperately fighting against this dangerous idea ever since.

The good and the wise know that too much talking is bad for the peasants. Commoners need a Ministry of Truth, Commission for the Public Good, Ministry for the Promotion of Virtue and Prevention of Vice, “Disinformation Governance Board.” Intellectual leading lights from Ivy League universities must ensure you do not think the wrong thoughts or say the wrong words. Or hear anyone who does.

Can the third decrepit old gentleman really be blamed for much of anything? As a two-bit grifting politician, he sold out for cheap long ago. Enabling family members’ dirty dealing with foreign countries and powerful corporations. Selling influence and access. Kickbacks to the “big guy”. Penniless politician to Bruce Wayne multimillionaire. His only surviving son condemned to a maelstrom of drugs and paid-for sex. Pitiful really. Charley McCarthy in the White House. Merely a marionette. Pathetic puppet, dancing to strange tunes.

Yet this superannuated reprobate has performed a valuable service. He proved the obvious: when America retreats, tyranny fills the void. Ask Finland. Ask Sweden. Two countries with centuries of neutrality. Comfortably secure under the American umbrella. Until now. Today they frantically clamor to join the NATO Neighborhood Watch.

Harry Potter Is To Blame!
Or Maybe It Is Doctor Strange’s Fault

Remember the Marvel superhero movie, Ironman? A science guy builds himself a metal suit that flies and blows bad guy stuff up. Cool. Remember Spiderman? Radioactive spider bite, science-science, teenager with spider powers.

Beats bad guys up. Even Superman had the whole red sun/yellow sun science explanation for superpowers. Not anymore. Today superheroes are all magic.

Remember the Harry Potter books and movies? How about the vampire and werewolf books and movies? Say or think the right thing and stuff just happens. All magic. All the time. Magical!

Have you noticed that magical thinking has taken over? Men become women by simply saying so. You don’t even need a fancy spell. Or surgery. Why tampons in the Mens Room? Because men now menstruate. And give birth. How does a man have ovaries and a uterus? Perhaps it helps to start as a woman. Astounding new world records in women’s sports? Perhaps starting as a man helps. Not even Supreme Court Justices can tell the difference. Abracadabra indeed!

Imagine an old, broken-down horse. Shabby. Weak. Shuffling. Re-living its days as a foal. Kept around from pity. Would you enter that horse in the Kentucky Derby? Or the county fair? You might if you believed in the power of magical thinking. You would just tell yourself, and everyone else, that your nag is really a thoroughbred racehorse at the peak of its powers. And if anyone disagreed, you and your friends could shout them down. Fairness requires hobbling all the other horses, since their actual talents and abilities are “unfair” to the nag. Who would enjoy such a race? What would the outcome be?

Is it ridiculous to think that magical thinking in the real world leads to disaster across the board? Would you like to drive across a magical bridge? Live in a magical apartment house? Why not? It’s only fair.

Magical Thinking: Consequences

BASIC PRICE INFLATION. In April 2022, the United States failed to set a new 40-year record high for inflation. At least it stayed above 8%, though, so all of you buying groceries on your credit cards… keep it up, you will have to…

Ivy League Necromancers first blamed the magic inflation on too many people buying treadmills. Then Congressional Conjurers claimed it was temporary. Next Sorcerers Senatorial blamed it on Russia’s Mad Monk Rasputin. Now our trusted Thaumaturges assert something else, but frankly, we have lost track.

Good News! The Ginger Oracle’s Replacement says Inflation will be cured! By raising taxes. We swear we are not making this stuff up. Here is what the federal Bureau of Labor Statistics says:

MORTGAGE INTEREST RATES. Mortgage rates continue to astonish, but the American Dream lives! “Homebuyers continue to show resilience even though rising mortgage rates are causing monthly payments to increase by about one-third as compared to a year ago,” said Sam Khater, Freddie Mac’s Chief Economist. Thank you, Sam! Great to see our public servants serving the public!

Hey Home Sellers! Interest rate increases caused monthly payments go up by ONE-THIRD… Could HOME PRICES be affected? What do YOU think? Can you pull a Homebuyer out of a hat? You may have to….

ONE MILLION DEAD FROM ELDER PLAGUE. Do you remember a politician who claimed he would stop COVID? Neither does the Washington Post. Or New York Times. Or the politician himself. He even forgot he was vaccinated. Oh well. Elections are supposed to be magic!

According to the Centers for Disease Control and Prevention, more than a MILLION AMERICANS have died from the virus of unknown origin. Widespread hysteria about the kids was manufactured by people who did not go to work, but still got paid. Fortunately for the children, the virus of unknown origin DOES NOT (hardly at all) KILL KIDS, but it is deadly to older folks. Almost exclusively.

From the very beginning the Reporter has described COVID as the “Elder Plague.” And that has NEVER changed. Here’s the current official CDC chart. Notice anything about deaths among kids ages 0-17? 0-29?

NEW RUSSIAN BEACH FRONT RESORT. In Ukraine, on the Black Sea, is a steel plant. You may have heard of it. Bombed for months. Blasted to smithereens. Now your best Russian friend and mine, Crazy Vlad, is repurposing this fixer-upper opportunity as beach resort. Come for Time Share Presentation, leave with new set of steak knives! Wow! Magic solves everything, no?

TOP 10 AMERICAN THEME PARKS. Because inquiring minds want to know, USA Today, a “newspaper” asked regular folks which were the BEST THEME PARKS. #1 is an aquarium which used to have whales in a tank, but not anymore. Winners include a brewery-sponsored park, another that smells like chocolate, and two with country music themes. But the “Happiest Place on Earth” was shut out. Maybe normal folks have had enough of rich people insults. Maybe, finally, “Ladies and Gentlemen! Boys and Girls! Children of All Ages!” isn’t the only thing headed for the garbage dump. Did they think they could magically wish away their customers? Guess so!

Why Can’t You Live In The Magic Kingdom?

Why are the magical thinkers so unhappy? Why does everything they touch turn to crap? Why are they angry? Why are they unable to hear anyone but themselves?

Are you opposed to living in the real world? Are you against your actions having consequences? Do you live to blame other people for your own faults and failings? Do the real abilities and accomplishments of others fill you with jealousy and rage? Are you so special that the world owes you a living? Are you a precious snowflake that all must admire? Are you happy and secure in your own talents and abilities and appreciative of others? Does Magical Thinking work for you? Do you think it would work for your kids?

Is it ridiculous to think that primitive humans, whose lives were “solitary, poor, nasty, brutish and short,” were still more grounded in reality than the politicians, intellectuals, and other talking heads who insist on one absurd foolishness after another?

It is a blessing to be middle class. No one worships you. You do not inspire fear, anxiety, or dread. Others will tell you the truth. And demand truth from you. We have our challenges to be sure. And the good news is that we are not surrounded by toadies lying to us about those challenges. Lucky you! Lucky me.

Traditional Planning Is Death Planning

Avoid Probate, Save Taxes, Get To Kids? And When You Die Broke, Drained By Long-Term Care, Probate Is Irrelevant

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.

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.

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.

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?

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

May 23, 2022

America Has A Shortage Of Baby Formula?

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Crippling Inflation, Food Shortages, Gas Lines

Would It Be A Problem If We Talked About A Few Things That Are Top Of Mind For Middle Class Folks Like Us?

You grew up in a country that had surpluses of everything. So much food, the government paid farmers not to grow it. Or bought it and gave it to other countries. Or piled it up somewhere. Now you live in a country that cannot provide for her babies. Go. Try to buy baby formula. Good luck.

American education was so good, foreign students fought to study here. Colleges and universities got fat and happy charging full fare to foreign students. It was value for the money. Now schools pretend rigorous standards are simple oppression. There is an engineering school in Boston, called the Massachusetts Institute of Technology, MIT. You may have heard of it. MIT dropped its admission standards. No more standardized testing. MIT now has failing students. Lots of failing students. So many failing students that it just reinstated standardized testing. How oppressive! How obvious. How inevitable. Perhaps MIT should have learned from Harvard, another Boston school. “The median grade in Harvard College is indeed an A-. The most frequently awarded grade in Harvard College is actually a straight A.” says the Dean. That was in 2013. A more recent survey says that Harvard grades have gone up. By an additional half-grade! How is that even possible? Who knows? Who cares? Everybody feels better so it’s OK!

Do you remember the anti-war folks? People who were opposed to war on principle? “Dissent is the highest form of patriotism!” they said. They say a lot of things. What happened to those guys? Seems like now there is a war they can support. With billions of your money. Hmmm. Turns out they were never really anti-war. They were just on the other side. Feels strange to hear them agree with you now, doesn’t it? Makes you wonder what they’re up to…

Regular folks are drowning in higher prices. 40-year highs. Why all the newspaper, TV news happy talk? Inflation at the store went from an ungodly 8.5% to an excruciating 8.3%. Wholesale inflation from 11.5% to 11%. They think this is progress. When you are drowning, does it matter whether the water is 8½ feet over your head or only 8⅓ feet? Why are they trying to deceive you? Why won’t they tell the truth?

Don’t look now, but your retirement savings are tanking, too. Thank you, Wall Street. Look on the bright side! With skyrocketing interest rates, someday soon you might see a worthwhile CD. Even the New York Times and Washington Post admit the infant formula shortage. According to the Post, “The shortage ‘has been compounded by supply chain challenges, product recalls and historic inflation’.” “As of last week, formula stockpiles were 43 percent lower than normal”. You are not asleep, this is not a nightmare. You are wide awake. This is real: In America, American reporters force feed corporate-speak to explain why American babies do not have food. In America. Some people think this is just great. You deserve it. But why is that OK with you? According to the Associated Press: “The Biden administration is canceling three oil and gas lease sales scheduled in the Gulf of Mexico and off the coast of Alaska, removing millions of acres from possible drilling as U.S. gas prices reach record highs.” No comment. Nuff said. Is reality biting hard enough yet?

What about violent crime wave, Supreme Court leaks, employment woes, tax increases, student loan cancellations, border issues, COVID, and other unpleasant topics? No room.

There Is Nothing Wrong With America That Cannot Be Fixed, Quickly, If Americans Will Start Acting Like Americans

You know there are millions of ways out of this mess. The tried-and-true American way. You. Your friends and neighbors. Folks you go to church with. All part of the solution. Hopeful signs are there. School board elections. Growing recognition that something has gone horribly wrong. And now is time to fix it.

Pendulums swing back and forth, good and bad. When things are going your way, it is hard to remember the negatives. When things are going the other way, it is hard to remember the positives. Americans do not wait for magical changes. Americans make the changes happen. It is truly up to you. And you have to act.

Can You Be A Force For Good If You Die Broke?
Does Death Planning Champion Your Values?
Do You Want Government Bureaucrats Deciding Your Care?
Should You Throw Your Lifesavings Out The Window?

Conventional estate planning supposedly avoids probate and dumps your leftover stuff on the kids. After you die. Don’t they care what happens to you while you are still alive? Stupid.

Is it ridiculous to see that most estate planning fails? Do you reject the facts: the overwhelming majority of us will need long-term skilled care? 70% of us. Three years on average. More for some. Do you doubt we will go broke paying for it? Are you surprised that thousands of properties are lost to pay for long-term care? Cottage – poof! Centennial Farm – whsssht! Hunting property – flussssh! Homestead – pffft! Why is your estate planner hurting you and your family? Evil intent? Stupidity? Just does not know? 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, my parents’ estate plan preserved their home and lifesavings. Mom’s months in the nursing home did not mean Dad’s impoverishment. Dad lived his last years without anxiety, enjoying security and peace of mind.

Is Now A Bad Time For A Real Solution?

Perhaps you think you already have all the answers. Maybe you deny there’s any problem. Do you even 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

May 17, 2022

Message In A Bottle

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D-Liver, D-Letter, D-Sooner, D-Better

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

Question:

How do I evict my mother-in-law who lives in my home and it’s causing problems between my wife and I?

My mother-in-law is 86 years old and only brings in under $2,000 a month Social Security she has become very belligerent and mean argumentative and causing trouble between my wife and I she needs to move.

Short Answer: How does your blushing bride feel about this? Not as a domestic relations matter, but strictly from the Perry Mason perspective. Do you lovebirds own the nest together (“tenants by the entirety”)? If so, your helpmeet can give Mommy Dearest permission to remain. Forever. You wish to stab yourself with the nearest sharp implement (like Juliet)? We do not advise it, but we understand. You are stuck.

What if your Till-Death-Do-Us-Part’ner agrees: her sainted forbear must seek a happier haven? Face facts: Legally, mother-in-law is a tenant. You are a landlord. Meaning you will have to go through the usual eviction process. Begin by serving her with a 30-day Notice to Quit, Termination of Tenancy. If she does not vacate, move on to a Summary Proceeding in District Court. Now it is strictly by-the-numbers.

Longer Answer: On the other hand, what if the sweetest, kindest, gentlest, nicest person in the world became “very belligerent and mean argumentative and causing trouble” due to a disease process? Radical personality shifts are common in persons suffering from various forms of dementia. Dementia is often accompanied by depression. Depression frequently manifests as anger, paranoia, vindictiveness. Vascular dementia victims can be especially cruel. Even without dementia, for many older people, aging itself triggers disagreeable moods and behaviors. Is it foolish to consider all possibilities before reaching a conclusion? Would you think it a bad idea to explore various options before suing a family member? Or maybe your in-law simply is the most weak, cranky, crabby, argumentative, testy, provocative, petulant, grasping, grumpy, grouchy, irritable, ungrateful, bad-tempered wretch to ever urge its squat, thick, ungainly bulk across the surface of a complaining earth.

Question:

How do I remove a non-rent/non-bill paying adult child?

My friend (good friend of the homeowner) has durable power of attorney. We’re trying to empty the house and make extensive repairs to, then sell the home very soon. There is an alcoholic borderline psychotic adult son (42 years old and employed) that has been living there 5 years or more that has contributed zero dollars to the household. The mother has asked him several times to vacate and he has excuses why he’s just not going to do that right now. We’re looking for an immediate legal remedy.

Short Answer: “We’re looking for an immediate legal remedy.” There is no immediate legal remedy. The Law frowns on “self-help.” Putting Psycho Son’s stuff in the driveway feels great!

Then come the triple damages for anything you broke, lost, or threw away. More damages for his hotel room. And then he is back in the house! Once somebody has taken root in your home, it is darn tough to get them out. Except through the traditional legal process that applies to any other tenant.

If Psycho Son agrees to leave voluntarily, well and good, maybe mom can convince him to go. But it seems “he’s just not going to do that right now.” Don’t wait, get him served with a 30-Day Notice, Termination of Tenancy and get on with it.

Even Shorter Answer: The typical financial power of attorney will give you the necessary authority to evict this ungrateful child. However, you will save much in the way of blood, sweat, and tears to retain experienced counsel. A power of attorney is only as good as the words it contains. It is not inconceivable that the power of attorney may be insufficient. Get it checked out.

Possible Answer: Has the “alcoholic borderline psychotic adult son” threatened or carried out any physical or psychological abuse of mother? Threats? Actual abuse? If so, a Personal Protection Order may be sought from the Family Court Division of Circuit Court. A PPO, among other things, may prohibit the son from: “entering onto the property where [mother] live[s]” “entering onto [other] property” “assaulting, attacking, beating, molesting, or wounding [mother]” and “stalking as defined under MCL 750.411h and MCL 750.411i” among other things. SCAO Form CC375, Rev. 1/21.

The PPO can be obtained without notice to the “respondent” son. And it can be obtained quickly. Again, consult with counsel. Some folks have exaggerated the grounds for the PPO. Some folks have bitterly regretted the exaggeration.

NO POVERTY. NO CHARITY. NO WASTE.
It is not chance. It is choice. Your choice.

Get Information Now.
(800) 317-2812

May 17, 2022

You Never Call, You Never Write!

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Like Driving Past A Car Wreck… Glad It Did Not Happen To You (Not Edited For Spelling Or Punctuation Or Anything Else) (Warning: Not Legal Advice!)

QUESTION: Can our disabled brothers legal guardian (also a family member and remainderman) terminate disabled brothers life estate?

Disabled brother is now in nursing home and will not return to family home which he has life estate in and is also in an irrevocable trust. There are many remaindermen, (large family) and all are in agreement to sell family home including our disabled brothers guardian. Another family member/remainderman wants to buy us out and move into home, hoping that we can all just sign off of house/ trust and quitclaim the property to her. Not sure if this is “allowable” or advisable. We also have concerns about potential “Medicaid recovery” if life estate is terminated while life estate holder is still alive.

Short Answer: Oh what a tangled web we weave, when first we practice elder law without a firm grounding in the fundamentals. Imagine sorting out this fact pattern after the family house was sold, money distributed, Medicaid denied, recriminations on all sides, nursing home lawsuit against disabled brother, allegations of fraudulent transfer against siblings, and a family feud ripe with recriminations echoing through eternity. In other words, the usual case.
Is it crazy to think it is not too late? Is it impossible for sweet reason and angelic actions to save the day? Must this family suffer?
Long Answer: There are several threads here that need to be disentangled. Let us begin with brother’s life estate.

LIFE ESTATE
In Michigan, “life estate” means that the person can use and live on the property for their entire lifetime. A life estate is valuable. How valuable?

Back in the day, we used to have hearings with expert witnesses and do future value projections based on life expectancy and then present value regression analyses. But in today’s modern world, Michigan makes it easy to figure out how much a life estate is worth. Get a copy of the Bridges Eligibility Manual 400, Exhibit II – Life Estate and Life Lease Factor Table (BPB 2022-07) (available online!). This Table lists ages from birth to 109 years old. For each age, there is a 5-digit life estate factor. You look up the factor that corresponds to the age of the person. Multiply the factor by the value of the real estate. Voila! That is the value of the person’s life estate.

IMPORTANT POINT: Life Estate values have nothing to do with the actual health of the Life Estate holder. Life Estate Value is all about chronological age. Birth certificate and calendar. Healthy or on hospice? Irrelevant.

A few examples. Let us suppose the family home is worth $100,000.

At age 2, the life estate factor is .99017. So, a two- year old’s life estate is worth $99,017. ($100,000 X .99017)

At age 109, the life estate factor is .04545. That means that the 109-year-old’s life estate is worth $4,545. ($100,000 X .04545)

At age 70, the life estate factor is .60522. How much is a 70-year-old person’s life estate worth? Correct! $60,522. ($100,000 X .60522)

What this means is that “if life estate is terminated while life estate holder is still alive” the life estate holder must be paid the value of the life estate as determined by the BEM 400 Life Estate Factor Table. Easy!

Let’s consider the flip side… the remaindermen.

If 70-year-old disabled brother’s life estate is worth $60,522, what are all the remaindermen’s interests worth, collectively? Correct again! $39,478. ($100,000 – $60,522) Divided by the “many remaindermen” of a “large family.” Betcha didn’t see that coming!

DISABLED BROTHER’S GUARDIAN
Disabled brother has a guardian. Does that mea we are in probate court? Yes! Does that mean that any sale of the property must be approved by probate court? Yes! Does that mean that we will have to pay an attorney to help us ask the probate court for permission to sell? No! Like plumbing and electrical work on your home, probate can be a “Do-It-Yourself” adventure. Emphasis on “adventure.” Can you steer your automobile with your feet? Sure! But that does not make it a good idea. Like do-it-yourself electrical work, plumbing, or probate. Jes’ sayin’.

Probate is required even if disabled brother also has a conservator for management of his assets.

MEDICAID RECOVERY
Remember how disabled brother got the money from the sale of the family home? If disabled brother was already on Medicaid, getting the money will boot him off. Until the money is all “spent down.” Or until the money is stashed in a Medicaid payback trust. Or a charitable pooled income fund. Or somewhere else where the other family members will not benefit.

Are there worse ideas than selling the family home before disabled brother’s death? Sure! You could invade Ukraine, expecting a liberator’s welcome. You could dump trillions of dollars into the economy, expecting no inflation. Spit into the wind. Tug the mask off the ole Lone Ranger. Mess around with Jim. Bad ideas.

When disabled brother dies, his life estate is over. No compensation. No estate or Medicaid recovery. The remaindermen get the remainder. All the remainder. Yay!

But in the meantime… You want to keep the family house occupied. Vacant houses have a way of burning down. Vacant house insurance is hugely expensive. Plus you still have to pay the taxes. And utilities. Mow the grass. Plow the snow. Paint it.

Why not let sister move in now, provided she pays all expenses? Subject to a written agreement? Give her a right of first refusal (not an option) so she may purchase the place after disabled brother’s death?

There are other possibilities. Leasing/subleasing.

Etcetera. But do not accept the assertion that it must be sold pronto. The family has options.

IRREVOCABLE TRUST

What’s going on with this?

Somehow there is an irrevocable trust blended into the mix. It is not obvious how that trust is being used, if at all. There are several possibilities. But a review of the trust would be essential to knowing what is going on.

Question: Can my father’s caretaker accept his entire estate? Can she be sued for selling everything? He is still alive. My dad signed over his house to his caretaker before she put him into an assisted living home. She then quickly sold it. He has 2 living children. Do I have any recourse now?

Short Answer: No, you do not “have any recourse now”. Sadly, a properly executed deed has consequences which cannot be undone. Even a deed that reverses the prior transfer has real world consequences that cannot be ignored. What consequences? [WARNING: LAWYER ANSWER TO FOLLOW] It depends.

Longer Answer: Is it possible that the caregiver may be sued or prosecuted for financial abuse of the elderly? Is it possible that Father was incapacitated or mentally incompetent at the time he signed the deed? Could those be grounds to throw it out? What if Father was coerced into signing by undue influence, would those be grounds as well? Perchance. Maybe. Possibly. Mayhap. Hmmmmm, tugs at goatee…

How can you prove that Father was consistently and continually mentally incompetent? Or coerced? Were you there the whole time? When he signed? These are difficult cases. Difficult to forget about apparent injustice. Difficult to remedy the injustice. Difficult to know if there was any injustice at all. Difficult to reconcile when the “bad actor” is a family member.

Is it crazy to think that it might just possibly be helpful to have had some professional assistance in this sort of situation? Maybe possibly a few bucks and hours now to avoid big bucks and years of woe in the future? Asking for a friend…

Father, it seems, was mentally competent and had the legal ability to sign. Adults can choose. Poorly. With disastrous consequences.

You may not believe it, but some folks with signs of developing dementia are propped up by gangs of greedy grasping gargoyles intending to gorge on ill-gotten gains. Despicable devils who deny demonstrable incoherence, impulsiveness, and inconsistency. For their own putrescent purposes. How can such evil exploiters exist? Trust the evidence of your own eyes if you doubt it.

Actions have consequences.

Question #1: Can my durable POA withdraw from my IRA and sell my home if I become incapacitated?

Question #2: Can I specify what accounts he can access?

I have two stepchildren. I will probably make one of them my durable POA—but I don’t want them to be able to access certain accounts that I have… if I become incapitated-nor do I want them to sell my home. Hopefully, I would have enough in my bank account to cover medical bills.

Question #3: Can I specify in my will what accounts the POA would have access to withdraw from? I am concerned about abuses as I have heard some horror stories and I have no children of my own or close friends. Question #4: Would I be better off getting a bank to manage my affairs?

Answer #1: Powers of Attorney always depend on the authority you write into them. You can limit the ability of the Agent under the POA however you choose. Generally, to be effective, you want your Agent to be able to access your Individual Retirement Account and to deal with your home.

Answer #2: Yes, you can limit the Agent’s access to specific accounts.

Answer #3: Horror stories are real. Financial abuse of older folks is also all too common. The good news is that there are professional trustees and fiduciaries who will not steal your money. So if you do have some question about the stepchildren, do not appoint them as your trustees or executors or agents or patient advocates or any other position of responsibility.

Answer #4: You may “be better off getting a bank to manage [your] affairs.” Professional trustees vary widely in their commitment to service and delivering value. Your friendly neighborhood elder law attorney (should) have plenty of experience with a range of professional trustees and banks. Why not ask? However, do not use an attorney as your trustee. The trustee function is fundamentally different than the lawyer function, in my opinion. A focused, professional trustee will do that job with much greater efficiency and at less cost than the typical attorney. But you still need to take care that you have the right trustee, and your attorney can be very helpful in that regard.

Is Now A Bad Time For A Real Solution?

Peace of mind and financial security are waiting for everyone who practices LifePlanning™. You know that peace only begins with financial security. Do you want to get lost in the overwhelming flood of claims and promises? Or would you like straight answers?

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?

May 9, 2022

Twelve years ago.

Last week.

But there were enormous differences.

Why Is One Desperate And The Other Secure? Do You Want Pity Or Respect?

Doesn’t the difference lie in what each person knows and how he or she uses that knowledge?

Why didn’t your lawyer or financial adviser tell you? They cannot tell you what they do not know.

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Question: Would an adult child be responsible for an elderly parents’ nursing home expenses?

Question: My boyfriend of 10 yrs just passed and now I got 30 days to get out it just don’t seem right. Is this how it is?

You Don’t Need A Weatherman To Know Which Way The Wind Blows

What’s It All About? Six Keys To Happiness

Is traditional trust planning failure a scam… Your Estate Plan Is A Death Trap Or Can It Be Explained By Incompetence And Indifference?

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QUESTION: How can I cash a check made out to the deceased?

Question: What are my mother in laws lifetime stay rights if she is in a nursing home?

What, Me Worry? Why So Serious?

Humans Are Naturally Pessimistic Evolutionary Psychology In A Nutshell

Riddle Me This!

Avoid Probate, Save Taxes, Get To Kids? Traditional Planning Is Death Planning And When You Die Broke, Drained By Long-Term Care, Probate Is Irrelevant

Is Now A Bad Time For A Real Solution?

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Is The World Changing? What Can You Do To Succeed?

You Are Going To Be Around A Lot Longer Than You Think

There Will Be A Lot More Older Folks In America And Fewer Young Ones

You Are Not Getting Older, You Are Getting Better! Up To A Point About Age 80, Then You Fall Off The Cliff…

Where Have All The Nurses Gone?

Inflation – Bad And Getting Worse. Much Worse

Lady Byng Trophy* Withdrawn Marquess Of Queensbury Rules** Repealed And Anonymous Emails Too!

What, Me Throw Stones? Challenge Accepted!

Avoid Probate, Save Taxes, Get To Kids? Traditional Planning Is Death Planning And When You Die Broke, Drained By Long-Term Care, Probate Is Irrelevant

Is Now A Bad Time For A Real Solution?

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Stand By For Additional Up-To-The-Minute Reporting From Roving Reporters

It’s Howdy Doody Time!

Records Set For New Regulations Not Just Inflation, Mortgage Interest Rates, And Gas Prices Anymore

Traditional Planning Is Death Planning

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The Original Three Stooges, At Least, Were Funny

Harry Potter Is To Blame! Or Maybe It Is Doctor Strange’s Fault

Magical Thinking: Consequences

Why Can’t You Live In The Magic Kingdom?

Traditional Planning Is Death Planning

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Crippling Inflation, Food Shortages, Gas Lines

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D-Liver, D-Letter, D-Sooner, D-Better

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You Are Not Getting Older, You Are Getting Better!
Up To A Point About Age 80, Then You Fall Off The Cliff…

Avoid Probate, Save Taxes, Get To Kids?
Traditional Planning Is Death Planning
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NO POVERTY. NO CHARITY. NO WASTE.
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Harry Potter Is To Blame!
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