Tag Archive for: Carrier Law

An Estate Planning Story: Failure To Plan Is Planning To Fail

Seventeen years ago

Springtime in Michigan. Sunny, warm breezes, promise of summer. But a cold winter for Lansing Car Assembly. For 120 years, the factory churned out REO Speedwagons, tank cannons, aircraft machineguns, millions of artillery shells, muscle cars, and the last Oldsmobile convertible. GM’s most efficient plant. But the last Olds, a sporty Alero, drove off the line on April 29, 2004. It was over.

Fred and Barney walked away. Friends since their Lansing Technical High School days. They hired into the plant soon after graduation in the 60’s. Married to Wilma and Betty, Lansing Central girls they met at a Junior ROTC dance. The girls joined the steno pool soon after the boys went to work.

Many years later, the two men retired from the plant Ransom E. Olds founded so long ago. Pure Michigan. These older gentlemen were very much alike. Team players. They got the job done. Both had better-than-average careers. Personable, well-respected, and secure. Revered members of their church. Paid-for home in a nice neighborhood: $175,000. Savings of $200,000 from the days before 401(k) plans. Life insurance: $75,000. No debt. Conservative investments. Three kids. Three grandchildren. No bad habits (except spoiling the grandkids).

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. Tinkering in the shop. Volunteering at church. Traveling. Enjoying the retirement freedom and security they worked for, looked forward to, earned.

Last week. Still the same…

Every year, when the weather begins to turn, Fred and Barney return to visit. Nothing to see, really. Just memories.

They were still very much alike. Both healthy. Still devoted to their wives. Not all marriages thrive for fifty years. Both primary caregivers for their high school sweethearts. At home. Sadly, just a few short years into retirement, Wilma and Betty were stricken with Alzheimer’s.

But there are enormous differences.

Barney struggles to make ends meet. Living in subsidized senior housing. “On duty” 24 hours per day until his health broke. Exhausted. Retirement savings, Life insurance, Comfortable home – all gone. Betty went to memory care first. Now, the nursing home. Bank account emptied, retirement benefits cut, Barney needs every penny of social security.

Fred recently hosted his favorite (his only!) granddaughter’s wedding. “Uncle” Barney was an honored guest. Nothing high society, but really nice. One hundred and twenty close family and friends. Life savings intact. Independent, secure. Yes, he is Wilma’s primary caregiver. But she still lives at their home. And he has plenty of help.

Fred’s superpower is the Program of All-inclusive Care for the Elderly (PACE). PACE is the Medicaid program that provides services at home. No worries. COVID emergency rules let him keep the home, workshop, life savings.

Why Is One Desperate And The Other Secure?

Have you ever wondered, as I have, what makes this kind of difference in a person’s life? It does not seem to be natural intelligence or talent or dedication. I do not believe that Fred wants security, and that Barney does not.

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

Every week we offer LifePlan™ Workshops and Webinars. Each week you are given a precious opportunity. You can say “Yes.” Yes to planning, security, choice. Middle class folks do not have to go broke. But traditional estate planning is broken. And that is the difference.

What is knowledge without action?

Nothing in the world can take the place of Persistence. Talent will not; nothing is more common than unsuccessful men with talent. Genius will not; unrewarded genius is almost a proverb. Education will not; the world is full of educated derelicts. Persistence and Determination alone are omnipotent. The slogan “Press On” has solved and will always solve the problems of the human race.

Calvin Coolidge

Years ago, Fred and Wilma invited Barney and Betty to join them at a LifePlan™ Workshop. Barney and Betty were too busy. Fred and Wilma made the time. Learned the lessons. Established their LifePlan™. It cost money. And effort. But Fred and Wilma (to be honest, it was mostly Wilma) persisted. And those law firm people made sure Fred and Wilma understood every step along the way.

When Alzheimer’s struck Wilma, Fred was ready. Health Care documents: Patient Advocate, Advance Directive, HIPPA releases. Even a funeral representative paper. Locked and loaded. Financial documents: Pantry Trust, Protection Trust, Financial Power of Attorney, Assignments, Deeds. Fort Knox safety.

Trusted professionals who do not charge by the hour. Everything quoted in advance. Friendly, reliable paralegals and attorneys. They sure seem willing to help. They say, “Always a free phone call. Always a free visit.” Maybe it is all just an act! But it is a pretty convincing act. Over all these years. And they have been darn helpful. Like with that wedding planner’s contract… Maybe they mean it…

“Freedom’s just another word for nothin’ left to lose” — Janis Joplin

Barney and Betty’s son-in-law told them about free fill-in-the-blank estate planning forms and cheap on-line services. A dedicated helpful son-in-law, he even printed them out on his own computer.
Free!

Free. Except for the $200,000 of life savings. Free. Except the $175,000 home. Free. Except the $75,000 life insurance. Yes. Free. Except for a lifetime’s worth of work and savings. Free. Except for that.
Maybe Janis was right. The most expensive things in the world are “free”.

LifePlanning™ works for you, your loved ones, your greater circle of friends. Have you heard about PACE or the new COVID emergency rules anywhere else?

Heartfelt Thanks To Geraldine T. Richardson – Special Contributor

I wish to recognize Geraldine T. Richardson (not to be confused with the other Geraldine Richardson who is a fine person but has no middle initial) for her inspiration. Geraldine has personally experienced, in her own family, the difference LifePlanning™ can make. I think it is fair to say that she is a little frustrated that more folks do not take advantage of these opportunities. (Hey, I’m doing the best I can!) When I asked Geraldine what more we could do, she said “Tell them, David! Tell them!” “How?” I replied. “Tell them about real families! But change the names…”

Call The Lifeplan™ Hotline Today at (800) 317-2812

Mail Call: Answers To Your Estate Planning Questions

(Not Edited For Spelling Or Punctuation) (Note: Not Legal Advice!)

Long answers are boring, short punchy answers are fun! Time for some fun…

LETTER #1

How should I word a letter to say I withdraw specific grants of authority on a POA?

I am primary agent on my father’s POA, but need to produce a letter that says I will not act as agent with respect to obtaining financial assistance from or communicating with Medicaid. Is that wording correct? Do I have to title it as an affidavit?

The Answer Is: “With Great Power Comes Great Responsibility”

Do Not Do This Bad, Awful, Evil Thing

Point #1 This is total BULL. You have been given the great power to make your father’s remaining life a life worth living. You are being asked to throw away that power, to sacrifice your father’s well-being.
Your father granted you authority to make decisions on his behalf. You accepted that responsibility. You have a duty to your father to exercise the authority you have been given in your father’s best interest. Your father’s best interest. Not the interest of somebody who wants to take advantage of your father.

Point #2 Who is asking for this? Who says you “need to produce a letter”? No reputable care facility would ask for this. No one who cares about your father would ask for this. There is no GOOD reason for anyone would ask for you to give up your father’s entitlement to federal health care benefits. There are lots of BAD reasons, though.

Point #3 Middle-class America already won this fight. Back in the day (as the kids say)(or used to say)(or never said but I thought they did)… When I first started doing this stuff, 31 years ago, it was not uncommon to see demands like this in long-term care contracts. The State of Ohio even prohibited Medicaid recipients from speaking with attorneys about their benefits. All blatantly wrong. All clearly illegal. Federal law is clear: no one can require you to give up your federal health care benefits. And that means you cannot give up your father’s federal health care benefits. You do not “need” to produce any such letter. Whoever asked for the letter was probably breaking federal law.

Point #4 Medicaid simply is the way America pays for long-term care.

  • Folks spend themselves into nursing home poverty.
  • Savings exhausted, farm sold, cottage gone, destitute.
  • Apply for Medicaid.
  • Get base level of care, paid by Medicaid.

Point #5 Middle-class savers can obtain Medicaid benefits in full compliance with state and federal law without going broke. Your savings can supplement Medicaid so that you receive the highest level of care, tailored to your unique needs.

Point #6. Private Pay Rates are about 50% higher than Medicaid rates for the same services. Reality Check: Look at your last medical or hospital bill. Do you think the hospital is paying $12 per aspirin?

Conclusion: Do not betray your father. Dear old Dad trusted you to act in his best interest. Accept the great responsibility that comes with great power. Make his remaining time on this planet the best time of his life.

LETTER #2

My husband’s step grandmother died in August. Her son (not our blood relative obviously) contacted us as the executor.?

He told us that he is distributing the proceeds of her estate and that he is sending us a check, even though we are not named as beneficiaries. My mother-in-law is livid (she has a number of mental and health issues) she cares for her disabled brother (both are beneficiaries) he is concerned she is not adequately caring for her brother. She is demanding that we not accept the check. What should we do here??

The Answer Is: Only Santa Claus Can Give Things Away for Free

You know you are not a beneficiary. If the money you are receiving was supposed to go to other people, that is a problem.

Point #1 Most folks do not leave money to grandchildren. And it is even more unusual to include step-grandchildren. As you observe, your husband is not a relative or named beneficiary. It is hard to see that he has any entitlement to a distribution.

Point #2 Your mother-in-law and her disabled brother appear to be children of the deceased step-grandmother. They are legitimate beneficiaries.

Point #3 If somebody is giving away your inheritance, you are justified in getting hot under the collar. BONUS POINTS: Extra aggravation if your disabled brother’s inheritance is being given away. Especially when you are caring for said disabled brother.

Point #4 Proper estate distribution is up to the personal representative (aka executor). Unless you acted improperly, distribution problems are on the executor-brother.

Head-scratcher: What the hell is going on here? See Point #1. This is strange.

Possibility #1: The executor-step-uncle is giving a portion of the executor-step-uncle’s own share to your husband. If so, no problem.

Possibility #2 The executor-step-uncle is making an unauthorized distribution of the estate. If so, the Probate Court could order your husband to disgorge the money. Also, executor-step-uncle is in deep doo-doo.

Conclusion: “Livid” mothers-in-law with “a number of mental and health issues” are not always wrong. Find out whether executor-step-uncle has any legal basis to make the distribution. If no legal basis can be determined by your own lawyer, do not take the money. Better safe than sorry.

LETTER #3

Can an executrix of a will evict a sibling who is also a beneficiary and has lived in the house for 40 years?

My ex-husband has been unable to work for the past 10 years in order to take care of his 99-year-old dad. He passed late last year. His sister took her dad to a lawyer when he was about 90 to create a will. 70% her/30% him. Ex-husband has lived in the very modest home for 40 years. He has no means to start over.

She is the owner of 2 homes and made enough money to retire at 59 (probably not relevant).

The Answer Is: Yes.

Point #1 Father opened his home to son for 30 years before father needed son’s help. Perhaps that helps explain the 70/30 split. Maybe sister isn’t such a “rhymes with witch” after all…

Point #2 Nowadays it is not so unusual to have the holdover tenant child. The kid moves home for a week. Or two. Or THIRTY YEARS! How is it that the kid could not save an apartment rental deposit in thirty years of working plus ten more years of not working and living off dad’s social security and pension. Jeepers!!

Point #3 Eviction is the remedy. In my experience, the “Irish Bachelor” son or daughter has no intention of going soft into that good night of leases, mortgages, rent and maintenance. EEEK! Responsibility! Oh no! Oysters have less attachment to their shells. Frequently the other siblings let “Timmy” stay in the house after the funeral. “For a little while.” Five years later somebody wakes up to the fact that Timmy ain’t goin’ nowhere! Far from being grateful, Timmy is angry that anyone has figured it out…

Point #4 The COVID moratorium on evictions is still in effect. That means you cannot legally evict Timmy. Serve him with the eviction papers anyway. You could try reasoning with Timmy. It will not do any good. At least you can get your ducks in a row for the moment evictions are once more possible.

Point #5 If dad had put Timmy on the deed, you could never get him out. So do not put your kids on deeds.

Point #6 A parent can give a caregiver child the house without screwing up their own Medicaid. The key is that the child has to reside with the parent and provide two (2) years of care services that keep the parent out of the nursing home.

Conclusion: There are dangers and opportunities when a child moves home. Mostly dangers. Consult with your friendly, neighborhood elder law attorney to avoid the mistakes and maximize the advantages.

YOU CHOOSE!

Applying for benefits does not mean Nursing Home Poverty or silly Spend Down. Learn how to preserve your loved one’s lifesavings, business, cottage, life insurance. Thousands of middle-class families have learned and use these techniques. Why not yours?

The Middle Class Is Broke Because Estate Planning Is Broken

How The Rich Do Long-Term Care

Spoke with a smart person last week. She works for a gigantic financial services company. You know the name. The company is excellent. She is excellent. Her team’s job is to look out for about 150 families. “Wealth Management.” They are good at it. Her families do not go broke.

I was curious… “How do you deal with long term care?”

“A cornerstone of our work, of course. You cannot ignore it.” She said.

“But how do you do it?” I persisted.

I was disappointed in her reply. She talked about “asset allocation.” Used the same words and phrases I had heard from other financial professionals. Stuff I have seen fail over and over again. Very disappointing. Burst my bubble. No insight here. And she had seemed so perceptive. But it was the same old, same old. Recycled stuff. Your own financial advisor gave you the same advice. Put so much over here, so much over there. Et cetera.

“That’s all well and good,” I said, “But don’t your folks go broke?”

She laughed. “No, never.”

“Never? I find that hard to believe. Long-term care is expensive.”

“Yes, it is,” she agreed. “But fifty million dollars is quite a bit of money.”

Demonstrating my keen intelligence, I replied, “Huh?”

“Well, our minimum is fifty million of investable assets…”

And then the lightbulb moment…

“Ohhh!”

How the rich do long-term care. From their (minimum) fifty million, their team of professional investors allocates a few million to long-term care issues. Problem solved. For them. Unfortunately, that is what your financial advisor is doing for you. That is why your family faces nursing home poverty.

We Are Not The Rich. Their Solutions Do Not Work For Us

Let me tell you about the very rich. They are different from you and me. [U]nless you were born rich, it is very difficult to understand.

—F. Scott Fitzgerald

Why aren’t your advisors looking out for you? Why all the parrot talk about asset allocation, hybrid insurance products, investment strategies? Why the outright denial and plain avoidance? Why won’t they level with you?

Maybe they do not know any better. Maybe they think that the same strategies that work for the wealthy will work for the middle class. Maybe they are doing the best that they can. Maybe they cannot help it.

Consider the possibility that your advisor learned “best practices” from a “wealth management” guru. Your advisor’s teacher excelled at preserving and growing “old money.” Your advisor was inspired by someone who hobnobs with wealthy folk day-in and day-out. The result: Your advisor may know how to deal with rich people. But what does that have to do with you?
Exactly nothing. According to Ernest Hemingway, the rich are different than you and me. “Yes, they have more money.” Planning for $50,000,000 is not like planning for $500,000. How is that not obvious?

Broken: How The Middle-Class Does Long-Term Care

You spend. And spend. And keep on spending. $12,000 each month for skilled care. $6-7500 each month for assisted living. $25 each hour for companion care at home. More if you want a certified nursing assistant or nurse. Asset allocation? Hardee-har-har.

And then you are broke. Medicaid to the rescue!

Your estate plan is meaningless. Your financial plan is out the window. Your lifetime of work and savings has evaporated. Middle class planning that fails is broken. Let us be honest.

What if we faced the fact that you are not the Great Gatsby? That you do not have a couple million to allocate to long-term care? That long-term care for middle class people like us means Medicaid? Sooner or later, Medicaid will be the solution. Four out of five people in skilled nursing facilities are on Medicaid. 80%. That is reality. Thousands of families receive at-home care through Medicaid. That is also reality.

Fix It: The Middle-Class Can Win Long-Term Care

Recognize that long-term care is a reality for the vast majority. Two-thirds of women, half of men are eventually institutionalized. Accept that Medicaid is the way America pays for long term care.

Anticipate. Plan to preserve your lifesavings. For yourself. For your spouse. For the next generation. The world needs you and your values. Dying in poverty is no way to demonstrate success.

There are 3 goals of LifePlanning™
#1 No Poverty. You will not go broke. Your choices will matter. Your family will succeed.
#2 No Handouts. You have paid into the system with every paycheck, every IRA Required Minimum Distribution, every tax payment. You are not looking for charity or a free ride. Only a bit of fairness.
#3 No Waste. Your hard-earned savings will not be wasted on probate. Will not be thrown out the window. Will not be intercepted by predators or creditors. Your legacy will be of life well-lived. And support for the next generation.

There is no problem with rich folks being rich or planning that takes account of wealth. Good for them.

There is a big problem with advisors giving the same advice to middle class workers and savers that they give to those rich folks. Do not fall into this trap. Learn how. It is super easy. Barely an inconvenience. On your schedule. In the comfort and safety of your own home. In the comfort and safety of one of our workshop rooms. In the comfort and safety of wherever you find comfort and safety.

Sending Just Money To The Next Generation – Easy. Worthless.
Sending Money With Values To The Next Generation – Difficult. Priceless.

Sixty minutes to personal control. Because you earned it. Avoid Nursing Home Poverty. Thousands of middle-class families have learned and use these techniques. Why not yours? Transmit your values along with your stuff.

Got Questions? Get Answers! (800) 317-2812

Your New Opportunity For Free At Home Care

You are tired. Caring for a loved one with dementia is no joke. You are worried. Where is the money going to come from? Lifesavings almost exhausted. Maybe a home equity line of credit… maybe credit cards… how long can I keep putting one foot in front of the other? What to do? So many people saying so many different things… Take a break with the newspaper… Boring… What does any of this have to do with me? Nothing but bad news anyway… Maybe that lawyer guy always yapping about nursing homes and such has something to say…

Emergency Rules Effective “Until Further Notice”

April 1st Cut-Off Rescinded! Free At-Home Care For Middle Class Taxpayers

Nobody Wants To Be Institutionalized:

Basic Facts
Thirty-nine years as an attorney. Thirty-one years focused on estate planning and elder law. Helping thousands of families deal with Alzheimer’s, Lewy Body, Parkinson’s, ALS… Watching Dad cope with Mom’s vascular dementia and death. One year of pandemic lockdown. One year of unnecessary death. By “Executive Order.” Here is what I see:

Great! 40 years of ignoring regular folks…
Big shot lawyer-guy… What do they know?
What does he care?

Fact #1: Your husband, wife, mom, or dad does not want institutional care. Neither do you. You want to stay home. So do they.
Fact #2: Institutional Care is COVID-19 deadly. How deadly? Very. At least 70 times greater. But cooked books in New York means we do not know just how deadly.
Fact #3 Institutional Care is Expensive. Assisted Living is $4000-$6000 per month. Nursing Home is $10,0000-$15,000 per month.
Fact #4: Your family is going broke. Nursing Home Poverty.
Fact #5: Medicaid pays when you are broke. Busted. Played out. Sell the cottage. Cash in the CDs. Spend the savings. When your lifesavings are gone, you can share a room. Get a shower a week (whether you need it or not). Experience the adventure of group laundry. Listen to your roommate practice his Tiny Tim impression, Tiptoeing Through the Tulips. At Two in the morning.
Fact #6: You want to care for your loved one. “Richer or Poorer, Sickness or Health, Good times and Bad” “Honor your Father and Mother.” You take this family responsibility stuff seriously.
Fact #7: Caring for you will kill your spouse. Break up your kid’s marriage. Caring for your spouse will kill you. Caregivers die first 40-50% of the time.
Fact #8: You can fix all of this. It will not cost you your lifesavings. Or your home. Or the cottage. Or your business.
Fact #9: Most folks would rather suffer the consequences than call 800-317-2812. Or take any other positive action.
Fact #10: Refusing the help you have paid for with your taxes. That is the tragedy.

Sounds wonderful! Sure. What does that guy know about tragedy? That stuff never works anyway. Not for us. We just pay and pay.
Promises, Promises, I’m all through with promises, promises now… One foot in front of the other… It is getting worse…
Doesn’t recognize the kids anymore… Hardly knows who I am… But I can do this! It’ll be OK… Somehow.

You Need Help. But. The Care Is Too Damn Expensive!

Yes. Yes, it is. Care is expensive. Caregivers are difficult to find. The work is hard. The hours are long.
Program of All-inclusive Care for the Elderly (PACE) is the answer.

You or your loved one is safe at home, with family support. But you need care. Maybe not a lot, but more than a little. Just enough to keep you at home. That is where PACE comes in.

Compared to traditional, institutional care, PACE is a bargain. Much less expense. Meeting the need. Not so expensive. For the government. PACE is free to you.

Now: Expanded Eligibility

PACE is a privately run program. Paid for with your tax dollars. The tax dollars you contributed while working. The tax dollars that come out of every Social Security and pension check and IRA/401(k) distribution you receive. You have earned PACE.

But you must qualify. Maybe you have been told to sell the cottage. Or the farm. Or the hunting property. Maybe you have been told to “spend down.” No more CDs for you! Cash in those stocks and bonds. No security. Not for you. Not for your spouse. Not for your family. But…

Last year we reported good news about PACE. Emergency Rules. Eligibility expanded for thousands more families. Keep your life savings, cottage, farm, rental properties, business. Poverty is no longer required… provided you follow the complex rules. Care services are free. Keep your income. No co-pay. No doughnut hole. No other contribution.

Last year the State of Michigan said the special rules would expire in June. Then the State of Michigan said the COVID rules would expire in November. Then the State of Michigan said the emergency rules would expire in April. Getting dizzy yet?

Last week, the State of Michigan changed its mind again. Remember, these expanded rules have saved thousands of middle-class families like yours from nursing home poverty. Well, the State of Michigan said that these very beneficial rules would remain in effect, “UNTIL FURTHER NOTICE”!

Many Michigan families have already acted on this information. They are securing at-home care for their loved ones. PACE keeps them safe from the deadly COVID-19 virus stalking long-term care facilities.

Just like the government… keep changing things.
Do it this way, do it that way… Masks are awful… Masks are great… Six feet distance… Three feet distance…
Even if I try to go for that PACE thing, they’ll just change the rules again and we’ll be really be up a creek…
Still, might be nice to get some help… Wakes me up at all hours… Just wandering through the house…
How much more can I take? One foot in front of the other… So lonely…

Healthy Skepticism Or Deadly Doubt?

Many more families could benefit. But tragically, they cannot believe it is possible. Healthy skepticism hardens into stubborn rejection. Everyone suffers. Clinging to the idea that it is “too good to be true” or “fake news”? Pitiful. I’ve spoken to some folks who were uncertain and suspicious. Accurate information and proof beat unfounded fears every day. Fact: You do not have to accept nursing home poverty for yourself or your loved one.

Exactly… just a come-on. Fake news. Never works for real people. Can’t fool me with that too good to be true crap. What does a lawyer know about long-term care anyway? Shysters! What do they care? We won’t get fooled again…

Do You Or Your Loved One Qualify?

Answer Yes To 3 Questions:
1. Need help with activities of daily life? Memory problems? Oxygen therapy? Blindness? Dialysis? These are just a few of the many ways to qualify.
2. Are you safe at home?
3. Gross social security less than $2382? (Special rules for pension income.)

Let’s do the homework together. Most folks get large benefits. It costs nothing to find out.

Get Answers Now: 800-317-2812

Yeah, yeah… it’s dementia… Of course, we need help with daily routine… Of course, there are memory problems… not thinking straight… Still safe at home, as long as I’m around… I wish we
got that much social security! What’s a pension? “Large benefits” huh… I’m so sure… “Costs nothing” who believes that? It would be nice, though… Bah… nonsense!

Covid-19 Rule Changes Will Not Last

COVID-19 emergency rules are temporary. The benefits are permanent. When the emergency is over, these favorable rules will be gone. Of course, this may not be for you. Why not find out? Is it so bad to get back a little from the tax dollars you have paid? Call our Discovery Paralegal at 800-317-2812. Why not find out now?

Sure, it might be nice to get something back from taxes, but that is not how it works… $1400… whoop-de-do… We need real help, not window-dressing…

What Benefits Does Pace Provide?

Folks always want to know: What can PACE do for me? You have a team on your side. Your PACE team is doctors, therapists, dieticians, nurses, physician assistants, administrators. All work together to provide the best solution. Want more detail? You can receive:

ADULT DAY HEALTH CENTER
• On-Site Physician/Medical Supervision
• Nursing Care
• Physical Therapy
• Occupational Therapy
• Recreational Therapy
• Activities and Exercise
• Breakfast, Lunch, Snack
• Nutritional Counseling
• Social Services
• Dental Care
• Audiology
• Optometry
• Podiatry

I bet it’s a dump, full of crazy people…

Medical Specialists
• Women’s Services
• Dentistry and Dentures
• Optometry and Eyeglasses
• Audiology and Hearing Aids
• Podiatry, Diabetic Shoes and Orthotics
• Cardiology
• Rheumatology

“Medical specialists!”
I bet there a bunch of hacks and quacks…

Outpatient Services
• Lab Tests
• Radiology
• X-Rays
• Outpatient Surgery

Sure, x-ray machine from when LBJ was president…
Surgery with rusty knives, I bet ya…

Primary Care Physician
• On call 24 hours a day, seven days a week.

Huh, 24/7… probably just an answering service…
I bet they “get back” to you next week, next month…

Home Health And Home Care Services
• Skilled Nursing and Assisted Living
• Physical and Occupational Therapy
• Personal Care
• Chore Services
• Meal Preparation

I bet they don’t really do all that stuff…

Inpatient Services
• Emergency Room Visits
• Hospitalizations
• Inpatient Specialist
• Skilled Inpatient Rehabilitation

I know they use the local hospital so that’s OK,
but I bet only the old, run-down parts of it…

Transportation Services

I bet they give you a used bicycle… Good Luck!

Prescriptions And Over-The-Counter Medications

I heard they have their own pharmacy… No co-pays. No record-keeping. No neighbor kids stealing our drugs off the front porch. Huh. Well, I bet there’s something wrong with it!

Family/Caregiver Support Services
• Respite Care and Caregiver Education

Rehab And Durable Medical Equipment
• Wheelchairs
• Walkers
• Oxygen
• Hospital Beds
• Diabetic Testing Supplies
• Adult Day Care

The Smiths used PACE…
they got brand-new equipment. Top notch stuff.
I bet that would not work for us…

What You Need To Do Now… While There Is Still Time Under The Covid Rules

Get the straight story. You do not need to prepare for the call. Call as you are. Very basic questions… you already know the answers… Your loved one is counting on you. Don’t let them down. It’s simple and free. Call 800-317-2812. Your Discovery meeting and Analysis meeting are waiting for you. Get it done.

What’s that they say in the casino and lottery commercials? “If YOU have a gambling problem, call the hotline etc, etc… Maybe I’m betting too much… Maybe I’m gambling with my loved one’s health and well-being… Maybe I’m gambling with my own health and well-being… Maybe I have a “gambling” problem… What was that number again?… 800-317-2812…
Hey! Old-fashioned toll-free…

Long-term care breaks the Michigan Middle-class. Destroys your peace of mind. Throws all your best-laid plans into confusion. Intimate, family relationships are strained, sometimes to the breaking point. Couples of 50,60,70 years separated as never before. LifePlanning™ preserves your lifesavings and protects what you deeply value. Security for you and your loved ones. That is what this is all about. And I explain how in our Workshops and Webinars. Recently, however, an older gentleman challenged me. “How do I know you deliver the security you talk about? What’s your guarantee? You lawyers don’t guarantee a darn thing. Humph!” I like a challenge. And that comment got me to thinking… Why not a Guarantee? We say we deliver security, peace of mind, a solid foundation for the future. That’s what thousands of clients over the last 31 years have said, too. But why not a GUARANTEE? So here is our totally scientific, iron-clad, super-duper paratrooper, no bones about it, tell us what you really think, Guarantee.

Peace Of Mind Is Our Stock In Trade

Sleep Like A Baby…
Walking On Sunshine
GUARANTEE
You Be The Judge!

Here’s How It Works
1. Come to a Workshop or Webinar.
2. Meet in person at one of our convenient offices or by ZOOM.
3. Working together, we devise a comprehensive LifePlanTM that meets your unique needs.
4. You retain us to implement your LifePlanTM.
5. When you take that first step on the LifePlanTM journey, each adult will receive:
a. A brand-new, FedEx-fresh from the factory, queen-size MyPillow®. Medium Firm. (Yes, these are the genuine article; the real McCoy! Accept No Substitutes!)
b. Deluxe Pillowcase(s) (Also new (what did you think?)).
6. Sleep on your new MyPillow while we draft and you review your LifePlanTM. Take careful note of the deeper, more restful and refreshing sleep you enjoy. (Is it the MyPillow or your progress to LifePlanTM security?
7. At one of our comfortable, homelike offices, your home, hospital, long-term care facility or such other place as may be convenient, create your LifePlanTM by signing a truly impressive array of documents.
8. Feel the calming waves of relief and security wash over you and your family.
9. Evaluate your sleep.
10. I GUARANTEE
a. You will enjoy peaceful sleep unlike any other ever before!
b. Your LifePlanTM Peace of Mind will beat the MyPillow, hands down!
c. The calm invigoration of your LifePlanTM will make you feel like a new person!
d. As the lines of worry and anxiety fade from your face, your family and friends will accuse you of having had plastic surgery! Wow!
11. If your LifePlanTM does not “knit up the ravelled sleeve of care” (as Shakespeare said), simply let us know. You may have your choice of:
a. An electronic metronome; or
b. A white noise machine; or
c. A box of chamomile tea bags.

Now That’s A Guarantee!

A Star Wars Story – Your Estate Plan Is Surrender to the Death Star

But You Can Save the Universe!

What if Estate Planning were like Star Wars? Who is the bad guy? Who is the hero? How do you win? No technicalities. All the realities. For purposes of this parody (must call it a parody for copyright purposes), we assume you are familiar with Star Wars (only the first one).

You Are Luke Skywalker

Regular folks. Working hard on the farm. Faithful to your family. Life is boring, but you have ambitions. Wanting to make things better. For yourself right now. Then for the next generation. But the evil Empire is in your way. How can you win?

Nursing Home Poverty Is The Evil Empire

You face the future. Aging and disability are out there. Real. No kidding. Bad news. Darth Vader level bad news. Most families die broke. Most folks wind up in long-term care. You do not have to worry about probate because you spent everything on at-home care, assisted living or skilled nursing. But you are not cowardly. No running away. Heroic. You are not going broke! But what to do? How to beat the bad guys?

We Are Obi-Wan Kenobi

Obi-Wan has been down this path before. Offering insight. Delivering your light saber. You have to save the day, but you are not alone. We can help, but that is all. Remember, you are the hero!

The Hero Needs A Plan… Here It Is!

Is it hard to beat the Evil Empire? To secure your lifesavings and protect your family? For a hero like you, it is super easy! Barely an inconvenience…

Every week Obi-Wan Kenobi will personally guide you along the path to victory. Sign up today for a Workshop or Webinar. Some are listed on this page. Call the Rebel Alliance directly at 800-317-2812.

Slack Off And Watch Darth Vader Take Over Your Universe

Can you afford to have the Death Star blasting laser beams at your planet? Can you afford $10,000 to $15,000 per month for skilled care? (Aren’t those the same question?)

If Darth Vader takes over, your choices are gone. No freedom for you! If your lifesavings are gone, what choices do you have? How have you provided for those you love?

With the Evil Empire in the saddle, life for future generations is bleak. If you allow Nursing Home Poverty to strike your family, who is going to help with your grandkids’ tuition? Bleak.

LifePlanning™ Is The Light Saber of Righteousness!

Luke Skywalker does not leave home without it. His light saber. LifePlanning™ is your light saber. LifePlanning™ is your arsenal to defeat Nursing Home Poverty. To preserve lifesavings. To stand up for Truth, Justice and the American Way! (That’s another hero…)

Still, you are not sure exactly what to do. As I see it, you have three options:

First Option: Same Old, Same Old

Look for an estate planning attorney. They still have Yellow Pages, don’t they? Research online. Ask your friends. Look at billboards on the highway. Call several and set up appointments. Go through the interviews. Ask questions, get fuzzy answers and pages of legal jargon. Work through that entire process to perhaps find yet another lawyer offering something similar to what you already have. Or maybe 4,5,6 lawyers offering the same old thing. Check out a few online internet services too! Sounds so easy… Then wind up back on square one. Still no peace of mind. No comprehensive plan. No security.

Second Option: Do Absolutely Nothing

Why does anyone plan their estate? Why bother spending all that time and money for a will or trust? Most people plan for peace of mind. Maybe you do not need that security. Stay exactly where you are. Getting exactly what you have always gotten. Acid indigestion. Insomnia. Migraines. Accept that what you have is as good as it gets. Suck it up, buttercup!

Third Option: Explore LifePlanning™

Give it a try. No need to give up your current plan. Just come to a LifePlanTM webinar or workshop. See what it is all about. What could you accomplish? Is it better than what you have now? Easy? Sixty minutes. At home. At one of our four locations. At your convenience. At your service!

Sure, the future is uncertain, but you are not helpless. LifePlanningTM means that your life’s work serves you. And your families or loved ones. LifePlanningTM never becomes obsolete.

Be The Hero, Save Your Universe
Get It Done In Twenty-One!

Luke was hibernating or something in 2020. A whole year of wasted opportunity. Darth Vader running rampant! Wake up… Take a stand. Be the hero! Use the Force…
Sixty minutes to personal control. Because you earned it. Avoid Nursing Home Poverty. Thousands of middle-class families have learned and use these techniques. Why not yours?

Got Questions? Get Answers!

GET ANSWERS NOW… THE CALL THAT CHANGES YOUR LIFE…
COME TO AN IN-PERSON WORKSHOP…
LIVESTREAM ON-LINE AND GET ANSWERS TO YOUR QUESTIONS
WHATEVER IT TAKES TO SERVE!
(800) 317-2812

Is a “Pinto” Plan “Good Enough” for Your Spouse and Family? For You?

Why Don’t You Deserve “Cadillac” Planning? Is the “Cadillac” Plan Too Good for Your Spouse? Your Family? Why?

Thousands of middle-class families have used LifePlanning™ to get the peace of mind that comes from loading your family into the safest, most comfortable vehicle possible. Without thorough planning you will spend yourself into Nursing Home Poverty. You get what they feel like giving. Not what you have earned. Not what you want. Not what you deserve. With a whimper, not a bang. Quieter than a flaming fireball of dramatic death, but just as devastating. To you. To your family.

Without LifePlanning™ , you are driving a Pinto.do not have good answers to the questions. No one has your back. Maybe things will work out. Maybe you will get home today. Maybe. Why not be sure?

LifePlanning™ preserves your lifesavings. You never go broke. Your earnings serve you throughout your lifetime. And that means…

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

Reverse Mortgage, Real Estate, and Medicaid

Answers to your questions
Note: Not Legal Advice!

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

You Must Sell The House… Or Be Foreclosed!

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

The Problem What To Do With The Leftover Money?

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

Some Solutions And Strategies

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

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

Easy, Easy, Easy! The Pooled Trust

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

Easy, Easy! The Medicaid Payback Trust

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

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

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

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

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

While Mother Lives – Before The Sale

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

Mother Still Lives – 12+ Months Later – Must Sell

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

Mother Dies Before Forced Sale Of Homestead

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

To Infinity!

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

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

And Beyond!

Applying for benefits does not mean Nursing Home Poverty or silly Spend Down. Learn how to preserve your loved one’s lifesavings, business, cottage, life insurance. Thousands of middle-class families have learned and use these techniques. Why not yours?

Got Questions? Get Answers!

GET ANSWERS NOW… THE CALL THAT CHANGES YOUR LIFE…
COME TO A WORKSHOP… Live or Zoom Webinar… It is INTERACTIVE!

(800) 317-2812

What is Long-Term Care? Who Provides It?

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

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

The following are the types of long-term care:

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

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

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

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

At-Home Medicaid — Are You Eligible?

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

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

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

MEDICAID PROGRAM – Pace Expansion Is A Big Deal

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

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

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

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

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

Threat To Middle Class Security

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

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

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

Healthy Skepticism Or Deadly Doubt?

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

Do You Or Your Loved One Qualify?

Answer Yes To 3 Questions:

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

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

Get Answers Now: (800) 317-2812

What Are The Benefits?

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

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

No Poverty. No Handouts. No Waste.

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

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

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

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

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

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

GET ANSWERS NOW. (800) 317-2812

Things Everybody Knows, That Are Not So!

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

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

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

Happens all the time, right?

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

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

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

Reading Of The Will:
Who Gets The Leftovers?

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

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

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

What Is Probate?

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

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

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

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

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

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

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

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

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

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

Probate Court Is The Janitor!

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

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

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

 

But What About The Will?!?

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

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

Your Will only “works” after you have died.

Your Will only “works” by going through Probate.

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

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

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

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

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

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

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

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

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

Sixty minutes that to accelerate your success. An hour to put 2020 in the rear-view mirror. Avoid Nursing Home Poverty. Reject silly Spend Downs. Learn how to preserve your loved one’s lifesavings, business, cottage, life insurance. Thousands of middle-class families have learned and use these techniques. Why not yours?
Got Questions? Get Answers!

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

Answers To Your Estate Planning Letters

Note: Not Legal Advice!

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

No Good Deed Goes Unpunished

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

Undue Influence

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

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

BUT…

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

Solution!

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

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

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

Old Habits Die Hard

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

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

Prove You Did Not Give It Away!

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

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

Solution! Save The Homestead

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

And Beyond!

Applying for benefits does not mean Nursing Home Poverty or silly Spend Down. Learn how to preserve your loved one’s lifesavings, business, cottage, life insurance. Thousands of middle-class families have learned and use these techniques. Why not yours?

Got Questions? Get Answers!

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

Client Success Stories…

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

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

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

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

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

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

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

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

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

Our Office Locations

Grand Rapids, MI

Norton Shores, MI

Holland, MI

Portage, MI

Practice Areas

Medicaid Crisis Lawyers

Estate Planning Lawyers

Elder Law Lawyers

Family Trust

Probate Lawyers

Trust Funding Center

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