Tag Archive for: elder law

You know how it is. Everybody has something to say. And each one says something different. It is a whole choir singing flat: Financial Advisor. Accountant. Next-door neighbor. Friend from church’s lawyer. That get-out-of-debt guy on the radio. That financial guru woman on public television. Confusing? Yes. Here’s the straight story…

Probate Works Like This. It’s Simple.

1. You run into Meijer (or Spartan Stores or D&W) for a loaf of bread. Before you know it, your arms are full of items you cannot live without. And you are in control of that stuff.
2. But then: You slip and fall! Whoops… the stuff goes flying and makes a big mess. You had total control. Then you had none.
3. Clean Up On Aisle 3!
4. The janitor comes out to clean up your mess. The janitor takes your stuff and decides what to do with it. Where it goes. How it gets there. According to Janitor Rules.

Translation: Here is How Probate Works!

1. You earned and saved. Now you have stuff. Not groceries, but your home, insurance, investments, furniture, automobile, stocks, bonds. You have control. You earned it. It is all in your name.
2. But then: You died. You became disabled. You lost control.
3. Now nobody controls your stuff anymore. Not you. Not anyone else. But somebody has got to figure out what to do with your leftovers… And that’s the job of Probate Court… figuring out what to do with the leftovers.
4. Now a big chunk of your lifesavings goes to probate attorneys and a bit more to probate court.
5. Your beneficiaries get the rest. You hope.

But My Will Avoids Probate! Doesn’t It?

Wills do not avoid probate at all. Your will is nothing but a nice letter to the janitor, asking nicely that the janitor will do as you ask:

Last Will & Testament

Dear Janitor,
When I have slipped and fallen and you find my stuff, please let my spouse/child/someone special help you.
Please pay any bills that you get. Please advertise to see if anyone else wants to claim any of my money. Do not forget to pay yourself and anyone who helps you!

Please do not use your usual rules, but give my stuff to the following folks: 1,2,3…
Thanks Janitor!

Signed,
Person Who Did Only a Will.

Remember: The Will does not do anything except tell the Probate Court where you want the leftover stuff to go. If anyone finds it. Then reads it. Then follows it. And if no one else complains.

  • A WILL DEMANDS PROBATE!
  • A WILL ONLY WORKS IN PROBATE.
  • If sole ownership and death, then Mess.
  • If Mess, then Probate.
  • If Probate, then Will.
  • If no Mess, no Probate.
  • If no Probate, Nothing for Will to do.

Get the information you need to avoid the janitor! Call 1-800-317-2812

Dedication, Devotion

Just a few months ago.

On a perfect spring morning, two women were reading their Sunday paper. They were remarkably similar. Both had children and grandchildren. Both were reliable volunteers for church and civic affairs. Both were looking forward to their 50th wedding anniversary.

Their comfortable homes were paid for. Both had substantial retirement savings. No debt. No extravagant or expensive habits. Other than spoiling their grandchildren at every opportunity. In a good-natured way, of course.

Both were the sort of middle-class people who enrich the world by their simple presence. And generosity of spirit. Authentic kindness.

Both were primary caregivers for their husbands. Both of whom, after many years as partner and confidant, father and grandfather, best friend and “accomplice” had succumbed to Alzheimer’s Disease.

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.

Their kids think its corny, but they took the words of JFK seriously: “We choose to do these things, not because they are easy, but because they are hard.” And Alzheimer’s is hard. Their kids, living in other states, also think it’s 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 morning, 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 bold 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?!

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!”

The other thought, “I never heard of this before. Is it possible? Maybe I should find out more…”

Five years quickly passed.

And That Has Made All of the Difference

Another fine spring morning. But now these women were not so much alike.

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.

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. She was facing bankruptcy. She gladly spent the life savings to pay home care workers. She did not really mind selling the cottage. The proceeds had been spent years ago. 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. Soon they were in a senior housing project, but at least the bill collectors had stopped calling.

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.

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.”

Her health was good. The PACE folks were a blessing. No worries. PACE had installed a walk-in shower 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.”

Several months later.

I Have Finished the Course, I Have Kept the Faith

At the first woman’s funeral, her friends agreed. It was tragic. 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 preachers 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. At peace. What did the Lord have in store for her now? She did not know. But she looked forward to finding out.

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 blog, 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 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 this blog. So now you know. No excuses. We are 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. If you want to take the right road, isn’t it time for you to call our office today?

The Law Offices of David L. Carrier, PC
4965 East Beltline Avenue, NE
Grand Rapids, MI 49525
Toll-Free – (800) 317-2812

In light of the COVID-19 pandemic, many people are now either considering putting an estate plan in place or reviewing their existing documents. Everyone should have an estate plan in place, whether there is a global pandemic or things are just fine for you now. Planning for the future just makes sense.

Once you decide that you need an estate plan, the next question, is “What documents do I need?”. Every competent adult should have a properly written Healthcare Power of Attorney document and Financial Power of Attorney document. (More on those in a separate article).

Some people wonder if they need a trust, or quickly dismiss a trust as an option – either because they don’t understand the benefits of a trust or think it is only for those with a net worth in the millions.

A trust is a legal document, created by a Grantor, and managed by the Trustee. Often, the Grantor and Trustee can be you – the person who creates the trust. There are many types of trusts and each has its own specific purpose. In general, the Trustee manages the assets in the Trust while the Grantor is alive, and transfers the trust assets to the beneficiaries upon the Grantor’s death.

Years ago, Trusts were a method to save on inheritance taxes. Unless your estate is approaching $11.5 million, this is not a concern for most people. Today trusts are used more for managing your assets while you are alive and distributing your assets the way you wish upon your death.

Trusts provide many benefits, including: 1) the ability to protect your assets while you are alive, by keeping your assets away from creditors or the nursing home, and leaving a legacy, 2) avoiding probate court and saving your heirs legal expenses and time upon your passing, 3) avoiding estate recovery if the State pays for your nursing home care, 4) providing a trust for your beneficiaries so your beneficiaries don’t lose your life savings to creditors, an ex-spouse or the nursing home, 5) the ability to more easily manage your assets if you are alive but not competent, 6) provide special needs planning if your beneficiary is not able to manage his/her assets due to a disability, and 7) a properly funded trust will avoid probate court when you die, and keep your estate private.

Selecting the right type of trust and drafting it for your own specific circumstance should be performed by an experienced Estate Planning attorney. Some people will research articles on the internet, and download a trust thinking that they will save themselves some money. Practicing Estate Planning is not something you want to risk with your life savings. The failure to have a properly drafted and funded trust can be expensive to fix later or cost you money by not properly protecting your assets for you or your beneficiaries. Some of the pitfalls are: not funding a trust, not having the right trust in place, estate recovery by the state, not protecting your beneficiaries.

Estate Planning is more complex than most people think. Don’t make the mistake of not putting a plan in place just because the thought of planning is daunting. The sooner you put an estate plan in place the sooner your life earnings will be protected, which will give you peace of mind.

Call 616-361-8400 now to schedule a free consultation with one of our experienced Estate Planning attorneys.

It was a perfect midsummer afternoon, twelve years ago. Two men retired from the same Michigan manufacturing company. They were very much alike, these two older gentlemen. Both had better-than-average, thirty-year careers. Both were personable, well-respected, and secure. Home, nice cottage. No debt. Conservative investments. No bad habits. And both – as new retirees are- were filled with dreams for the future. More time to spend with their wives, kids, grandchildren, at the cottage, on the golf course, travel. Enjoying the retirement freedom and security they had anticipated, saved for, earned.

Recently their company had its one-hundredth anniversary. Both men returned to celebrate.

They were still very much alike. Both healthy. Both had three grandchildren. Both still devoted to their wives of over forty years. Both primary caregivers. At home. Just a few short years into retirement. Their wives suffered from Alzheimer’s Disease.

But there was a difference. One of the men struggled to make ends meet. “On duty” 24 hours per day. Exhausted. Retirement savings, cottage, comfortable home – all gone. Living on social security. The other man recently hosted his granddaughter’s wedding. At the lake. One hundred and twenty guests. Life savings intact.

Independent, secure. Primary caregiver with plenty of help. Using the Program of All-inclusive Care for the Elderly (PACE). No worries.

What Made the Difference?

Have you ever wondered, as I have, what makes this kind of difference in people’s lives? It isn’t always a native intelligence or talent or dedication. It isn’t that one person wants security and the other doesn’t.

The difference lies in what each person knows and how he or she makes use of that knowledge. Useful knowledge. Action. Follow through. Better results.

Planning Where the Rubber Meets the Road

Living Life to the fullest, whatever the circumstances.

Knowledge, concepts, ideas – all very fine. But without action? Nothing! LifePlanning™ incorporates knowledge, in real life. Getting the benefits you have earned. Avoiding nursing home poverty. Living life to the fullest, 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?

Your Own Success and Security

We cannot promise you instant success or eternal security. But we guarantee that the LifePlan™ approach to the best to secure your success and meet your needs.

Get Knowledge Now!
Call 1-800-317-2812.
There’s a LifePlan™ Workshop near you.

“Best Kept Secret” Provides Free Care; Thousands Don’t Know They’re Entitled to Benefits. A Government Program That Saves Money and Works Better Than Anyone Expects… Is That Even Possible?

What can be done about long-term care? You want to stay in your home. You want to care for your spouse. Now, and for all the years to come. Surrounded by family and friends. Comfortable, familiar. But you cannot afford it. What if there was help? Help that did not touch your income. And you can preserve your life savings. What if your security and independence were guaranteed? Too good to be true? No, it’s PACE. The Program of All-inclusive Care for the Elderly. Most who qualify have no idea.

Too good to be true? No, It’s PACE!

Attorney David L. Carrier has supported PACE for over 20 years. “No matter what you’ve been told, take a good look at PACE. Let’s face it, care is expensive, and nobody wants to go to the nursing home anyway. PACE means you don’t have to!” “And PACE is simple: Are you 55 or older? Are you safe at home? Some medical or physical issues? PACE might be just the thing.” Carrier suggested. “It’s surprisingly easy to get what you’ve earned. Even if you’ve been told your finances are a problem, don’t hesitate. New approaches mean that thousands of more families can avoid nursing home poverty.”

PACE is a life saver. Spousal care overwhelms even the most devoted husbands, wives, and children. One study states that “caregivers between the ages of 66 and 96 have a 63% higher mortality rate than non-caregivers of the same age.”

Caregiver spouses sacrifice themselves to keep their loved one at home. And then the institution is inevitable. For single folks, sometimes, it’s their children who decide.

That’s why thousands of your friends and neighbors wind up in institutions. That’s why nursing homes, assisted living facilities, group homes are bursting at the seams. No husband wants his wife “institutionalized.” No wife wishes her husband in the care of strangers. And does anyone want to see years of hard-won savings evaporate overnight?

PACE provides doctors, specialists, pharmacy, physical and occupational therapy, durable medical equipment, supplies, home modifications. In Kent County, a brand-new PACE Day Center has just opened. Expanded options are now available to PACE members.

You do not have to go it alone. You already paid for long-term care through your taxes.

As David Carrier has said, “You don’t have to go it alone! You have already paid for long term care through your taxes. You do not have to pay AGAIN. Free durable medical equipment. Free home alterations. No co-pays. Free transportation. Free physical and occupational therapy. And the list goes on.”

Unlike most government promises, PACE has been even better than anyone expected when it began 50 years ago.

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