Tag Archive for: estate planning

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

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 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. For Goods. Wholesale inflation for services is only 7.6%. Feel better?

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), now up about 300% since Christmas. Pass the eggnog! Merry? Merry? 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. Bonus Step: Go to a LifePlan™ Workshop. Drink our coffee. Have a oatmeal raisin cookie on us! Cheers… Easy!

Is Traditional Trust Planning Failure A Scam?
Why Is Your Estate Plan A Death Trap
Can Widespread Failure 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) 317-2812

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Light One Candle Or Curse The Darkness?
(Not Edited For Spelling Or Punctuation Or Anything Else) (Warning: Not Legal Advice!)

Question: What do I need to do to remove people from a house my father owned and recently died there is no lease or will?

Dad passed away went to home and found people living in it we are being held responsible for funeral and other bills but town police will not remove people that I have never met and won’t tell us there name? Value of assets is in the millions we are his only 3 children.

Short Answer: Evict ‘em! But observe all requirements of Landlord Tenant law. You cannot just “kick them out”!

Longer Answer: Bad people have been known to take over the homes of long-term care facility residents. Especially when the kids live out of town. No one checks on the house. No one questions the new residents. And the results can be unfortunate. And there is no simple solution, no easy escape. Police cannot “throw the bums out” because state law prohibits removal of “tenants” without due process. You cannot “give‘em the 23-skidoo!” because the law frowns on and severely penalizes vigilante landlord justice. You can call Ghostbusters, but you must give them a 30-day notice to quit. And when they still won’t leave, you’ll have to take them to court. You finally get your judgment. They are not going anywhere. Time to call the sheriff and the movers.

Word to the Wise: Perhaps your loved one will need residential long term care in a nursing home or assisted living facility. Maybe they would simply enjoy the convenience of independent living. When your loved one leaves home, make sure there is no one left behind. Or you will pay the price.

Are you against controlling the family home? Is it a ridiculous idea that folks who have helped hundreds of families transition to long-term care could prevent these sorts of shenanigans? Do you want to spend months getting back what belongs to your family in the first place? Would you rather buy a pound of cure or an ounce of prevention?

Question: Can I be a guardian if I was convicted 6 years ago of welfare fraud and I paid all my fine and I’m off probation

My mom is in nursing home and her properties have to be sold I’m paying all her bills I she lived with me the last 2 1/2 years.

Short Answer: You have certainly paid your debt to society, but it is still up to the probate judge to decide. You have been trustworthy and loyal for the last 2 ½ years, so the judge might go your way. Or might appoint a public guardian and cut you out of your mom’s care entirely.

Long Answer: Is it crazy to think that things work out better when you plan ahead? You have been doing all the good things for 2 ½ years and yet you have not taken a couple very basic steps to protect your mom or her relationship with you.

As a competent adult, you get to choose whom you would like to make decisions for you. It is 100% your choice. No one else has to agree. Everyone else in the world might think your choice was bad, wrong, stupid, and horrible. Their opinions do not matter. You get to choose.

What if you do not choose. Shirk your responsibility to yourself and your family. If you do not exercise your rights as an adult person, what happens when you cannot make decisions for yourself? What happens if you suffer a stroke? Or Lewy Body dementia? Or Alzheimer’s? Or get hit in the head with a frying pan? Yowch!

If you have not selected that person in writing, you have a One-Way Ticket to Probate Court. A journey that will be far more expensive and wearing than taking a few hours to get an honest-to-goodness, works-when-you-need-it estate plan in place.

Excuses to avoid planning flow like the Mighty Mississippi…rolling, rolling, rolling down to the sea… So you avoided spending the time and money. Wonderful!

Get ready to spend ten times as much time, money, and aggravation. Also understand that you will not be able to shelter mom’s house or assets from the skilled nursing care costs. Everything has to pass by the probate judge for approval, sooner or later.

And if you have a skeleton or two in your closet… be prepared to lose control over mom’s health care decisions and financial choices too.

Regular folks are never prepared for the reality of probate court. You think the judge understands that you are a good person, doing the righteous thing for your loved one. Ha ha ha. Judges have seen it all. And most of it is NOT GOOD. Granddaughter on house arrest takes grampa to the store to buy a fifty-cent candy bar with a $100 check. So granddaughter gets the change in cash. So she can buy more crack. (Crack dealers rarely take checks.) Abuse. Financial exploitation. Neglect.

How does the judge know that you are not one of these godforsaken souls? The judge does not. And will treat you with fine equality. Just like a crackhead.

You are not used to being treated that way. You will not like it. Unfortunately, those are the folks the judge mostly sees.

Gee, do you think maybe you should have done some planning while there was time? Or is that just crazy talk?

Question: Can someone exercise power of attorney without authorization?

My sister (age 47) and my elderly father (age 78) use the same auto mechanic. My father owns a large pick-up truck that needed work over two years ago. He previously used this truck to tow his fifth wheel trailer. My mother (83) had concerns about my father driving such a large truck because of Parkinson’s symptoms. So, my sister convinced the auto mechanic to delay completion of the repair. For over two years the mechanic has been telling my father numerous excuses as to why the repair cannot be completed. My father has no idea that my sister interfered with his private business.

Short Answer: This has nothing to do with “power of attorney.” This has everything to do with deception, disrespect, and dishonesty.

Long Answer: A power of attorney is an expression of trust. Dad trusts Daughter to make decisions for him and to carry out his instructions. Dad puts his confidence in writing. Dad tells the whole world that Daughter may act on Dad’s behalf, doing the things Dad could do, in Dad’s best interests. In writing. According to the law.

Here, there is no power of attorney. Not even a “verbal” one. Dad simply took his truck into the fix-it shop. Dad made a deal with the mechanic: Fix the truck. I will pay. Pretty simple deal.

Daughter now chooses to interfere with Dad’s fix-it deal. Daughter convinces mechanic to break the contract. Mechanic lies to Dad. Over and over. Again and again. All in Dad’s “best interests.” According to whom? According to his wife. I guess. She who must be obeyed. Shameful.

Dad has “Parkinson’s symptoms.” Dad is not suffering from dementia. If he is like most Parkinson victims, his mental acuity has not suffered. And it may not be Parkinson’s at all.

Is it okay to lie a little for a good end? Is it okay to lie a lot over 2 years for a good end? Do the ends justify the means? Will there be consequences and repercussions from telling the truth? Sure, but there aren’t there always consequences and repercussions to telling the truth? Is it better to lie for an extended period of time before you tell the truth? Is it worse to tell the trutht right away?

Recently the Supreme Court of the United States issued some opinions. Some reversed cases that had been decided poorly many years ago. Every serious legal scholar agreed that those old decisions were made under intense political pressure. Now, fifty years later, the Supreme Court is finally doing its job. And some politicians prefer deception. They would rather have lousy legal doctrines, cooked up undemocratically by black robed oracles than by greasy politicians kowtowing to the people who elected them. Didn’t somebody once upon a time praise the idea that government should be of the people, by the people, for the people?

Is The Reporter sympathetic to the family that worries about Dad and endangering other people? Yes.

Does the Reporter believe that honesty is the best policy? Should you do your truthful best and let the chips fall where they may?

Yes, to both. Bite that bullet. Do that tough thing. Enjoy mutual respect without the twisted stomach that comes from lying. Try it, you’ll like it!

Question: Can I get my apartments put back into my name.

I trusted my grandson that he needed a cosigner for a home I signed some papers coming to find out that what I was signing was transfer papers he lied to me as well as the lady in her place of business where he took me told me the same thing about co-signing for credit on a home.

I never felt so betrayed and hurt, immensely angry with him that he tricked me.

Short Answer: This is garden variety fraud; larceny by trick. Immediately you should file an Affidavit Concerning Interests in Land against the property, documenting grandson’s nefarious scheme and disavowing the deed you were fraudulently induced to sign.

Grandson’s next step may well be to defraud an innocent third party by selling or mortgaging your property. You do not want to be in court with an innocent third-party purchaser for value.

Long Answer: Seven hundred years ago, Italian poet Dante Alighieri took a trip through Hell and lived to tell the tale. You may have heard of Dante’s Inferno? That’s the one! Turns out there are 9 Circles of Hell. The Ninth is lowest and worst. Souls in the Ninth Circle are trapped in a frozen lake, tortured by demons for all eternity. And who winds up in the Ninth Circle?

Traitors. Fraudsters who criminally violate the special bonds of love that should bind them to their victims. Treacherous. Selfish. Doomed to suffer for all time and beyond, in the company of the Devil, aka, Lucifer, Satan, Dis, Beelzebub. According to Dante, the souls of family traitors descend to hell immediately, while the human body continues its hopeless journey on earth.
But that is not all!

On this side of the Great Divide, Adult Protective Services is ready, willing, and able to enforce laws against elder financial abuse. It is a felony crime to defraud someone this way. For elders, the penalties are enhanced. Your tax dollars at work.

This can be fixed, but it will take fixing. Get to your friendly, neighborhood elder law attorney and block this rancid puppy’s next move. And step on it! Pronto.

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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

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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.

consumer price index chart may 2022

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%?

producer price index chart may 2022

coffee price chart

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):

mortgage market survey chart

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

dow jones industrial average chart june 2022

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

Read the Print Version

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:

covid death spikes

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.

life expectancy graph

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.

older adult population

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.

disabilities by age and type chart

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?

nursing survey
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!

consumer price index chart

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?

producer price index

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 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) 317-2812

Download the Print Version

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:

cpi consumer price index chart

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….

freddie mac mortgage rate chart

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?

cdc covid death by age chart

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 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) 317-2812

Read the Print Version

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?

Read the Print Version

I’m As Mad As Hell And I’m Not Going To Take This Anymore!

—Howard Beale, Network, 1976

We’re Not Gonna Take It, No, We Ain’t Gonna Take It, We’re Not Gonna Take It Anymore!

—Dee Snider, Twisted Sister, 1984

USA! USA! USA!

It was not that long ago. A year or so? America was recovering from the COVID. Economic growth was rebounding. Interest rates continued at historic low levels. Minimal inflation. Energy affordable and secure. Americans doing what Americans do. Getting on with it. Making the best of the situation. Recovering.

Remember before-COVID? Best economy ever for working Americans of all ages and racial groups. Record employment. At the highest real wages in history.

COVID and the response to the pandemic was a body blow. Confronted with a virus of mysterious origin. COVID deaths were 90+% among older folks with other ailments but affected us all. Lockdowns, economic paralysis, “No gardening for you!”.

Yet there was some desperate pride in adversity. Frontline healthcare workers’ extraordinary courageous efforts. Army field hospitals established overnight in Central Park. Navy hospital ships designed to treat battle-wounded soldiers converted at incredible speed to COVID treatment. Car factories suddenly manufacturing complex ventilators. Personal Protection Equipment production ramped up. Scientific research and vaccine development at “warp speed”.

Some sought political advantage. Blame Game. Extraordinary stresses resulted from lockdowns, masking, different therapeutic and preventive approaches to dealing with the pandemic. Some violence was excused. Other violence exaggerated and hysterically condemned. Rules for thee, but not for me? Raise your hand if you are surprised by politicians’ hypocrisy. Me neither.

And yet. Despite all the blame-gaming. Whatever your personal politics. Whomever you think is at fault. Let’s look over the edge of this foxhole. Aren’t there are some undeniable realities, some inconvenient truths?

Inflation is at 40-year highs. And getting worse.

Interest rates doubling, tripling. Home ownership out of reach. What do you think higher interest rates will do to the deficit?
Energy dependence is our future. America pleads with oil potentates who refuse our President’s phone calls and verbally abuse his envoys. “Strategic Petroleum Reserve” is pumped out to temporarily mask reality.

Crime and murder rates are skyrocketing back to the bad old days. Carnage in the streets.

Economic gains erased. Recession talk is back. Recession reality about to bite. Stagnation looms.

No borders for the U.S. Millions already crossed over. Given a joke legal document. And a cell phone. And a ticket to your town. To compete with you and your neighbors.

America is on edge. Agitated and anxious. Withdrawn and passive. Contradictory emotions and impulses. Remember Jimmy Carter? Malaise? Anything feel familiar nowadays?

How did we get here? Where do we go now?

Russia Russia Russia

Early 2022. Russia’s main rival (that’s us!) dazed and confused. Some American politicians and partisans credit Russia with powers and abilities far beyond those of mortal men. Russia chooses America’s president. Some believed this. Others said it for political advantage.

Russia riding high. Europe, with fresh America approval, agreed to new pipelines from Russian oil and gas fields. Europe cast away its independence. Europe invites the Russian boot upon its neck.

Russia’s Chief Crime Boss believed the American politicians. And the American newspapers. And his generals. Russian Chief Crime Boss thought he was really something. Also thought he had a real military.

Chief Crime Boss thought, “Now’s the time!” And invaded another country. Threatens others.

How’s that working out? Tens of thousands of dead or missing Russian soldiers. Thousands of dead Ukrainians. Billions of destroyed civilian and military property. Sunk ships. Millions of wrecked dreams. Years of effort demolished overnight with artillery shells, missiles, and bombs. Medieval brutality. Standard Operating Procedure for Russia, from czarist times to the time you read this. No surprise to anyone familiar with any ancient or modern Russian military adventure.

But Europe has had enough. Petroleum extortion blackmail is okay but killing people and breaking things… too much!

Henchmen of Chief Russian Crime Boss lied to him. Military was for show, not go. Crime Boss losing. But Crime Boss can never lose. Now Chief Russian Crime Boss threatens nuclear weapons.

How did this happen? What now?

USA vs Russia

There is no easy way out. No effortless solutions. We are past that now. Yet there is hope. America still has Americans. People who do not like being lied to. People who want to say what they want to say. We are a talkative bunch. We do not like to be shut up. We like to irritate our betters. We like to shake things up. That is what the First Amendment is all about.

Russia has the Russian system. Shut up or die. Shut up and die. No way out. No Exit. No solution when your country is run by a Chief Crime Boss and his henchmen. For as long as the Crime Boss lives. History provides countless examples. Napoleon: France. Hitler: Germany. Idi Amin: Uganda. Pol Pot: Cambodia. Franco: Spain.

Sadly, some Americans like the Russian Way. Some Americans are afraid of other people talking. So afraid that the government is setting up a “Disinformation Governance Board” staffed by political appointees. To govern “Disinformation”? Who decides which information is true blue, all-American, reliable, sanctified, and Government- Approved Information? Who decides which is evil, bad, horrible, no-good Disinformation? How can anything like this be consistent with the First Amendment? Can it be reconciled? Of course not.

Fortunately, many American immigrants seem to understand the importance of free discourse better than some of us born here. One immigrant, naturalized American has even spent some of his own money to buy a communications company. He promises to make it available to all. We shall see.

And that is the difference. We have our troubles, but the American Way of free speech, without fear or favor, will eventually enable us to solve our problems. If we continue to believe and act as Americans.

This is not a new issue with us. About a hundred years ago, in Whitney v. California, 274 U.S. 357 (1927), the Supreme Court upheld a conviction for dangerous speech. Forty years later, the Court, in Brandenburg v. Ohio, 395 U.S. 444 (1969), overruled that precedent and forcefully upheld free speech under the First Amendment.

Who wants to turn the clock back? Who wants to suppress, prosecute, and imprison their fellow Americans for speaking on political issues? Why do they fear talk? Are their ideas so weak? Do they have no confidence in their fellow citizens? Are they so smart that no one else need express any thought? Who are these people? Why do they reject the American Way and embrace the Russian Way?

Although it appears nowhere in his writings, Winston Churchill is often credited with saying:

You can always count on Americans to do the right thing – after they’ve tried everything else.

The Russian Way leads to death and destruction. The American Way leads to disagreement, discomfort, annoyance, and a better future and outcome for us all. We tried a mild variation on the Russian Way. And threw it out. Let’s stick to the American Way!

Is Now A Bad Time For A True Estate Planning Solution?

LifePlanning™ Is A Real Solution Traditional estate planning is concerned with avoiding probate, saving taxes, and dumping 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.

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) 317-2812

Download the print version

A Confederacy Of Dunces?
Are The “Best And Brightest” In Charge?
Did We Elect The Most Arrogant and Stupid?

Five Basic Laws of Human Stupidity

Setting New Records For Pitiful Stupidity?

Every day in every way, we are getting better and better! Who believes that? You try and try, but isn’t it getting more and more difficult to keep the faith? Just look around. Or in a grocery store. Or any kind of store. We are #1! Setting records every week… ain’t it grand?

BASIC PRICE INFLATION. In March 2022, the United States set a 40-year record high for inflation. April 2022 says, “Hold my beer.” And catapults past March, with a new 40-year record high. According to the Bureau of Labor Statistics. Let’s blame Russia.

(Don’t you just love this chart which pretends you can ignore food and energy prices? Excellent!)

cpi change

MORTGAGE INTEREST RATES. Not to be outdone, mortgage interest rates also jumped to new highs. The Federal Home Loan Mortgage Corporation, known to its friends as “Freddie Mac,” proudly proclaims prodigious price proliferation. “Well done, Freddie!” say us. You want to buy a house? Ha ha ha. Renting is good.

freddie mac

FEDERAL FERTILIZER FRACAS. Is it ridiculous to observe that large quantities of cow-based organic fertilizer are produced by government operations? Do you doubt that the highest level of government work product consists primarily of bull-based fertilizer, also known as “BS”? Verily, the highest praise from one bureaucrat to another: “That is total BS!” How can there be a fertilizer shortage with all this manure and BS? Our “public servants” find the way.

BONUS QUESTION: Will skyrocketing fuel and fertilizer costs reduce food prices? What do you think? Asking for a friend…

fertilizer price index

IT AIN’T JUST FERTILIZER. Is it crazy to think that raw material costs have something to do with store prices? Do manufacturers get everything for free? Is the cost of steel and rubber and aluminum and a whole bunch of other stuff irrelevant to the price of your new car?

ppi 12 month change

Let’s look at overall raw material costs. Remember that store prices are up 8.5%. How about raw material prices? Any good news there? Nope. Those prices are up 11.2%. Unexpectedly.

RUSSIAN INVASION. Everybody feel bad for murderous thieving Russian crime boss. Crime boss unhappy because neighborhood victims no want murder or stealing no more.

Is good club in neighborhood. Nice neighborhood people make good club so murderous Russian crime boss no murder them and steal stuff. But Russian crime boss like murder and steal. Sad now.

Other neighborhood folks name Sweden and Finland want join good club. Russian crime boss no like that idea! So, Sweden and Finland not join good club so Russian crime boss not get very sad then start murdering and stealing again.

Nobody to murder or steal from. Russian crime boss sad, so sad. And bored. Russian crime boss get angry. Say no one even think about join good club. Then Russian crime boss start murder and steal from neighbor.

Sweden and Finland see Russian crime boss murder and steal. Sweden and Finland now say, “Hmmm, maybe good time join good club.”

Russian crime boss get many Russians killed. Russian crime boss lose lots of Russian stuff. Russian crime boss get many neighbor people killed. Russian crime boss wreck lots of neighbor’s stuff. [By the way, there are very few Russians healthy and young enough for military service. And this idiot is feeding them wholesale into a meat grinder. That’s how stupid he is.]

Russian crime boss gets nothing good, loses lots. Russian crime boss neighbor gets nothing good, loses lots.

No good. All bad. Very bad.

Russian crime boss evil, yes. Very evil. Russian crime boss worse than evil. Russian crime boss stupid.

“Never attribute to malice that which is adequately explained by stupidity.”

—Robert J. Hanlon, Hanlon’s Razor, 1980

The Five Basic Laws Of Human Stupidity

Carlo M. Cipolla stated that there are 5 basic laws of Human Stupidity that help to explain the world around us. Do politicians intend to harm us? Are they doing it on purpose? Some are, probably, but most are just stupid. They actually believe that creating more money will cure inflation. Well.

Last week we visited the first 3 of Cipolla’s Laws:

The First Basic Law Of Human Stupidity

Always And Inevitably Everyone Underestimates The Number Of Stupid Individuals In Circulation.
There are more stupid people hanging around that you can possibly imagine.

The Second Basic Law Of Human Stupidity

The Probability That A Certain Person Be Stupid Is Independent Of Any Other Characteristic Of That Person.
Rich people, poor people, Harvard graduates, elementary school dropouts, artists, butchers, bakers, candlestick makers, lawyers, doctors, politicians. All are equally, proportionately, stupid.

The Third and Golden Basic Law Of Human Stupidity

A Stupid Person Is A Person Who Causes Losses To Another Person Or To A Group Of Persons While Himself Deriving No Gain And Even Possibly Incurring Losses.

BANDIT. It is possible to be an almost intelligent bandit. The bandit always harms others. Bandits are evil. But not necessarily stupid. An intelligent evil bandit steals your car. And keeps your car. You are down a whole automobile. Bandit is up by an automobile. You lose. Bandit gains. Gains and losses balance. The whole is not worse off, even though evil stuff happened.

Most bandits are not intelligent. Most bandits are stupid. Most bandits cause far more harm to you than they benefit themselves. Bandit carjacks your car. Shoots you. You lose automobile, pancreas, kidney, and part of your left lung. You are way way down. Bandit does not get to keep stolen car. Bandit sells for cheap to chop shop. Bandit is now Public Enemy #1. Bandit gets caught, goes to jail. Bad things happen.

Bandit hurts you and hurts self. Stupid.

BANDIT POLITICIAN. Politician wants to be liked. Pumps up trilllions of money from nowhere. Gives to friends. Lots of friends. Would print up and give away even more, but spoilsports say “NO!”. Politician sad.

Price inflation takes away more money than Politician gave to friends. Friends now unhappy. Much more unhappy than before. Cannot buy house. Cannot go on vacation. Cannot buy food.

Politician now unliked by all. Popularity in the toilet. Most people say “Big Stinker!”. Politician loses. Friends lose. Everybody loses.

Politician hurts you and hurts self. Stupid.

The Fourth Basic Law Of Human Stupidity

Non-Stupid People Always Underestimate The Damaging Power Of Stupid Individuals. In Particular Non-Stupid People Constantly Forget That At All Times And Places And Under Any Circumstances To Deal And/Or Associate With Stupid People Always Turns Out To Be A Costly Mistake.

Did you think Russia would be threatening thermonuclear war against Sweden and Finland (and the rest of us) in the Spring of 2022? Did you guess that the United States would be fighting a land war in Europe right about now? Did you foresee the highest inflation rates in 40 years? Did your crystal ball foretell that testicle’ed humans would be celebrated for beating uterus’ed humans in athletic contests? Did you predict that the Massachusetts Institute of Technology would give up the most effective screening tests available to admit unqualified students who flunked out at astounding rates? And so on and so on and so on…

Stupid people endanger us all. With nuclear war. And conventional war. Murder. Destruction. And the acceptance of preposterous positions that no one with a grain of common sense could countenance.

As George Orwell once said:

“Some ideas are so stupid that only intellectuals believe them.”

The Fifth Basic Law Of Human Stupidity

A Stupid Person Is The Most Dangerous Type Of Person

Traditional Planning Is Stupid Planning

Traditional Planning Is Dangerous To You And Your Family

Stupid people are unpredictable. Totally and completely unpredictable. You cannot protect yourself, or any part of what you value, from the stupid person.

For example, you can calculate how a bandit will operate. An “intelligent” bandit wants your stuff. If you give the “intelligent” bandit your stuff, the bandit will (probably) not harm you further. It is evil. You have lost. But you live another day.

Stupid bandits shoot you. You lose. They wind up in a bad place. Everybody loses. See, Ukraine. Intelligent people are quite predictable.

Intelligent people see what is good for them. You can understand why they want what is good for them. Intelligent people do not want to hurt you, because you can benefit them again in the future. Also you get good things from the intelligent person. Cooperation! Even competitive cooperation, where both persons actively and intelligently strive for advantage, without gratuitously harming the other. What a wonderful thing!

Middle class folks may be proportionally as stupid as any other groups. But, middle class people act more intelligently than any other group. Murderous thieving Russian crime bosses, grifting politicians, overbearing tech oligarchs, and other persons in positions of power are tolerated because of their power. They do not hear the truth because they are feared.

Who fears you? Who lies to you rather than tell you the truth because of your awesome, terrible power? Nobody.

Powerful People are just as stupid as we are. But we get better information than the Powerful People who are surrounded by fear-ridden toadies. Do you want to be the one who tells murderous thieving Russian crime boss that his big missile boat was blown up? Me neither.

Stupid Powerful People unpredictably, do harmful things that hurt all of us and benefit them not at all.

Thank God that you are middle class. You have the power to do good. And nobody lies to you out of fear.

Traditional Planning Is Stupid Planning

Traditional Planning Is Dangerous To You And Your Family

Traditional estate planning is concerned with avoiding probate, saving taxes, and dumping 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) 317-2812

Read the print version

Whatever Happened To The Family Cottage/Cabin/Hunting Land?
A Little Bit Of Smarts, A Future Of Golden Memories

Birds Do It, Bees Do It, Even Educated Fleas Do It
Let’s Do It! Let’s Go To The Lake!

—Sincere Apologies to Cole Porter

In uncivilized countries, such as those in Europe and Asia, new workers start out with 6 weeks of mandatory vacation (which they confusingly call “holiday”). Not including public holidays (which they call “festivals” or something). What do these folks do with such excessive periods of sloth and inactivity? Who knows? Who cares?

In America, on the other hand, we have weekends. And summer! And a week or two of “vacation”. And being Americans, we do not wish to waste this time. If Americans were as sedentary and unambitious as our global neighbors, we could spend this time in sidewalk cafés, art museums and reading. Improving our minds. Getting culture. Ghastly stuff. “Deliver us O Lord, we pray…”

Unlike our fellow travelers on Spaceship Earth, all true Americans find home improvement projects irresistible. Paint the walls. Build a deck. Plant a garden. Cut the grass. Replace, polish, fix or improve whatever has not been recently replaced, polished, fixed or improved. Pitiful, benighted foreigners have foreign places with palaces, temples, pagodas, and castles. Blessed, muscular Americans have Lowe’s, Harbor Freight, and Home Depot. Seems like an easy choice.

Sooner or later, though, all true Americans feel the restless urge to get out of Dodge, at least on the weekends. In the summertime. Or hunting season. We ran out of things to improve around the house. The deer ate all the tomato plants. It’s too hot. We were bored. So we got another house. In God’s country!

In the American Tradition, the second home could be a house. Or single wide. Perhaps a shack with no indoor plumbing or insulation. On a 40 foot lot. At the lake, at the shore, in the woods, somewhere other than here. From Idlewild in Lake County to Beaver Island in Lake Michigan, American middle class workers by the thousands filled the developments which sprang up around every lake, pond, and ditch within driving distance. And because the lake wasn’t big enough, we dug canals, dammed creeks, and otherwise expanded our Water Wonderland. Magnificent! And not only lakes, but the woods filled with weekend escapes too! Glorious!

At grandmother’s cottage many of us learned to swim and fish. Caught tadpoles and watched them grow to frogs. Searched for salamanders under logs and rocks. Got mosquito bites and poison ivy. Fell in the mud. Played in the sand. Went ice-fishing in the winter. Campfires on the shore. Remember?

Whatever happened to that place? How much would it cost to buy something similar today? Why did we get rid of it? Too bad our kids and grandkids won’t have the experiences we did. Or the memories. At least they have iPads.

The Family Cottage LifeCycle

To everything there is a season,
A time for every purpose under heaven:
2 A time to be born, And a time to die; 6 A time to gain, And a time to lose;
A time to keep,
And a time to throw away;

—Ecclesiastes 3:1-2,6

Is it a ridiculous idea that there is a lifecycle to family cottages and recreation properties? There is a routine evolution in the relationship between family and property. Is it a bad idea to recognize the lifecycle and work with it? Are you against preserving unique opportunities for your family?

The Family Cottage Lifecycle:
1. Young Child: Best. Place. Ever!
2. Teenager: So stupid. Boring. Smells funny.
3. Young Adult: My life is busy. I have no time for that place. If I inherit a share, I’m selling it… I need money for tuition/new car/down payment/taxes…
4. Parent of Young Child: Why did we ever sell the cottage? We can’t even afford to rent at the lake today.
5. Older and Wiser: If I ever get the opportunity, I won’t make that mistake again.

We all pass through seasons in our lives. As we gain experience, some important-seeming situations will fade to nothing. Other events will become more meaningful as time goes by. Wisdom and perspective cannot be taught, only learned. Growing up is the tuition that must be paid for insight.

Are long-term decisions best left to the youngest, least- experienced folks? Is it wrong for those with proven perception and prudence to plan for the long-term? Do you sacrifice long term gain for short term pleasure?

Estate Planning Done Wrong
Two Estate Planning Blunders That Guarantee Failure

Traditional estate planning, if it has any purpose at all, dumps your leftover stuff on your beneficiaries. After you die. Don’t much care what happens to you while you are alive.

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?

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

LifePlanning™ means you do not have to sell the cottage and “spend down” the proceeds. Now what to do with the recreational property?

Traditional estate planning offers two options:
1. Circular Firing Squad or Last Man Standing
2. The Corporate Model or Last One Out is a Rotten Egg

Circular Firing Squad is easy, cheap and disastrous.

The Corporate Model is not easy, not cheap, and not as disastrous.

Circular Firing Squad

Putting all the kids “on the deed” is the circular firing squad. It is the easiest, cheapest, most popular, and worst possible way to leave recreation property to kids.

“Last Man Standing” is the most common Circular Firing Squad method. This involves naming all of the children or other beneficiaries as Joint Tenants with full Rights of Survivorship (JTWROS) on the deed. As joint tenants with rights of survivorship, the last living person owns the entire property. Did you plan to disinherit most of the family?

JTWROS deeds also deny Medicaid benefits to your kids and their spouses. Medicaid treats their share as if it was cash in the bank. But it is NOT cash in the bank, it is a fractional interest that is totally locked up in the property. And now your kids are disqualified from Medicaid. Whoops!

But that is not the worst. JTWROS deeds have no rules. Other than each person can fully use the property without the others’ permission. Congratulations! Your child is the new president of the Pagan Assassins Mud Wrestling Team – Australian Rules. Your child invites the entire 32 member, mixed gender team to the cottage. On the 4th of July. Your child has never paid their share of the taxes, utilities or maintenance. When the Pagan Assassins leave, the place is a bloody shambles. And there is nothing the other kids can do about it. In fact, since you signed a standard, immediately effective, JTWROS deed, there is nothing YOU can do about it. Not even dead yet and already you have lost control of your property. Did you know that when you signed on for this quick and easy solution?

Ladybird to the Rescue? You may have used a ladybird or transfer on death deed to create this living hell. Good News! At least the suffering will not begin until after you have passed on to your reward. Then the JTWROS takes effect and we are off to the races.

You may also create a Circular Firing Squad using a “Tenants in Common” deed. The TIC deed gives individual shares to each child while you retain a share. Unlike JTWROS, each child owns a piece that they can give to the grandkids. Or sell to the Pagan Assassins. Just as with JTWROS, there are no rules.

Did I mention that each Circular Firing Squad method leaves the other kids open to liability claims from the unsanctioned “activities”? And it does no good for them to abandon the property, now they can be prosecuted for housing code violations. And please! Do not get me started on that methamphetamine lab in the basement. Or the fentanyl stockpile in the shed. Oh my!

If you are going to create a Circular Firing Squad, use the TIC method. If they all hate each other enough, they can go to probate court, sue one another, and force a sale. Thanks Mom! Thanks Dad! Great planning!

The Corporate Model: Last One Out Is A Rotten Egg

Do you really want to leave stuff to the kids without any rules? Is blunt force trauma the best way to make sure your grandkids will learn how to swim at the lake? Do you want to empower one of your kids to hold the others hostage?

There are many permutations of the Corporate Model. Most use a limited liability company to hold the real estate and give shares to the kids. And there are rules. And governing provisions. And limited liability for the kids. Still have that pesky Medicaid problem with disqualification, but I guess you cannot have everything.

A general rule in a corporate structure is that minority members can sell their shares and get out. The usual Cottage LLC requires the other members to buy out the one who wants to sell. And if they do not… say hello to the Pagan Assassins.

Doesn’t seem like such a big deal. One kid wants to move to the Himalayas and commune with the mountain spirits. That kid is not planning to come back. Or perhaps another kid wants his money to buy a car. The cottage does not seem so important right now. The problem is not one of law. The buyout provisions are clear and enforceable.

The problem is that as soon as one kid wants out, so do the rest. The other kids don’t want to pay, frequently they are not able to pay. It was a blessing to have had the cottage so long, but now it must go. Over and over again, if one kid wants out, they all do. Last one out is a rotten egg!

The Corporate Model fails because it depends on the continued unanimous support of all the family members. The chain is only as strong as its weakest link.

What if there were no links? What if no individual could torpedo the entire family’s legacy?

The National Park Model: Recipe For Success

There is nothing so American as our national parks. The scenery and the wildlife are native. The fundamental idea behind the parks is native. It is, in brief, that the country belongs to the people, that it is in process of making for the enrichment of the lives of all of us. The parks stand as the outward symbol of the great human principle.

—Franklin D. Roosevelt

You will never go to Yosemite National Park. You have Yosemite-phobia. And a doctor’s note to prove it. Since you will never go to Yosemite, you write to the National Park Service. You demand your share of the value of Yosemite. Cash me out! Do you expect a response?

Roosevelt’s “fundamental idea” is that the national parks belong to everyone, down through the generations. The big idea is simple: Preserve it now or lose it forever.

Isn’t that the idea behind leaving the family cottage to the family? Could you afford, right now, to purchase your cottage, cabin, hunting land? Of course not! Lake Michigan properties that sold in the $20-30,000 range in the 60’s and 70’s are in the millions now. If you can find one. And the same is true of smaller lakes. The wild price inflation is less for hunting land, but still forbidding.

At the turn of the last century, a few visionaries like Teddy Roosevelt and John Muir saw that without national preservation efforts, irreplaceable natural treasures would be lost. In other countries, the rich and the royal preserved land for their own benefit. In America, we did it for all of us. And our descendants.

The National Park Model is a new way of looking at your cottage or recreational property. You are making a promise to your future family that short-term considerations will not outweigh long term goals.

The basic principles are straightforward and are familiar to anyone who has ever traveled or camped in a national, state or local park:

1. Rules for Use. Family members are stewards of a gift. Rules for use and care will be clear and must be observed. There will be an evenhanded system for allocating the available space among various family members.
2. Financial Responsibility. Budgets will be prepared, including all taxes, utilities, insurance and sinking funds for all capital improvements, including the roof, plumbing, fixtures and utilities. Present and future expenses will be identified and incorporated.
3. Nobody Rides for Free. You can’t get in a Park without a sticker to pay for the road. You can’t stay overnight without paying for your campsite. You can’t stay at the Cottage without paying the necessary charge to cover your share of the budget. In advance.

There are other provisions that allow for limited liability and definition of membership. These can all be tailored to the specific needs of individual families.

On March 1, 1872, President Ulysses S. Grant created Yellowstone as the first national park in the United States and the world. For over 150 years, Yellowstone has been preserved and available to all Americans.

Is it ridiculous to think that the same concepts that worked for Yellowstone for the last 150 years could preserve your family’s heritage too? Are you against providing that sort of experience to your children, grandchildren, and generations yet unborn?

If not you, who? If not now, when?
Is Now A Bad Time For Real Solutions?

Does anyone on this earth have all the answers? Does that mean we should give up seeking the best answers we can find? Perhaps you already have an answer to this problem. Maybe you do not see this as a problem at all. Why not find out? Is now a bad time to find out how to obtain security for yourself? And your family?

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.

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