Tag Archive for: estate planning

Secrets Every Bride Should Know… And Every Groom Appreciate!

Opposites Attract
Ya Gotta Do What Ya Gotta Do
Not Really Kidnapping
Do It For The Children

She Said We Were Going Out To Dinner…
What Happened Next Changed Our Lives Forever

A Friday night in July. Hot. Humid. Threat of thunderstorms. Sue, a retired teacher, wheels the red Jeep Cherokee to the front door. Bob, an engineer, hops in, a bit mystified. “Where are we going?” he asks. “Your favorite steak place… Rico’s Rocket Room. But first, a special pre-dinner appetizer…” she mysteriously replies. After 30 years of wedded bliss, Bob wisely refrains from further comment and settles down for the ride.

Most married couples are not a matched set. Opposites do attract. She likes paisley, chintz, and patterned wallpaper. He prefers solid primary colors, leather, and walnut paneling. You say, “Spare the rod and spoil the child!” Your loving spouse whacks you in the head (figuratively!) with Doctor Spock’s “Baby and Child Care” book (also known as “How to Coddle a Criminal”). You “Rutabaga”. You say “Potato.” Loving spouse says “My sister and her family are coming to visit for a week. With my mom.” You say, well you say nothing at all. Or maybe, “Gosh, that’ll be nice.”

Couples who endure find ways of coping. Some delight joyfully in daily surprises dished up by their spouse. Others do not.

Noted finance guru, author, radio show host, and all-around wonderful fellow Dave Ramsey has observed: human beings are either natural spenders or natural savers. Not that there is anything wrong with either. But as you well know, natural savers overwhelmingly marry natural spenders. And vice versa. Sometimes this does not work. Debt. Fights. Divorce. But sometimes it works well. Balance. Harmony. Peace.

As a teacher, Sue is a natural planner. Lesson plans, grades, dates, times, objectives. Order. Sequence. Schedule. Engineer Bob thrills to the daily challenges he must solve.

An overloaded dam. A rusting bridge. Floods. Washouts. Emergency. Danger. Solution.

Two great workers who work great together. But after 30 years, they still only have the Last Will and Testament drawn up when they first had kids. Sue hears the clock ticking. Sue has reserved seats at the LifePlan™ Workshop several times now. Bob has always had an “emergency.” Of some sort. Including a dinner special at Rico’s Rocket Room…

Whose Fault When Nursing Home Poverty Strikes Middle-Class Savers?

Sue and Bob are just like your friends. Just like the folks at church. Little or no debt. Lifesavings. Home. Taking one day at a time and making the most of it. Confidence based on accomplishment. Security founded on savings. Sue and Bob recognize that they’re not experts on everything. A financial advisor helps. Medicare and Medicare Supplement insurance secure their future medical needs.

So who is to blame when middle-class folks, just like Sue and Bob, have to exhaust their lifesavings on long-term care? And give up their security. Fall into nursing home poverty? Did the Financial Advisor screw up? Is the Medicare Supplement insurance agent at fault? Somebody must have done something wrong… right?

Are You Stepping Into The Long-Term Care Trap?

Bottom Line: 70% of Americans need long-term care services for an average of 3+ years. 20% need long-term care for 5+ years. According to the federal government. Look it up. https://acl.gov/ltc You may not be interested in long-term care. But long-term care is interested in you.

Read On… To Learn The Rest Of The Story

Financial Advisors try to keep your money safe. And grow it too! Safe Money Plans claim to ride the market elevator up, but not down. Mutual funds, stocks, bonds, portfolio theory, annuities, retirement-year funds. They have charts and spreadsheets and glossy brochures. Have you ever been to a boat show? Salesmen, proposals, financing charts… You come home with a shopping bag full… Some financial advisors are kind of like that. Information overload… and all to do with: #1 Not losing your money in the market. And #2 Growing your money safely. All about investments and the market. But nothing about long-term care..

What about the Medicare agents? Medicare and Medicare Supplement insurance are intended, designed, and operate to make sure that seniors get top-shelf medical care. Need an operation? Medicare! Sick in hospital? Medicare! Broke hip? Medicare! But if you need long-term care for a chronic condition… dementia, physical disability… You are on your own! Sure, Medicare will help with rehabilitation, for a whole 20 days! And 80 more days, with a $170/day co-pay. If you qualify for rehabilitation. Which you will not.

Traditional estate planning lawyers want no part of this. Estate planning is all about when you die. Who gets the leftover stuff? How can we stop the kids from fighting over it? That is their concern. Foolish! When long-term care gobbles up all your stuff, there are no leftovers. Nothing for your estate plan to do.

Here is a crazy idea: What if we first made sure that you did NOT go broke? What if you could avoid nursing home and long-term care poverty?

Traditional planning leads to nursing home and long-term care poverty.

LifePlanning™ is the “Rest of the Story.” LifePlanning™ delivers freedom and choice. Sue and Bob earned the freedom to choose. By working. Saving. Doing all the right things. And they still fail, depending on Financial Advisors and Medicare. They were close, but…

A baseball that soars over the fence is called a homerun. A baseball that nicks the top of the fence and falls into the centerfielder’s glove is called an out. The celebrating football player who drops the ball one foot short of the goal line has a fumble. The one who protects the ball over the line has a touchdown. An almost win is a fail. A real win is a triumph… for you, for your family.

Why Should You Get Stuck With The Bill?

As anyone can see, rich folks have it made. Were you surprised when leaked IRS records proved that billionaires pay little or no federal taxes? Me neither.

Folks who have no resources cannot pay. Simple as that. Last I heard, you still cannot get blood out of a turnip. So I say, poor folks get services for free.

The rich have fixed things so they do not pay. The poor have no ability to pay. Who does that leave? Who gets stuck with the bill? Who pays for it all?

You do. Sue and Bob do. Middle Class foots the bill. Which sucks. Of course, it is nothing new. Other people have always counted on you. For your entire life. To do the job. Follow through. Pay taxes. Volunteer. Pitch in. Donate to charity. Bring something home-made to the potluck. And I pray you never change. Keep on smiling. Be reasonable, cheerful, action oriented. Do not let them get you down.

But gee… why do you have to go broke when your spouse needs long-term care?

Why Do They Say YOU Are Greedy?

They get care for free or without sacrifice. Sue and Bob are charged the highest rates and are wrung out to dry in a few months. Broke. All we ask is to keep some, a little bit. They say “No!” Take those Required Minimum Distributions… Pay the in- come tax. Too bad if grandkids need help. Sorry if you want to provide for your spouse… or yourself. Want to pay a little bit forward? Nope. You did work for it, but too bad. What the hell makes that OK?

Are You Selfish Because You Help Family First?

Sue and Bob are not selfish. Yes, some people are unlucky. True, bad things happen to good people. But seriously, some people are shortsighted and self-centered. They must have the new boat/car/ snowmobile/TV/cruise/whatever right now. Some sacrifice security for pleasure. Greedy, selfish people do exist. Bad decisions are made. We will take care of them all. No problem. But Sue and Bob want to take care of their own family first… how can that possibly be a bad thing?

I Expected A Cocktail And Hot Hors D’Oeuvres,
I Got An Oatmeal Raisin Cookie and A Bottle of Water

Minutes passed, miles rolled away, and Bob grew curious. “C’mon Sue, where are we going?” “You’ll see!” was her only reply. On arrival, a friendly young man greeted them. He handed over name badges, information folder and fresh-baked oatmeal raisin cookies. They chose bottled water over coffee. Sue and Bob were directed to their reserved seats. Several other couples, just like Sue and Bob, were there as well. Sue had finally gotten Bob to a LifePlan™ Workshop.

After introducing himself, the attorney conducting the Workshop asked if there were any questions.

Bob raised his hand… “What is this all about? Sue said we were going to dinner and here I am!” “Well dear,” said Sue, “this is that estate planning seminar we keep scheduling and cancelling…” “That’s fine,” said Bob, directing his comments to the attorney, “but there’s really only one thing that bothers me, and it keeps me up at night… what if I get dementia and need a nursing home… we’ve got a little saved, but what happens to Sue?”

That Workshop was the best! Sue had no idea that these questions were eating at Bob every day. He was even more concerned than she had been. She was surprised at the number of his questions. I was impressed with his analysis.

I don’t know what happened at Rico’s Rocket Room, or after… but Sue and Bob have turned out to be one of my favorite couples of all time.

Is It Kidnapping If It’s Your Spouse?

Getting your spouse to a LifePlan™ Workshop under false pretenses may be a bit extreme. But it is not kidnapping. Usually. Besides, desperate times call for desperate measures… You may not be sure exactly what to do.

As I see it, once you have decided to plan, you have three choices:

First: Same Old, Same Old

GOOGLE estate planning attorneys. Or look in the Yellow Pages. Ask friends. Check out billboards on the highway. Set appointments with several. Spread your personal information all over town. Thoroughly interview each. Ask questions. Get fuzzy answers. Lots of legalese. This will be great!

Second: Do Absolutely Nothing

Who wants to plan anyway? Spend all that time and money for what? A will or trust? Peace of mind… who needs it? You do not need that security. You like exactly where you are. Get exactly what you have always gotten. Acid indigestion. Insomnia. Migraines. This is as good as it gets.

Third: LifePlan™ Workshop – Kidnapping Optional

Try it, you’ll like it! Don’t give up your current plan right now. LifePlanTM Workshops are happening all over the place. Check it out. Once again offering those famous fresh-baked oatmeal raisin cookies. Sixty eye-opening minutes. You will be glad you did.

There’s no need to fear, the LifePlanTM Workshop is here!

Which Is Easiest For You?

Let’s see…
#1: Track down lawyers. Set appointments. Go to offices. Get third degree. Research. Try to pick… One Potato, Two Potato, Three Potato, Four…
#2: Sit Still and Go Broke.
#3: Sixty lively minutes. Getting the “Rest of the Story!”

Which one is easiest? Which most likely to help you to security and peace of mind?

Why Not Get It Done In Twenty-One?

I fear 2020 was a year of wasted opportunity for regular families. Devastating. The good news is that 2021 is rebounding! More families planning than ever!

Got Questions? Get Answers!

GET ANSWERS NOW… THE CALL THAT CHANGES YOUR LIFE…
COME TO AN IN-PERSON WORKSHOP…

LIVESTREAM ON-LINE AND GET ANSWERS TO YOUR PARTICULAR QUESTIONS
WHATEVER IT TAKES TO SERVE! (800) 317-2812

Amazing Secrets Of Functional Families

Lawyer Reveals Shocking Insider Information

Revealed: Ancient Wisdom From Centuries Past

If you are like me, it is hard to turn on the television. Not because you cannot find the clicker. Not because you must go through a 12-step sequence just to watch a show. If you are like me, TV means a never-ending parade of Doofus Dads. Guys who are unlike anyone I know. Bumbling, fumbling. Embarrassingly rescued by the superior wisdom of their 10-year-old kid. Or other family member. It gets old. Tiresome. You take it in stride, but you do not like it. And it is everywhere. In commercials, dramas, comedies… even the “news.” Who is the idiot? Dad. Makes me sick… you too?

Most guys I know work hard. Provide for their families. Do good things. Become fathers. Accept their responsibility and do their best. And it has pretty much always been this way. Some folks say that we all become our fathers. There is truth in that saying. Most guys have had the experience of talking to their kids and realizing… I am saying the same things my dad said to me… in the same way! Ancient wisdom, handed down through the centuries. “Make your bed.” “Clean up your toys.” “Play nice with your sister.” “Don’t let money burn a hole in your pocket.” “Don’t complain, don’t explain.” “Measure twice, cut once.”

Guys like you have honored me over the last 31 years with your confidence. When I first got started, about a third of you were World War II vets. A sailor, captured on Wake Island a couple of weeks after Pearl Harbor. A machinist mate on the Yorktown at Midway, who “went swimming” when the torpedoes sank her. A P-51 Mustang pilot wounded by a bone-breaking bullet through his leg, who still made it home. My own uncle, a PT boat captain in the Pacific. Some at Normandy. Some serving with Patton. All guys. All competent. All dads. Most all of them have passed. But the wisdom remains.

The More Things Change, The More They Stay The Same
Your Turn Now

The men I meet today are not so different. Challenges have changed, but the calm competence remains. The eager willingness to take on tough jobs, to accomplish worthy goals. So different than the stereotypes of popular culture. Let us remember the importance of passing along this “ancient wisdom.” We owe it to our sons and daughters.

News has always been supported by selling advertising. Today that means clicks. Attention-grabbing headlines, so-called “click-bait”, are everywhere. Resistance to facts. Ignorance of history. Rejection of logic. Suspicion of reason. Why not make your life an antidote to the crazy?

But how?

When you avoid nursing home poverty, you demonstrate that your lifetime of constructive work was well worth the effort. You and your spouse remain secure and in control. At the end, the leftovers, your remaining assets, become a thoughtful legacy for those you leave behind. Actions speak louder than words.
That is a powerful message. Hard work does pay. Enduring faithfulness has rewards that extend through time. Results justify the struggle.

Not Chance, Your Choice

You can continue your legacy… there is nothing inevitable about losing your independence and security. All of that is a choice. Despite what “everybody else” says. For thirty years, people have told me, “I’ve never heard of this before!” “If this is real, why doesn’t everyone do it?”

You know the answer… it is the same answer for most questions about why people do not do what is best.

The Answer Is: It is hard. Difficult. Not easy. Like being a good, faithful father, a devoted dad. There are no shortcuts. Only by doing it right do you get the results.

Well, here you are. Now you know. No excuses. You have the information, insight, inspiration. Now 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.

No Poverty. No Charity. No Waste.
It is not chance. It is choice. Your choice.

Get Information Now. (800) 317-2812

Middle Class Families Go Broke Because “Experts” Broke Estate Planning

Elephants In The Room

Ever go to the zoo? Remember the Elephant House? Couple of big ole elephants in there… Elephants doing what comes naturally. Smelled strong, right? Tough to deny there is an elephant (or two) nearby. You can hear them breathing… moving around.

Now, if an elephant is sharing a room with you, wouldn’t that be significant? I tend to think it would be an important fact, don’t you? It is possible, perhaps, you would want to deal with your companion somehow. Well, I suppose you could pretend that there is no elephant. But wouldn’t that be foolish? Dangerous, even. Not good. You might step in something. Something might step on you. Either way… Squish!

Let us say you figured this one out. Using your five senses, plus common sense. Do you really need Sherlock Holmes, Columbo, or MacGyver for this one? And yet, various people, who claim to be experts, are trying to tell you there are no elephants. These people covered up the elephants with bedsheets. They talk about everything else. Minor stuff. Distractions. Everything except what is most important. But you cannot hide an elephant with a bedsheet! Yet they try. Why? What is going on here?

Long Term Care – The Biggest Elephant In The Room

What is the problem? Middle-class families go broke. All the time. Routinely. It is accepted and acceptable to the so-called experts. I think it is horrible. To work for a lifetime, saving, scrimping, economizing. And watch it all vanish in a matter of months. A nightmare.

“Do not worry!” say the experts, as they try to cover up that elephant. Trying to convince you that probate or interest rates or inflation or taxes are the “real” problem. Long-term care, they say, is something that happens to someone else.

I am no great fan of government information. But even a blind squirrel gets lucky sometimes. Here are a few chestnuts from the federal Department of Health and Human Services. At www.LongTermCare.gov, quoting:

  • Someone turning age 65 today has almost a 70% chance of needing some type of long-term care services and supports in their remaining years
  • Women need care longer (3.7 years) than men (2.2 years)
  • One-third of today’s 65-year-olds may never need long-term care support, but 20 percent will need it for longer than 5 years

You worked. You saved. You planned for your retirement. Time to relax. Travel. Spoil the grandkids. Not so fast. Not if you are like 70% of folks. You will probably need long-term care services for years. And leave your spouse destitute. And your legacy is…?

By ignoring the biggest, noisiest, smelliest elephant in the room, the burden of your care falls (like a ton of bricks) on your loved ones. If the caregiver is your spouse, they are as likely to die first as you are. Stressed out. Exhausted.

And the experts ignore all this. They want you to think that the real problem is how your kids get your stuff. As if there will be any stuff to get.

Yank the bedsheet off the elephant. Face the facts. Do not let fast-talkers distract you from the reality. Long-term care is the future for most of us. How are you going to deal with it?

Does It Matter To You? The Rich, The Poor, The Middle Class

Not everyone needs to worry about long-term care. Of the three large groups of Americans, only one really must be concerned. The Big Three are: The Rich, The Poor, The Middle Class.

Devastating Gut Punch. The Middle Class

Husband with some dementia. You can manage. Not much sleep. Stressful. But you can manage. Unfortunate fall. Broken hip. Hospitalization. Rehabilitation. Thank goodness for Medicare! And that Medicare Supplement insurance. Minimal out of pocket expense. Three weeks in rehab. Coming home? No.

You could barely handle him before. Now it is out of the question. He needs skilled care. At least for now… maybe he will get better… But Medicare is done. Insurance will not pay anymore. Now it is on you.

Letter in the mailbox. Looks like a bill. Return address: Nursing Home. First six weeks. $18,327. plus, tax. Your head hurts. You almost vomit. You have never seen a bill for this much. You have not spent $18,000 since you bought the house… What are you supposed to do? Better sit down. Quick.

It Don’t Matter To Me… The Rich, The Poor

The Rich. Your spouse transferred from rehabilitation to long-term care at the nursing home. The first bill came in today’s mail. Eighteen thousand dollars. Well. You did not think it would be cheap… actually pretty reasonable when you think about it. So, which account should you pay it from? The money market? Regular checking? Should probably ask the financial advisor… looks like this long-term care will be almost as expensive as maintaining the summer cottage and the ski condo, combined! Not counting the sailboat, jet skis or the golf cart, of course, let alone the horse boarding…

The Poor. Could not pay for the groceries without the Section 8 subsidized housing. Husband now in skilled nursing. How will you ever get transportation to visit? Hope there’s a bus line around there somewhere. Looks like a nursing home bill in the mail. Wow. That place is expensive! Eighteen thousand… and that’s just for the first six weeks. Sigh. Just put it on the stack with the other bills you cannot afford to pay. Have to prioritize… heat and groceries first. Good to know that with skilled nursing, his care is guaranteed. Even without Medicare or Medicaid or Medi-whatever, he will get the care he needs.

Long-Term Care Reality. Rich Man, Poor Man

It can be uncomfortable to look under the bedsheet and take a good hard look at the elephant everyone else is trying to hide. I do not apologize for that. Sometimes truth is not pretty. Facts can be inconvenient.

It is simply true that if you are wealthy, long-term care costs are manageable. You do not need me. Plenty of folks downtown in glass towers with expensive suits and ties are just dying to meet you. Original, incomprehensible art on the wall. Park in the ramp, bring your ticket for validation. Plan for long-term care or do not plan for long-term care, you are not going broke. Let those guys worry about your excess profit’s taxes, capital gains and all that…

It is also true that many families simply cannot begin to pay the costs of long-term care. A bill for $1200 is as much out of their reach as a bill for $12,000. And at that point, what does it matter? You cannot pay anyway. Social security cannot be taken from you. You will not be denied your housing assistance. Bills piling up are awful. Stressful. But at the end of the day, care will be given. Your personal property will not be taken. I cannot help you to preserve assets you do not have.

NOTE: The Medicaid system is extremely complex, with many variables, hurdles and hoops. It is not unusual for Medicaid to be denied to people who should qualify for benefits, often for technical reasons. Over the years, we have helped many such families resolve these issues and get the benefits. From time to time, we work with skilled nursing facilities to get the compensation they have earned by helping these families meet the legal requirements.

LifePlan™ Salvation For The Middle-Class

The rich do not need me. The poor I cannot directly help. That leave the middle-class. It is the middle-class savers, workers, builders that I can help. You get that bill: your guts turn to water, you are about to puke, and you are desperately searching for a place to sit down. Relax! Your LifePlan™ will take care of it. You saw the signs: 70% need long-term care services. One in Five need long-term care services for more than five years. You rejected nursing home poverty. You choose the path of reasonable optimism, while guarding against the potential downsides. Hope for the Best, Plan for the Worst.

The LifePlan™ approach is the least expensive, most effective solution to the harsh reality of long-term care. You opened your eyes when faced with long-term care costs. Accepted reality. Refused to allow your lifesavings evaporate like a snowflake on a hot griddle. Recognized the reality of the caregiver spouse dying first, almost half the time and fixed it. Rejected nursing home poverty.

Never Too Late

Sitting there with the nursing home bill in your hand, you say, “Coulda, shoulda, woulda… And now it is too late! Maybe that LifePlan™ Workshop or Webinar would have been a good idea.”

It is never too late. There is nothing inevitable about losing your home, cottage, business, lifesavings, independence. Planning is the best route, but not the only one. Even if the dementia diagnosis was your wake-up call. Even if your attention was finally focused by the slip and fall broken hip. Do not give up the ship! It is never too late for you to be the hero… to fight and win!

Not Chance, Your Choice. Uncover The Elephant!

There is nothing inevitable about nursing home poverty. Peace of mind and security are waiting for you. Right now. It is a choice. Despite what “everybody else” says. Despite their attempts to disguise the elephants in the room. For over thirty years, people have told me, “I’ve never heard of this before!” “If this is real, why doesn’t everyone do it?” “My lawyer/financial advisor/brother-in-law/accountant/tax person/banker/best friend/fill-in-the-blank never said anything like this…”

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.

No Poverty. No Charity. No Waste.

It is not chance. It is choice. Your choice.

Get Information Now. (800) 317-2812

Traditional Trusts Fail Families. Save The Cottage!

Summertime Stories

Remember Grandma’s Cottage? You learned to swim there. Caught your first fish (what do I do NOW?!). Stealing bacon for bait when you ran out of worms. The leaky rowboat. Crammed with your cousins in sleeping bags on the “living room” floor. Trading stories in the dark. Grownups yelling “Shut up and go to sleep!” from the patio. Waiting for the charcoal to get just right. Hotdogs on the grill. Toasting marshmallows. Fireflies. That particular musty damp smell. Whatever happened to that place?

Well, they put all us kids on the deed, but it was sold when… Grandpa went into the nursing home… Uncle Chuck went bankrupt… Aunt Susan’s kids kept trashing the place… Aunt Beth got divorced… Cousin Ed needed college money… We just didn’t go anymore… Many reasons, no more memories, no more stories.

But the Cottage can be saved. You can do it. Your kids and grandkids can live those stories, create those memories. Share experiences. Bond as a family. Build the stories they’ll tell the next generation. Crammed with their cousins, in sleeping bags, in the same “living room.”

Do Not Trade The Cottage For The Nursing Home

Most folks simply do not plan for long-term care. You have heard bits and pieces. Old lake friends forced sale to pay the bills. Horror stories. Bad luck. Tough. Sorry it happened to them. Could not happen to your family.

Clarity is the first step. Estate planning is not about the next generation. It’s about you. Right now. Preserving what you own. Protecting what you value. Traditional estate planning fails families. Most folks eventually need long-term care. Most folks eventually sell the Cottage to pay for it. Simple as that.

You can avoid nursing home poverty. Why isn’t it your top priority? How? LifePlanning™. This system acknowledges that middle class prosperity and independence are destroyed by long-term care costs. LifePlanning™ first protects the Cottage and other family assets. Once life savings are protected, the family can intelligently and purposefully plan for life choices respected.

Now the Cottage is protected and purposefully planned. Life choices respected. No threat from health care, lawsuits, or long-term care expenses. Now we are able to look to the future. Some fundamentals are key.

Estate planning is not about the next generation. It’s about you.

Cottage Life Cycle

Cottages have a life cycle that is remarkably consistent. Ignoring the Cottage Life Cycle practically insures failure. Most planning ignores the Cottage Life Cycle.

Little Kid: Grandma’s Cottage is a magical place: sunny days, puffy clouds, fish a-biting, campfires, friends, swimming. Let’s go! Glorious!

Teenage Years: Grandma’s Cottage is a stinky dump. Why do I have to go? Not cool. Get me outta here!

Young Adult: Bills, bills, bills. Cottage? Sorry: no time, no interest. Cash me in my share of Grandma’s Cottage. So, what if you have to sell it? I ain’t got time for that now.

Married with Children: Gee, whatever happened to Grandma’s Cottage? Too bad our kids won’t have that experience. We can’t afford a Cottage at today’s prices. Even the rentals are outrageous. Too bad.

Grandma’s Cottage begins and ends as the most desirable place in the world. But in the meantime, urgency overrules importance, and the Cottage is sacrificed. Bad luck. And it doesn’t have to be that way. You can have both nostalgic memories and today’s adventure.

Two Traditional Techniques, Two Ways To Fail

Families have failed for generations to protect the family Cottage. I blame the lawyers who advise poorly. You think they would have learned by now. You would be wrong. For generations, the most popular techniques are “last man standing” and the “corporate model.” Both facilitate failure.

Last Man Standing

By far the easiest, cheapest, most popular, and least likely to succeed: “Putting the kids on the deed.” Usually as joint tenants with rights of survivorship. Sometimes (usually by mistake) as tenants in common. Disaster! Joint tenancy equals no rules. Everyone can do anything. No one must pay. And you cannot get out of it. Except by death. Example: Grandma and Grandpa put Aunt Sue and Uncle Chuck “on the deed.” They pass on. Aunt Sue pays all the taxes, utilities, upkeep. Uncle Chuck brings his 30 closest outlaw biker chums for the weekend. Every weekend. Aunt Sue cannot prevent it. Cannot stop him. Cannot make him pay his “fair share.” And if Uncle Chuck lives longer than Aunt Sue, he owns it all. It happens. Failure. But it does avoid probate… whoopee!

Sometimes, when one kid has great financial need (real or imagined), the others will agree to sell the Cottage. Failure again.

Corporate Calamity

So how about some rules? Great idea! And that is the basis for the “corporate model.” Create a limited liability company (“LLC”). Now there are rules. But a new problem. The corporate model gives each beneficiary the right to leave. And to be paid off. Compensated for their share of the Cottage. That is when the corporate model fails. Sooner or later, someone wants out. And they have a right to money. Which the family does not have. Forced sale of the Cottage. Failure.

Remember the Cottage Life Cycle. At some point, each beneficiary will “need” the money more than the Cottage. My experience is that it only takes one. One kid to say “Cash me in.” And then the Cottage is sold. Memories last forever, but that’s the end of the Cottage experience.

A New Hope: The National Park Model

Weaknesses of the Two Traditional Techniques are painfully obvious. And have caused great pain in thousands of families. New hope comes in the National Park Model. It is simple.

Grandma and Grampa want future generations to have magical, irreplaceable experiences. Grandma and Grampa know Cottage Life Cycle. They have seen it in operation. They want to guarantee their legacy.

Here’s the idea: National Parks were established to preserve the irreplaceable. Fill in the Grand Canyon? There isn’t another one. Pave over Yellowstone? Gone for all time. But. Set these treasures aside. Prohibit selfish or short-sighted decisions. Focus on the far future. Now things look different.

You can’t “cash in” your share of Yellowstone or Yosemite, just because you don’t plan to go. Why should you be able to “cash in” the Cottage? And wreck it forever?

You can’t just throw down a tent and sleeping bag in a national park. You have to pay the expenses you create. Why should anyone freeload on the Cottage? Why not establish a budget and other mechanisms that will ensure long term viability?

That’s how dozens of families are now protecting the Cottage today. Rules for harmony. Preserving the past for the future. Pay as you go, while building reserves. No desperation. No leaky roofs. No unpaid taxes.

The National Park Cottage Trust works well in many contexts. The hunting property. The family farm. The townhouse. Clarity eliminates family strife. Reliable rules cement family relationships. In a world of conflict and chaos, wouldn’t it be nice to establish a safe haven? Traditions that will endure. Memories down through the ages. Without regret.

In a world of conflict and chaos, wouldn’t it be nice to establish a safe haven?

Taking Care Of Yourself Is Taking Care Of Your Family

Too many families have the story of the Cottage, the Farm, the Hunting Cabin that “got away.” Your family does not have to suffer a similar fate. You can be the author. Rewrite the future story of your life and your family’s. The National Park Model approach preserves resources, strengthens relationships, achieves your highest goals. And when your great-great-great grandchildren laugh with delight, learning to swim, fish and camp on the Cottage you provided for them… Well, I expect you’ll hear it, all the way over on the other side of the Great Divide.

Call (800) 317-2812

Medicaid Penalty Period Explained | Your Letters, Your Questions…

(Note: Not Legal Advice!)

“What can I do to protect a property transferred via quit claim deed 2 years prior to entering assisted living from Medicaid?”

Two years ago, my father transferred a family property… to me via quitclaim deed. Currently no one resides there. He may be entering assisted living and it’s my understanding Medicaid can seize property within five years of transfer for estate recovery… Are there any steps that I can take prior to him entering assisted living to protect the house? He does currently own a… primary residence.

The Answer Is: It is complicated, but there are things you can do.

Divestment Definition & Dilemma

Dad deeding the “family property” to you was “divestment.” Divestment is the “transfer of a resource for less than fair market value.” Dad must report all divestments that were made within 60 months (that’s 5 years) before applying for Medicaid. If Dad gave stuff away in the 60 months before applying for Medicaid, Medicaid will impose a Penalty Period.

Penalty Period Pain

Here is how the Penalty Period works. Medicaid says that for every $9000 Dad gave away, Medicaid imposes a one-month penalty. In other words, Medicaid will not pay for Dad’s long-term care for a month for each $9000 Dad gave away. The Penalty Period, however, does not begin until Dad is broke and in long-term care.

What It All Means

If the “family property” that Dad gave you is worth $90,000, the Penalty Period will be 10 months long. The 10 months begins when Dad has no more money ($2000) AND Dad is in long-term care. Medicaid will not pay Dad’s bill. Dad has the Homestead, but no money. The bill does not get paid.

Nursing Homes do not like to not getting paid. Nursing Homes sue people who do not pay them. Nursing Home sues Dad. Dad sells Homestead. Now Dad has cash to pay the nursing home bill.

Dad spends all his cash. Now Dad has no money. But Dad still has a PENALTY PERIOD! Medicaid still will not pay. Nursing Home still does not like to not get paid. Nursing Home sues Dad again. Now Dad has nothing.

Nursing Home sues you. If Dad had not given the “family property” to you, Dad could have sold it to pay his bill. Giving the property to you is called a “fraudulent transfer.” Ugly name, ugly result. You sell the property and turn the cash over to the nursing home.

When this cash runs out… Dad still has a Penalty Period! But too bad, so sad for the nursing home now, because Dad has been drained dry.

Let’s rewind the clock…

Solution #1: PACE TO THE RESCUE

Dad is still at home. Situation is not yet desperate. Is it possible for Dad to remain at home, if he received a certain amount of care?

Program of All-inclusive Care for the Elderly (“PACE”) might be the solution. PACE is Medicaid. PACE is administered by private organizations that manage the government/Medicaid dollars to keep your loved one at home. PACE does not provide 24/7/365 round-the-clock nursing care. But PACE enables thousands of folks to stay at home. Folks who would otherwise be in skilled nursing or assisted living.

REALLY GOOD NEWS ABOUT PACE: Right now, until further notice, PACE does not care about divestments. There is no Penalty Period. Dad keeps the Homestead. You keep the “family property.” Nursing Home gets paid by Medicaid. We all join hands… “I’d like to teach the world to sing, in perfect harmony…”

Solution #2: PAY THROUGH THE PENALTY PERIOD

This gets a bit complicated. Medicaid pays when Dad has no money. Medicaid says that income is not money. Medicaid says that certain payments received from certain annuities is income.

Dad still has a 10-month Penalty Period. But what if Dad has some cash? Like $90,000 of cash? Now he can pay for 10 months. But if he has cash, then he is not broke. If he is not broke, the Penalty Period does not begin.

We put the cash into the certain kind of annuity. That pays a certain amount in a certain way. When we do this, Dad is broke. Dad has no money. But Dad does have enough INCOME to pay the Nursing Home through the Penalty Period. At the end of the 10- month Penalty Period, the annuity is empty. And there is no more Penalty Period.
You keep the “family property”. Dad keeps his Homestead. Nursing Home gets paid. We all join hands… “I’d like to teach the world to sing, in perfect harmony…”

SOLUTION #3: LIST THE FAMILY PROPERTY FOR SALE
I just spent an hour and a half trying to write up this strategy in a way that does not lead to total confusion. I cannot do it. Suffice to say that there is a third strategy. The third way does work. I am happy to explain it in person. But I cannot make it fit on this page.

Call me! I will explain it. We all join hands… “I’d like to teach the world to sing, in perfect harmony…”

Simple Solutions To Complex Conundrums

Everybody wants a simple solution. So, do I. But that’s not always possible. The bad news is that we cannot make this stuff easy. The good news is that we can make it easy for you.

You Choose!

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

Got Questions? Get Answers!

GET ANSWERS NOW… THE CALL THAT CHANGES YOUR LIFE…
COME TO A WORKSHOP OR ATTEND A LIVE WEBINAR FROM HOME…
(800) 317-2812

You Are Serious About Your Promises, So Are We

For Richer, For Poorer, In Sickness And In Health

The Big Dance – 1963

Betty and Wilma were like sisters. Without the sister drama. Since their first day at Lansing Central High, two years ago. Now Betty was organizing a dance with some Lansing Tech Junior ROTC guys. She had her eye on Barney, a fella who made that uniform look good. And Barney had a friend, Fred, a shy guy, just like her friend Wilma. Anything can happen at a dance, you know. When will Saturday get here?

One Thing Leads To Another

That dance was just rehearsal for the Big Dance Wilma and Fred, Betty and Barney would lead through their lives. After graduation, the guys got their union cards and entered the wonderful world of GM’s Lansing Car Assembly. The ladies followed.

Betty and Wilma did not stay long in the steno pool. Wilma loved to get things just right. Call it perfectionism if you want to, that talent got Wilma assigned to Quality Control. Eventually she headed the plant’s QC efforts. Betty’s organizational skills landed her in the plant manager’s office, as executive secretary.

Betty and Wilma did not stay long in the dating pool, either. Fred and Barney knew a good thing when they saw it. Before long they “put a ring on it” and got busy raising families too.

It was a sad day in April 2004 when the Olds plant shut down for good. They were all retired, but it still hurt. The guys made a pilgrimage to the old place every springtime. Both couples were doing fine. Their homes were paid off and worth about $175,000. With $200,000 in savings and $75,000 of life insurance, they felt secure. Not to mention having prepaid their funerals. Each couple had three kids and three grandchildren. They even like the in-laws!

Nothing Good Lasts Forever… Gathering Clouds

Just few years ago. Another perfect spring. Bright sunshine, crisp air with a bit of warmth, the smell of new growth, green leaves.

Two women of a certain age. Maybe sisters. Alike in many ways. Both were mothers and grandmothers. Respected. Looked up to. Reliable volunteers for church and school. You want it done right? Get Betty and Wilma on the case. Rapidly approaching their 50th wedding anniversary. Time flies.

You have friends like these women. Middle-class people who enrich the world. Generous spirits. Authentic kindness. Get it done attitude.

Nice homes, colorful gardens. Debt Free. Comfortable cash cushion (not that the kids would know). Coupon clipping and natural thrift. No extravagant or expensive habits. Except spoiling their grandchildren.

But what is going on with Fred and Barney? Why does Fred put the car keys in the refrigerator? Barney gets so confused with the simplest things. And it is getting worse.

2020… The Storm Breaks

Betty and Wilma are now their husbands’ primary caregivers. Barney and Fred, after many years as partner and confidant, father and grandfather, best friend and “accomplice,” have fallen victim to Alzheimer’s Disease. Heart-breaking. Life-changing. COVID isolation on top of it all. No description necessary.

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

Maybe the kids don’t get it. But these women took JFK at his word: “We choose to do these things, not because they are easy, but because they are hard.” Alzheimer’s is hard. Alzheimer’s plus COVID is even harder.

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

A Real Lifeline… Too Good To Be True?

A pleasant Sunday, May 2021, 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, home, life insurance… their security, need not be sacrificed. Their 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 2020. And the warning that the special COVID rules would expire, but were then extended to November, then extended to April 2021, then extended “until further notice.”

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

And this is where Betty and Wilma made different choices.

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

Wilma thought, “I heard of this last year and didn’t act. Could this be my second chance? Maybe I should find out more…”

Five years quickly passed.

And That Has Made All Of The Difference

Another fine spring morning. Betty and Wilma are still best friends. But not so much alike anymore. They made different choices. They got different results.

Pride Goeth Before A Fall — Proverbs 16:18

Betty was physically exhausted. Twenty-four hours a day. Seven days a week. Constant caregiving for Barney took a heavy toll. Emotional stress was worse. Bankruptcy. Lifesavings did not last long paying home health care workers. Cashing in the life insurance? No, she didn’t mind. That money was long gone.

Betty was still bound and determined that her Barney 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 Wilma or her 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 have stopped harassing her.

She Is Clothed With Strength And Dignity; She Can Laugh At The Days To Come. — Proverbs 31:25

Wilma stood at the kitchen window. Watching her grandchildren play in the yard. The last few years had been tough. Fred did not recognize 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 aides came out to help with Fred several times a week. During COVID so many years ago, they even helped with her grocery shopping. And housekeeping. Plus all the medical support. Wilma’s future was secure. She did not face it alone. No Poverty: life savings protected. No Charity: PACE was a return on all those tax dollars. No Waste: Her legacy will endure for years. “Well,” she thought, “sometimes “too good to be true turns out even better.”

I Have Finished The Course,
I Have Kept The Faith
2 Timothy 4:7

Several months later.

Betty’s funeral. Wilma thought about her best friend. It was tragic. Betty ran the race. Betty fought the good fight. At the ultimate cost to herself, she did what she believed was necessary. Rapidly pouring out the savings and accomplishments of a lifetime. All gone in the blink of an eye.

Is there anything more tragic than needless suffering? Striving to do something that did not have to be done at all? Wilma had to say it: “Betty killed herself with work and worry, all to keep Barney out of “those places.” And where is he going now? One of “those places.”” When a good person refuses the helping hand, it is more than sadness. When refusal leads to catastrophe, it is more than regret.

The next year.

After the preacher’s kind words at the cemetery, Wilma turned from Fred’s grave. Wilma too ran the race, fought the good fight. Wilma had been there for Fred to the ultimate end. Hospice at the house. Familiar PACE folks who supplied the hospital bed, Hoyer lift and other necessary equipment and services. Given fair warning, the kids made it in from out of town. It was sad, heart-breaking. But not tragic. Surrounded by family and friends. Secure. At peace. What did the Lord have in store for her now? Wilma did not know. But she looked forward to finding out.

The Difference

Most people, reading this article, will choose Betty’s path. Most people, faced with long-term care costs, close their eyes. Reject reality. Hope for the best. As lifesavings 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 over thirty years, people have told me, “I’ve never heard of this before!” “If this is real, why doesn’t everyone do it?” “My lawyer/financial advisor/brother-in-law/accountant/tax person/banker/best friend/fill-in-the-blank never said anything like this…”

Well, here you are. Now you know. No excuses. Wilma or Betty? You have 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.

No Poverty. No Charity. No Waste.
It is not chance. It is choice. Your choice.

Get Information Now. (800) 317-2812

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

Seventeen years ago

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

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

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

As new retirees so often are, both were filled with dreams for the future. Time to spend more time with the important people. Wives, kids, grandchildren. Tinkering in the shop. Volunteering at church. Traveling. Enjoying the retirement freedom and security they worked for, looked forward to, earned.

Last week. Still the same…

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

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

But there are enormous differences.

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

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

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

Why Is One Desperate And The Other Secure?

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

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

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

What is knowledge without action?

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

Calvin Coolidge

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

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

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

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

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

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

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

Heartfelt Thanks To Geraldine T. Richardson – Special Contributor

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

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

Mail Call: Answers To Your Estate Planning Questions

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

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

LETTER #1

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

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

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

Do Not Do This Bad, Awful, Evil Thing

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

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

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

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

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

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

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

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

LETTER #2

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

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

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

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

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

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

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

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

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

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

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

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

LETTER #3

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

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

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

The Answer Is: Yes.

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

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

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

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

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

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

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

YOU CHOOSE!

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

The Middle Class Is Broke Because Estate Planning Is Broken

How The Rich Do Long-Term Care

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

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

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

“But how do you do it?” I persisted.

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

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

She laughed. “No, never.”

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

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

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

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

And then the lightbulb moment…

“Ohhh!”

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

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

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

—F. Scott Fitzgerald

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

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

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

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

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

And then you are broke. Medicaid to the rescue!

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

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

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

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

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

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

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

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

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

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

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

Your New Opportunity For Free At Home Care

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

Emergency Rules Effective “Until Further Notice”

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

Nobody Wants To Be Institutionalized:

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

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

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

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

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

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

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

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

Now: Expanded Eligibility

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

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

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

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

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

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

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

Healthy Skepticism Or Deadly Doubt?

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

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

Do You Or Your Loved One Qualify?

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

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

Get Answers Now: 800-317-2812

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

Covid-19 Rule Changes Will Not Last

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

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

What Benefits Does Pace Provide?

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

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

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

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

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

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

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

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

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

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

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

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

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

Transportation Services

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

Prescriptions And Over-The-Counter Medications

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

Family/Caregiver Support Services
• Respite Care and Caregiver Education

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

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

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

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

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

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

Peace Of Mind Is Our Stock In Trade

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

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

Now That’s A Guarantee!

Client Success Stories…

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

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

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

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

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

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

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

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

Our Promise: We do not share or sell your personal information. Privacy Policy.

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

Our Office Locations

Grand Rapids, MI

Norton Shores, MI

Holland, MI

Portage, MI

Practice Areas

Medicaid Crisis Lawyers

Estate Planning Lawyers

Elder Law Lawyers

Family Trust

Probate Lawyers

Trust Funding Center

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