Tag Archive for: estate planning

Answers to your questions
Note: Not Legal Advice!

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

You Must Sell The House… Or Be Foreclosed!

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

The Problem What To Do With The Leftover Money?

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

Some Solutions And Strategies

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

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

Easy, Easy, Easy! The Pooled Trust

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

Easy, Easy! The Medicaid Payback Trust

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

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

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

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

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

While Mother Lives – Before The Sale

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

Mother Still Lives – 12+ Months Later – Must Sell

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

Mother Dies Before Forced Sale Of Homestead

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

To Infinity!

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

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

And Beyond!

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

Got Questions? Get Answers!

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

(800) 317-2812

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

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

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

Happens all the time, right?

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

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

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

Reading Of The Will:
Who Gets The Leftovers?

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

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

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

What Is Probate?

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

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

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

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

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

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

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

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

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

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

Probate Court Is The Janitor!

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

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

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

 

But What About The Will?!?

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

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

Your Will only “works” after you have died.

Your Will only “works” by going through Probate.

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

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

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

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

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

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

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

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

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

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

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

Note: Not Legal Advice!

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

No Good Deed Goes Unpunished

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

Undue Influence

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

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

BUT…

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

Solution!

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

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

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

Old Habits Die Hard

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

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

Prove You Did Not Give It Away!

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

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

Solution! Save The Homestead

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

And Beyond!

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

Got Questions? Get Answers!

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

Real Problems. Real Answers, Results Not Excuses.

Most folks have kids. Most folks without kids have nieces and nephews. Most folks without kids, nieces or nephews should count their blessings. Little kids lie. Poorly. A fun thing about little kids’ lies is that reasonable people cannot attempt to take them seriously.

Crumb-covered kid with frosting-smeared face: “I didn’t take the pink cupcake with sprinkles. Little Tommy (6 months old) did it. After the green aliens turned him into a blue panda bear. That highchair was already next to the counter. That vase was broken when I woke up today. But maybe it was the burglars… I don’t know.”

You know the kid’s lying if:

1. The first sentence begins, “I didn’t…”
2. Wealth of possible but improbable detail
3. Story makes the kid look good and/or a victim.
4. Everything just a little too “perfect”.

You developed your lifetime BS detector by spotting these “tells.” It is why you do not believe your brother-in-law. And wonder why your sister does.

Older Gent Injures Self, Lies About It – No Problem!

Imagine. Well-known but self-evidently frail celebrity. Suffers repeated brain bleeds and blood vessel ruptures in his eyes. Mispronounces common words. Makes up new words. Walks the “extraordinary care” walk. Limits “work” to a few hours. Handlers carefully script his every move. Refuses questions. Self-isolates.

Now this celebrity injures himself. Rather than admit the spill, he lies. Invents and embellishes story about rough play with dog. By name. Couple of days later. Dribbles out a river of details. Hurt foot… sprained ankle… broken bones…Where does it end? Head bump… minor concussion…?

Refusing to admit weakness? Not unusual or wrong. A guy thing. Especially guys of a certain age. My beloved 95-year-old Dad falls from time to time. He always bounces back. But the explanations. Holy cow!

Media Lies to Us-No Problem!

You know they are unreliable. You attend an event. You have certain skills. You see or read a story relating to that event or skill. You wonder, “What planet was this reporter on?” Happens every time.

No problem! Observing stuff is hard. Writing is hard. Deadlines are hard. Editors are meanies. If it bleeds, it leads. Get ‘er done! Slanted? Naturally. But not evil. Not super evil anyway.


And Now a Word from Paul Burge

Journalism is all about covering important stories.
With a pillow, until they stop moving.

Paul Burge, Iowahawk
 


Media Insults Us with Childish Lies – Big Problem!

Like most people, you watch the news, read the paper. And something is different. Confusing. Insulting. Why do they demand we believe lies that would not deceive your youngest grandchild? How often do octogenarians roll on the floor with big dogs? Ever? You have never seen it. Me neither. Because it does not happen.

No respect. No respect at all. They make it up and do not care that you know. What are you going to do about it? That is what contempt is. They think so little of you. So little of your intellect. Big, sloppy, stupid lies.

And that is what is different. And evil. Super evil. Always. All the time. Terrible. Awful. No good. Very bad.

Sure, Walter Cronkite had an agenda. So did Huntley & Brinkley. But at least they did not mock your common sense. Good times.

Real Problems. Real Answers, Results Not Excuses.

More truth: Most folks eventually need long-term care. Rules determine whether you keep any of your lifesavings. Care at home or institutionalized? What do the rules say?

For thirty years, protecting middle-class Michigan from nursing homes and nursing home poverty.

Keep your independence. Preserve your life savings. Make the rules work for you, the folks who play by the rules.

Or you can rely on the rectitude and disinterested honesty of public relations flacks who hold you in contempt, tell you stories that would not convince a slow 6-year-old, and wish you would all just go away.

Real-world problems. Real-world answers.

GET ANSWERS NOW…
CALL THE LIFEPLAN™ HOTLINE (800) 317-2812

Folks like us begin working by age 10. Snow shoveling. Grass mowing. Babysitting. Dishwashing. Me, I began delivering newspapers at 7.

I have an older sister, two younger sisters and four younger brothers (8 of us altogether). Dad, a WWII Navy veteran, taught school by day, then worked the local brewery’s graveyard shift. Sixteen-hour days for sixteen years. Mom was an RN. She resumed practice when the youngest was 5. Both parents tracked our grades, chores, and college savings.

Paper route and dish-washing money paid for my first year at the University of Notre Dame. An Army scholarship and weekend pizza deliveries took care of the rest. Upon graduation, the Army kindly allowed me to get my first law degree from Boston University Law School. Like Dad, I worked third shift full time to pay the bills.

On active duty, the Army let me jump out of airplanes, argue murder cases, edit The Army Lawyer, and work at the Pentagon. The Army also paid for most of my Master of Law, Taxation degree from Georgetown University Law. Airborne wings, two Meritorious Service Medals and an Army Achievement Medal. Thank you for allowing me to serve!

A Different Vision Of Estate Planning & Elder Law

Two years at a large law firm were enough. For them. Thirty years ago, I founded my own firm. Dedicated to you. Middle Class Americans. Today, 40+ team members share the LifePlan™ vision:

  • 1. No Poverty. You do not go broke. You will keep your lifesavings. Keep your independence. Period. Money is choices. You decide. At home care, assisted living or skilled nursing?
  • 2. No Handouts. Middle class Americans are not looking for charity. Need long term care? Get the benefits you paid for with every paycheck.
  • 3. No Waste. Avoid probate? Of course. Make sure the beneficiaries get their inheritance, no matter what? Yes!

I reject traditional estate planning. Traditional planning sacrifices Middle-class Michigan to nursing home poverty. Everyone knows this. Your insurance agent, financial advisor, accountant, lawyer. It is no secret. Except to you. No longer. The Reporter gives you the straight story.

Over the years, tens of thousands of families have used the LifePlan™ approach. Simple fairness. You paid in. You get the benefit. Receiving the best care. Maintaining quality of life. Not going broke.

Service To Our Client Families

No billing by the hour. No billing by percentage of your estate. No surprises. We do not like surprises. We will not surprise you. Let’s talk… no charge. No charge for the workshop either. If you choose to protect yourself and your family, we will craft a plan and quote the fee. No risk. You decide. You get options, in writing, all fees disclosed up front.

Many lawyers claim to do everything from traffic tickets to trusts. Can that lawyer is be expert at anything?

Our singular focus is on you and your loved ones. Following through, getting the job done. I call it LifePlanning™. You may call it common sense. Other lawyers wish it would just go away.

GET ANSWERS NOW. CALL THE LIFEPLAN™ HOTLINE
(800) 317-2812

Too many middle-class families (one is too many and long-term care poverty smashes the security of thousands) go broke from endless long-term care bills. That does not happen to our LifePlan™ families.

It is simple: Three Goals, One Strategy.

1. No Poverty – You will not go broke.

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

2. No Charity – Caregivers get paid. You already “bought the insurance.”

America pays for long-term care through your taxes. Withheld from every paycheck you ever earned. More than your fair share over the years. You paid for other people. Folks you have never met. You, the middle-class, only want a fair shake. You paid in, you should get paid back if needed. Without sacrificing every red cent.

3. No Waste – Any leftovers go to your beneficiaries. Not wasted on probate or taxes.

Why shouldn’t your family, your loved ones, benefit from your leftovers? Why should probate, taxes, government soak up what is left? Wise plans avoid strife and insure family harmony.

For 30 years, the LifePlan™ strategy has achieved your goals.

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

LifePlanning™ is middle class Michigan’s tool kit for winning the future. Comply with their rules? Yes, absolutely. If you want to win, you must know how to play the game. Thirty years of study, experience, testing and delivering results have produced the LifePlan™ system. Techniques and tools that preserve, protect, and defend your right to decide how you will live. You earned that right through decades of work and conscientious stewardship. Isn’t it ridiculous to suggest that impoverishing yourself, your spouse, your family is somehow noble? Isn’t it foolish to reject your own life experience for the defeatist counsels of the “wise”?

LifePlanning™ means your choices matter, whatever life brings. Are you like thousands of Michigan families who played by the rules and earned homes, cottages, farms, lifesavings? Would you like the rules to work for you, for a change? Why wait until it is too late?

CALL THE LIFEPLAN™ HOTLINE – 1-800-317-2812

What is so different about you? What enables middle-class folks to rise and win, time after time? Facing and beating challenges? At seven years old, I began helping another kid on his paper route. Lucky for me, there was a block of triple decker houses and Paulie did not like climbing stairs. A few years later, my next younger brother and I had our own route. Hot in the summer. Cold in the winter. Raining or snowing from time to time. On foot. We did not always whistle while we worked. But the Carrier boys delivered the Evening Bulletin 6 nights a week. And early Sunday mornings, before church, the Journal-Bulletin.

You have done the same. Throughout your life, you took the overtime. The second job. Doing what it took. My weekends at Notre Dame were spent delivering pizza. As a law student, I worked full time on the graveyard shift as a security guard. Just like you. What else could we have done? We had a job. We saw the need. We got it done.

We learned it from our folks. After beating the bad guys in WWII, our parents went to work. Dad taught school all day, came home, changed clothes, and put in 8 more hours at the Narragansett brewery. For 16 years. Mom was an RN. After raising 8 kids, she pinned her nurse’s cap back on and resumed nursing. Details vary, but your family lived the same values. How do I know? Thirty years of talking to and planning for your folks. And you.

And now COVID. The Elder Plague. Death rates: way down. Therapies: better and improving. So much winning. But we are not done yet. COVID is real. COVID can strike close to home.

By a series of commonplace coincidences, a team member tested positive for COVID. Since the beginning, the Carrier Law team has taken every recommended precaution. And come up with a few of our own. Hand sanitizer, videoconferencing, outdoor workshops, social distancing, masks, working from home, plexiglass barriers, temperature checks, screening protocols, Clorox-ing conference rooms, prudent behavior.

Not perfect. Last Friday, I spent a few hours (in the rain) climbing through trees on one of those courses. Team building with several paralegals. Outdoors, yes. Distanced, yes. Wearing masks, yes. Until that triumphant team photo at the finish. Mask off. Picture! Mask on. Well. Then we waited for the results. One more thing to be taken in stride.

Aren’t we all waiting on “test results”? What will your “Alzheimer’s test” reveal? Of course, there is no such “test.” We find out only as time goes by. With COVID, we face reality, we do not wish it away. Most of us will eventually face dementia. Personally. Not just our spouse or a loved one. Lots of statistics. One bottom-line fact.


The trouble in American life today, in business as well as in sports, is that too many people are afraid of competition. The result is that in some circles people have come to sneer at success if it costs hard work and training and sacrifice.
– Knute Rockne


We, the middle class, do not deny reality. We accept it, make our peace, and do the best we can. With optimism and good cheer. Lots of critics have lots to say about us baby-boomers. But all agree that when we see what we want, we go get it. Make it happen. Rejecting the counsels of gloom and doom. With open eyes and stout hearts.

When you are facing long-term care, dementia, end of life issues, there are a million questions and few reliable answers. Many people, including otherwise competent financial planners, well-known attorneys, and respected members of the community, seem to believe that you should go broke when facing these issues. Maybe they are unaware of the options. Perhaps they are in denial. Is there a moral imperative that you should go broke? Some “experts” seem to think there is.


Americans play to win all the time. The very thought of losing is hateful to Americans.
– George S. Patton


Like you, I completely reject the idea that losing is okay. Like you, I believe in winning. We all have challenges and sometimes we do lose. But we never “get used to it.” Why should we? Losing is a bitter pill. I may have to take my medicine, but I do not have to like it.

If you want to go broke, as some folks think you should, you do not need me. The state is very good at making a bonfire of your lifesavings. The state helps only when you comply with their rules. And for most folks, compliance means poverty, insecurity, loss. Unacceptable.


[W]ith firmness in the right as god gives us to see the right let us strive on to finish the work we are in…
– Abraham Lincoln


LifePlanning™ at Carrier Law

LifePlanning™ is middle class Michigan’s tool kit for winning. Comply with their rules? Yes, absolutely. If you want to win, you must know how to play the game. Thirty years of study, experience, testing and delivering results have produced the LifePlan™ system. Techniques and tools that preserve, protect, and defend your right to decide how you will live. You earned that right through decades of work and conscientious stewardship. Isn’t it ridiculous to suggest that impoverishing yourself, your spouse, your family is somehow noble? Isn’t it foolish to reject your own life experience for the defeatist counsels of the “wise”?

LifePlanning™ means your choices matter, whatever the test results. Are you like thousands of Michigan families who played by the rules and earned homes, cottages, farms, lifesavings? Would you like the rules to work for you, for a change? Are you waiting for the test results? Are you waiting until it is too late? Would you like to know now?

GET ANSWERS NOW… CALL THE LIFEPLAN™ HOTLINE
1-800-317-2812

Everyone knows about the COVID Elder Plague now. The facts are well accepted. Victims are overwhelmingly older. And in long-term care facilities. Tragic truth: nursing home residents are 70 times more likely to die of COVID. Executive Orders in New York, New Jersey and Michigan have been deadly.

Last summer, we gave you the good news about at home care. Emergency, limited changes to the Program of All-inclusive Care for the Elderly (“PACE”). New opportunities for thousands of families to get at-home care without more sacrifice. Keep life savings, cottage, farm, rental properties, business. No Poverty! If you follow the rules. Care services: free. Income: keep it. No co-pay, doughnut hole or other payment.

Many Michigan families acted immediately. We have helped dozens secure at-home care for their loved ones. PACE saves families from the deadly COVID virus stalking long-term care facilities. But we warned you: “COVID-19 emergency rules are temporary. The benefits are permanent. When the emergency is over, these favorable rules will be gone.”

The rules expired November 1, 2020. But now, the emergency rules were extended to April 1, 2021. Five more months for families to get back a little of what they have paid in. That is a big deal. Let’s not put it off again.

Threat to Middle Class Security

You are middle class. You have worked and saved. Since you were 10 years old. You and your spouse have a bit set aside. You are fine! But then…
You are caring for your loved one at home. You applied for help. Rejected! Too much income. Too much savings. A cottage, a business, a farm, stocks, bonds, IRA. Your financial advisor, the accountant, your lawyer. All say the same thing: You must “spend down” all you have achieved. No help until you are broke.

Medicaid Five Year Look-Back

The emergency rules eliminate the “Five Year Look-back”. You truly can preserve what you have earned. Thousands more families could benefit. But tragically, they refuse to believe it is possible. Healthy skepticism hardens into stubborn rejection. Everyone suffers. Clinging to the idea that it is “too good to be true” or “fake news”? Talk to folks who are uncertain and suspicious. Accurate information and proof beat unfounded fears every day.
Fact: You do not have to accept nursing home poverty for yourself or your loved one.

P.A.C.E. Qualifications

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. Social security (gross) less than $2349? (Special rules for pension income.)

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

Get Answers Now: 800-317-2812.

Benefits of Program of All-Inclusive Care for the Elderly

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

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

No Poverty. No Charity. No Waste.

We are your team, united by 3 goals and 1 mission.
1. No Poverty. Your family will NOT go broke.
2. No Charity. You paid for these benefits with a lifetime of work and taxes. You earned this.
3. No Waste. Your beneficiaries get whatever is left. For certain.

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

Get the straight story. Your loved one is counting on you. Satisfy yourself that you have the right information. It is simple and free. Call and schedule your Discovery Meeting where we will learn about your unique situation and guide you through the process.

COVID-19. Everyone has an opinion. Fear-mongering headlines are everywhere. Widespread destruction of American middle class hopes and dreams. Out of work. Out of school. Out of money. Out of hope. Why is anyone surprised that some young people turn against fundamental American ideals of honor and fair play? What if America had responded to polio, yellow fever, whooping cough, German measles, other devastating disease pandemics by depriving regular citizens of their rights to worship, associate with others, seek their fortune, pursue happiness?

COVID-19 falls heaviest on older Americans. It is truly an Elder Plague. The numbers have not changed. The older you are, the more deadly COVID-19. Americans over the age of 85 make up only 3.4% of COVID-19 cases, but a full 32% of deaths. Almost ten times as many. Younger Americans, under age 50, suffer 64.1% of COVID-19 infections. What percentage of deaths? Five percent. 5%. FIVE PERCENT. So. Older folks – ten times MORE likely to die. Younger folks – thirteen times LESS likely.

Wear your mask. Wash your hands. Take your temperature. Take care. Be on guard. Be wise. COVID-19 is a killer. That 5% of under-50 deaths represents almost seven thousand, five hundred Americans whose lives were cut short. Seven thousand, five hundred Americans who will never reach their full potential. Seven thousand, five hundred American tragedies.

And now, for the rest of the story.

High School Kids’ Despair Equals Suicide and Drug Abuse

“But there has been another cost that we’ve seen, particularly in high schools. We’re seeing, sadly, far greater suicides now than we are deaths from COVID. We’re seeing far greater deaths from drug overdose that are above excess that we had as background than we are seeing the deaths from COVID.”

Idle Hands are the Devil’s Workshop

We are not doctors, virologists, epidemiologists, or data analysts. But something seems odd here, doesn’t it? COVID-19 falls heaviest on the elderly. Hardly at all on working age and younger people. Yet rather than focus on those in need, politicians completely lock down society. No work. No play. No school. No church. Unsurprisingly, teenage suicides and drug deaths skyrocket. Frustration and boredom find outlet in politically correct protests, riots, and violence. Why do so many politicians embrace mindless destruction now and a defenseless future? Fear? Sympathy?

Some people ask, “Is there a better way?” We wonder, “Could there be a worse way?”

Middle Class Will Prevail

But as we all know, something that cannot go on forever, will not. Sooner or later, the pendulum swings back. Can you feel it? Did you get that sense, sometime last week, that things had gone far enough? Too far? We are patient. We are kind. We do not think ill of others. Slow to anger. But enough is enough. Too much waste. Too much greed. Too much self-righteous, self-satisfied, smug entitlement. Too much disrespect. “For they have sown the wind, and they shall reap the whirlwind.” Hosea 8:7

LifePlanning™

Wealthy folks are fine. They have lots of lawyers chasing them. Deserving poor get it for free. The Middle Class pays. Until there is nothing left. Then, scraps. We are here to serve you. LifePlanning™ is designed for and serves the Michigan Middle Class. Now. While you are still here. And who else even talks about it? You could do worse than give us a call and discover the choices LifePlanning™ and your hard work have made possible for you.

Get Answers Today! Call 1-800-317-2812

On a cold, rainy Sunday afternoon in early October, Jane despairs at the paperwork piles. Last year, a car crash took Mike, cruelly ending their ten-year marriage. Each year, Mike did the taxes while house bills fell to Jane. Now, it’s all on her. How can she do this alone? A young widow with two young children. Even after a year she cannot concentrate. “Widow’s brain” a friend calls it. A constant fog interrupted by family demands.

Mike and Jane meant to get organized, get their “ducks in a row.” But kids! Jobs! Church! Activities! She gave up her job after the second child. Daycare was so expensive and no family nearby. Jane’s new part-time job barely covers her expenses. What to do now?

Partial Plan Means Total Frustration

Jane could get the checking and savings because they were joint on those accounts. But her name was never put on that cottage Mike inherited. Mike’s life insurance from work is up in the air. They say the “paperwork” is wrong. Health insurance? That “COBRA” policy costs way too much! If Jane gets sick, who takes the kids?

First Things First

Jane and the kids need checkups. Physical and mental! Available without charge in most Michigan counties.

Plan Jane Plan

Jane needs expert help. Thorough review of family assets. Handle Mike’s probate estate. Get the insurance money. Plan for the future. Who gets the kids if she dies? Who will pay the bills? Who makes medical decisions? How can an estate plan that make life for her family easier and safer?

Carrier Law Can Help

A will and trust will direct who gets the kids and the money. No expensive and time-consuming Probate. Financial and health care powers of attorney will allow a loved one to manage her affairs.

Take the First Step!

Jane met experienced, competent counsel who helped her cut through the fog. Take effective action. Provide for herself and her children. As Jane now says, “It’s not about documents, it’s about peace of mind!”

By Claire Clary, Carrier Law Attorney, Widowed Persons Service – Board Member

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