Springtime For Letters! Still Not Correcting Spelling Or Grammatical Errors
Tag Archive for: grand rapids
“If Voting Changed Anything, They’d Make It Illegal”
Democracy Is The Theory That The Common People Know What They Want, And Deserve To Get It Good And Hard
H. L. Mencken
Good Judgment Comes From Experience, And A Lot Of That Comes From Bad Judgment
Will Rogers
A Man Who Carries A Cat By The Tail Learns Something He Can Learn In No Other Way
Mark Twain
“A Week Is A Long Time In Politics”
Toxic Typo’s – Sinful Syntax – Poisonous Punctuation. And Still Not Legal Advice!
“Our House Is A Very Very Very Fine House” – Graham Nash
What legally binding forms are required/recommended to ensure a persons desire to leave a house to someone else after they pass?
We live with my mother in law and have for the last 18 years, she is getting up in age and has promised us her house when she passes. Her other children are not aware of this at this time. To avoid drama and conflict later her and I both agree something legally binding should be created now to avoid conflicts later. What exactly needs to be created or stated to ensure that the house is left to us per her wishes? Also if the forms are not created is there a natural procedure for who the house would be offered to (eldest child etc)? Thanks
What You Should Do: Fight. Fight. Fight. Mom expressed her desire that you take care of her business. Where the hell does brother get off challenging Mom’s wishes? At the next stop, that’s where! Going to probate court, seeking guardian/conservator when Mom already handled matters is bogus. And you can quote me on that. (Unless you are neglecting Mom and stealing her money).
Accurate Answer: Lawyer up. Call the lawyer who is filing these papers in Probate Court. Express your willingness to “go to the mattresses” until Kingdom Come. And be ready to endure a contested matter in probate court. It will suck. It will be expensive. It will be worth it.
“It Is A Wise Father That Knows His Own Child”- Shakespeare
Can parent in nurse care transfer asset to a disable child without penalty? does it need to be in a trust or can it be a gift?
Dad is in a nursing home and is currently spending down however one of his adult child is on SSDI can he transfer assets to his child on SSDI without penalty Thank you
General Answer: Most Medicaid programs for older folks, including the one that pays your Dad’s skilled nursing, will allow Dad to transfer assets to a disabled child. Usually such a transfer would be “divestment” and Dad would be heavily penalized. But since brother is on Social Security Disability, transfers to him will not be divestment.
Next Step: Do not make the transfer directly to brother. You know about his Social Security Disability Income. Is it crazy to think that brother may be on other government programs? Isn’t it likely? So, let’s not give him the money directly, but create a trust “solely for the benefit” of brother. No Direct Transfer. Transfer to Supplemental Needs Trust. Works Great and No Probate! Try It, You’ll Like It! You are welcome, sir!
“Out Damned Spot!” – Shakespeare
When the person dies I am taking care of in her daughter another house can I stay there ?
I do not have a lease from the person I am caring for. The person has a life estate in her house she gave to her daughter decades ago. When she dies I feel I should be able to stay in the house for 30 days at least till I find another place to live in. The daughter and myself are not on friendly terms and she refused to give a lease years ago. I have been a caretaker for the Mother 12 years?
Sad But True Answer: You can stay in the house only so long as it takes Daughter to evict you through the usual process. Expect to get a Notice to Quit – Termination of Tenancy as soon as your client dies. That document will give you 30 days to pack up and vamoose!
Hopeless, Helpless Situation: There is nothing that can be done about this now. The person you are caring for does not own the entire house. All she has (according to you) is a “life estate” in the house. That life estate dies when your client dies. And then daughter owns all. And you are looking for an apartment.
Hindsight is 20/20 Advice: Like most people, you do not like pushiness. You don’t push other folks around. And you don’t like to complain. That’s why you do not have future housing security. You are first in line to get the Bum’s Rush as soon as your client dies. You coulda, shoulda, woulda taken care of this a long time ago. Now you are dependent on daughter who does not like you.
Do you like anxiety? Does insecurity make you happy? Otherwise, when (if) mom needs long-term care, Medicaid will say she has been giving her money away. And Medicaid will hit mom with a penalty period. Not good.
Why Estate Planning Fails
If Trusts Avoid Probate…
And Special Real Estate Deeds Avoid Probate… And Beneficiary Designations Avoid Probate… Why Do We Need More Probate Judges?
And How To Make Yours Succeed
Seems like estate planning is all about avoiding probate. Financial advisors, lawyers, your brother- in-law… everybody full of good advice about how to avoid probate. And those poor dear probate judges! Nothing to do… out of work… unemployed… thing of the past…?
But then look at your Kent County ballot come Election Day. Lo and behold, they are creating a new probate judge. A desperately needed probate judge. To meet the rising demand for probate. Who’s getting rid of any probate judges? Nobody. Busier than ever. Need more. Adding them. Not kidding.
How can this be? Isn’t everybody’s avoiding probate? And still the probate courts are overworked and overwhelmed? Gee, do you think that maybe all that “avoid probate” stuff doesn’t really work? Why not?
Your estate plan will fail. Your estate planner claims to be avoiding probate, saving taxes, and delivering the leftovers to painlessly to your beneficiaries. And this fails. Fails so badly we need more probate judges.
Traditional estate planning fails for many reasons. A big one: 70% of us will need long-term skilled care. 70% of us. For an average of 3 years. And we will go broke paying for it.
Are you surprised that thousands of recreation properties: cottages, cabins, hunting land, are lost to pay for long-term care? Then probate feasts on the measly leftovers. Why is your estate plan so bad? Evil intent? Stupidity?
LifePlanning™ defeats Nursing Home Poverty. Keep your stuff. Get the care you have already paid for. Good for you. Good for your family. Good example for society. Stay out of probate.
Should stroke, disability, dementia always lead to financial ruin? And the probate court? Are you happy to see your lifesavings evaporate? Thousands of LifePlan™ families know a better way.
If your loved one suffers from dementia that leads to death, should they die impoverished? Should the survivors live impoverished?
LifePlanning™ means your last years will be years of security and peace of mind.
Is A Real Solution A Bad Idea?
Perhaps you think you already have an answer to this problem. Maybe you do not see this as a problem at all. It is possible that you do not believe in the passage of time or its effects on you.
Peace of mind and financial security are waiting for everyone who practices LifePlanning™. You know that peace only begins with financial security. Are legal documents the most important? Is avoiding probate the best you can do for yourself or your loved ones? Is family about inheritance? Or are these things only significant to support the foundation of your family?
Do you think finding the best care is easy? Do you want to get lost in the overwhelming flood of claims and promises? Or would you like straight answers?
Well, here you are. Now you know. No excuses. Get the information, insight, inspiration. It is your turn. Ignore the message? Invite poverty? Or get the freely offered information. To make wise decisions. For you. For your loved ones.
It all begins with the LifePlan™ Workshop. An hour or two that changes your family history. The first step on the path to security and peace. Why not your family? Why not you?
NO POVERTY. NO CHARITY. NO WASTE.
It is not chance. It is choice. Your choice.
Get Information Now. (800) 317-2812
Happy Halloween Horror Show!
Mummy Mortgage Rates Rising Like A Bat Out Of Hell
Ever actually see a Bat Out of Hell? Me neither. But these week-to-week increases in home mortgage interest rates would give that fella a run for his money. And how!
How much higher can rates go? Much much higher. So here’s your weekly dose of reality. Read ‘em and weep:
“Repulsive Revolting Rates Mean We’ll Never Afford Our Bloody Bungalow!”
Creepy Consumer Prices Popping
“I Vant To Suck Your Blood
I Prefer Cheeseburger But Too Expensive!”
“I Vill Haft To Stay Home…”
So expensive to eat out! Let’s stay home and read the newspaper. How about some buttered toast? And a steaming cup of coffee? Sounds great… economical too! Not so fast… The cost of bakery products is up over 16%. Same goes for your Cheerios… And the butter? That’s up 16% too… like the milk for your Cheerios… or is it Special K for you? Look on the bright side… those eggs are only up 8%. Yay. Unfortunately, alcoholic beverages are up an unlucky 13%. Well, you wanted to go on a diet anyhow…
And Now A Sneak Peek At 2023: Looks Like More Of The Same…
“The Rent Is Too Damn High!”
Kong Is Korrect! Rent Is Up 7.2%!
Looks like he found a roommate to share the increased rental expense. Good strategy! But with Transportation services up by almost 15%, perhaps the happy couple should invest in a bicycle built for two? Just a suggestion.
“Please… No More Charts! Too Horrifying!”
Trick Or Treat!
Did You Want Your Estate Plan To Be A Nasty Trick?
Is It Wrong To Leave Your Family A Treat?
Why Should The Government Get All Your Halloween Candy?
Why Estate Planning Fails And How To Be A Winner
Traditional estate planning is concerned with avoiding probate, saving taxes, and dumping your leftover stuff on your beneficiaries. After you die. Nobody cares what happens to you while you are alive. How does that help anyone? Stupid.
Traditional estate planning fails because the overwhelming majority of us will need long-term skilled care. 70% of us. For an average of 3 years. And we will go broke paying for it.
Is it surprising that thousands of recreation properties: cottages, cabins, hunting land, are lost to pay for long-term care? Why is your estate planner hurting you and your family? It is evil intent? Or stupidity?
LifePlanning™ defeats Nursing Home Poverty. Keep your stuff. Get the care you have already paid for. Good for you. Good for your family. Good example for society.
When my mother suffered from the dementia which led to her death, over 10 years ago, their estate plan preserved their lifesavings. Mom’s months in the nursing home did not mean Dad’s impoverishment. Dad spent the last years with security and peace of mind.
Is Now A Bad Time For A Real Solution?
Perhaps you think you already have an answer to this problem. Maybe you do not see this as a problem at all. It is possible that you do not believe in the passage of time or its effects on you.
Peace of mind and financial security are waiting for everyone who practices LifePlanning™. You know that peace only begins with financial security. Are legal documents the most important? Is avoiding probate the best you can do for yourself or your loved ones? Is family about inheritance? Or are these things only significant to support the foundation of your family?
Do you think finding the best care is easy? Do you want to get lost in the overwhelming flood of claims and promises? Or would you like straight answers?
Well, here you are. Now you know. No excuses. Get the information, insight, inspiration. It is your turn. Ignore the message? Invite poverty? Or get the freely offered information. To make wise decisions. For you. For your loved ones.
The LifePlan™ Workshop has been the first step on the path to security and peace for thousands of families. Why not your family?
NO POVERTY. NO CHARITY. NO WASTE.
It is not chance. It is choice. Your choice.
Get Information Now. (800) 317-2812
News You Can Use, Without All The Yakety-Yak
If You Liked It, Why Didn’t You Put A Ring On It?
QUESTION: Evicting common law spouse from my home? Can I be forced to modify my house for his mobility and care?
Common law spouse decided to have his daughter handle all of his financial and medical care. Prior to this I was an authorized signing agent which I was used for utility’s, groceries and various joint accounts. His daughter will only give authorization for $200 towards electric, purchase his food and handle his medical needs. He has major medical issues. Eventually him will required the use a wheelchair. I myself have been diagnosed with early stages of Dementia and COPD. And limits my abilities as well. No other contribution are made. Intimidating tactics such as demanding $50,000 for him to leave. Or sale my home and give him half. Repeated threats by he and his daughter regarding him leaving. On a daily bases harassing me about the money he claims he is owed to him. Can I legally evict him? Can I be forced to sell my home which was fully paid for 2yrs prior to him moving in? Can I be required to modify my home for his mobility needs?
Throw The Bum Out, And His Little Dog, Too
1. There is no “common law” marriage in Michigan. Show Freddie the Freeloader the door with instructions on use. If he won’t go willingly, evict him. And his pernicious progeny (that means his devil daughter). What an ungrateful wretch!
2. “Repeated threats by he and his daughter regarding him leaving.”
Correct Response To Threats: “Don’t let the door hit you on the keister on your way out!”
3. Specific Questions – Precise Answers
a. “Can I legally evict him?” Yes. Follow the rules exactly. You don’t want to do this part twice.
Or three times.
b. “Can I be forced to sell my home which was fully paid for 2yrs prior to him moving in?”
No. Hell no!
c. “Can I be required to modify my home for his mobility needs?” Nope.
NOTE: Common Law Marriage is recognized by Colorado, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, South Carolina, Texas, Utah, and the District of Columbia. In these localities, if you hold yourself out as married, you are married. It is not a matter of how long you have been together.
So, say “boy/girlfriend,” “significant other,” or “Poopsie”. Do not say, “Husband,” “Wife,” or “Spouse.” And keep your finances separate.
But I Ain’t Got No Money, Honey!
QUESTION: Can I walk away from my mom’s business and home without doing anything once she dies?
My mother has become increasingly irresponsible with money. She is super intelligent, and she has no dementia. She is 86 and still runs her business but it is highly dysfunctional and I’m not sure it makes a lot of money. She gets lots of loans and has taken all her money from a reverse mortgage on her house. She won’t listen to reason. She is secretive about her finances, and she is controlling. I believe she gets these loans knowing she will probably die before she has to pay them all back. I don’t even know how I would be able to unwind any of this to even pay the debts off after to trying to sell her business.
I’m considering just walking away and not doing a thing after she dies as long as I could do this without any legal ramifications for myself.
Where Were You When The S—t Hit The Fan?
1. You are not liable for mom’s debts. Now or after she dies.
2. You might be liable for mom’s debts if she gave stuff to you so that she would be unable to repay. This is the Doctrine of Fraudulent Transfer or Fraudulent Conveyance.
a. Accept nothing from mom for which you did not pay.
b. Maintain books and records to show you supported yourself.
c. Keep your distance. When the proverbial S hits the fan, you do not want to get splattered.
3. At mom’s disability or death, refuse to act as attorney-in-fact, guardian, or conservator. Walk away. Let a public, court-appointed guardian or conservator try to unscramble these eggs.
4. Parents must accept their children’s choices. Children must accept their parent’s choices. And not be ruined in the process.
5. Consult with counsel to erect a legal firewall between you and the dumpster fire that will be your mom’s financial legacy.
6. Love your mom. And don’t be a victim.
NOTE: Nursing homes, lenders, and creditors of all stripes are responding to the deepening recession by aggressively pursuing non-traditional sources of payment. Meaning they’re coming after family, friends, the postman, anybody they can find who may have benefitted from the borrowing. It is not the mom- and-pop law firms doing this sort of collection work. Debt collection law firms are highly organized, technically savvy, and using legal techniques that were once reserved for the “big” cases. They are not going away.
Daddy Dearest
QUESTION: How do I get a full-time aide for my father who refuses to pay for it?
My father is 96 with several co-morbidities. He is in hospice at home I am his full-time aide. I need a break from caring for him 24/7 for the last nine months. The hospice personnel say they can give me 5 days I need a month or more off. He has on-set dementia which I cannot get the Dr’s to sign off on. He can get violent and I am at my wits end with him. When he was normal he was abusive and now he is controlling and manipulating. I need to get away to take care of myself I am 75 yrs old. I thought I could help but this is way too much. He is difficult to manage. What can I do legally I have POA only medically not financially?
Loving, Devoted Child Or Enabling Co-Dependency?
The Parent Child Relationship Is Not A Suicide Pact
1. Get away. Don’t go back.
2. Make dad get a Probate Court- appointed guardian and conservator through:
a. Adult Protective Services
b. Hospice social worker or case manager
c. Local, neighborhood Elder Law Attorney
3. When spouses care for one another, the caregiver spouse dies first 40-50% of the time. Why? Because caring for a loved one is tough, tough stuff. And you are living the worst-case scenario: Dad has “several co-morbidities.” Plus “dementia.” And on a good day, dear old dad was “abusive.” Nowadays, he can “get violent,” “controlling,” and “manipulating.” Ay caramba! What to do?
4. You recognize that “this is way too much.” Remember what Lucy VanPelt said to Charlie Brown: “As they say on TV, the mere fact that you realize you need help indicates that you are not too far gone.”
5. Now’s the time to arrange for a professional guardian and conservator to take over. Paraphrasing 2 Timothy 4:7- 8: You have fought the good fight, you have finished the race, you have kept the faith. 8 Finally, there is laid up for you the crown of righteousness…
6. Love your dad. And don’t be a victim
How Long Do They Expect Us To Meekly Go Broke?
Social Security Doesn’t Demand Your Last Nickel
Medicare Doesn’t Touch Your Lifesavings
So Why Do You Have To Go Broke For Long-Term Care?
When Is Enough Enough?
Traditional estate planning is concerned with avoiding probate, saving taxes, and dumping your leftover stuff on your beneficiaries. After you die. Nobody cares what happens to you while you are alive. How does that help anyone? Stupid.
Traditional estate planning fails because the overwhelming majority of us will need long-term skilled care. 70% of us. For an average of 3 years. And we will go broke paying for it.
Is it surprising that thousands of recreation properties: cottages, cabins, hunting land, are lost to pay for long- term care? Why is your estate planner hurting you and your family? It is evil intent? Or stupidity?
LifePlanning™ defeats Nursing Home Poverty. Keep your stuff. Get the care you have already paid for. Good for you. Good for your family. Good example for society.
When my mother suffered from the dementia which led to her death, over 10 years ago, their estate plan preserved their lifesavings. Mom’s months in the nursing home did not mean Dad’s impoverishment. Dad spent the last years with security and peace of mind.
IS NOW A BAD TIME FOR A REAL SOLUTION?
Perhaps you think you already have an answer to this problem. Maybe you do not see this as a problem at all.
It is possible that you do not believe in the passage of time or its effects on you.
Peace of mind and financial security are waiting for everyone who practices LifePlanning™. You know that peace only begins with financial security. Are legal documents the most important? Is avoiding probate the best you can do for yourself or your loved ones? Is family about inheritance? Or are these things only significant to support the foundation of your family?
Do you think finding the best care is easy? Do you want to get lost in the overwhelming flood of claims and promises? Or would you like straight answers?
Well, here you are. Now you know. No excuses. Get the information, insight, inspiration. It is your turn. Ignore the message? Invite poverty? Or get the freely offered information. To make wise decisions. For you. For your loved ones.
The LifePlan™ Workshop has been the first step on the path to security and peace for thousands of families. Why not your family?
NO POVERTY. NO CHARITY. NO WASTE.
It is not chance. It is choice. Your choice.
Get Information Now. (800) 317-2812
Like Seriously, This Really Happened, Not Making It Up!
(Not Edited For Spelling Or Punctuation Or Anything Else) (Warning: Not Legal Advice!)
SEVERAL YEARS AT BERNIE’S?
QUESTION: What is it called when one deprives another notification of their parent’s death so to deprive them of their share of benefit?
I just found out that both of my parents have died, but years ago. After hoodwinking and railroading them, my mega millionaire sibling had taken measures to cut me off from them, before they’d died. It has been horrendous for me. Even just to find out that my parents had passed was bad enough, but that the way and how they’d died never would have happened if I’d not been cut out of their lives as I had been, after taking great and particular care of them myself, beforehand.
Short Answer: “Horrendous”? More like “Preposterous”! Mom and Dad die years ago. But until evil sibling got involved, you provided “great and particular care” that would inevitably have prolonged their lives. For years. But you, the “great and particular” caregiver, never wondered why all those Christmas and birthday cards kept getting returned? Are there no telephones? Did they live on Gilligan’s Island? Did you? I have “smell test” issues with this one… A little too self-serving, methinks
Long Answer: On the other hand, it is not unusual to see relatives who isolate and sequester disabled loved ones away from other family members. Sometimes the child acts from the best of generous, honorable motives: offering a refuge of peace for the loved one, away from family feuding, squabbling, and raw emotional outbursts. Sometimes domineering impulses, seasoned with jealousy, and spiced with greed motivate the selfish child to restrict access.
Unless there is objective abuse, usually, working out the currents of control are left to the family. Courts and judges have no interest or expertise in resolving the emotional debris of decades, and in some cases, generations. Judging from the unceasing torrent of self-help books on the subject, it does not seem that anyone else has any “great or particular” success with these heartfelt matters either. We must all do the best we can. “It’s a fool who looks for logic in the chambers of the human heart.” Joel Cohen.
Longer Answer: But this question is not all about “hearts and flowers” is it? Oh no! Our correspondent is particularly concerned that the mega millionaire sibling acted “so to deprive them of their share of benefit”. And by benefit, our correspondent means money. Or property. Or other stuff. So, what about that?
When stuff is at stake, courts do get involved. It is what they do best!
UNDUE INFLUENCE!
“Undue Influence.” is the legal theory. Here is how it works. Four (4) scenarios. Mom has money. Mom also has 2 children, A and B.
Scenario #1 No Undue Influence
1. Mom likes Child A better. And always has.
2. For years, without change, Mom’s will or trust leaves all her stuff to Child A.
3. Mom lives and acts independently.
4. Mom up and dies.
5. Child A gets everything. Child B is sick as mud.
6. Child B can go pound sand.
Scenario #2 Challenger Must Prove There WAS Undue Influence
1. Mom likes Child A better. And always has.
2. Recently, Mom, changed her will or trust to leave all her stuff to Child A.
3. Mom lives and acts independently.
4. Mom up and dies.
5. Child A gets everything. Child B is sick as mud. Child B sues.
6. Child B must prove that Child A unduly influenced Mom. An almost impossible task.
7. Child B can go pound sand.
Scenario #3 Defender Must Prove There WAS NOT Undue Influence – Formal Fiduciary
1. Mom likes Child A better. And always has.
2. Mom appoints Child A as her Trustee and Agent. In writing.
3. Mom changes her will or trust to leave all her stuff to Child A.
4. Mom up and dies.
5. Child A gets everything. Child B is sick as mud. Child B sues.
6. Now it is Child A who must prove that Child A DID NOT unduly influence Mom. An almost impossible task.
7. Child B gets a half-share. Child A can go pound sand.
Scenario #4 Defender Must Prove There WAS NOT Undue Influence – Informal Fiduciary
1. Mom likes Child A better. And always has.
2. Mom moves in with Child A. Child A helps with all Mom’s decisions. Child A prevents others from visiting Mom. Mom is totally dependent on Child A.
3. Child A is not Mom’s Trustee and Agent.
4. Mom changes her will or trust to leave all her stuff to Child A.
5. Mom up and dies.
6. Child A gets everything. Child B is sick as mud. Child B sues.
7. Now it is Child A who must prove that Child A DID NOT unduly influence Mom. An almost impossible task.
8. Child B gets a half-share. Child A can go pound sand.
Key Take-aways With Undue Influence: If you must prove it, you lose it. Also, if the beloved parent has appointed you formally, in writing, as their trusted agent/advisor/trustee, then you must prove you did nothing to “unduly influence” the beloved parent. The same rule applies, even if there is nothing in writing, if the beloved parent is dependent on you.
So, if you are caring for mom, dad, auntie, grampa, and providing for all their needs, or they “honored” you with the responsibility of trustee or agent, you MUST establish, by affidavit, deposition, or otherwise, that the beloved relative was acting independently. If you do not, you will lose.
KID’S NAME ON DEED IS NO-GOOD, AWFUL, VERY BAD
QUESTION: WHAT IS THE BEST WAY TO PUT AN ADULT CHILDS NAME ON CONDO OWNERSHIP WITH ELERLY PARENT.
Mom is elderly.. She is of sound mind and has mentioned to me that she would like to get my name on her condo.. what does that entail?
Is that what joint tenancy is? What will alleviate issues upon death – in other words avoid probate…. My guess is she needs to hire an attorney. What paperwork should I have her gather together.
Short Answer: “Best Way”? How about “No Way”!
Long Answer: Folks like to put their kids’ names on deeds, stock certificates, bank accounts, investments, and anything else they can think of. There is simply no good reason to put your kid’s name on this stuff. If you only want to avoid probate (dumb!), use a revocable living trust. If you want to avoid probate and nursing home poverty, and have time, use a LifePlanning™ Trust. If you don’t have time, use a trust plus a transfer-on-death deed (in Michigan and a few other states).
The Thing: Here’s the thing, most “estate planning” attorneys cheerfully admit that they have no clue as to what is going on with long-term care. Most so-called “elder law” attorneys should admit the same thing. It is tough to discern good advice when it comes to planning for long-term care. That means you have a tough job, but it is doable.
Ask the following questions:
1. How many Medicaid divestment trusts have you drafted for clients?
2. What happens after I sign the documents?
a. Do you have a mandatory process to get my stuff into the trusts?
b. Do I get my original trust documents?
c. How do you verify that my stuff has been retitled to my trusts?
3. How many Medicaid programs are available for long-term care?
4. Can I get help with skilled care at home? How much will that cost?
5. How many Medicaid applications have you personally prepared and filed for clients?
6. What is the PACE program?
7. What is Medicaid waiver?
8. What is the Initial Asset Assessment? When does it happen?
There are lots more questions to ask, but by this time, most attorneys will be shaming you for wanting to preserve your lifesavings. They think it is ridiculous that you should get some pay back on the tax dollars you paid in. They think you should go broke. They think your spouse or family should be happy with crumbs. Do you think they are on your side? Let’s not be too harsh… maybe they just don’t know any better. It’s more than possible, it’s likely.
NO GOOD DEED GOES UNPUNISHED
My older friend wanted me to come stay with him to due to personal and cancer reasons. he asked my ladyfriend to become his caretaker and he would cover her living expenses. She ended up paying for everything food etc….. he even spent checks he was suposed to give her…. He passed away almost a year and a half of her caring for him like an angel being maid nurse cook, but she wants to know how long she has to pack up.
Short Answer: As long as you can drag out the eviction process.
Long Answer: You and your lady friend the angel have nothing in writing from your deceased “older friend”. Probate law will not allow you to make any claim for payment or even reimbursement for the “food ect”. Plus your friend embezzled the checks the angel was supposed to receive!! That all stinks. But in this world of ours, the reward for generosity is often resentment and selfishness. Look around. You know I’m right.
Longer Answer: They cannot make you leave the house without going through the formal eviction process. In some places, COVID rules may still prohibit evictions. It’s worth finding out. Legally, you are a holdover tenant or tenant at sufferance. The new owners of the house cannot simply put you on the street. They must give you 30 days’ notice, Termination of Tenancy. You can leave at that point or make them go to court for an Order of Eviction, after a Summary Proceeding.
Why not make them go through the whole darn process? Unless they agree to reimburse you for the grocery money. And a few bucks on top?
Moral of the Story: You are not a bad person for wanting to get a written agreement to pay you money in exchange for services. You are a smart person, with a good heart, who does not want to be played for a chump. So get it in writing!
Medicaid Observation: The payments you get under the agreement will not be acceptable to Medicaid and will be treated as gifts with penalties to the “older friend.” So what? If the friend needs you to give the money back, do so (if you are able). Then do a promissory note with interest so that eventually you will get every nickel to which you are entitled. And not a penny more.
Lawyer Sales Pitch: Don’t try to do this yourself. You have to pay for the privilege of working diligently for 18 months and when it is all said and done, you will get evicted. Is it possible that all this could have been avoided? Maybe with a little legal counsel? Maybe?
I’m As Mad As Hell And I’m Not Going To Take This Anymore!
— Howard Beale, Network, 1976
How Did It All Go So Wrong, So Quickly?
We’re Not Gonna Take It, No, We Ain’t Gonna Take It, We’re Not Gonna Take It Anymore!
— Dee Snider, Twisted Sister, 1984
Traditional estate planning is concerned with avoiding probate, saving taxes, and dumping your leftover stuff on your beneficiaries. After you die. Nobody cares what happens to you while you are alive. How does that help anyone? Stupid.
Traditional estate planning fails because the overwhelming majority of us will need long-term skilled care. 70% of us. For an average of 3 years. And we will go broke paying for it.
Is it surprising that thousands of recreation properties: cottages, cabins, hunting land, are lost to pay for long- term care? Why is your estate planner hurting you and your family? It is evil intent? Or stupidity?
LifePlanning™ defeats Nursing Home Poverty. Keep your stuff. Get the care you have already paid for. Good for you. Good for your family. Good example for society,
When my mother suffered from the dementia which led to her death, over 10 years ago, their estate plan preserved their lifesavings. Mom’s months in the nursing home did not mean Dad’s impoverishment. Dad spent the last years with security and peace of mind.
Is Now A Bad Time For A Real Solution?
Perhaps you think you already have an answer to this problem. Maybe you do not see this as a problem at all. It is possible that you do not believe in the passage of time or its effects on you.
Peace of mind and financial security are waiting for everyone who practices LifePlanning™. You know that peace only begins with financial security. Are legal documents the most important? Is avoiding probate the best you can do for yourself or your loved ones? Is family about inheritance? Or are these things only significant to support the foundation of your family?
Do you think finding the best care is easy? Do you want to get lost in the overwhelming flood of claims and promises? Or would you like straight answers?
Well, here you are. Now you know. No excuses. Get the information, insight, inspiration. It is your turn. Ignore the message? Invite poverty? Or get the freely offered information. To make wise decisions. For you. For your loved ones.
The LifePlan™ Workshop has been the first step on the path to security and peace for thousands of families. Why not your family?
NO POVERTY. NO CHARITY. NO WASTE.
It is not chance. It is choice. Your choice.
Get Information Now. (800) 317-2812
What Is That Sizzling Sound?
Traditional estate planning is concerned with avoiding probate, saving taxes, and dumping your leftover stuff on your beneficiaries. After you die. Nobody cares what happens to you while you are alive. How does that help anyone? Stupid.
Traditional estate planning fails because the overwhelming majority of us will need long- term skilled care. 70% of us. For an average of 3 years. And we will go broke paying for it.
Is it surprising that thousands of recreation properties: cottages, cabins, hunting land, are lost to pay for long-term care? Why is your estate planner hurting you and your family? It is evil intent? Or stupidity?
LifePlanning™ defeats Nursing Home Poverty. Keep your stuff. Get the care you have already paid for. Good for you. Good for your family. Good example for society.
When my mother suffered from the dementia which led to her death, over 10 years ago, their estate plan preserved their lifesavings. Mom’s months in the nursing home did not mean Dad’s impoverishment. Dad spent the last years with security and peace of mind.
Is Now A Bad Time For A Real Solution? Perhaps you think you already have an answer to this problem. Maybe you do not see this as a problem at all. It is possible that you do not believe in the passage of time or its effects on you.
Peace of mind and financial security are waiting for everyone who practices LifePlanning™. You know that peace only begins with financial security. Are legal documents the most important? Is avoiding probate the best you can do for yourself or your loved ones? Is family about inheritance? Or are these things only significant to support the foundation of your family?
Do you think finding the best care is easy? Do you want to get lost in the overwhelming flood of claims and promises? Or would you like straight answers?
Well, here you are. Now you know. No excuses. Get the information, insight,
inspiration. It is your turn. Ignore the message? Invite poverty? Or get the freely offered information. To make wise decisions. For you. For your loved ones.
The LifePlan™ Workshop has been the first step on the path to security and peace for thousands of families. Why not your family?
NO POVERTY. NO CHARITY. NO WASTE.
It is not chance. It is choice. Your choice.
Get Information Now. (800) 317-2812
Traditional Trust Planning Is Profoundly Mistaken
Traditional estate planning supposedly avoids probate, saves taxes, and safely, efficiently delivers your remaining property and money to your heirs or beneficiaries after you have passed on. Traditional estate planning is not concerned with you while living, only after death. Nobody cares what happens to you while you are alive. How does that help you?
Traditional estate planning fails because the overwhelming majority of us will need long-term skilled care. 70% of us. For an average of 3 years. And we will go broke paying for it.
Are you surprised that thousands of recreation properties: cottages, cabins, hunting land, are lost to pay for long-term care? Why is your estate planner surprised? Isn’t that their job? Or is your estate planner in denial?
You can defeat Nursing Home Poverty. LifePlanning™ empowers you. Keep your stuff. Get the care you have already paid for. Good for you. Good for your family. Good example for society.
When my mother suffered from the dementia which led to her death, over 10 years ago, their estate plan preserved their lifesavings. Mom’s months in the nursing home did not mean Dad’s impoverishment. Dad spent the last years with security and peace of mind.
Is Now A Bad Time For A Real Solution?
Perhaps you think you already have an answer to this problem. Maybe you do not see this as a problem at all. It is possible that you do not believe in the passage of time or its effects on you.
Peace of mind and financial security are waiting for everyone who practices LifePlanning™. You know that peace only begins with financial security. Are legal documents the most important? Is avoiding probate the best you can do for yourself or your loved ones? Is family about inheritance? Or are these things only significant to support the foundation of your family?
Do you think finding the best care is easy? Do you want to get lost in the overwhelming flood of claims and promises? Or would you like straight answers?
Well, here you are. Now you know. No excuses. Get the information, insight, inspiration. It is your turn. Ignore the message? Invite poverty? Or get the freely offered information. To make wise decisions. For you. For your loved ones.
The LifePlan™ Workshop has been the first step on the path to security and peace for thousands of families. Why not your family?
NO POVERTY. NO CHARITY. NO WASTE.
It is not chance. It is choice. Your choice.
Get Information Now. (800) 317-2812
Even A Blind Squirrel Finds A Few Nuts…
Justice For Camp Lejeune Marines, Staff, Trainees
Congress Does Something Right For A Change!
It is the late 1950s. World War II has turned into the Cold War. America decided that there are worse things than maintaining military readiness in peacetime. A national commitment to Peace Through Strength. And in North Carolina, the U.S. Marine Corps operates Base Camp Lejeune. USMC Base Camp Lejeune has a long and storied history.
USMC Base Camp Lejeune also had a dry-cleaning and laundry facility. Over the course of decades, dry cleaning chemicals were simply flushed down the drain. Into the groundwater. Into the wells that provided drinking water for the Marines, their
families, the folks who worked at the Camp, the student marines and soldiers who rotated through the Camp for training.
Not surprisingly, folks began to get sick. From a laundry list of potential diseases, relating back to the Volatile Organic Compounds in the dry cleaning chemicals.
You may be surprised, however, to learn that the Congress has chosen to do something to fix it. Ten years ago, the Veterans Administration began offering medical care to surviving Camp Lejeune veterans for certain conditions. But Marines, soldiers, and sailors could not get compensation for their injuries or suffering. Now they can. The recent Camp Lejeune Justice Act provides significant monetary compensation.
Contaminated drinking water flowed from Camp Lejeune from 1953 through 1987. Primary victims are mostly older now. Time has run out for many, but not for you.
You seen the TV ads. Heard them on the radio. Read the newspaper and magazine ads. Maybe you wondered whether it was real. Maybe you wanted the full story.
So many injured veterans called, that we had to investigate and respond. Would you like to know more?
Call me. (800) 317-2812
We Also Scream To Avoid Planning
Don’t worry, be happy
Ain’t got no cash, ain’t got no style
Ain’t got no gal to make you smile
Don’t worry, be happy
‘Cause when you worry your face will frown
And that will bring everybody down
So don’t worry, be happy
“Don’t Worry, Be Happy”—Bobby McFerrin
Did Your Parents Raise A Sluggish Sloth Or A Competent Character?
When you get home at night, do you leave the lights off? Does the thrill of bumping into things, falling down the stairs, and stepping on awkward items appeal to your adventurous spirit? Do you favor a life of anxiety? Do you look forward to high blood pressure, poor digestion, experiencing that creepy feeling of dread? Are you opposed to happiness and contentment? Do you embrace chaos and upset? Or do you seek Peace of Mind®?
Would you be surprised to learn that there are two paths to Peace of Mind™? The first path involves effort, work, dedication, stick-to-it-iveness, dauntless spirit, reasonable focus on accomplishment. Path #1 is where you find volunteer firemen, blood donors, the folks you can count on.
More popular is Path #2. The second path requires ignoring your own obvious needs and the needs of those around you. Ignorance is Bliss! Stick your head in the sand. If you cannot see it, it cannot hurt you. Gee, I wonder if the crowds at those new marijuana dispensaries are on Path #1 or Path #2…
Unfortunately, you were brought up by folks who chose the first path. Work, love, dedication, achievement. All those uncomfortable things that get in the way of TV binge watching. Consuming YouTube cat videos. Absorbing bargains galore on the home shopping networks. Golly, your folks made it very difficult for you to live the sweet couch potato life.
How can you get beyond your inbred desire to deliver? Vanquish your drive to survive? Squash your sense of responsibility? Unraveling habits of a lifetime can be difficult, but, as they say, it’s not the size of the dog in the fight, but whether you can have your cake and eat it too!
Olympic athletes train for years to hone their skills to a razor edge of perfection. You have worked for years to reach your goals, raise your family, do a great job at work, and be a valued member of your church, community, team, euchre tournament. You are an Olympian of the American Dream. A Medal of middle-class Gold hangs from your neck. Your world celebrates!
But now the looming spectre of estate planning looms like a hideous hobgoblin. You feel an inner urge to get this done…see it through. Will power is not enough. Fanatical focus will fail. How can you run away from the dreadful demons of trusts, wills, and powers of attorney? Is resistance futile? Is an Estate Plan inevitable? How can you escape?
Super easy! Barely an inconvenience. With the following professional excuses, you can put off facing the facts almost indefinitely. You are welcome!
Warm Up To Provide Peak Performance
“Everyone Has The Will To Win But Very Few Have The Will To Prepare To Win.”
—Vince Lombardi
Olympians and professional football players getting ready for the “big game” share a secret. All elite athletes know that mental and physical preparation is key. Can you escape your future-planning responsibilities without focused training? Of course not!
Follow the protocol. Stand in front of a full-length mirror. Hands on hips. Throw your head back. Suck your gut in. Stick your chest out. Draw and deep breath, then…
Loudly And Firmly Proclaim These Statements Three (3) Times:
- Only Nerds Want To Retire Comfortably
- Financial Security Is Bad. And Impossible
- I Want To Die Broke, Splurging My Last Nickels
- On Long-Term Care
- I Look Forward To Nursing Home Poverty
- My Spouse Can Look Out For Herself. Or Himself.
- My Kids Don’t Need Money And Would Waste Any Inheritance Anyway
Excellent! And now for a cleansing breath… Your body tingles. Your mind expands. You have looked forward all week to this installment. The moment of truth has arrived. Excellent
Excuses. Decisive Defenses. And now, Effective Evasions to frustrate and deflect any attempt at making you look ahead.
LifePlanning™ Is Unnecessary And A Total Waste Of Time & Money Because:
Firetrucks have sirens because loud noises are great! Whoever is yelling must be winning…
So let’s get loud. As follows:
Number One: Raise your voice and strongly state: “LifePlanning™ is Stupid, Superfluous, and a…”
Number Two: Quickly follow with one of these Negative Nuggets:
#10 … Waste Of Time Because It Is Overkill!
All I want is a simple will! All these fancy schmancy papers would be great for Thurston Howell the 3rd or maybe multimillionaire Bruce Wayne. You have to understand, we are working folks who managed to save a little. Paid off the house. Contributed to the 401(k). And here you are dumping all this confusing paperwork on us. Sure, I like to go deer hunting, never miss it. But you’re trying to get me on an African safari shooting elephants! Fishing for bluegill, perch, bass, and the occasional muskie is the best. But you want me to chase down the great white whale Moby Dick. Sorry! It is all just too much. Simple is best. Mom and Dad had a will. Gramma and Grampa had a will. And that’s fine by me!
Totally agree! Simple is best. That’s why you simply put blocks of ice in the icebox to keep your perishables from perishing. Newfangled refrigerators, who needs ‘em? Simple is best. That’s why you have always refused to have flush toilets in your house… ever hear of an outhouse that backed up? Ever need a plunger in a privy? Of course not. Who needs all that confusion? Besides, it is good for the kids to pump the handle when they want water… and we even brought the handpump into the kitchen… in my day it was out in the yard.
Yes, simple is best. Mr. Ford made the Model T in every color anyone could desire: black. Who needs windows on the sides, anyway? Some poor deluded folks actually have windows that go up and down. And cars that blow warm air around in the winter. And cool air in the summertime. Gosh that is just too much! Simple is best. Next thing you know, you’ll want special belts or something to protect passengers in a crash. Or balloons that pop out of nowhere so you don’t go through the windshield. That stuff is not for you! Simple is best.
Folks next door got this talking picture box. Like the movies, but at home. Almost as big as the movies. Just awful how confusing it is. Simple is best. Our 1935 Zenith Stratosphere 1000Z radio receiving set burnt out its tubes a few years ago. But it still looks good and besides, I couldn’t find Little Orphan Annie on the dial anymore. Simple is best.
And do not get started on modern medicine! With their highfalutin’ cardiac bypasses, pacemakers, cataract eye operations and penicillin. Humph. Lydia E. Pinkham’s Vegetable Compound was good enough for Granny and it’s good enough for me. Simple is best.
So let your friends buy cars with wind-up windows, air conditioning, air bags, crumple zones and upholstery that survives little kids. You don’t need a garbage disposal. Or indoor plumbing. Or an electrical refrigerator that makes ice cubes. Cell phones, cable boxes, streaming TV services, big screen TVs, flat screen TVs, gas stoves, microwave ovens, running water. So complex! You are very simple.
Are you against airbags in your car if it means your spouse doesn’t fly through the windshield? Are you against LifePlanning™ if it means your spouse is not left in nursing home poverty? Does it matter if you are the one going through the windshield? Left in poverty?
Are you opposed to indoor plumbing and central heat? Are you opposed to doing what must be done to get benefits that you value?
Albert Einstein was a very smart fellow. And he did not like things that were too confusing or complicated. And this is what he said:
Everything should be made as simple as possible, but not simpler.
Simple is good. But is it still good if you lose your savings, house, cottage, independence?
#11 … Waste Of Time Because I Will Spend It All Anyway!
Do you know anyone who goes to the payday lender? Anyone who heads to the casino as soon as their Social Security money shows up? How many people do you know that, as soon as they pay off one installment contract, run right out and get into another one? Can you imagine buying groceries on a credit card? Can you imagine buying groceries on a credit card when you don’t pay off the balance each month? Can you imagine paying 26.5% interest on last night’s dinner?
Did you hate paying off the mortgage? Do you wonder how some people don’t seem to care how much money they owe? Some of your co-workers used to complain about how they always had more “month than money”. Did you ever think, “Hey knucklehead, maybe if you weren’t always buying the latest and greatest doo-dad, gee-gaw, or watchamacallit, you’d have more money than month.”? Did you ever think anything like that?
Since everyone always has saved enough money to pay for long-term care, there is no need for any government long-term care program. So Medicaid is bad and wrong. It is just like Social Security. Everyone always has saved enough money to pay for their retirement. There’s is no need for any government retirement income program.
But wait! Social Security is different! You paid in. With every paycheck, the government skimmed off 15+% FICA (employer and employee) to pay for Social Security. So getting some return on your Social Security taxes is OK!
Help me out here… Is Medicaid different? Did you ever get a paycheck where you didn’t pay federal and state income taxes on every nickel you earned? Does the government run Medicaid for free? Did you somehow skip out on paying for Medicaid? With every paycheck. And Social Security check too?
Why are you opposed to getting something back for all the dollars you paid in? It is OK to get Social Security because you paid taxes for it. But it is bad to get long-term care Medicaid because you paid taxes for it?
There are lots and lots of Medicaid programs – dozens of them. Most Medicaid programs provide for our fellow Americans who have very little. But there is a slice of Medicaid, middle-class Medicaid, that pays for long-term care. For all Americans. Even you.
For most Medicaid programs, you have to be broke. Middleclass Medicaid lets you keep your house, up to $700,000. And your stuff, no limit on value. And your “motorized vehicle”, also no limit.
So, Medicaid is bad and you hate it. You hate it so much that you will spend all your money. Then, sell the house and all your stuff, spend all that too. And then wind up on Medicaid anyway. Sounds like a plan to me! Good luck with that.
#12 … Waste Of Time Because Medicaid Won’t Work When I Need It!
Medicaid nursing homes, long-term care facilities, skilled nursing facilities, assisted living facilities, and anyone else who provides Medicaid care are just the worst! If a facility accepts Medicaid, the place smells bad, the staff is rude, the management is poor, and the care is awful. God forbid that you or a loved one is ever condemned to a Medicaid facility or is forced to receive Medicaid services. Great excuse!
Gee, I wonder what percentage of skilled nursing facilities accept Medicaid? 10%? 30% 50%?
Actually every skilled nursing facility accepts Medicaid. All of them. 100%. Do you have enough money to pay $10,000 – $15,000 per month for skilled care? For an average of 3 years. With a good chance of 5 years? Is it ridiculous to think that nursing homes would like to get paid when you go broke? Are you opposed to caregivers getting paid? Do nursing homes get everything for free?
Not so fast! Everybody knows that there are very few “Medicaid beds”. You know, the ones that they seal with plastic. So the bedbugs cannot escape. Just a few Medicaid beds.
Funny thing, though. About 70-80% of long-term, skilled nursing facility residents are paid for by Medicaid. How did that happen? Maybe because all beds are Medicare-certified. And all Medicare beds can be paid with Medicaid dollars.
#13 … Waste Of Time Because Every Other Attorney Must Be Doing This!
Medicaid is for poor people (meaning people without any money or stuff). And you have money and stuff, so Medicaid is not for you! Logical! Makes sense!
Question: How long will you have any money or stuff if you are paying $10-15,000 per month for long-term care?
Are you opposed to not going broke? Is it ridiculous to think that you (or your loved one) might get better care if your lifesavings had not melted away like a snowflake on a hot griddle? Are you against paying for the extra services you want?
You get a shower a week in a long-term care facility. How often do you shower now? Are you against paying some of your hard-earned savings to get a shower more frequently?
If your long-term care “insurance” (also known as Medicaid) paid for the $10-15,000 cost of basic services, and, if your lifesavings were intact, would you choose to spend some of those savings to make your days more pleasant? Do you want to be poor? Is poverty more noble? Is it honorable to spend down a lifetime of work in a matter of months? Does it make sense to believe that the government knows best? Is it foolish to plan for your future?
#14 … Waste Of Time Because If This Worked, Every Other Attorney Would Be Doing This!
Yesterday I was looking in the mirror. I felt depressed. I said to my bride of 15 years, “Honey, when I look in the mirror I see an old, fat, bald guy, and it depresses me. Honey,” I said, “I need your help.”
“Oh?” said the love of my life, “How may I be of service?” “Honey,” I replied, “I need a compliment. Looking at this fat, old, bald guy in the mirror here is bringing me down. I really feel the need for some compassion, a compliment would sure make me feel better!”
“Well,” said my soulmate, “Your eyesight is damn near perfect!”
Since I have been wearing glasses since the 8th grade, my wife’s compliment was exactly what the doctor ordered. I felt better immediately. So, when I ask you, “Is it ridiculous to think that you are not getting older, you are getting better?” Remember this little love tale of mine. And draw your own conclusions.
And the hits just keep on coming! More great excuses are on their way!
Here’s a sneak preview of the next fabulous five excuses to avoid planning:
#10 … Waste Of Time Because It Is Overkill!
#11 … Waste Of Time Because I Will Spend It All Anyway.!
#12 … Waste Of Time Because Medicaid Won’t Work When I Need It!
#13 … Waste Of Time Because Every Other Attorney Must Be Doing This!
#14 … Waste Of Time Because If This Worked, Every Other Attorney Would Be Doing This!
Is Now A Bad Time For A Real Solution?
Perhaps you already have all the answers. Maybe this is no problem at all. Possibly you do not believe in the passage of time.
Your habits and values have earned you peace of mind and financial security. LifePlanning™ is the easy part. You worked for the peace that only comes with financial security. What is most important, legal documents? Avoiding probate, is that the best you can do? Is family about inheritance? Or are the deeper things most significant?
Is any of this easy? Do you want to get lost in the overwhelming flood of claims and promises? Or would you like straight answers?
Well, here you are. Now you know. No excuses. Get the information, insight, inspiration. It is your turn. Ignore the message? Invite poverty? Or get the freely offered information. To make wise decisions. For you. For your loved ones.
The LifePlan™ Workshop has been the first step on the path to security and peace for thousands of families. Why not your family?
NO POVERTY. NO CHARITY. NO WASTE.
It is not chance. It is choice. Your choice.
Get Information Now.
(800) 317-2812
You Scream, I Scream, We All Scream For Ice Cream!
We Also Scream To Avoid Planning
“We have forty million reasons for failure, but not a single excuse.”
—Rudyard Kipling
“It is better to offer no excuse than a bad one.”
—George Washington
Are You A Failure At Making Excuses?
Poor Rudyard Kipling. He is like you. Forty million reasons, but not a single excuse? Perhaps he lacked skill. Or talent. Not even a single excuse in a gigantic 40 million straw haystack of reasons? And you are in the same boat. Have you ever come up with an excuse that satisfied your spouse? Me neither.
George Washington, Founding Father, spoke with the voice of experience: “Better to offer no excuse than a bad one.” How could it be that George Washington, “First in war, first in peace, and first in the hearts of his countrymen.” failed so miserably at making excuses? And fail at excuses he did… How else could he learn that bad excuses are the worst? And when George failed to excuse failure, what did he do? Founder the United States. Revolutionary. Beat the British. Farmer. Inventor. Statesman. Stuff like that.
You have 40 million reasons to avoid LifePlanning™. But when your dearly beloved suggests planning ahead, your 40 million reasons to do something else strangely evaporate. Like mist in the morning sun. Dense fog one minute, clear day the next. What is this phenomenon? The answer is obvious!
It is not reasons that you lack, but excuses. And we are here to help. As a public service. No charge. Expert excuses, here for the reading. High quality, too. When it comes to shirking important responsibilities, ordinary, everyday dodges will not suffice. You need professional help.
Tip-Top Training And Practical Preparation In The Art Of Avoidance
Otter: No, I think we have to go all out. I think that this situation absolutely requires a really futile and stupid gesture be done on somebody’s part.
Bluto: And we’re just the guys to do it.
—Animal House, 1978
Four years at the University of Notre Dame, majoring in Philosophy and English. Juris Doctor from the Boston University School of Law.
Master of Laws, Taxation from Georgetown University Law Center. Judicial clerk. Five years in the Army Judge Advocate General’s Corps, mostly on the Army General Staff, at the Pentagon. Topped off by a couple years with BigLaw. Then 32 years of growth: from one guy answering the telephone all alone to a firm of 50 persnickity professionals. Need know-how? Get know-how. Now.
We don’t just solve problems, we observe how folks run away from problems, too! Flee from foul facts. Dismiss, diminish, deride loved ones’ concerns. Deny, discount, deflect their own painful predicaments. Years of daily experience with responsible, middle-class, hard-working men and women who would prefer to chew their arm off than submit to the terrible torture that is estate planning.
Who else has seen it all? Who else can help you escape? You are in good hands. You came to the right shop. It is not an easy job. And we’re just the guys to do it.
Loudly And Firmly Proclaim These Affirmations Three (3) Times:
- Only Nerds Want To Retire Comfortably Financial Security Is Bad. And Impossible
- I Want To Die Broke, Splurging My Last Nickels On Long-Term Care
- I Look Forward To Nursing Home Poverty My Spouse Can Look Out For Herself. Or Himself.
- My Kids Don’t Need Money And Would Waste Any Inheritance Anyway
Take a deep breath. Excellent! You have achieved the correct state of mind. Remember, last week we covered the first four Excellent Excuses. Let us get down to this week’s Decisive Defenses to avoid any attempt at making you look ahead.
LifePlanning™ Is Unnecessary And A Total Waste Of Time & Money Because
Don’t loudmouths always impress you? So always lead off with an audacious affirmation!
Number One: Raise your voice and daringly declare: “LifePlanning™ is Stupid, Superfluous, and a…”
Number Two: Quickly follow with one of these Negative Nuggets:
#5 … Waste Of Time Because I Only Have A House And An IRA!
Are you opposed to draining your Individual Retirement Account (or 401(k) or 403(b) or Thrift Savings Plan or other retirement account) for long-term care? Of course not! Money in a retirement plan account is just a number, it does not reflect years of working and saving, right? Besides, what would you do with that money anyway? Might as well shoot it out the door at $10,000 to $15,000 per month. And you might get lucky. Maybe you only need assisted living services that cost $5,000 to $10,000 per month. Happy Days! And home care services are only $25 per hour and up. Foolish to worry about preserving that retirement money for your spouse when the government knows so much better than you do about how to spend it.
And everybody says that the homestead is “PROTECTED” so nothing to worry about there! Of course, even without planning, the house will go through probate to your family. And when everybody was explaining how the house was “PROTECTED”, everybody also told you that if you need help (Medicaid) with long-term care, the state wants its money back. And when you go through probate, because you are too smart to waste money on planning, the state will collect its payback. From your house. Which maybe isn’t so “protected”, after all…
Of course your kids would never sell your house while you need care, right? That’s why you do not even have to think about having cash instead of a house anymore. Cash that must be “spent down.” That is not a problem because you can keep $2,000 of it. More Happy Days!
So don’t worry! There is no way you would be one of the 70% of folks who the federal government says will need skilled nursing long- term care services for an average of 3 years or one of the 20% who will need services for 5 years or more. And neither would your spouse. So you should not be concerned about $360,000 to $900,000 of skilled care costs. Never happen.
#6 … Waste Of Time Because I Hate Medicaid
Since everyone always has saved enough money to pay for long-term care, there is no need for any government long-term care program. So Medicaid is bad and wrong. It is just like Social Security.
Everyone always has saved enough money to pay for their retirement. There’s is no need for any government retirement income program.
But wait! Social Security is different! You paid in. With every paycheck, the government skimmed off 15.3% FICA (employer and employee) to pay for Social Security. So getting some return on your payroll taxes is OK!
Help me out here… Is Medicaid different? Did you ever get a paycheck where you didn’t pay federal and state income taxes on every nickel you earned? Does the government run Medicaid for free? Did you somehow skip out on paying for Medicaid? With every paycheck. And Social Security check too?
Why are you opposed to getting something back for all the dollars you paid in? It is OK to get Social Security because you paid taxes for it. But it is bad to get long-term care Medicaid because you paid taxes for it?
There are lots and lots of Medicaid programs – dozens of them. Most Medicaid programs provide for our fellow Americans who have very little.
But there is a slice of Medicaid, middle-class Medicaid, that pays for long-term care. For all Americans. Even you.
For most Medicaid programs, you have to be broke. Middle-class Medicaid lets you keep your house, up to $700,000. And your stuff, no limit on value. And your “motorized vehicle”, also no limit.
So, Medicaid is bad and you hate it. You hate it so much that you will spend all your money. Then, sell the house and all your stuff, spend all that too. And then wind up on Medicaid anyway. Sounds like a plan to me! Good luck with that.
#7 … Waste Of Time Because Medicaid Nursing Homes Are Lousy Nursing Homes!
Medicaid nursing homes, long term care facilities, skilled nursing facilities, assisted living facilities, and anyone else who provides Medicaid care are just the worst! If a facility accepts Medicaid, the place smells bad, the staff is rude, the management is poor, and the care is awful. God forbid that you or a loved one is ever condemned to a Medicaid facility or is forced to receive Medicaid services. Great excuse!
Gee, I wonder what percentage of skilled nursing facilities accept Medicaid? 10%? 30%? 50%?
Actually every skilled nursing facility accepts Medicaid. All of them. 100%. Do you have enough money to pay $10,000 – $15,000 per month for skilled care? For an average of 3 years. With a good chance of 5 years? Is it ridiculous to think that nursing homes would like to get paid when you go broke? Are you opposed to caregivers getting paid? Do nursing homes get everything for free?
Not so fast! Everybody knows that there are very few “Medicaid beds”. You know, the ones that they seal with plastic. So the bedbugs cannot escape. Just a few Medicaid beds.
Funny thing, though. About 70-80% of long-term, skilled nursing facility residents are paid for by Medicaid. How did that happen? Maybe because all beds are Medicare-certified. And all Medicare beds can be paid with Medicaid dollars.
#8 … Waste Of Time Because Medicaid Is For Poor People!
Medicaid is for poor people (meaning people without any money or stuff). And you have money and stuff, so Medicaid is not for you! Logical!
Makes sense!
Question: How long will you have any money or stuff if you are paying $10-15,000 per month for long-term care?
Are you opposed to not going broke? Is it ridiculous to think that you (or your loved one) might get better care if your life savings had not melted away like a snowflake on a hot griddle? Are you against paying for the extra services you want?
You get a shower a week in a long-term care facility. How often do you shower now? Are you against paying some of your hard-earned savings to get a shower more frequently?
If your long-term care “insurance” (also known as Medicaid) paid for the $10-15,000 cost of basic services, and, if your lifesavings were intact, would you choose to spend some of those savings to make your days more pleasant? Do you want to be poor? Is poverty more noble? Is it honorable to spend down a lifetime of work in a matter of months? Does it make sense to believe that the government knows best? Is it foolish to plan for your future?
#9 … Waste Of Time Because I Am Not Getting Older, I Am Getting Better!
Yesterday I was looking in the mirror. I felt depressed. I said to my bride of 15 years, “Honey, when I look in the mirror I see an old, fat, bald guy, and it depresses me. “Honey,” I said, “I need your help.”
“Oh?” said the love of my life, “How may I be of service?”
“Honey,” I replied, “I need a compliment. Looking at this fat, old, bald guy in the mirror here is bringing me down. I really feel the need for some compassion, a compliment would sure make me feel better!”
“Well,” said my soulmate, “Your eyesight is damn near perfect!”
Since I have been wearing glasses since the 8th grade, my wife’s compliment was exactly what the doctor ordered. I felt better immediately. So, when I ask you, “Is it ridiculous to think that you are not getting older, you are getting better?” Remember this little love tale of mine. And draw your own conclusions.
And the hits just keep on coming! More great excuses are on their way!
Here’s A Sneak Preview Of The Next Fabulous Five Excuses To Avoid Planning:
#10 … Waste Of Time Because It Is Overkill!
#11 … Waste Of Time Because I Will Spend It All Anyway!
#12 … Waste Of Time Because Medicaid Won’t Work When I Need It!
#13 … Waste Of Time Because Every Other Attorney Must Be Doing This!
#14 … Waste Of Time Because If This Worked, Every Other Attorney Would Be Doing This!
Is Now A Bad Time For A Real Solution?
Perhaps you already have all the answers. Maybe this is no problem at all. Possibly you do not believe in the passage of time.
Your habits and values have earned you peace of mind and financial security. LifePlanning™ is the easy part. You worked for the peace that only comes with financial security. What is most important, legal documents? Avoiding probate, is that the best you can do? Is family about inheritance? Or are the deeper things most significant?
Is any of this easy? Do you want to get lost in the overwhelming flood of claims and promises? Or would you like straight answers?
Well, here you are. Now you know. No excuses. Get the information, insight, inspiration. It is your turn. Ignore the message? Invite poverty? Or get the freely offered information. To make wise decisions. For you. For your loved ones.
The LifePlan™ Workshop has been the first step on the path to security and peace for thousands of families. Why not your family?
NO POVERTY. NO CHARITY. NO WASTE.
It is not chance. It is choice. Your choice.
Get Information Now.
(800) 317-2812
Simple Questions… That Nobody Asks Until It Is Too Late.
Things Everybody Takes For Granted… But Shouldn’t
Would You Happily Put Your Kids In The Back Seat Of A Pinto?
Eyewitness: “the car exploded “like a large napalm bomb” when it was hit”
Why does anyone plan their estate? Why did you spend all that time and money for a will or trust? If you are like most people, you plan ahead for peace of mind. Sure, the future is uncertain, but we are not helpless. Estate planning and elder law can ensure that our life’s work will serve us. And our families or loved ones. Too bad most planning does not work that way.
What does everybody know about the Ford Pinto? It was a good-looking car. Economical! Popular in the 70’s. Millions sold. But it had an unfortunate tendency to explode on impact, engulfing its passengers in a gasoline fireball. With disastrous consequences for all concerned. Yikes!
I love my 1956 Chevrolet BelAir. Less than 26000 miles on the odometer. All original, from the canvas “carpet” to the radio with tubes rather than transistors. But the dashboard is painted steel, no padding. Seatbelts? Not in 1956. The steering column is solid metal. That ends in a point. Disturbing tendency to turn the driver into a shish kebab in a head-on collision. Airbags not invented yet. Whoops!
I do like to drive my BelAir… it is not a museum piece. But I drive it carefully. Cautiously. Defensively. With my kid in the backseat.
Today’s cars are loaded with airbags, mirrors, collision avoidance systems, backup cameras, beepers, buzzers, bells and whistles. New cars have airbags all over the place. Some slam on the brakes automatically. The Caddy even tightens your seatbelt before a crash. Nothing to worry about. Whew!
Your Estate Plan Is An Edsel
Most estate planning is like the Edsel. Obsolete from the get-go. Answering the wrong questions. And doing it poorly.
The Wrong Goals: Avoid Probate. Save Taxes. Get It to the Kids. These things all happen after you die. But you are not dead yet. Shouldn’t we be a little concerned with what happens before you die? Maybe taking care of you is the best way to take care of them.
How do you feel, loading your kids into the backseat of a 1975 Pinto? Taking them to school. Driving around town. Going to see grandma. Safe? Secure? Or are your eyes locked on that tiny rearview mirror. Fearfully scanning for danger?
Why Is LifePlanning™ Never Obsolete?
LifePlanning™ is not a Pinto. Or a 50’s Edsel. LifePlanning™ is focused on you. On the real concerns that affect you and your family. Incapacity. Dementia.
These dangers are real. Ignore them if you like. At your peril. That is what the Pinto folks did. With explosive results. You can take an outdated, obsolete approach. With an estate plan that has not evolved since the 1950’s. Resulting in Nursing Home Poverty. No choice for you. No legacy for the kids.
LifePlanning™ maximizes the things that are most important to you. We all have to go sometime, but why rush it? Why not remain alert? Independent? Engaged? Aware? In charge? Why shouldn’t your choices matter? Refuse to let others decide “what to do” with you! Reject dependence.
LifePlanning™ gets you the benefits you have earned, while preserving life savings. Not for the kids, but to supplement those earned benefits. Eight thousand dollars a month ($8,000/ month) for assisted living. Fifteen thousand ($15,000/month) for skilled care. Who can afford it? Medicaid is the way America pays for long-term care. Medicaid wants you broke. Medicaid is the government solution.
LifePlanning™ says OK! You earned the government solution. But since when was the government solution adequate? Why did you work? Take overtime? Save and invest? You do not have to settle. You can make your lifesavings work for you while receiving the benefits you earned.
Is A “Pinto” Plan “Good Enough” For Your Spouse And Family? For You? Why Don’t You Deserve “Cadillac” Planning? Is The “Cadillac” Plan Too Good For Your Spouse? Your Family? Why?
Thousands of middle-class families have used LifePlanning™ to get the peace of mind that comes from loading your family into the safest, most comfortable vehicle possible. Without thorough planning you will spend yourself into Nursing Home Poverty. You get what they feel like giving.
Not what you have earned. Not what you want. Not what you deserve. With a whimper, not a bang. Quieter than a flaming fireball of dramatic death, but just as devastating. To you. To your family. Are you really opposed to getting a small return on all the tax dollars you paid in?
Without LifePlanning™ , you are driving a Pinto. Do not have good answers to the questions. No one has your back. Maybe things will work out. Maybe you will get home today. Maybe. Why not be sure? Do you think security is a bad thing?
LifePlanning™ preserves your lifesavings. You never go broke. Your earnings serve you throughout your lifetime. And that means…
You stay home. Longer. You get the help you need, that your spouse needs. Clear-eyed. Relevant. Participating in your own care.
The Choice Is Yours. Does Quality Of Life Matter To You?
We Wasted 2021. See It Through in ‘22!
Last year, the number of regular folks planning their futures dropped. Significantly. Fewer people focused on planning ahead, LifePlanning™. I fear 2021 was a year of wasted opportunity for regular families. Devastating.
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 to personal control. Now and as long as you wish. Because you earned it. Avoid Nursing Home Poverty. Thousands of middle-class families have learned and use these techniques. Why not yours?