Tag Archive for: lawyer

But It Avoids Probate! It’ll Be Fine! Nothing Bad Ever Happens!

Are we entitled to stocks from Uncle who removed Father as POD from Grandmothers account by mail when Grandma had dementia?

Grandma had severe dementia. Our Dad passed away and both him and my Uncle were POD beneficiary on her stock account.

Our Uncle requested a new account be opened removing our Dad as POD by mail. Grandma was not in her right mind and did not know what she signed. Uncle controlled all her finances. Paying her bill etc. He had undue influence over her. He wrote checks to his son in large amounts before she passed. He told us he would transfer our Fathers portion of stocks to us but then changed his mind and told broker not to do it. He now claims they are all his and we don’t get our Fathers portion. Grandma had a will that my Uncle now claims is missing so she died intestate. Bank statements tell the story of money he has taken before and after her passing. Grandma always told us and said it in her will everything was to be split between everyone. A neutral administrator is going to be appointed but the stock account has not been included in probate. How do we get our fathers portion of stocks. There is only my sister, Uncle and myself remaining.

There are two things going on here. First, Truth and Consequences of Grandma taking the easy way out by naming beneficiaries on stuff. Second, nefarious Uncle embezzling and undue influencing Grandma.

Truth And Consequences Of Taking The Easy Way Out

Avoid probate is great! Ask anybody. Beneficiary designations are great! Ask anybody. But are “Pay On Death” or “Transfer On Death” orders really the best? What if things go sideways? What if the world does not unfold the way you think it should?

Financial Advisors, Attorneys, Your Uncle Charlie and common sense all say that your kids will outlive you, so why not name them on your Individual Retirement Account, Life Insurance, Bank Accounts, Stock Accounts, and (God forbid!) your real estate (through the “lady bird deed”). This idea of “naming people” is easy, cheap, seductive, and actually works some of the time. But what if the Magic 8 Ball says: “Don’t Count On It” or “Outlook Not So Good”? Then what? Our letter writer is discovering what happens when Grandma assumes too much.

Uncle gets “Dad’s share” of Grandma’s stock account. But there’s nothing wrong with that! Grandma named her sons as “transfer on death” (TOD) beneficiaries. But Dad had to survive Grandma to be a TOD beneficiary. Uncle started out to be generous and kind and sharing. But he had a change of heart (not unusual when money is concerned) and decided to keep it all. As was his legal right. Could Grandma have taken other action (Hint: like a trust) to make sure that the surviving children of her deceased son (that’s our letter writer) did not miss out on the stocks? Yes. But she did not.

Bottom Line #1: When Dad died before Grandma, his entitlement (and his kids) to Grandma’s stock account lapsed. Kaput. Done. Over. Gone With The Wind.

Bottom Line #2: What if I misunderstood the letter and Dad died AFTER Grandma? If he survived by 72 hours, his estate would be entitled to the TOD share. And then Dad’s descendants would take through Dad’s estate. And the Broker could not simply give the money to Uncle, but would have to pay half to Dad’s estate.

Uncle Judas Betrays Niece And Nephew

There is a special place (an especially terrible place) in Hell reserved for those who betray their family members. It’s right next door to the Great Satan and populated with creative imps and demons whose sole delight is torture.

There are special laws, on this side of the Great Divide, to deal with those who financially exploit their family members. Especially terrible consequences for those who take advantage of vulnerable parents and older folks. Did Uncle exercise undue influence? Were the withdrawals legitimately authorized by Grandma or greedily embezzled by Uncle?

Bottom Line: Grandma depended on Uncle. Uncle controlled all finances. Uncle gave Grandma’s money to his own immediate family members. Uncle is accused of wrongdoing, undue influence, financial abuse of the elderly, embezzlement.

On the criminal side, Uncle is entitled to the presumption of innocence. It must be proved beyond a reasonable doubt that Uncle is guilty.

But on the civil side, it is different. When it comes to undue influence, fiduciary Uncle is presumed guilty (liable). Uncle must prove that there was no undue influence. Good luck with that!

Take Away Lesson: Lead Us Not Into Temptation

Half-planning measures like TOD beneficiary designations and failure to comprehensively plan open the door to exploitation. Not everyone resists temptation. If Uncle is guilty, he deserves the consequences, no excuses. But prudent planning would both limit evil Uncle’s ability to commit dastardly deeds and prevent weak Uncle from giving in to his all-too-common greedy impulses.

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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?

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

Get Information Now.
(800) 317-2812

Read the Print Version

Are You Against Peace of Mind?
What Is A Will? Probate – Who Cares?
What Is A Trust? Why Do Trusts Routinely Fail?
Why Don’t They Ever Talk About The Real Problem?
Why Are They Misleading You?
Is Now A Bad Time?

American Middle-Class Values Are Universal
The Future Is Middle Class

Sometimes do you feel surrounded by gloomy complainers who think you should be as anxious and angry as they are? At Christmastime, they complain about everything: gift-giving is bad, Christmas dinner is sinfully extravagant, family time is traumatic. Sad. Proof positive that misery loves company.

Gloomy Gus and Miserable Mary take especial twisted delight in accusing you of all manner of wretched, greedy, evil behavior. Your joy in simple pleasures both infuriates and depresses them. They have “issues.” Every glass is half-empty. All emotions are tainted. Lurking beneath each good deed is a selfish and unworthy motive. The pinnacle of their dismal happiness is to accuse America of unique and awful sin. COVID responses have only deepened their malaise.

What rubbish! Just as your (vaccinated!) immune system rapidly isolates and destroys deadly viruses and bacteria, we need to inoculate ourselves against this deeply stupid and self-destructive whining. Childish and immature? Yes. Infantile and unserious? Definitely. That does not mean we can ignore this injurious infection. Sunshine is the best disinfectant!

Is everything bad and getting worse? Are you an awful person? It is easy to observe that throughout human history, humans have wanted the same things. Why do they ridicule the notion that we are all the same underneath?

You spent a lifetime working and saving. You paid your bills. You raised your kids. You showed up. Nose to the grindstone. Happy warrior. Fighting the good fight.

Lucky for you, you are an American. Being an American means that your efforts count. You can get stuff. And keep it. And enjoy it. Some people like snowmobiles. Other people like Precious Moments™ figurines. Bowling balls and pool cues. Snap-on Tools™. Surf boards. Quilts. Pottery. We like our stuff. It is good to get stuff. The more stuff, the better.

Abundance. Prosperity. Wealth.

How do I know that it is good to get stuff? Look around. Everybody, in every country, around the world, is trying to get stuff. Stuff like yours. Stuff we take for granted.

It starts with sanitation. Toilets. Clean water. Pretty soon folks want electricity. And a bank account. For their savings. Then cell phones. Then McDonald’s™ hamburgers. Then a place to call their own. Then a house. And a car. Health care too. People like to live. They like to live with their stuff. It’s not just you.
Everybody’s doing it.

How do I know? Glad you asked…

Extreme Poverty Almost Gone

The world is becoming middle-class. America just got there first. Not getting blown up in WWII probably helped. Working really hard and believing the America Dream also helped. And now, according to the Bill and Melinda Gates Foundation, in the 2020 Goalkeepers Report, the world is catching up.

Worried about Extreme Poverty? It is practically a thing of the past. Look at the graph. Go to the website. All good news!

Got Personal Hygiene?
Get Running Water and Toilets…

What about safe water? Again, check out the chart. More people than ever are living healthier lives. Who knew that things were so good? The truth is that other folks want the same things you do. And, like you, they are willing to work to get those good things. Is it ridiculous to think that other people want flush toilets, clean water, and a place to wash their hands? Did you think anyone was choosing to wash in sewage?

financial services for the poor chart

Who Needs Banks and Banking Services The Most? Poor Folks

And what about money? Once again, trust your own eyes. Even in the poorest countries. Even the poorest people in those countries. 30% of the poorest people in the world have bank accounts. A safe place to store the fruits of their labors. Giving them a way out of poverty. Promising them a brighter future.

The job is not done. Not by a long stretch. Be of good cheer. Progress is tough to derail. Not even the COVID pandemic or some of the hysterical reactions to it have significantly slowed the train. So. Let the nattering nabobs of negativism tell you how bad everything is… Then give them a reality check. Pow! Right in the kisser. Metaphorically. Rhetorically. Confidently.

The future is middle class.

Middle class folks want to make things better for the family members they leave behind. It is a new kind of problem for most people. Including most Americans.

You Got Stuff, You Die Who Gets Your Stuff?
The Last Will and Testament

Funny thing about stuff. It lasts longer than you do. What happens then? The answer to that question is the beginning of estate planning. For a very long time, only the pashas, potentates and princes had anything worth having. But that began to change. Slowly at first, but eventually lots of folks had stuff that was still around after they were gone and still useful.

Who gets it? That was a big problem. The answer was a new kind of court, the probate court. A special place where all this could be settled out.

Along with getting stuff for themselves, folks wanted to give the next generation a leg up. They wanted to say who would get the left-overs. And that’s where wills come in.

Your Last Will and Testament is simply instructions to the probate court. That is it. Your Will only works if it goes through probate. Lots of people will tell you, “I don’t have to worry about probate, I have a Will!” And now you know better.

How much does it cost to probate your leftover stuff? A frequently cited number, attributed to AARP, is 4-10% of the value of the estate. That seems about right to me.

Why so expensive? Because you left a big mess. While you are alive, your name is on your stuff. You are large and in charge. It is as if you were carrying items around in a store. In your arms. As long as you are steady on your feet… no problem. But if you slip and fall… Whoops! There goes all the stuff you were carrying. And now you have made a big mess. You were in complete control of your stuff. Now nobody is in control. Stuff goes flying. Good luck sorting it out. Nice easy job, cleaning up the mess.

But cleaning up the mess is exactly what the probate court does. The probate court is a janitor. Your will is simply a note found in the mess. Let’s hope the janitor finds the note. And reads it. And follows it. And is not distracted by everything else going on…

Probate is not a curse inflicted on innocent people by a vengeful deity. Probate is the necessary and unavoidable consequence of the rise of the middle class. Together with a failure to plan ahead.

You Got Stuff, You Die Who Gets Your Stuff? The Trust

Is it ridiculous to think that most people would rather not lose 4-10% of their leftover life savings? Are you opposed to keeping what you have earned? Maybe then avoiding probate would be a good idea. Are you against finding better ways to get the job done? I didn’t think so…

That’s where the trust comes in. Trusts hold your stuff, like a shopping cart at the store. You are in control.

Put things in. Take things out. Re-arrange. It is all up to you. The key is that when you “slip and fall”, your possessions are in the cart. Sure, you went flying. Call the EMTs! But your stuff remains in the shopping cart/ trust. No fuss. No muss. Nothing for the janitor to do. Your successor trustee steps up and divvies up the stuff to your deserving and grateful family members. What could be easier? Are you surprised that trusts are so popular?

The Huge Dirty Secret of Trust-Based Planning

Is it ridiculous to think that a highly profitable industry based on cleaning up messes might want to go on cleaning up those messes? Can continue collecting those fees? If you were collecting 4-10% of folks’ leftover lifesavings, would you be in a rush to cut off that gravy train? Is it bad to wonder why 90+% of trusts fail? Is it cynical and ill-natured to wonder whether the astonishing failure rate of trusts has anything to do with probate industry profits?

Why do trusts fail harder than the Wizard of Oz? The simple reason, which is well-known to your banker, insurance agent, financial advisor, attorney, and anyone else with the slightest familiarity, is that hardly anything gets into the shopping cart.

You paid for a bright and shiny new trust/shopping cart. And that is what you received. It is beautiful! Leather binder. Lots of pages. Wow! And it is empty. And you are still carrying all those items around in your arms. So when you slip and fall… oopsie! All your stuff STILL goes flying, STILL makes a huge mess, STILL requires probate.

How Do They Get Away With Such Piracy?!

How does the probate industry get away with it? Simple. In that fancy binder of yours, there is a memorandum/ letter/instruction booklet/ brochure. In that document, the responsibility of getting your stuff into your trust is placed squarely on your shoulders.

Did you know that? Would it be a waste of your time to, right now, dig into that fancy binder and find that memo? It is in there, I promise.

The memo is how the probate industry turns your kids’ righteous indignation at having to pay for probate into sheepish surrender. It was Mom and Dad’s fault! They did not follow the instructions! Aww gee! Heh heh… betcha ya didn’t see that coming!

What if there was a law firm that did the hard work of tracking down your assets with you and getting them into the trust. Would you be surprised if the process took longer? Would it be a shock that it cost more? Would you be against getting what you paid for?

Would you be surprised to learn that there is no free lunch?

American Middle-Class Values
Are The Wave Of The Future

Do you reject the idea that a rising tide lifts all boats? Is it too farfetched to think that today’s “rising tide” are the peaceful virtues of the middle-class lifestyle? Rapidly spreading across the globe. Raising hundreds of millions, billions of our sisters and brothers out of poverty. On to the path for a better life.

Our better future has its enemies. Craven, miserable, alive only with jealousy and envy. You extend the helping hand of friendship; they see only the claw of exploitation. You offer to help build, construct, improve, they seek only to tear down, demolish, devastate.

You are winning. Ever more desperate, they are losing.

Peace of mind and security are waiting for everyone who embraces productive work. While you are here. And after you are gone. Waiting for you. You have a choice. Despite what “everybody else” says.

Well, here you are. Now you know. No excuses. Get the information, insight, inspiration. It is your turn. Ignore the message? Invite poverty? Or get the freely offered information. To make wise decisions. For you. For your loved ones.

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

Get Information Now. 800-317-2812

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?


You may wonder what is going on. Why have governors, mayors, city councils betrayed the people? Did you suspect the cowardice now on display? How can months of rioting be condoned? Are robbery, murder, assault and mob rule “what democracy looks like”?

Almost 200 years ago, our nation faced similar issues. Mob rule replaced representative democracy. Murder, by hanging, burning alive, shooting, in the name of justice, “pervaded the country, from New England to Louisiana…” In January 1838, a 28-year-old lawyer confronted these problems. The lawyer’s name was Abraham Lincoln.

America Must Live Through All Time Or Die By Suicide

Lincoln acknowledged that no foreign danger could threaten the United States. “All the armies of Europe, Asia and Africa combined, with all the treasure of the earth… could not by force, take a drink from the Ohio, or make a track on the Blue Ridge, in a trial of a thousand years.”

Lincoln saw that risk comes from within. “[Danger] cannot come from abroad. If destruction be our lot, we must ourselves be its author and finisher. As a nation of freemen, we must live through all time, or die by suicide.”

Although painful to admit, Lincoln observed that “Accounts of outrages committed by mobs, form the everyday news of the times. They have pervaded the country, from New England to Louisiana…” “[B]y instances of the perpetrators of such acts going unpunished, the lawless in spirit, are encouraged to become lawless in practice; and having been used to no restraint, but dread of punishment, they thus become, absolutely unrestrained.” Isn’t Lincoln describing Seattle, Portland, Kenosha?

Lincoln’s fundamental truth: “There is no grievance that is a fit object of redress by mob law.” Anyone who says differently is selling something.

Lincoln Foresaw Today’s Situation

Lincoln observed that “whenever the vicious portion of population shall be permitted to gather in bands of hundreds and thousands, and burn churches, ravage and rob provision-stores, throw printing presses into rivers, shoot editors, and hang and burn obnoxious persons at pleasure, and with impunity; depend on it, this Government cannot last.”

How can today’s politicians excuse their craven cowardice? Betrayal of middle-class Americans, whether 160 years or 3 months ago, has the same disastrous consequences. They cannot claim ignorance. Why have they abandoned their oath to preserve, protect, defend?

The Solution

Lincoln did not despair. He conceded the glamour of violence. He saw the selfish ambition of those who “thirst and burn” for fame. Our hope, Lincoln said, is that “the people [stay] united with each other, attached to the government and laws, and generally intelligent, to successfully frustrate” the “mobocratic spirit.”

We have faced down enemies, foreign and domestic, before. We can do so again. Not by meeting violence with violence. But by steady devotion to our great nation and the rule of law. Do not despair, persist.
Note: All quotes from Abraham Lincoln, The Perpetuation of Our Political Institutions: Address Before the Young Men’s Lyceum of Springfield, Illinois, January 27, 1838

Do you find that many things are out of your control in these uncertain times? Some of us busy ourselves with many small chores and errands. We leave big decisions for “tomorrow” because they seem insurmountable. But tomorrow never comes. Paperwork piles up! Investment reports, insurance policies, legal “stuff”. We avoid important decisions. We promise ourselves to do it later. When we have “more time”.

Why does it seem that we are most stressed by decisions that could simplify our lives? By taking steps that improve the lives of our children? Do we actually want more difficulties, complexities, loose ends?

Getting your affairs in order for both yourself and your families may seem like a task best left for a better time. Could it be that there is not a better time? Have you ever noticed that somehow time slips away? What if now is the best time to choose? While we are in good health, competent to make decisions.

Talk To Someone Who Has Walked Your Walk

I know so many women like you. Joyful women, cheerful, selfless women who spend a lifetime caring for family. But why do you neglect to care for yourself? Generous and giving, you put your plans on hold for others. I am sure you know many other women who embrace life like you. Other women who know what it is all about.

What if you could talk, have a chat with an attorney who has walked that extra mile? In your shoes? Would that be refreshing? Why can’t your wishes compel respect? Why shouldn’t your legacy have meaning? Reflect your values? Why don’t you deserve a LifePlan™?

Remember those piles of reports and statements that have been sitting around? Wouldn’t you feel less stress if you could put your hands on a single, well-organized list of your assets? What would it mean for your children? Wouldn’t this list be an invaluable guide for them? If you became incapacitated? Or at the time of your death?

No one wants to go to the hospital. But if you had to, wouldn’t you like to make those difficult decisions a bit easier on your loved ones? Wouldn’t you lighten the load if you could? LifePlan™ healthcare documents cover virtually all conditions. Saving your family valuable time and resources. Not to mention mental stress. Your LifePlan™ says: Mom thought of everything.

Most of the professional team at the Law Offices of David L. Carrier are women. Younger and older. Attorneys and paralegals. With many years of experience. We welcome the opportunity to talk to other women like us. Like you. Mothers, sisters, wives. We know about your needs and help you get your affairs in order. We have “been there”. We are there.

Let’s face it, you do have the power to create a plan with coherent guidelines. Practical steps with useful information. Handling your assets and health care while you are alive. No squabbling among the kids.

LifePlanning™ establishes clear, workable instructions. To settle matters after your death. Clear. Fair. Quick. No costly and time-consuming probate process. Again, no squabbling.

Isn’t it time for you to talk with someone who’s been on your path? Who has guided others to peace and security? We are waiting to welcome you!
Simplify your life and the lives of your family.

Come in at your convenience. I’d love to talk with you

Just ask for me, Claire Clary, an attorney with The Law Offices of David L. Carrier.

Michigan’s New & Improved Auto Insurance
Know Before You Go!

By Carrier Law Attorney Bill Bereza

Can we all agree? Car insurance is too darn high! Our politicians promise new auto insurance laws to save us big money. Beginning July 2, 2020, we drivers will be saving millions! So they say. But there is no such thing as a free lunch.

Are these savings magical? Of course not. Everyone used to have unlimited personal injury coverage. Not anymore. Now they limit their coverage (it’s cheaper!) and sue you for the difference. Gee, will car accident attorneys like that? Of course, you will only get sued if you were at fault. Or if the other guy thinks you were at fault. Or if the other guy can make it seem that you were at fault. Or if the other guy was riding a motorcycle. (Huh?) Or…? Aren’t you glad our politicians simplified things?

Choose Unlimited Coverage for Yourself!

You don’t want to worry, so you get the maximum coverage possible.
The other guy CRASHES into you. The other guy hurts himself. Badly. But you are fine… not even a scratch! The other guy has low or no (NO!?) personal injury coverage. Guess who’s storming after YOU! Even if you were innocent. They are coming for your income, savings, house, whatever. For their unpaid medical bills. Is that possible? That is why they’re suing you, to find you at fault. And if the jury goes with them? You are on the hook for their unlimited medical bills.

But you are fine. You paid extra for unlimited coverage. No worries! Right? Wrong. That only covers your medical bills. Not the other guy’s. That guy chooses low/no coverage; they are coming after you. Glad we saved all that money.

Choose Low or No Personal Injury Coverage for Yourself!

Let’s save some money. No or low personal injury coverage for yourself. And what if you need a surgery? Or two or three? Good luck suing the other guy. What if you need long-term care after a car accident? Welcome to the complex maze of American long-term care. Insurance only pays for limited long-term care. When it runs out, you pay. And pay. Annual skilled nursing costs can exceed $120,000. How long can
you pay that before going broke? And when you are flat busted, Medicaid is your only resource.

Good News: You Can Still Protect Yourself

Proper Planning means peace of mind. Secure your life savings, home, cottage, business. Get quality care AND preserve resources to supplement that care. Tested, effective strategies mean you are not going broke. Lawsuits and long-term care? Handled. Life Savings Protected. Life Choices Respected.

We can help. Call (616) 361-8400