lifeplanning Archives

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

September 26, 2022

$300 Billion (Really A Trillion) Cottage Loan Forgiveness

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Butcher, Baker, Candlestick Maker Privileged To Pay

Fit-As-A-Fiddle First Financier Fabricates Forgiveness

Education is Essential to a strong society. Learning is Earning. Knowledge is Good. And what better way to acquire Learning and Knowledge than a Cottage Education? Swimming, boating, Jet-skiing. Everyone agrees that a Cottage Education guarantees lifetime success and happiness. All Americans deserve a Cottage Education if they are willing to go and put in the time. At the pool. Or massage therapy center.

But can All Americans afford a Cottage Education? Sadly, no. That is why there are federal-guaranteed Cottage Loans… to support young (and not so young) Americans in their Cottage dreams.

Over the years, to satisfy eager Cottage students, the federal government has raised Cottage Loan limits again and again. And whenever those loan limits go up, guess what! Crafty Cottage Presidents raise Cottage tuition and fees. Over and over. To keep up, Cottage students borrow and borrow and borrow some more. Like a hamster wheel. America’s Cottage Students now owe $1.6 Trillion in Cottage student debt. Talk about world-class!

Unfortunately, paying for all that Cottage Debt has become a real problem. Turns out America does not need so many engineers, scientists, industrialists, craftsmen, tool and die makers, machinists, plumbers, carpenters, skilled tradesmen, farmers, nurses, doctors, biologists and so on… All those Cottage degrees turned out to be worthless. What America really needs are a few good baristas, like at the coffee shop! Folks who can make swirly designs in coffee foam. Some sandwich artists would come in handy, too. Yet nary a one can be found…

Ask an electrical engineer for a latte? Forget it! Isn’t it clear? Cottage Student Loan relief is a national priority.

To Err Is Human, To Forgive $540,000,000,000 Is Divine

If ever oh ever a Wiz there was, the Wizard of Washington is one because… Because the Wizard will forgive $10,000 of Cottage Loan Debt for each student. Presto! No problem. Canceled. Disappeared! Wondrous! How does he do it? Not with any law. Not with any Act of Congress. All by himself! Because of the Wonderful Things He Does®!

Some say that the new Cottage Loan forgiveness plan will cost $300 billion. ($10,000 multiplied by 30 million Cottage Students). Nope. Some folks forgot that the Cottage Loan Gift is $20,000 for each Pell Grant giftee. Government guesses that there are 27 million Cottage Loan borrowers who could get $20,000 each. Math is hard, but let us give it a try, shall we? 27,000,000 X $20,000 = $540,000,000,000.

That’s $540 Billion. Whoops! They overlooked $240 billion. Must be the new math, eh?

Here’s A Thought: The new Gerald R. Ford class of aircraft carrier costs about $10 billion each. Why don’t we just buy 54 brand-new aircraft carriers instead? Sure, parking might be a problem. Let’s just buy 30 of ‘em and use the extra money to buy airplanes and stuff. Or we could pay off other folks’ Cottage Loans. You choose.

Definitely-Not-Demented Delivers More On Demand

And by more, we mean moratorium. Cottage Student Loans have not been paid for years. Why not? “COVID.” And, “Shut Up!” they explained.

Anyway, the Wizard has promised that this one last extension until December 31, 2022, will be the last. Promise. No more. Ever. What’s the fuss anyhow? Only costs $52 Billion per year. That’s only 5 brand new, state-of-the- art Gerald R. Ford-class flattops. Only 5. So quit yer bitchin’! What’s $52 Billion among friends? Chump change.

Cottage Loan Trillion Dollar Giveaway – The Rest Of The Story

The Top Headline says that a Trillion Dollars of Cottage Loans will vanish. Perceptive readers will note that only $540 Billion has been accounted for. What about the rest… of the story?

The Big Deal is not the one-time COVID- era Mega-Billions Giveaway. The Big Deal is rewriting the permanent giveaway rules. Probably more than a trillion dollars. Nobody knows.

How It Used To Work:

1. Go to expensive Cottage. Borrow lots and lots of money.
2. Get job that pays less than $125,000 per year.
3. Pay 10% of income over $30,000 per year for Cottage Loans. Big, big Cottage Loan? Small, small payment? Who cares?
4. 20 years later. All is forgiven!

How It Will Work Now:

1. Go to expensive Cottage. Borrow lots and lots of money.
2. Get job that pays less than $125,000 per year.
3. Pay 5% of income over $30,000 per year for Cottage Loans. Big, big Cottage Loan? Small, small payment? Who cares?
4. 10 or 20 years later. All is forgiven!

Used to be a sweet deal. Now Cottage Loan borrowers only pay half as much. Half as long. Super sweet!

Who Benefits From Cottage Loan Giveaway?

63% of Americans have no Cottage Degree.
87% of Americans have no Advanced Cottage Degree.
56% of Cottage Debt is owed by the 13% who went to Law School, Medical School, etc.
If you did not get a Cottage Education. Pay up, sucker!
If you worked hard to pay off your Cottage Debt. Sucker!
If you borrowed lots of money for your Cottage Education. Relax! The working stiffs are going to cover your bills. Enjoy!

Correction-Correction-Correction

Slight Typographical Error In Above Story

Sorry! Sorry! Sorry! Sad Blunder

It appears that there we made a slight typographical error in the preceding story. We were given to understand that somebody in the federal government, contrary to law and common sense, was intending to give away more than a trillion taxpayer dollars to folks who borrowed money under federal Cottage Loan programs. This is not accurate. It turns out that there are no federal Cottage Loan programs (except for FEMA). Anyway, this unprecedented, unjustified, political payoff scheme had to do with College Loans. And, loans for Universities and Graduate Schools of Law, Business, Medicine, Engineering, etcetera. Surely an understandable, harmless, inadvertent, and worthy-of-forgiveness blunder. Our apologies.

What Is That Sizzling Sound? Vaporized Like A Snowflake On A Hot Griddle.

Your Lifesavings Imploding At $12,000 Per Month

America is getting older. So are you.

There are fewer young people. More older people.

Older people need care. Older people need younger people to provide that care. But there are fewer younger people.

Demand for care is up. Supply of caregivers is down. Prices for care are skyrocketing.

Everyone knows someone who has gone broke. Not from the casino. Not from credit card debt. Not from too many toys. Someone who has gone broke from long-term care.

Basic at home care: $30+/hour. Nursing care at home: $60+hour.
Basic Assisted Living: $6000/month
Basic Nursing Home: $10,000-12,000-15,000+/ month

Everyone knows that care is expensive and getting worse.

Simple steps taken now will preserve your lifesavings, home, dignity and provide well for your surviving spouse.

But some foolish folks ignore their own lives. Whistling past the graveyard. Focus on death… who gets my stuff? No care for their surviving spouse.

Is it wrong to get some payback for the tax dollars that you have paid in?

Are you opposed to making the rest of your life the best it can be?

Is it fair to burden your spouse, family, or friends when help is right there for the asking?

Has your success in life come from burying your head in the sand?

Why hasn’t your estate planner, lawyer, financial advisor informed you? Why have you been misinformed?

Is now a bad time to explore LifePlanning™? Thousands and thousands of local families have already experienced the benefits. Do you deserve nursing home poverty? Do you wish to leave nothing for your family? Is it a ridiculous idea that you should get the care you have already paid for?

Is Now A Bad Time For A Real Solution?

No one has all the answers but is this the wrong time to start asking questions?

Is finding the best care is easy? Is getting lost in the overwhelming flood of claims and promises a good idea? Are you opposed to straight answers?

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 others. Why not you?

September 2, 2022

Vaporized Like A Snowflake On A Hot Griddle

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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

August 22, 2022

Why Do They Bank On Death?

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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

August 17, 2022

Mail Bag Of Madness!

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Truth Stranger Than Fiction…
(Spelling? Punctuation? Editing? No Can Afford!) (Warning: Not Legal Advice!)

Can a guardian evict/kick someone off of a property the guardian has no rights over?

I have been cleaning up a property that belongs to my great grandma who is now in a nursing home. I was verbally told that if I could clean the property up and work on paying the back taxes, I could work on owning the property. But now she is stating she never said that and told me my mother is not to be on the property when she never told me she couldn’t. I was would like to know where her rights as a guardian plays into this property. She does not own anything.

Shortest Answer: Yes. Absolutely.

Short Answer: You are more screwed than you have imagined.

Unkind Comments: 1. Next time, when lawyers and judges are talking, pay attention! And when you do not understand, ask questions! 2. “Verbally told”?!? Seriously? 3. A stitch in time saves nine. 4. An ounce of prevention is worth a pound of cure. 5. Kiss Great Grandma’s house good-bye. Also, you’ll never get paid for your clean up or back taxes. Also, your mom’s getting evicted.

Kinder, But Not Much Kinder, Comments:
1. You are not alone. Regular folks, just like you, lose houses, lifesavings, peace of mind, work, effort, blood, sweat and tears, in similar circumstances every day. Hundreds, if not thousands of times every day.

2. It’s not your fault that you did not know. After all, there’s no 2-hour, live, weekly call-in radio show that provides this information (except on WOOD 1300 AM and 106.9 FM; WKZO 590 AM and 106.9 FM; WHTC 1450 AM and 99.7 FM; various others). There are no free workshops every week the Good Lord brings, in Norton Shores, Grand Rapids, Holland and Portage. No free videos on the website whenever you want ‘em. And certainly, there’s no Michigan Elder Law Reporter to let you in on the secrets. 3. Middle-class families routinely get chewed up and spit out by the long-term care system, you have lots of company. 4. Getting Great Grandma to avoid nursing home poverty is not easy. 5. Cleopatra is not the only Queen of Dee-Nile (Get it? Dee-Nile = denial! Funny, eh.)

Long Answer: Can we unpack this suitcase of suffering sadness? This trunk of troubled tribulation? This package of perplexing pain? This valise of vigorous vivisection? This bag of the boggling blues? This container of cloudy consternation? Let us begin.

Guardian, Conservator, Probate:
What Is It All About?

1. Everyone is getting older.
2. Some older people lose their minds.
3. At age 65, you have a 70% chance of needing an average of 3 years of long-term care services. 20% will need more than 5 years of services. https://acl.gov/ltc/basic-needs/how-much-care-will-you-need
4. When people lose their minds, others must make their financial and health care decisions.
5. A few people take action to decide who will make their decisions if they lose their mind. These blessed few do Trusts, Powers of Attorney,
Designations of Patient Advocate. Mind lost? No probate. No problem. Thankfully.
6. Most people take no action. If you are in the majority and lose your mind, a Probate Court Judge will decide:
a. Whether you have lost your mind
b. Who makes health care decisions (Guardian) for you
c. Who makes money decisions (Conservator) for you
7. Judge decides on Clear and Convincing Evidence. Presented in open court. On the record. Which is not humiliating or degrading at all. Ever.
8. If you get better, you must convince the Probate Court Judge by Clear and Convincing Evidence that you are now OK. Which is not humiliating or degrading at all. Ever.
9. With a Guardian, you are a legally incapacitated person. You cannot make decisions for yourself. Your legal rights? Extremely Limited. Will anyone care what you say?
10. Your Guardian and Conservator files annual reports with the Court.
11. Will the Guardian or Conservator be a family member? Will you get a Public Guardian? Ask the Judge. You had your chance and blew it. Don’t worry. Be happy.

Great Grandma failed to plan. Great Grandma went to Probate Court. And now a Public Guardian will decide everything for Great Grandma. Will the Guardian be guided by the specific, unique needs and aspirations of Great Grandma’s family? Or will the Guardian faithfully follow Probate Court protocols, one size fits all, the law’s best guess as to what most families would mostly do?

You have 3 guesses. Guesses 1 and 2 don’t count.

How It Plays Out

Statement: I have been cleaning up a property that belongs to my great grandma who is now in a nursing home.

Response/Observation: Great Grandma is probably in a skilled nursing facility on Medicaid. Average monthly cost of a skilled nursing facility is $10,000 – 15,000 per month. At the former Kent Community Hospital, residential, high-level skilled care is more than $25,000 per month. If Great Grandma is not already on Medicaid, she soon will be. And if Great Grandma has money, why the “back taxes”?

The state does not joyfully pay for long term care through Medicaid. When the state pays, it wants its money back. The state (so far) won’t seize Great Grandma’s homestead while she is alive. But, after death, the state shows up in Probate Court, looking for its money. Everybody knows that “The House is Protected from Medicaid!” False! “Everybody” apparently does not know that the house must be sold to pay back the Medicaid. After Great Grandma has died. With some loopholes.

Oh. And thanks for “cleaning up” the property. Did you know you are doing that for free?

Statement: I was verbally told that if I could clean the property up and work on paying the back taxes, I could work on owning the property.

Response/Observation: Whoops! You did not know you were doing the work for free? The law says you cannot make a probate claim for services without a written agreement. And the agreement must be written before you provide the services. Without a written, binding contract the Probate Court Judge will not listen to your story. And if you get paid while Great Grandma is still alive, Great Grandma will get hit with a penalty period, be denied Medicaid benefits and the skilled nursing facility will not be paid.

Do skilled nursing facilities enjoy not getting paid? No, they do not. So Great Grandma’s nursing home now sues Great Grandma. And wins! Now Great Grandma’s house must be sold to pay the legitimate bill of the deserving nursing home. And Great Grandma is off the Medicaid until the money is all gone. And you will not see a nickel.

COMMON SENSE POINT:
What the heck does “work on paying the back taxes” or “work on owning the property” mean? In English? Even if you were “verbally told” these things? You are dealing with real money here… Long-term care is expensive. Government does not (usually) just give money away. You are not being serious here. Get serious!

Statement: But now [GUARDIAN] is stating she never said that

Response/Observation: Of course, the Guardian is denying ever having promised you the property if you cleaned it up! It is unbelievable that any Guardian with any sense of their fiduciary duty as Guardian would say such a thing. Not credible. And that’s why we write things down. Because maybe (however unlikely) the Guardian did agree to something like this. But no one will believe it.

In Merrie Olde England, 450 years ago, Parliament created the Statute of Frauds. To stop folks from cheating each other. Our Founding Fathers adopted the Statute of Frauds for American law. The Statute says any contract for land must be in writing. End of story. See you later. Done.

Statement: [GUARDIAN] told me my mother is not to be on the property when she never told me she couldn’t.

Response/Observation: I did not tell you that your mother could not live in my house either. That does not mean that she can.

The Guardian’s job is to preserve Great Grandma’s property and to use it for Great Grandma’s benefit. If the Guardian chooses to evict you from Great Grandma’s home, Guardian can do it. You have no right to control Great Grandma’s home. If you allow someone else into Great Grandma’s home without authority, the Guardian can evict them. Even if the squatter is Great Grandma’s grandchild.

Statement: I was would like to know where her rights as a guardian plays into this property. She does not own anything.

Response/Observation: The Probate Court gave Guardian all Great Grandma’s rights over Great Grandma’s home. That’s the whole point of having a Guardian. It is a big deal.

What Is That Sizzling Sound? It Is Your Lifesavings Imploding At $12,000 Per Month

Vaporized Like A Snowflake On A Hot Griddle

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

August 9, 2022

Who’s Betting On Death?

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Traditional Trust Planning Failure A Scam? Say It Ain’t So!

Traditional estate planning is supposed to avoid probate, save taxes, and dump your leftover stuff on your beneficiaries. After you die. Nobody cares what happens to you while you are alive. How does that help anyone? Stupid.

Traditional estate planning fails because the overwhelming majority of us will need long-term skilled care. 70% of us. For an average of 3 years. And we will go broke paying for it.

Is it surprising that thousands of recreation properties: cottages, cabins, hunting land, are lost to pay for long-term care? Why is your estate planner hurting you and your family? It is evil intent? Or stupidity?

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

When my mother suffered from the dementia which led to her death, over 10 years ago, their estate plan preserved their lifesavings. Mom’s months in the nursing home did not mean Dad’s impoverishment. Dad spent the last years with security and peace of mind.

Is Now A Bad Time For A Real Solution?

Perhaps you think you already have an answer to this problem. Maybe you do not see this as a problem at all. It is possible that you do not believe in the passage of time or its effects on you.

Peace of mind and financial security are waiting for everyone who practices LifePlanning™. You know that peace only begins with financial security. Are legal documents the most important? Is avoiding probate the best you can do for yourself or your loved ones? Is family about inheritance? Or are these things only significant to support the foundation of your family?

Do you think finding the best care is easy? Do you want to get lost in the overwhelming flood of claims and promises? Or would you like straight answers?

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

The LifePlan™ Workshop has been the first step on the path to security and peace for thousands of families. Why not your family?

NO POVERTY. NO CHARITY. NO WASTE.
It is not chance. It is choice. Your choice.

Get Information Now. (800) 317-2812

August 5, 2022

You Don’t Need A Weatherman To Know Which Way The Wind Blows

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

Nostalgic For The Good Old Days Of Jimmy Carter? Me Too.

More good news from our friends at the Bureau of Labor Statistics! Consumer Price Inflation is setting new 40-year records. Again.

Energy prices are up. Way, way up. And that’s easy to solve. Simply stop driving anywhere. Stay at home. Problem solved.

Now that summer is finally here, you may wish to turn on your air conditioning. Do not. Your cost of cool is up 35%. Fortunately, sweat is still free. And it is all natural. Probably gluten-free, too. So, stay home, in the dark, with the air conditioning off. It is the New American thing to do.

Also, you can forget about going to the pool. No lifeguards. According to that paragon of virtue, National Public Radio: “the National Recreation and Parks Association says 8 out of 10 parks and rec departments can’t find enough staff.” “Tens of thousands of pools across the country are closed…”

Everybody complaining about gas prices. Is that the worst? No. Gas prices are not the worst part. So what is the worst? Since you have not read or heard it anywhere else, it falls to your Elder Law Reporter to point out the worst. Food Inflation. Food Inflation is in double-digit territory. Food costs 10.1% more now. You can stay home and save gas. Can you stay home and not eat? For how long? Little Orphan Annie said, “The sun’ll come out tomorrow, bet your bottom dollar that tomorrow, there’ll be sun!” Little Orphan Annie has not been watching the Producer Price Index.

Every time you go to the store, you experience the Consumer Price Index. The CPI is how the government measures misery today.

Future pain is predicted by the Producer Price Index. The PPI measures wholesale inflation, before it gets to your local store. Wholesale inflation is once again at a 40-year high. 16.6%. Did you think 10% Food Inflation was bad? How about 16.6%? That is what’s coming tomorrow. For Goods. Wholesale inflation for services is only 7.6%. Feel better?

Hey Annie! Wake up and smell the coffee! Whoops, according to the Wall Street Journal, thanks to “extreme weather and supply-chain disruptions,” we have a coffee shortage and prices are up 76%. Yeah, we got a chart for that.

Homebuyers! Do not feel left out. Home mortgage interest rates are still climbing, according to Freddie Mac (formerly known as the Federal Home Loan Mortgage Corporation), now up about 300% since Christmas. Pass the eggnog! Merry? Merry? Investors! Guess what… the market is tanking. Down 17% this year. So far. But you already knew that.

What’s It All About? Six Keys To Happiness

How do you survive when the best-case scenario is: Horrifically Worse Than Jimmy Carter, But At Least No Thermonuclear War? Follow the Six Steps:

Stay home. Do not move about. Do not turn on the A/C. Do not eat. Do not buy another house. Do not look at your investments. Bonus Step: Go to a LifePlan™ Workshop. Drink our coffee. Have a oatmeal raisin cookie on us! Cheers… Easy!

Is Traditional Trust Planning Failure A Scam?
Why Is Your Estate Plan A Death Trap
Can Widespread Failure Be Explained By Incompetence And Indifference?

Traditional estate planning is supposed to avoid probate, save taxes, and dump your leftover stuff on your beneficiaries. After you die. Nobody cares what happens to you while you are alive. How does that help anyone? Stupid.

Traditional estate planning fails because the overwhelming majority of us will need long-term skilled care. 70% of us. For an average of 3 years. And we will go broke paying for it.

Is it surprising that thousands of recreation properties: cottages, cabins, hunting land, are lost to pay for long- term care? Why is your estate planner hurting you and your family? It is evil intent? Or stupidity?

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

When my mother suffered from the dementia which led to her death, over 10 years ago, their estate plan preserved their lifesavings. Mom’s months in the nursing home did not mean Dad’s impoverishment. Dad spent the last years with security and peace of mind.

Is Now A Bad Time For A Real Solution?

Perhaps you think you already have an answer to this problem. Maybe you do not see this as a problem at all. It is possible that you do not believe in the passage of time or its effects on you.

Peace of mind and financial security are waiting for everyone who practices LifePlanning™. You know that peace only begins with financial security. Are legal documents the most important? Is avoiding probate the best you can do for yourself or your loved ones? Is family about inheritance? Or are these things only significant to support the foundation of your family?

Do you think finding the best care is easy? Do you want to get lost in the overwhelming flood of claims and promises? Or would you like straight answers?

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

The LifePlan™ Workshop has been the first step on the path to security and peace for thousands of families. Why not your family?

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

Get Information Now. (800) 317-2812

July 11, 2022

No Poverty. No Charity. No Waste. Make Pace Your Power!

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Dedication, Devotion

Just a couple weeks ago. A perfect Sunday morning in early summer. Bright sunshine, warm air, colorful flowers, green leaves.

Two women reading the paper. They could have been sisters. Remarkably similar. Children and grandchildren. Both are reliable volunteers for church and school. Both looking forward to their 50th wedding anniversary.

Comfortable homes with well-tended gardens. Paid for. Substantial retirement savings. No debt. (Thanks to coupon clipping and natural thrift!) Extravagant or expensive habits? None. Except spoiling their grandchildren at every opportunity. Good-naturedly, of course.

You know these women. The sort of middle- class people who enrich the world by their simple presence. And generosity of spirit. Authentic kindness.

Now, both are primary caregivers for their husbands. Husbands who, after many years as partner and confidant, father and grandfather, best friend and “accomplice,” had fallen victim to Alzheimer’s Disease. Heart-breaking. Life- changing. No description necessary.

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

Sure, the kids think it is corny. But these women took the words of JFK seriously: “We choose to do these things, not because they are easy, but because they are hard.” Alzheimer’s is hard.

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

Too Good To Be True?

As it happens, on this pleasant Sunday, both women were reading the same article. An account in The Michigan Elder Law Reporter describing the Program of All-inclusive Care for the Elderly, known as PACE.

The Reporter claimed that PACE provided free, at-home care. All pharmacy needs with no co-pays, donut holes, delays, or frustrating paperwork. Specialist care. Respite care. Durable medical equipment. Supplies. Occupational and Physical Therapy. The list went on and on. It even claimed that PACE was intended to help folks just like her. On purpose. Family members caring for loved ones at home. Staying at home.

Most outrageous, though, was the bald statement that their life savings, their home, their cottage, their security, need not be sacrificed to long-term care costs. That a lifetime of shared work could be preserved for themselves, their children, their grandchildren. How could that happen?!

They remembered similar articles in the Reporter… published over the summer and winter of 2020-2021. And the warning that the special COVID rules would expire on November first. Too late. But now comes the news that these rules were extended to April 2021! And yet again the COVID rules that expand eligibility were extended! “Until further notice…” Whatever that means, right?

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

And this is where the women made different choices.

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

The other thought, “I heard of this back in July, then in the fall, and again in the springtime. I still didn’t act. Is it possible that I have another chance? Is Someone trying to tell me something? Maybe I should find out more…”

Five years quickly passed.

And That Has Made All Of The Difference

Another fine June morning. But now these women are not so much alike. They had made different choices. They got different results.

Pride Goeth Before A Fall

One was physically exhausted. Twenty-four hours a day. Seven days a week. Constant caregiving was taking a heavy toll. Worse was the mental stress. Facing bankruptcy. She gladly spent the life savings to pay home health care workers. Selling the cottage? No, she didn’t mind it. That money was long gone. Days at the lake a distant memory. The grandkids can learn to swim at the Y.

She was still bound and determined that her husband would never wind up in one of “those places.” Then the cash ran out. She gritted her teeth and took a loan against the house. Twice. Plus a line of credit. In desperation, she turned to cash advances on the credit cards.

In her pride, she did not share the burden with her friends or children. She chose a solitary journey. Until the inevitable day when the house of cards collapsed. She reached for the phone to call her eldest child. She never imagined living in a senior housing project. Well, at least the bill collectors had stopped calling. Pathetic? Pitiful? Or just sad…

The other woman was at the cottage window watching her grandchildren fish from the dock. The last few years had been tough. Her husband no longer knew her or their children. She was making the best of a bad situation. But. Her health was good. The PACE folks were a blessing. No worries. PACE had installed a wheelchair ramp at their home. Several times a week, expert aides came out to attend to her husband’s hygiene. During that coronavirus problem so many years ago, they even helped with her grocery shopping. And housekeeping. In addition to all the medical support. She knew her future was secure. She did not face it alone. Life savings protected. Life choices respected. “Well,” she thought, “sometimes “too good to be true turns out even better.” Sympathy for her tough row to hoe. Tempered by respect for her wise decisions.

I Have Finished The Course, I Have Kept The Faith

Several months later.

At the first woman’s funeral, her friends agreed. It was tragic. Pitiful, even. She had run the race. She had fought the good fight. At the ultimate cost to herself, she did what she believed was necessary. Pouring out the savings and accomplishments of a lifetime in a few short years. But. Is there anything more tragic than needless suffering? Doing very well something that did not have to be done at all? As one mourner observed, “She killed herself with work and worry, all to keep him out of “those places.” And where is he going now? One of “those places.”” It is more than sadness that we feel when a good person refuses the helping hand. It is more than regret when refusal leads to unfortunate consequences.

Not far away, at about the same time.

After the preacher’s kind words at the cemetery, the other woman turned from her husband’s grave. She too had run the race, fought the good fight. She had been there for him to the ultimate end. Hospice at the house. Familiar PACE folks who supplied the hospital bed, Hoyer lift and other necessary equipment and services. Given fair warning, the kids made it in from out of town. It was sad, heart- breaking. But not tragic. Surrounded by family and friends. Secure. Respected. Gracefully accepting sympathy without a hint of pity. At peace. What did the Lord have in store for her now? She did not know. But she looked forward to finding out.

The Difference

Most people, reading this article, will choose the path of the first woman. Most people, faced with long-term care costs, will close their eyes. Hope for the best. And watch their life savings evaporate like a snowflake on a hot griddle. Why does the caregiver spouse die first, almost half of the time? Why do hard-working, prudent, frugal, middle-class folks accept nursing home poverty? Most of the time?

Not Chance, Your Choice

There is nothing inevitable about losing your home, cottage, business, lifesavings, independence, security. All of that is a choice. Despite what “everybody else” says. For thirty-one years, people have told me, “I’ve never heard of this before!” “If this is real, why haven’t I heard of this before?” “My lawyer/financial advisor/ accountant/tax person/banker/best friend/fill- in-the-blank never said anything like this…”

Well, here you are. Reading The Reporter. So now you know. No excuses. The Reporter is here to provide information, insight, inspiration. Now it is your turn. To ignore the message. Invite poverty. Or get the freely offered information. To make wise decisions about your life. And that of your loved one.

NO POVERTY. NO CHARITY. NO WASTE.
It is not chance. It is choice. Your choice.

Get Information Now. (800) 317-2812

June 27, 2022

Fish Gotta Swim, Birds Gotta Fly, Writers Gotta Write

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Clanging For 65 Years!
(Not Edited For Spelling Or Punctuation Or Anything Else) (Warning: Not Legal Advice!)

Though I Speak With The Tongues Of Men And Of Angels, And Have Not Charity,
I Am Become As Sounding Brass, Or A Tinkling Cymbal.

—1 Corinthians 13:1

Question: Would an adult child be responsible for an elderly parents’ nursing home expenses?

A low income, elderlycouple (85+) have been living independently for over 20 years. Their adult child (not an in-state resident ) provided their living expenses for the past 20 years. Due to illness, the adult child is only able to provide very limited living expenses for them.

In 2021, they both were hospitalized due to life threatening illnesses. They do not have any relatives in state and do not have money. At a doctor’s request, adult protection services and some social workers helped them move into a nursing facility due to their low-income status.

One person is qualified for Medicaid. The other one is not.

However, they do not have any money.

The question is, would the adult child be responsible for their elderly parents’ nursing facility medical and living expenses?

Short Answer: Maybe. Most states have filial responsibility laws that impose financial responsibility for parents on the kids. But not in Michigan. Used to be that if your parent wound up in the Kalamazoo Psychiatric Hospital (known at its opening in 1859 as the Michigan Asylum for the Insane), you would get the bill. But not anymore. In Michigan.

Most states do not enforce their filial responsibility laws, but Pennsylvania is an exception. A recent appellate court ruling upheld the constitutionality and enforceability of the law. And Pennsylvania does come after the kids. Sometimes.

Long Answer: Beware when you “sign in” your parent to a nursing home or other facility. At least glance at the papers before you sign them. Better yet, read them. Even better, have your friendly, neighborhood elder law attorney take a gander before you sign.

Back in the day, it was not at all unusual to find a personal guarantee of fees buried in the mound of paperwork that the facility asked you to sign. And people did sign them. And facilities did enforce them. And it was a mess. Which is probably why the practice has pretty much died out. But not entirely, so buyer beware. Or get a little elder law assistance.

When long-term care costs $200-850/day (that is per day!), can you afford to just sign everything?

Imagine you are placing a loved one in a residential care facility. Do you think it is easy? Easy for the loved one? Easy for you? Most folks get overwhelmed. Crushing need for help and inability to provide care at home. Anger and frustration of the loved one. Guilt and helplessness of the caregiver forced to take this drastic step. And how do we break the promise: “You’ll never to to a nursing home!” Does it matter that you made that promise without knowing the reality of 24-hour, 7-day, 52-week care?

No wonder people sign documents without understanding what they are reading. Perhaps it might be helpful to have someone who has been down this path before…

Question: My boyfriend of 10 yrs just passed and now I got 30 days to get out it just don’t seem right. Is this how it is?

I was working he needed me at home. Before we could look in to caregiving he passed. His sister is 50% on the deed… something like that. So I got 30 days to get out 10 yrs of my life peacefully and she will give me his car and 2500$ I guess that’s the way they do it.

Short Answer: It is harsh to say, but you are probably not entitled to the money or car. Some states have “common law” marriage or “palimony.” In those states, you might have a claim. But not in Michigan.

Long Answer: Seems like sister is “on the deed”, maybe as joint tenant. Since you are definitely not on the deed, you have no title.

Michigan takes a hard line on marriage. Either you are married, with license and ceremony, or you are not. Marriages that were contracted in other states or territories that were valid in those locations are recognized and given effect in Michigan. But that is as far as it goes.

You probably received a 30-day Notice To Quit. This document is the first step in eviction. You may comply and leave, or fight the eviction or force the sister to go through the entire process. There are several ways this could go.

First, you up and leave. You get the car and the money.

Second, you fight. Not sure what basis you have for fighting, so the judge may get annoyed and assess damages for frivolous defenses. Plus you have lost the car and the money.

Third, you insist on every step of the eviction process being followed exactly. This may slow things to a crawl. Or you may get a judge who briskly moves cases through. Eventually, you will be forced to leave. And you may lose the car and money.

Marriage has consequences. Like inheriting property. Like entitlement to spousal share rights. Marriage is not a bed of roses and if it were, you’d find plenty of thorns. But there are benefits to marriage as well. Something to bear in mind.

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

You Don’t Need A Weatherman To Know Which Way The Wind Blows

Nostalgic For The Good Old Days Of Jimmy Carter? Me Too.

More good news from our friends at the Bureau of Labor Statistics! Consumer Price Inflation is setting new 40-year records. Again.

Energy prices are up. Way, way up. And that’s easy to solve. Simply stop driving anywhere. Stay at home. Problem solved.

Now that summer is finally here, you may wish to turn on your air conditioning. Do not. Your cost of cool is up 35%. Fortunately, sweat is still free. And it is all natural. Probably gluten-free, too. So, stay home, in the dark, with the air conditioning off. It is the New American thing to do.

Also, you can forget about going to the pool. No lifeguards. According to that paragon of virtue, National Public Radio: “the National Recreation and Parks Association says 8 out of 10 parks and rec departments can’t find enough staff.” “Tens of thousands of pools across the country are closed…”

Everybody complaining about gas prices. Is that the worst? No. Gas prices are not the worst part. So what is the worst? Since you have not read or heard it anywhere else, it falls to your Elder Law Reporter to point out the worst. Food Inflation. Food Inflation is in double-digit territory. Food costs 10.1% more now. You can stay home and save gas. Can you stay home and not eat? For how long?

Little Orphan Annie said, “The sun’ll come out tomorrow, bet your bottom dollar that tomorrow, there’ll be sun!”

Little Orphan Annie has not been watching the Producer Price Index.

Every time you go to the store, you experience the Consumer Price Index. The CPI is how the government measures misery today.

Future pain is predicted by the Producer Credit: Pacific Comics Club Price Index. The PPI measures wholesale inflation, before it gets to your local store. Wholesale inflation is once again at a 40-year high. 16.6%.

Did you think 10% Food Inflation was bad? How about 16.6%?

That is what’s coming tomorrow.

Hey Annie! Wake up and smell the coffee! Whoops, according to the Wall Street Journal, thanks to “extreme weather and supply-chain disruptions,” we have a coffee shortage and prices are up 76%. Yeah, we got a chart for that.

Homebuyers! Do not feel left out. Home mortgage interest rates are still climbing, according to Freddie Mac (formerly known as the Federal Home Loan Mortgage Corporation):

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

What’s It All About? Six Keys To Happiness

How do you survive when the best-case scenario is: Horrifically Worse Than Jimmy Carter, But At Least No Thermonuclear War? Follow the Six Steps:

Stay home. Do not move about. Do not turn on the A/C. Do not eat. Do not buy another house. Do not look at your investments. Easy!

Is traditional trust planning failure a scam…
Your Estate Plan Is A Death Trap
Or Can It Be Explained By Incompetence And Indifference?

Traditional estate planning is supposed to avoid probate, save taxes, and dump your leftover stuff on your beneficiaries. After you die. Nobody cares what happens to you while you are alive. How does that help anyone? Stupid.

Traditional estate planning fails because the overwhelming majority of us will need long-term skilled care. 70% of us. For an average of 3 years. And we will go broke paying for it.

Is it surprising that thousands of recreation properties: cottages, cabins, hunting land, are lost to pay for long-term care? Why is your estate planner hurting you and your family? It is evil intent? Or stupidity?

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

When my mother suffered from the dementia which led to her death, over 10 years ago, their estate plan preserved their lifesavings. Mom’s months in the nursing home did not mean Dad’s impoverishment. Dad spent the last years with security and peace of mind.

Is Now A Bad Time For A Real Solution?

Perhaps you think you already have an answer to this problem. Maybe you do not see this as a problem at all. It is possible that you do not believe in the passage of time or its effects on you.

Peace of mind and financial security are waiting for everyone who practices LifePlanning™. You know that peace only begins with financial security. Are legal documents the most important? Is avoiding probate the best you can do for yourself or your loved ones? Is family about inheritance? Or are these things only significant to support the foundation of your family?

Do you think finding the best care is easy? Do you want to get lost in the overwhelming flood of claims and promises? Or would you like straight answers?

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

The LifePlan™ Workshop has been the first step on the path to security and peace for thousands of families. Why not your family?

NO POVERTY. NO CHARITY. NO WASTE.
It is not chance. It is choice. Your choice.

Get Information Now. (800) 800317-2812

June 17, 2022

It Is Not That Hard To Figure Out That The American Middle Class Is Getting Shafted

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Just The Facts Ma’am. All Good Stuff Without Bad Fluff

Is The World Changing? What Can You Do To Succeed?

You yourself are getting older. You expect to live longer. And healthier. Than any generation ever. In the history of the world. And you are correct. Has there ever been a generation quite like this one? Higher expectations. Greater achievement. Self-confidence. Ambition. Generosity.

Thanks to you, America is getting older. We grew up in an era of large families. Today a large family is three. Many of your kids have no kids. Maybe one or two. How often do you see a family of five? Youngsters are a shrinking slice of the population pie.

As folks get older, they have greater needs. No surprise. Physical and mental capabilities decline. It happens. But not at age 60 or 70, anymore. However, when we get to our mid-80’s, about half of us are going to need a hand. Who will be there to lend the hand?

Nurses are sick. And tired. Sick and tired of nursing. Hundreds of thousands have left the profession. Despite high pay. And bonuses. Other caregivers are under stress too. Good help is hard to find. My father had 8 kids (and a long-suffering son-in-law). Willing and able to spend 2-to-4 week turns with our active, ornery, mentally alert, Dad. For the last two years of his 96 years on this planet. How many of us have that many kids? How many are able? How many are willing? Who will fill the gap? How will those caregivers be paid?

Prices are going up. Way up. Way way up. No one should be fooled by the three-card monte scam being run out of Washington, D.C. Inflation is not just gasoline. Inflation is not just “transitory.” Or the Russians’ fault. Or the “supply chain.” Inflation destroys savings. Your savings. You thought you had enough to pay the caregivers. Maybe you should think again?

Is this tiresome and boring? After all, everybody knows these things. You know this is the truth. Go to the gas station or grocery store. Talk to your friends and neighbors, at church or the club. Why deny the evidence of your own eyes? And wallet?

Pathetic politicians and profiteering professionals pretend nothing has changed. Same old, same old. Their ideas failed when everything was easier. That’s all they’ve got. No new thinking. No response to the changing world.

Retreads. Like Russia hauling 60-year-old tanks out of cold storage to keep invading a country that is armed with modern weapons Anything to keep playing the old game. Blind stupidity: failed with our new stuff, so let’s fail again with our old stuff. Keep up the charade long enough to fleece another few suckers. Why does anyone fall for it?

Can’t we be brutally honest? Can’t we look around with clear eyes, good hearts, and a fierce determination to keep our independence, our right to choose our lives, and to make a better world for our families? Who says we must accept decline? Who says we must put up with this nonsense? Who says we must follow the well-trod path? Can’t we choose the “road less-taken”? You have forged your own way through this life with grace, compassion, and generosity, why stop now?

Just a few pebbles start a landslide. A little snowball launches an avalanche. Small changes in thinking about your future, acting and planning for your life to come, can change everything over time. Are you opposed to making the next 10, 20, 30 years the best they can be? Are you against securing your own future and that of your family? Do you believe that “Ignorance is Bliss”? Do you reject that “Knowledge is Power”?

No one would blame you for thinking this is all a lot of blather. But everything above is backed up by the facts. Laid out below. You don’t need clever talk. Just the facts. And here they are:

You Are Going To Be Around A Lot Longer Than You Think

Doesn’t everybody know Americans are living longer? Murder rates are up, but that’s mostly 20 to 30-year-olds killing other 20 to 30-year-olds. COVID, the Elder Plague, did kill more older folks. From 2020 to 2021, an extra million Americans died. Blip.

However, the overall trend to longer life continues. And that means you. You are living longer. Good for you. Right? Why shouldn’t you plan to live until 80? 85? 90? Or more? Get used to it, you are living longer. And so are your friends and neighbors.

If people are living longer, will they need more resources? If you are living longer, will you need to make your own savings last longer? Or will you happily accept poverty? Or a government handout?

There Will Be A Lot More Older Folks In America And Fewer Young Ones

Everybody knows, as life expectancies increase, there are more and more older Americans. Despite the Elder Plague of COVID, which overwhelmingly killed older folks. And given the lower birth rate, not only will there be more seniors, but seniors will be a greater proportion of the population.

It is unusual, but sometimes government information confirms common sense.

Isn’t it simple math: if older retired folks make up a larger and larger percentage, then younger, working people must be a smaller and smaller slice of the population pie?

You Are Not Getting Older, You Are Getting Better!
Up To A Point About Age 80, Then You Fall Off The Cliff…

Modern medical miracles are miraculous. But we all know that as we age, various things start to become troublesome. As lifetimes increase, there are more and more older Americans. Is it crazy to think that as there are more and more older Americans, there might be more and more disabled Americans? That’s what the numbers say.

Where Have All The Nurses Gone?

Is anyone surprised that as more Americans need more nursing assistance, we will look to America’s nurses? But where have all the nurses gone? Even now, historically high wages, signing bonuses, premium pay, special benefits, and a smorgasbord of other goodies cannot keep nurses nursing.

Hundreds of thousands have dropped out of the profession in the last few years. Only 41% of practicing nurses are committed to remaining in service. 27% saying it was “very unlikely” they would quit. 14% flatly stated that they were “not leaving.” The rest range from “definitely leaving” to “somewhat unlikely” to depart.

When you need a nurse, who will be there? When you need a caregiver, who will answer the call? And how much will you have to pay? Can you?

Source: McKinsey November 2021 Frontline Workforce Survey

Inflation – Bad And Getting Worse. Much Worse

Gone to the gas station or grocery store recently? Then you already have the bad news on inflation. Prices going up, up, up. It is not an illusion. Hard at work spending your tax dollars, the Bureau of Labor Statistics provides the following melancholy reminder that your consumer dollars are melting away like snowflakes on a hot griddle.

And that is bad. What is worse, is the next chart. Take a look!

What is worse than prices at the pump skyrocketing? Future prices streaking to the stratosphere, that’s what! Thanks to the geniuses in Washington, you are already paying lots more than last year for your stuff. About 8.5% more. What about next year?

The “Producer Price Index” shows what raw materials cost. How do you manufacture finished goods? You start with raw materials. Raw materials now cost 16.3% more than a year ago. Do you believe that inflation is going away? Do you believe that the geniuses have it all under control? Do you believe in the Easter Bunny, the Loch Ness Monster, and the Lost City of Atlantis?

If everything is more expensive, will the costs of long-term care be more expensive? Is it ridiculous to think that ignoring the devastation of inflation will ruin your retirement?

Secure Your Future, Avoid Nursing Home Poverty

Too much brutal honesty? Don’t want to see with clear eyes, good hearts, and a fierce determination to keep your independence? Choose your own life? Make this a better world for your family?

Must you accept decline? Must you put up with this nonsense? Why should you follow mindless path? Why not choose the “road less- taken”? Having forged your own way through this life with grace, compassion, and generosity, why would you stop now?

Why are you opposed to making the next 10, 20, 30 years the best they can be? Why are you against securing your own future and that of your family? Why do you believe that “Ignorance is Bliss”? Why reject that “Knowledge is Power”?

Why not come to a LifePlan™ Workshop? What do you have to lose? Besides everything?

Letters, We Get Letters!

Lady Byng Trophy* Withdrawn Marquess Of Queensbury Rules** Repealed And Anonymous Emails Too!

What, Me Throw Stones? Challenge Accepted!

We like to think we are genteel, well-mannered, calm, “with the milk of human kindness by the quart in every vein.” Shattering this self-delusion, a dear anonymous email correspondent recently suggested that your Reporter must live in a stainless-steel abode. After all, was not The Reporter throwing too many stones for his own good? Probably meant as a gentle warning. Food for thought!

On the other hand, as John Bunyan observed in 1650: “He that is down needs fear no fall, He that is low no pride…” With a lively appreciation of The Reporter’s own faults, foibles, and failings (multitudinous!) therefore, we soldier on. Without fear or favor!

*Annually, the Lady Byng Trophy is awarded to the National Hockey League player best exhibiting “sportsmanship and gentlemanly behavior.”

**In 1867, the M of Q Rules for boxing were intended to reduce death and maiming of English pugilists. Mike Tyson unavailable for comment.

Avoid Probate, Save Taxes, Get To Kids?
Traditional Planning Is Death Planning
And When You Die Broke, Drained By Long-Term Care, Probate Is Irrelevant

Traditional estate planning is supposed to avoid probate, save taxes, and dump your leftover stuff on your beneficiaries. After you die. Nobody cares what happens to you while you are alive. How does that help anyone? Stupid.

Traditional estate planning fails because the overwhelming majority of us will need long-term skilled care. 70% of us. For an average of 3 years. And we will go broke paying for it.

Is it surprising that thousands of recreation properties: cottages, cabins, hunting land, are lost to pay for long-term care? Why is your estate planner hurting you and your family? It is evil intent? Or stupidity?

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

When my mother suffered from the dementia which led to her death, over 10 years ago, their estate plan preserved their lifesavings. Mom’s months in the nursing home did not mean Dad’s impoverishment. Dad spent the last years with security and peace of mind.

Is Now A Bad Time For A Real Solution?

Perhaps you think you already have an answer to this problem. Maybe you do not see this as a problem at all. It is possible that you do not believe in the passage of time or its effects on you.

Peace of mind and financial security are waiting for everyone who practices LifePlanning™. You know that peace only begins with financial security. Are legal documents the most important? Is avoiding probate the best you can do for yourself or your loved ones? Is family about inheritance? Or are these things only significant to support the foundation of your family?

Do you think finding the best care is easy? Do you want to get lost in the overwhelming flood of claims and promises? Or would you like straight answers?

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

The LifePlan™ Workshop has been the first step on the path to security and peace for thousands of families. Why not your family?

NO POVERTY. NO CHARITY. NO WASTE.
It is not chance. It is choice. Your choice.

Get Information Now. (800) 317-2812

June 6, 2022

Tag Archive for: lifeplanning

SEVERAL YEARS AT BERNIE’S?

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NO GOOD DEED GOES UNPUNISHED

How Did It All Go So Wrong, So Quickly?

Is Now A Bad Time For A Real Solution?

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Fit-As-A-Fiddle First Financier Fabricates Forgiveness

To Err Is Human, To Forgive $540,000,000,000 Is Divine

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Slight Typographical Error In Above Story

Your Lifesavings Imploding At $12,000 Per Month

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The LifePlan™ Workshop has been the first step on the path to security and peace for thousands of others. Why not you?

What Is That Sizzling Sound?

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Is Now A Bad Time For A Real Solution?

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Justice For Camp Lejeune Marines, Staff, Trainees

Congress Does Something Right For A Change!

Call me. (800) 317-2812

Can a guardian evict/kick someone off of a property the guardian has no rights over?

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Vaporized Like A Snowflake On A Hot Griddle

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NO POVERTY. NO CHARITY. NO WASTE. It is not chance. It is choice. Your choice.

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Is Now A Bad Time For A Real Solution?

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Nostalgic For The Good Old Days Of Jimmy Carter? Me Too.

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

Dedication, Devotion

Too Good To Be True?

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

And That Has Made All Of The Difference

Pride Goeth Before A Fall

I Have Finished The Course, I Have Kept The Faith

The Difference

Not Chance, Your Choice

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Question: Would an adult child be responsible for an elderly parents’ nursing home expenses?

Question: My boyfriend of 10 yrs just passed and now I got 30 days to get out it just don’t seem right. Is this how it is?

You Don’t Need A Weatherman To Know Which Way The Wind Blows

What’s It All About? Six Keys To Happiness

Is traditional trust planning failure a scam… Your Estate Plan Is A Death Trap Or Can It Be Explained By Incompetence And Indifference?

Is Now A Bad Time For A Real Solution?

NO POVERTY. NO CHARITY. NO WASTE. It is not chance. It is choice. Your choice.

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Is The World Changing? What Can You Do To Succeed?

You Are Going To Be Around A Lot Longer Than You Think

There Will Be A Lot More Older Folks In America And Fewer Young Ones

You Are Not Getting Older, You Are Getting Better! Up To A Point About Age 80, Then You Fall Off The Cliff…

Where Have All The Nurses Gone?

Inflation – Bad And Getting Worse. Much Worse

Lady Byng Trophy* Withdrawn Marquess Of Queensbury Rules** Repealed And Anonymous Emails Too!

What, Me Throw Stones? Challenge Accepted!

Avoid Probate, Save Taxes, Get To Kids? Traditional Planning Is Death Planning And When You Die Broke, Drained By Long-Term Care, Probate Is Irrelevant

Is Now A Bad Time For A Real Solution?

NO POVERTY. NO CHARITY. NO WASTE. It is not chance. It is choice. Your choice.

Get Information Now. (800) 317-2812

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NO POVERTY. NO CHARITY. NO WASTE.
It is not chance. It is choice. Your choice.

NO POVERTY. NO CHARITY. NO WASTE.
It is not chance. It is choice. Your choice.

Guardian, Conservator, Probate:
What Is It All About?

NO POVERTY. NO CHARITY. NO WASTE.
It is not chance. It is choice. Your choice.

NO POVERTY. NO CHARITY. NO WASTE.
It is not chance. It is choice. Your choice.

Is Traditional Trust Planning Failure A Scam?
Why Is Your Estate Plan A Death Trap
Can Widespread Failure Be Explained By Incompetence And Indifference?

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

NO POVERTY. NO CHARITY. NO WASTE.
It is not chance. It is choice. Your choice.

Is traditional trust planning failure a scam…
Your Estate Plan Is A Death Trap
Or Can It Be Explained By Incompetence And Indifference?

NO POVERTY. NO CHARITY. NO WASTE.
It is not chance. It is choice. Your choice.

You Are Not Getting Older, You Are Getting Better!
Up To A Point About Age 80, Then You Fall Off The Cliff…

Avoid Probate, Save Taxes, Get To Kids?
Traditional Planning Is Death Planning
And When You Die Broke, Drained By Long-Term Care, Probate Is Irrelevant

NO POVERTY. NO CHARITY. NO WASTE.
It is not chance. It is choice. Your choice.