Tag Archive for: mark twain

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“If Voting Changed Anything, They’d Make It Illegal”

Democracy Is The Theory That The Common People Know What They Want, And Deserve To Get It Good And Hard
H. L. Mencken

Good Judgment Comes From Experience, And A Lot Of That Comes From Bad Judgment
Will Rogers

A Man Who Carries A Cat By The Tail Learns Something He Can Learn In No Other Way
Mark Twain

“A Week Is A Long Time In Politics”

Toxic Typo’s – Sinful Syntax – Poisonous Punctuation. And Still Not Legal Advice!

“Our House Is A Very Very Very Fine House” – Graham Nash

What legally binding forms are required/recommended to ensure a persons desire to leave a house to someone else after they pass?

We live with my mother in law and have for the last 18 years, she is getting up in age and has promised us her house when she passes. Her other children are not aware of this at this time. To avoid drama and conflict later her and I both agree something legally binding should be created now to avoid conflicts later. What exactly needs to be created or stated to ensure that the house is left to us per her wishes? Also if the forms are not created is there a natural procedure for who the house would be offered to (eldest child etc)? Thanks

What You Should Do: Fight. Fight. Fight. Mom expressed her desire that you take care of her business. Where the hell does brother get off challenging Mom’s wishes? At the next stop, that’s where! Going to probate court, seeking guardian/conservator when Mom already handled matters is bogus. And you can quote me on that. (Unless you are neglecting Mom and stealing her money).

Accurate Answer: Lawyer up. Call the lawyer who is filing these papers in Probate Court. Express your willingness to “go to the mattresses” until Kingdom Come. And be ready to endure a contested matter in probate court. It will suck. It will be expensive. It will be worth it.

“It Is A Wise Father That Knows His Own Child”- Shakespeare

Can parent in nurse care transfer asset to a disable child without penalty? does it need to be in a trust or can it be a gift?

Dad is in a nursing home and is currently spending down however one of his adult child is on SSDI can he transfer assets to his child on SSDI without penalty Thank you

General Answer: Most Medicaid programs for older folks, including the one that pays your Dad’s skilled nursing, will allow Dad to transfer assets to a disabled child. Usually such a transfer would be “divestment” and Dad would be heavily penalized. But since brother is on Social Security Disability, transfers to him will not be divestment.

Next Step: Do not make the transfer directly to brother. You know about his Social Security Disability Income. Is it crazy to think that brother may be on other government programs? Isn’t it likely? So, let’s not give him the money directly, but create a trust “solely for the benefit” of brother. No Direct Transfer. Transfer to Supplemental Needs Trust. Works Great and No Probate! Try It, You’ll Like It! You are welcome, sir!

“Out Damned Spot!” – Shakespeare

When the person dies I am taking care of in her daughter another house can I stay there ?
I do not have a lease from the person I am caring for. The person has a life estate in her house she gave to her daughter decades ago. When she dies I feel I should be able to stay in the house for 30 days at least till I find another place to live in. The daughter and myself are not on friendly terms and she refused to give a lease years ago. I have been a caretaker for the Mother 12 years?

Sad But True Answer: You can stay in the house only so long as it takes Daughter to evict you through the usual process. Expect to get a Notice to Quit – Termination of Tenancy as soon as your client dies. That document will give you 30 days to pack up and vamoose!
Hopeless, Helpless Situation: There is nothing that can be done about this now. The person you are caring for does not own the entire house. All she has (according to you) is a “life estate” in the house. That life estate dies when your client dies. And then daughter owns all. And you are looking for an apartment.

Hindsight is 20/20 Advice: Like most people, you do not like pushiness. You don’t push other folks around. And you don’t like to complain. That’s why you do not have future housing security. You are first in line to get the Bum’s Rush as soon as your client dies. You coulda, shoulda, woulda taken care of this a long time ago. Now you are dependent on daughter who does not like you.

Do you like anxiety? Does insecurity make you happy? Otherwise, when (if) mom needs long-term care, Medicaid will say she has been giving her money away. And Medicaid will hit mom with a penalty period. Not good.

 


 

Why Estate Planning Fails

If Trusts Avoid Probate…
And Special Real Estate Deeds Avoid Probate… And Beneficiary Designations Avoid Probate… Why Do We Need More Probate Judges?

And How To Make Yours Succeed

Seems like estate planning is all about avoiding probate. Financial advisors, lawyers, your brother- in-law… everybody full of good advice about how to avoid probate. And those poor dear probate judges! Nothing to do… out of work… unemployed… thing of the past…?

But then look at your Kent County ballot come Election Day. Lo and behold, they are creating a new probate judge. A desperately needed probate judge. To meet the rising demand for probate. Who’s getting rid of any probate judges? Nobody. Busier than ever. Need more. Adding them. Not kidding.

How can this be? Isn’t everybody’s avoiding probate? And still the probate courts are overworked and overwhelmed? Gee, do you think that maybe all that “avoid probate” stuff doesn’t really work? Why not?

Your estate plan will fail. Your estate planner claims to be avoiding probate, saving taxes, and delivering the leftovers to painlessly to your beneficiaries. And this fails. Fails so badly we need more probate judges.

Traditional estate planning fails for many reasons. A big one: 70% of us will need long-term skilled care. 70% of us. For an average of 3 years. And we will go broke paying for it.

Are you surprised that thousands of recreation properties: cottages, cabins, hunting land, are lost to pay for long-term care? Then probate feasts on the measly leftovers. Why is your estate plan so bad? Evil intent? Stupidity?

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

Should stroke, disability, dementia always lead to financial ruin? And the probate court? Are you happy to see your lifesavings evaporate? Thousands of LifePlan™ families know a better way.

If your loved one suffers from dementia that leads to death, should they die impoverished? Should the survivors live impoverished?

LifePlanning™ means your last years will be years of security and peace of mind.

Is A Real Solution A Bad Idea?

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

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

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

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

It all begins with the LifePlan™ Workshop. An hour or two that changes your family history. The first step on the path to security and peace. Why not your family? Why not you?

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

Get Information Now. (800) 317-2812

Let Your ‘Yes’ Be ‘Yes’, Let Your ‘No’ Be ‘No’. Anything Else Comes From The Evil One
— Matthew 5:37

The Facts Concerning The Recent Carnival Of Crime…

In June 1876, The Atlantic Monthly published a short story by Mark Twain: “The Facts Concerning the Recent Carnival of Crime in Connecticut.” Twain portrays the narrator’s conscience as a shriveled, moldy gnome who delights in torturing the man with feelings of guilt and remorse. The narrator eventually seizes his conscience and rips it to shreds. Having destroyed his sense of right and wrong, he proclaims, “You behold before you a man whose life-conflict is done, whose soul is at peace; a man whose WITHOUT A CONSCIENCE!” Joyously, he engages in the Carnival of Crime. Including 38 murders and arson of a neighbor’s house. Not to mention “swindl[ing] a widow and some orphans out of their last cow, which is a very good one, though not thoroughbred, I believe.”

Today, 145 years later, some people have taken Mark Twain’s “Carnival” story as a challenge, not a warning. Our schools, colleges and universities have spawned a sprawling empire of injury. Poseur intellectualistic charlatans preach a depraved gospel of grievance, greed, and entitlement. Popular media proudly and industriously spread the resentment poison. Weak, wishy- washy, gutless and vain, community and church “leaders” cower from conflict. Truth sacrificed on the altar of cheap vaporous popularity. They lie. Say things they know are not true. Shrink from honesty, run from the light. A nest of vipers, they camouflage evil with a deceptive veneer.

Have you forgotten the fairytale of Hansel and Gretel? Abandoned, starving children find a wondrous house made of delicious bread, cakes, and candy. Unfortunately, the Gingerbread House is a snare to attract and trap innocent children. Hidden inside, the evil witch lurks to catch, roast, and devour them. Through luck, bravery, and intelligence, the clever kids boldly destroy the witch. They escape the enticing fraud. Welcomed home to the modest woodcutter’s cottage, they live happily ever after. No magical Gingerbread House with sham promises concealing ultimate destruction. Ordinary life, ordinary joy.

Is it ridiculous to think that our society may have fallen into the Gingerbread House trap? Is it unexpected that a materialistic culture promising everything to everybody all the time might lead to frustration, envy, and selfish anger?

Did you miss the news that roving bands of shoplifting punks have forced San Francisco drug stores to close? Did you fail to notice that well-dressed, well-fed smash and grab gangs looted luxury handbags and jewelry from mall stores? Then escaped in their own cars. Their own cars.

Are we talking about hungry folks forced to steal a crust of bread? Are these street urchins with rags on their backs, who have worn holes in their shoes walking to school?
When asked for charity, hard-hearted Ebenezer Scrooge replied, “Are there no prisons? Are there no workhouses?” But. That was a couple hundred years ago.

Today, we will spend over 750,000 tax dollars to provide Bob Crachit with 2 bedrooms of “affordable” housing. In San Francisco. The rest of California is a bit cheaper. (In fact, it is much more, that chart is from 2 years ago!) “Feeding America”, one of many food charities, runs 60,000 food pantries. There are 8 major federal food
programs. And countless state relief agencies. Billions of dollars are spent annually. How far are you, right now, from a food pantry?

Grocery stores do not get the smash and grab treatment.

What is going on? Bandits do not steal to eat. Or for nice clothes. Or for automobiles. Or TVs. Or cell phones. They already have all that stuff. For free. These scroungers steal luxury goods. Luxury. Only the best. Fancy leather wallets and handbags. Ridiculous watches. Gaudy jewelry. Would you buy any of this stuff? We cannot afford it, so we would have to save a long time. And think even longer. What is this entitlement, get- mine sickness? Who has the cure?

Is Ignoring The Problem The Best Solution?
Will It Go Away If We Shut Our Eyes?
Shall We Pretend Everything Is All Just Fine?

Should you keep ignoring the problem? Is now a bad time to wake up and smell the coffee? Are you opposed to making our world, your neighborhood, a better place? Is it ridiculous to believe in basic values like, trust, loyalty, courtesy, kindness, thrift, and bravery? Are we fools to be helpful, friendly, cheerful, and reverential? Are you against an America that works for everyone because everyone capable of working works? Have you given up on the American Dream? Have you given up on your own ambition to live your life well and to be a blessing to your family?

It Is Possible To Hate Without Loving.
But Is It Possible To Love Without Hating?

Like you, I find that statement difficult to believe. Nevertheless, we must embrace all truth, whether comfortable and gratifying, or awkward and embarrassing. On reflection, it seems obvious and inescapable that there are some people who do not love, but merely hate. It also seems to me that the people who take the risk of love, also accept the responsibility of hate. So, in the interests of restoring some balance:

I hate cheating, but I love competition and fair play.
I hate money grubbers, but I love financial independence.
I hate government handouts, but I love getting something back for all the tax dollars I have paid in.
I hate getting old, but I love getting up in the morning.
I hate freeloaders, but I love cooperating with other hard-working people to achieve mutual goals.
I hate noisy, grasping, bossy, phony, hypocritical politicians, but I love public- spirited citizens willing to accept office and serve the rest of us.
I hate stupid rules and regulations imposed by ignorant idiots masquerading as super experts, but I love commonsense laws that make life better for everyone.
I hate grinding poverty, but I love the chance to work hard and make the world a better place.
I hate mean people, but I love charitable folks, giving generously of themselves, their time and treasure.
I hate blamers, whiners, complainers, Gloomy Gus and Debbie Downer, who sit on their lazy keisters hypnotized by TV and finding fault with everything that happened over the last thousand years of human history, but I love cheerful men and women who GIT R DONE!

I hate slovenly slugs who won’t make their own bed, wash the dishes, fold the laundry or practice basic personal hygiene, but I love doers, workers, laborers, and peasants (because near as we can figure, all my ancestors were serfs and “of the land”) (except for a few mercenaries).

I hate bitter resentful infantile complainers who won’t raise a finger to help but will happily raise a brick to throw at police officers, court houses and through windows, but I love younger people facing challenges and meeting needs with grace and dignity.

I hate long-term care that evaporates lifesavings, robs dignity and fails to meet real needs, but I love supportive skilled home care that assists folks in their own homes, lets them enjoy the rewards of their working years, and allows leftovers for the kids.

I hate nursing home poverty, but I love planning that secures lifesavings while meeting real needs. Care that you have already paid for. With your tax dollars. Over your working life.

What do you hate? What do you love? It is up to you.

Wherefore, By Their Fruits Ye Shall Know Them

Even so every good tree bringeth forth good fruit; but a corrupt tree bringeth forth evil fruit. A good tree cannot bring forth evil fruit, neither can a corrupt tree bring forth good fruit. Every tree that bringeth not forth good fruit is hewn down, and cast into the fire. Wherefore by their fruits ye shall know them.
— Matthew 7:17-20

Is Nursing Home Poverty inevitable? I’m letting you know that you do not have to lose your home, cottage, business, lifesavings, independence, security. Do you choose to give up everything you have earned? Is it ridiculous to think that someone who has been working on issues like this, for people like you, might have figured out a few things? Does it make sense to rely on “My lawyer/financial advisor/ accountant/tax person/banker/best friend/fill- in-the-blank” when none of them have ever pursued a Medicaid application? Let alone succeeded with over 2000.

Well, here you are. What do you think? Is it wise to choose failure? Will you have more choices with less money? Will your spouse be better off with fewer assets?

It is not chance. It is choice. Your choice.
Get Information Now. Call (800) 317-2812