GOING POSTAL! Like Seriously, This Really Happened, Not Making It Up!
Tag Archive for: michigan
Let’s Learn From The Misfortunes Of Others! Short, Snappy Answers
Ronald Reagan Wisdom Never Gets Old. The Gipper Fixed Airline Travel, Why Not Legal Services?
Neither Snow Nor Rain Nor Heat Nor Gloom Of Night Will Make Us Correct Spelling Or Grammatical Errors
(Sprightly Commentary That Is Not Legal Advice!)
I have been living in a family home, caring for a parent and grandparent for 19 years. Can I get compensated monetarily?
In 2003, I received a phone call from my mother in distress, stating she would have to put my grandmother in the nursing home because it was too much for her to take care of. I liquidated my assets, relocated, and moved into my grandmother’s home till she passed. A few years passed, my mother’s husband died, and I was asked to move into her home to help take care of the property. She was diagnosed with cancer, so it was assumed my responsibility to carry on caregiving. I have never been paid for service or compensated. I have not paid rent. By law can I get financially compensated?
Virtue Had Better Be Its Own Reward
Are all good-hearted people puddin’ heads? Surely not! But what person with common sense would abandon their own path in life to serve family members? A kind and generous person, of course. Kindness and generosity are wonderful traits. But so are practicality, prudence, and planning.
An individual sacrificing their own life choices can be truly noble. At least at the beginning. Our letter writer is now learning a bitter 20-year lesson. Caring for grandma and mom does not contribute to the Individual Retirement Account. Nor does it help you with Social Security. Last I checked, the Mom & Grandma Pension Fund was also out of business.
“I have never been paid for service or compensated.” What?! Do you wonder what our writer has been doing for “spending money” these last 20 years? Me too.
Will this story have a happy ending? Do not count on it.
“By Law Can I Get Financially Compensated?”
No. Not a brass farthing. Not a penny. You care for a loved one. Why? Because you love them. Did you do it for money? No. You did it for love. And the Law will hold you to it. You cannot convert a love relationship into a commercial relationship. When you care for a loved one, the law presumes that you are doing so because you love that person. End. Of. Story.
And if Mom or Grandma does pay you? Medicaid will whack them with a PENALTY when they need help with long-term care. Unless you meet the stringent Medicaid requirements for a personal care contract. Which you will not meet because you did not even know that there were such things as Medicaid Personal Care Contracts.
When you care for your parent or grandparent, be sure to have a contract. Your friendly, neighborhood elder law attorney can help. Maybe you can avoid Medicaid penalties. At least you’ll get paid. Eventually. The contract must be in writing. The contract must state the terms of the agreement. The contract must be signed, sealed, and delivered before the services are provided. The contract cannot be signed via Power of Attorney when the caregiver is also the Agent under the Power of Attorney.
But you didn’t do that this time. Better luck next time! Would it be a bad idea to talk with an elder law attorney?
What’s Next?
Maybe your siblings will let you stay in the house. They often do. Maybe your siblings will evict you and sell the old homestead. They often do. You will get your piddling share. Good luck living on those crumbs. Occasionally, brothers and sisters may give you more than an equal share. And that’s nice. But can you count on the generosity of your overworked, underpaid, and extremely busy siblings? Siblings who have bills of their own? You decide, but I doubt it.
But I Want To Take Care Of My Loved Ones!
If you really want to take care of your ailing loved ones, you are in a shrinking minority. Fewer and fewer people are motivated by pure love or guilty obligation anymore. Not so long ago there was a “sandwich generation”. Trapped between caring for parents and caring for little kids, the sandwich generation did double duty. Such family service was expected. Caring for older relatives was assumed. Having kids was no excuse. And spouses offered at least lukewarm support.
Those days (in my experience) are gone. COVID accelerated the process, but it was already happening. Paid care is the way we do it today. Can you get compensated? Yes if you follow the 3 P’s: Practicality, Prudence, Planning. Your elder law attorney can help!
I have a question about Medicaid requirements for my mother who is likely going to assisted living in the near future?
My mother is 81 and psychiatric. She recently became ill… The evaluation of her so far indicates that she’s going to need 24 hour care. She is a widow… Her income level is and always has been under the threshold to qualify for Medicaid (currently $2392.81) and the only other asset she has is her house. I am joint on her checking and savings account as I have been handling all of her bills for the last five years or so. At least half the 115 thousand miles that I have on my vehicle, have come from caring for her, including picking up and administering medication’s, doctors appointments, groceries, meals and so forth. I have paid for expenses in those cases from her account as required. Given that her income level is under the Medicaid threshold regardless , is Medicaid still going to potentially penalize and disqualify her from assisted living?
Who Says Kids Don’t Care? Oh, That Was Me…
Two letters from loving, caring, self-sacrificing kids. Gives you hope. Restores your faith in human nature. And looks like this child caregiver steered clear of the hazards.
2023 Medicaid Income Limit: $2742/Month
There is no Michigan income limit for skilled nursing home Medicaid. Does not matter how much income you have, you can qualify for skilled nursing home care, so long as the care costs more than your income.
There is a Michigan income limit for at-home care and for assisted living care. In 2023, that limit is $2742 per month. Before deductions for Medicare or taxes or insurance.
So. If your gross monthly income is greater than $2742, Medicaid will only pay for skilled nursing care in a skilled nursing facility, i.e. a nursing home. That means Medicaid will not pay for assisted living or at-home care such as the Program of All-inclusive Care for the Elderly (PACE). Our writer’s mom qualifies for assisted living Medicaid, on the income test, for Medicaid. That is because $2392.81 is less than $2742.00. If mom’s gross income was more that $2742, there is no way for mom to qualify for assisted living or at-home care Medicaid. In Michigan. NOTE: In almost all other states in the USA, folks can create a “Miller Trust” or “Qualified Income Trust” to reduce their income. This allows them to qualify for Medicaid benefits and stay home. Or go to assisted living. But not in Michigan. Too bad. So sad.
Income Looking Good… What Else Could Go Wrong?
If mom has given you money, that is a problem. If you have used mom’s money to pay mom’s expenses, that is NO problem. What has me worried (or at least curious) is your statement:
At least half the 115 thousand miles that I have on my vehicle, have come from caring for her, including picking up and administering medication’s, doctors appointments, groceries, meals and so forth. I have paid for expenses in those cases from her account as required.
Many times children caregivers will spend their own money on mom’s groceries, meals, and so forth, then get reimbursed by mom. It does not matter than you took notes or saved receipts. That method creates divestment penalties. That is bad. The better way is to use mom’s debit card or check book to buy her stuff. It is very clear that when mom’s money is used to buy mom’s stuff, there is no problem. But.
What if mom’s money is used to buy stuff for the child caregiver? That is bad. That is a divestment. That creates a penalty period. How many meals were for mom? Were the caregiver’s groceries purchased with mom’s debit card? Mom paid for gasoline. Was all the gasoline used in pursuit of mom’s errands? These are the sort of awkward questions that the Medicaid caseworker may raise. What if the answers are unsatisfactory? Mom will be penalized. Always a good idea for your super expert elder law attorney to take a sharp-eyed look at mom’s Medicaid application before you submit it. And the best bet is to get assistance every step of the way.
Avoid Nursing Home Poverty
You can get long-term care benefits without going broke. Medicaid wants you broke. But you do not have to accept what Medicaid wants. You can protect what you have earned. Here’s how:
How Medicaid Works
What If You Give Away Your Stuff?
What if you give away your stuff and then apply for Medicaid benefits? Medicaid will say, “We will not help you. You had stuff and gave it away. And so we will not pay.” This is called the “Penalty Period.” Medicaid will excuse itself for a period of time. The more you gave away, the longer Medicaid will not pay. Right now, for every $10,000 you give away, Medicaid will not pay for a month. Give away $120,000, Medicaid will not pay for an entire year! But then Medicaid will pay.
In the meantime, while Medicaid is not paying, the nursing home is suing you. And your kids. And your friends, And your first-grade teacher. And anyone else you gave stuff to. You thought you could keep the house? Ha-ha. You thought you could keep an automobile. Yuk-yuk. Whoops! Funny thing, though. What if you gave away your stuff more than five (5) years ago? What if sixty-one (61) months ago you gave all that stuff away? Then you applied for Medicaid? Things are different. Now Medicaid does not care that you ever had that stuff at all. Does not matter. So perhaps you should give all your stuff away. Right now. To the kids. Your neighbors. Your first-grade teacher. Then wait for five (5) years. And if you ever need long- term care after that, no problem! Medicaid does not care that you had that stuff and gave it away. Great Plan!
By now, the sharpest knives in the drawer have spotted the problem with this brilliant approach, right? If you give your stuff away, then you have no stuff. And you like your stuff. What to do?
What If You Give Away Your Stuff Without Giving Away Your Stuff?
How can you give away your stuff without giving away your stuff? By using a particular kind of trust, that’s how. For Medicaid purposes, you gave your stuff away. For federal tax purposes, state tax purposes, common sense purposes, you did not give your stuff away.
The IRS doesn’t think you did anything when you put your assets in this type of trust. Medicaid says you “divested” those assets. Medicaid says you gave those assets away. Medicaid starts the Five-Year Clock. Five (5) years after putting those assets into that trust, Medicaid will not count those assets as yours. And you will qualify for the Medicaid benefits you have paid for. Without sacrificing your lifesavings, cottage, other stuff.
Why Should You Want To Qualify For Medicaid Benefits And Keep Your Stuff? Why? Do you like paying for the same thing twice?
Are you opposed to getting any return on your tax dollars? Does the government know what to do with your money better than you do? Would it be dreadful to receive the government benefits you’ve paid for? And to have additional lifesavings to purchase additional goods and services? Is it awful to get the same deal from the government that irresponsible folks get? Would you prefer to be flat, busted broke and forced to go to a nursing home than to supplement at-home Medicaid with lifesavings to remain at home? Are your kids and grandchildren so undeserving and ungrateful that you’d rather give your money to the government?
This Is Too Good To Be True! Tricksy Stuff Like This Never Works For Regular Folks!
Plus, It Must Be Wrong Or Immoral Or Something Else That’s Bad Or My Planners Would Have Told Me All About It! And What If I Move Out Of State? And Give Me A Minute And I’ll Think Of Something Else…
On February 8, 2006, Congress overhauled the Medicaid system. Congress replaced 50 states going in 50 different directions with some general principles that apply to everybody. Seventeen years ago, I was shocked when this happened. The Medicaid landscape was rewritten, much to the distress of our long-term care clients. Tools and techniques that had been proven reliable were wiped out. But there was a silver lining to this dark cloud of Medicaid reform.
No longer did it make sense to wait-and-see. The environment was different. Now we had some assurance that a Michigan plan could work in Florida. Or Texas. Or South Carolina. But not California, nothing works in California.
Not only did we have a legal structure that worked from coast to coast, but we could also rely on that structure to be stable. And so, it has proved. Over the last 17 years, thousands of these LifePlanning™ trusts have been implemented by regular folks. And they have worked. Every time. Saving millions of dollars. For regular folks. To maintain dignity. To preserve families. To keep the promise that hard work, saving, planning, and doing the right things will have good consequences for you, your spouse, your family.
For every Medicaid application involving these trusts, we submit a full copy of the trust and all the supporting documents. Total disclosure. Candid honesty. Written evidence. Full documentation. This stuff works because we scrupulously, thoroughly, exhaustively comply with every law, rule, precept, and policy.
Going broke is a choice. Your choice. It is not chance, bad luck, or misfortune.
Why Don’t You Deserve A Little Payback For All The Taxes You Paid In?
Why Do You Want To Spend Your Last Nickel On Long-Term Care?
Why Shouldn’t The Government Spend Your Money For You?
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 information, insight, inspiration. It is your turn. Ignore the message? Invite poverty? Or get the freely offered information. To make wise decisions. For you. For your loved ones.
The LifePlan™ Workshop has been the first step on the path to security and peace for thousands of families. Why not your family?
NO POVERTY. NO CHARITY. NO WASTE.
It is not chance. It is choice. Your choice.
Get Information Now. (800) 317-2812
News You Can Use, Without All The Yakety-Yak
If You Liked It, Why Didn’t You Put A Ring On It?
QUESTION: Evicting common law spouse from my home? Can I be forced to modify my house for his mobility and care?
Common law spouse decided to have his daughter handle all of his financial and medical care. Prior to this I was an authorized signing agent which I was used for utility’s, groceries and various joint accounts. His daughter will only give authorization for $200 towards electric, purchase his food and handle his medical needs. He has major medical issues. Eventually him will required the use a wheelchair. I myself have been diagnosed with early stages of Dementia and COPD. And limits my abilities as well. No other contribution are made. Intimidating tactics such as demanding $50,000 for him to leave. Or sale my home and give him half. Repeated threats by he and his daughter regarding him leaving. On a daily bases harassing me about the money he claims he is owed to him. Can I legally evict him? Can I be forced to sell my home which was fully paid for 2yrs prior to him moving in? Can I be required to modify my home for his mobility needs?
Throw The Bum Out, And His Little Dog, Too
1. There is no “common law” marriage in Michigan. Show Freddie the Freeloader the door with instructions on use. If he won’t go willingly, evict him. And his pernicious progeny (that means his devil daughter). What an ungrateful wretch!
2. “Repeated threats by he and his daughter regarding him leaving.”
Correct Response To Threats: “Don’t let the door hit you on the keister on your way out!”
3. Specific Questions – Precise Answers
a. “Can I legally evict him?” Yes. Follow the rules exactly. You don’t want to do this part twice.
Or three times.
b. “Can I be forced to sell my home which was fully paid for 2yrs prior to him moving in?”
No. Hell no!
c. “Can I be required to modify my home for his mobility needs?” Nope.
NOTE: Common Law Marriage is recognized by Colorado, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, South Carolina, Texas, Utah, and the District of Columbia. In these localities, if you hold yourself out as married, you are married. It is not a matter of how long you have been together.
So, say “boy/girlfriend,” “significant other,” or “Poopsie”. Do not say, “Husband,” “Wife,” or “Spouse.” And keep your finances separate.
But I Ain’t Got No Money, Honey!
QUESTION: Can I walk away from my mom’s business and home without doing anything once she dies?
My mother has become increasingly irresponsible with money. She is super intelligent, and she has no dementia. She is 86 and still runs her business but it is highly dysfunctional and I’m not sure it makes a lot of money. She gets lots of loans and has taken all her money from a reverse mortgage on her house. She won’t listen to reason. She is secretive about her finances, and she is controlling. I believe she gets these loans knowing she will probably die before she has to pay them all back. I don’t even know how I would be able to unwind any of this to even pay the debts off after to trying to sell her business.
I’m considering just walking away and not doing a thing after she dies as long as I could do this without any legal ramifications for myself.
Where Were You When The S—t Hit The Fan?
1. You are not liable for mom’s debts. Now or after she dies.
2. You might be liable for mom’s debts if she gave stuff to you so that she would be unable to repay. This is the Doctrine of Fraudulent Transfer or Fraudulent Conveyance.
a. Accept nothing from mom for which you did not pay.
b. Maintain books and records to show you supported yourself.
c. Keep your distance. When the proverbial S hits the fan, you do not want to get splattered.
3. At mom’s disability or death, refuse to act as attorney-in-fact, guardian, or conservator. Walk away. Let a public, court-appointed guardian or conservator try to unscramble these eggs.
4. Parents must accept their children’s choices. Children must accept their parent’s choices. And not be ruined in the process.
5. Consult with counsel to erect a legal firewall between you and the dumpster fire that will be your mom’s financial legacy.
6. Love your mom. And don’t be a victim.
NOTE: Nursing homes, lenders, and creditors of all stripes are responding to the deepening recession by aggressively pursuing non-traditional sources of payment. Meaning they’re coming after family, friends, the postman, anybody they can find who may have benefitted from the borrowing. It is not the mom- and-pop law firms doing this sort of collection work. Debt collection law firms are highly organized, technically savvy, and using legal techniques that were once reserved for the “big” cases. They are not going away.
Daddy Dearest
QUESTION: How do I get a full-time aide for my father who refuses to pay for it?
My father is 96 with several co-morbidities. He is in hospice at home I am his full-time aide. I need a break from caring for him 24/7 for the last nine months. The hospice personnel say they can give me 5 days I need a month or more off. He has on-set dementia which I cannot get the Dr’s to sign off on. He can get violent and I am at my wits end with him. When he was normal he was abusive and now he is controlling and manipulating. I need to get away to take care of myself I am 75 yrs old. I thought I could help but this is way too much. He is difficult to manage. What can I do legally I have POA only medically not financially?
Loving, Devoted Child Or Enabling Co-Dependency?
The Parent Child Relationship Is Not A Suicide Pact
1. Get away. Don’t go back.
2. Make dad get a Probate Court- appointed guardian and conservator through:
a. Adult Protective Services
b. Hospice social worker or case manager
c. Local, neighborhood Elder Law Attorney
3. When spouses care for one another, the caregiver spouse dies first 40-50% of the time. Why? Because caring for a loved one is tough, tough stuff. And you are living the worst-case scenario: Dad has “several co-morbidities.” Plus “dementia.” And on a good day, dear old dad was “abusive.” Nowadays, he can “get violent,” “controlling,” and “manipulating.” Ay caramba! What to do?
4. You recognize that “this is way too much.” Remember what Lucy VanPelt said to Charlie Brown: “As they say on TV, the mere fact that you realize you need help indicates that you are not too far gone.”
5. Now’s the time to arrange for a professional guardian and conservator to take over. Paraphrasing 2 Timothy 4:7- 8: You have fought the good fight, you have finished the race, you have kept the faith. 8 Finally, there is laid up for you the crown of righteousness…
6. Love your dad. And don’t be a victim
How Long Do They Expect Us To Meekly Go Broke?
Social Security Doesn’t Demand Your Last Nickel
Medicare Doesn’t Touch Your Lifesavings
So Why Do You Have To Go Broke For Long-Term Care?
When Is Enough Enough?
Traditional estate planning is concerned with avoiding probate, saving taxes, and dumping your leftover stuff on your beneficiaries. After you die. Nobody cares what happens to you while you are alive. How does that help anyone? Stupid.
Traditional estate planning fails because the overwhelming majority of us will need long-term skilled care. 70% of us. For an average of 3 years. And we will go broke paying for it.
Is it surprising that thousands of recreation properties: cottages, cabins, hunting land, are lost to pay for long- term care? Why is your estate planner hurting you and your family? It is evil intent? Or stupidity?
LifePlanning™ defeats Nursing Home Poverty. Keep your stuff. Get the care you have already paid for. Good for you. Good for your family. Good example for society.
When my mother suffered from the dementia which led to her death, over 10 years ago, their estate plan preserved their lifesavings. Mom’s months in the nursing home did not mean Dad’s impoverishment. Dad spent the last years with security and peace of mind.
IS NOW A BAD TIME FOR A REAL SOLUTION?
Perhaps you think you already have an answer to this problem. Maybe you do not see this as a problem at all.
It is possible that you do not believe in the passage of time or its effects on you.
Peace of mind and financial security are waiting for everyone who practices LifePlanning™. You know that peace only begins with financial security. Are legal documents the most important? Is avoiding probate the best you can do for yourself or your loved ones? Is family about inheritance? Or are these things only significant to support the foundation of your family?
Do you think finding the best care is easy? Do you want to get lost in the overwhelming flood of claims and promises? Or would you like straight answers?
Well, here you are. Now you know. No excuses. Get the information, insight, inspiration. It is your turn. Ignore the message? Invite poverty? Or get the freely offered information. To make wise decisions. For you. For your loved ones.
The LifePlan™ Workshop has been the first step on the path to security and peace for thousands of families. Why not your family?
NO POVERTY. NO CHARITY. NO WASTE.
It is not chance. It is choice. Your choice.
Get Information Now. (800) 317-2812
Like Seriously, This Really Happened, Not Making It Up!
(Not Edited For Spelling Or Punctuation Or Anything Else) (Warning: Not Legal Advice!)
SEVERAL YEARS AT BERNIE’S?
QUESTION: What is it called when one deprives another notification of their parent’s death so to deprive them of their share of benefit?
I just found out that both of my parents have died, but years ago. After hoodwinking and railroading them, my mega millionaire sibling had taken measures to cut me off from them, before they’d died. It has been horrendous for me. Even just to find out that my parents had passed was bad enough, but that the way and how they’d died never would have happened if I’d not been cut out of their lives as I had been, after taking great and particular care of them myself, beforehand.
Short Answer: “Horrendous”? More like “Preposterous”! Mom and Dad die years ago. But until evil sibling got involved, you provided “great and particular care” that would inevitably have prolonged their lives. For years. But you, the “great and particular” caregiver, never wondered why all those Christmas and birthday cards kept getting returned? Are there no telephones? Did they live on Gilligan’s Island? Did you? I have “smell test” issues with this one… A little too self-serving, methinks
Long Answer: On the other hand, it is not unusual to see relatives who isolate and sequester disabled loved ones away from other family members. Sometimes the child acts from the best of generous, honorable motives: offering a refuge of peace for the loved one, away from family feuding, squabbling, and raw emotional outbursts. Sometimes domineering impulses, seasoned with jealousy, and spiced with greed motivate the selfish child to restrict access.
Unless there is objective abuse, usually, working out the currents of control are left to the family. Courts and judges have no interest or expertise in resolving the emotional debris of decades, and in some cases, generations. Judging from the unceasing torrent of self-help books on the subject, it does not seem that anyone else has any “great or particular” success with these heartfelt matters either. We must all do the best we can. “It’s a fool who looks for logic in the chambers of the human heart.” Joel Cohen.
Longer Answer: But this question is not all about “hearts and flowers” is it? Oh no! Our correspondent is particularly concerned that the mega millionaire sibling acted “so to deprive them of their share of benefit”. And by benefit, our correspondent means money. Or property. Or other stuff. So, what about that?
When stuff is at stake, courts do get involved. It is what they do best!
UNDUE INFLUENCE!
“Undue Influence.” is the legal theory. Here is how it works. Four (4) scenarios. Mom has money. Mom also has 2 children, A and B.
Scenario #1 No Undue Influence
1. Mom likes Child A better. And always has.
2. For years, without change, Mom’s will or trust leaves all her stuff to Child A.
3. Mom lives and acts independently.
4. Mom up and dies.
5. Child A gets everything. Child B is sick as mud.
6. Child B can go pound sand.
Scenario #2 Challenger Must Prove There WAS Undue Influence
1. Mom likes Child A better. And always has.
2. Recently, Mom, changed her will or trust to leave all her stuff to Child A.
3. Mom lives and acts independently.
4. Mom up and dies.
5. Child A gets everything. Child B is sick as mud. Child B sues.
6. Child B must prove that Child A unduly influenced Mom. An almost impossible task.
7. Child B can go pound sand.
Scenario #3 Defender Must Prove There WAS NOT Undue Influence – Formal Fiduciary
1. Mom likes Child A better. And always has.
2. Mom appoints Child A as her Trustee and Agent. In writing.
3. Mom changes her will or trust to leave all her stuff to Child A.
4. Mom up and dies.
5. Child A gets everything. Child B is sick as mud. Child B sues.
6. Now it is Child A who must prove that Child A DID NOT unduly influence Mom. An almost impossible task.
7. Child B gets a half-share. Child A can go pound sand.
Scenario #4 Defender Must Prove There WAS NOT Undue Influence – Informal Fiduciary
1. Mom likes Child A better. And always has.
2. Mom moves in with Child A. Child A helps with all Mom’s decisions. Child A prevents others from visiting Mom. Mom is totally dependent on Child A.
3. Child A is not Mom’s Trustee and Agent.
4. Mom changes her will or trust to leave all her stuff to Child A.
5. Mom up and dies.
6. Child A gets everything. Child B is sick as mud. Child B sues.
7. Now it is Child A who must prove that Child A DID NOT unduly influence Mom. An almost impossible task.
8. Child B gets a half-share. Child A can go pound sand.
Key Take-aways With Undue Influence: If you must prove it, you lose it. Also, if the beloved parent has appointed you formally, in writing, as their trusted agent/advisor/trustee, then you must prove you did nothing to “unduly influence” the beloved parent. The same rule applies, even if there is nothing in writing, if the beloved parent is dependent on you.
So, if you are caring for mom, dad, auntie, grampa, and providing for all their needs, or they “honored” you with the responsibility of trustee or agent, you MUST establish, by affidavit, deposition, or otherwise, that the beloved relative was acting independently. If you do not, you will lose.
KID’S NAME ON DEED IS NO-GOOD, AWFUL, VERY BAD
QUESTION: WHAT IS THE BEST WAY TO PUT AN ADULT CHILDS NAME ON CONDO OWNERSHIP WITH ELERLY PARENT.
Mom is elderly.. She is of sound mind and has mentioned to me that she would like to get my name on her condo.. what does that entail?
Is that what joint tenancy is? What will alleviate issues upon death – in other words avoid probate…. My guess is she needs to hire an attorney. What paperwork should I have her gather together.
Short Answer: “Best Way”? How about “No Way”!
Long Answer: Folks like to put their kids’ names on deeds, stock certificates, bank accounts, investments, and anything else they can think of. There is simply no good reason to put your kid’s name on this stuff. If you only want to avoid probate (dumb!), use a revocable living trust. If you want to avoid probate and nursing home poverty, and have time, use a LifePlanning™ Trust. If you don’t have time, use a trust plus a transfer-on-death deed (in Michigan and a few other states).
The Thing: Here’s the thing, most “estate planning” attorneys cheerfully admit that they have no clue as to what is going on with long-term care. Most so-called “elder law” attorneys should admit the same thing. It is tough to discern good advice when it comes to planning for long-term care. That means you have a tough job, but it is doable.
Ask the following questions:
1. How many Medicaid divestment trusts have you drafted for clients?
2. What happens after I sign the documents?
a. Do you have a mandatory process to get my stuff into the trusts?
b. Do I get my original trust documents?
c. How do you verify that my stuff has been retitled to my trusts?
3. How many Medicaid programs are available for long-term care?
4. Can I get help with skilled care at home? How much will that cost?
5. How many Medicaid applications have you personally prepared and filed for clients?
6. What is the PACE program?
7. What is Medicaid waiver?
8. What is the Initial Asset Assessment? When does it happen?
There are lots more questions to ask, but by this time, most attorneys will be shaming you for wanting to preserve your lifesavings. They think it is ridiculous that you should get some pay back on the tax dollars you paid in. They think you should go broke. They think your spouse or family should be happy with crumbs. Do you think they are on your side? Let’s not be too harsh… maybe they just don’t know any better. It’s more than possible, it’s likely.
NO GOOD DEED GOES UNPUNISHED
My older friend wanted me to come stay with him to due to personal and cancer reasons. he asked my ladyfriend to become his caretaker and he would cover her living expenses. She ended up paying for everything food etc….. he even spent checks he was suposed to give her…. He passed away almost a year and a half of her caring for him like an angel being maid nurse cook, but she wants to know how long she has to pack up.
Short Answer: As long as you can drag out the eviction process.
Long Answer: You and your lady friend the angel have nothing in writing from your deceased “older friend”. Probate law will not allow you to make any claim for payment or even reimbursement for the “food ect”. Plus your friend embezzled the checks the angel was supposed to receive!! That all stinks. But in this world of ours, the reward for generosity is often resentment and selfishness. Look around. You know I’m right.
Longer Answer: They cannot make you leave the house without going through the formal eviction process. In some places, COVID rules may still prohibit evictions. It’s worth finding out. Legally, you are a holdover tenant or tenant at sufferance. The new owners of the house cannot simply put you on the street. They must give you 30 days’ notice, Termination of Tenancy. You can leave at that point or make them go to court for an Order of Eviction, after a Summary Proceeding.
Why not make them go through the whole darn process? Unless they agree to reimburse you for the grocery money. And a few bucks on top?
Moral of the Story: You are not a bad person for wanting to get a written agreement to pay you money in exchange for services. You are a smart person, with a good heart, who does not want to be played for a chump. So get it in writing!
Medicaid Observation: The payments you get under the agreement will not be acceptable to Medicaid and will be treated as gifts with penalties to the “older friend.” So what? If the friend needs you to give the money back, do so (if you are able). Then do a promissory note with interest so that eventually you will get every nickel to which you are entitled. And not a penny more.
Lawyer Sales Pitch: Don’t try to do this yourself. You have to pay for the privilege of working diligently for 18 months and when it is all said and done, you will get evicted. Is it possible that all this could have been avoided? Maybe with a little legal counsel? Maybe?
I’m As Mad As Hell And I’m Not Going To Take This Anymore!
— Howard Beale, Network, 1976
How Did It All Go So Wrong, So Quickly?
We’re Not Gonna Take It, No, We Ain’t Gonna Take It, We’re Not Gonna Take It Anymore!
— Dee Snider, Twisted Sister, 1984
Traditional estate planning is concerned with avoiding probate, saving taxes, and dumping your leftover stuff on your beneficiaries. After you die. Nobody cares what happens to you while you are alive. How does that help anyone? Stupid.
Traditional estate planning fails because the overwhelming majority of us will need long-term skilled care. 70% of us. For an average of 3 years. And we will go broke paying for it.
Is it surprising that thousands of recreation properties: cottages, cabins, hunting land, are lost to pay for long- term care? Why is your estate planner hurting you and your family? It is evil intent? Or stupidity?
LifePlanning™ defeats Nursing Home Poverty. Keep your stuff. Get the care you have already paid for. Good for you. Good for your family. Good example for society,
When my mother suffered from the dementia which led to her death, over 10 years ago, their estate plan preserved their lifesavings. Mom’s months in the nursing home did not mean Dad’s impoverishment. Dad spent the last years with security and peace of mind.
Is Now A Bad Time For A Real Solution?
Perhaps you think you already have an answer to this problem. Maybe you do not see this as a problem at all. It is possible that you do not believe in the passage of time or its effects on you.
Peace of mind and financial security are waiting for everyone who practices LifePlanning™. You know that peace only begins with financial security. Are legal documents the most important? Is avoiding probate the best you can do for yourself or your loved ones? Is family about inheritance? Or are these things only significant to support the foundation of your family?
Do you think finding the best care is easy? Do you want to get lost in the overwhelming flood of claims and promises? Or would you like straight answers?
Well, here you are. Now you know. No excuses. Get the information, insight, inspiration. It is your turn. Ignore the message? Invite poverty? Or get the freely offered information. To make wise decisions. For you. For your loved ones.
The LifePlan™ Workshop has been the first step on the path to security and peace for thousands of families. Why not your family?
NO POVERTY. NO CHARITY. NO WASTE.
It is not chance. It is choice. Your choice.
Get Information Now. (800) 317-2812
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
Like Driving Past A Car Wreck… Glad It Did Not Happen To You (Not Edited For Spelling Or Punctuation Or Anything Else) (Warning: Not Legal Advice!)
QUESTION: Can our disabled brothers legal guardian (also a family member and remainderman) terminate disabled brothers life estate?
Disabled brother is now in nursing home and will not return to family home which he has life estate in and is also in an irrevocable trust. There are many remaindermen, (large family) and all are in agreement to sell family home including our disabled brothers guardian. Another family member/remainderman wants to buy us out and move into home, hoping that we can all just sign off of house/ trust and quitclaim the property to her. Not sure if this is “allowable” or advisable. We also have concerns about potential “Medicaid recovery” if life estate is terminated while life estate holder is still alive.
Short Answer: Oh what a tangled web we weave, when first we practice elder law without a firm grounding in the fundamentals. Imagine sorting out this fact pattern after the family house was sold, money distributed, Medicaid denied, recriminations on all sides, nursing home lawsuit against disabled brother, allegations of fraudulent transfer against siblings, and a family feud ripe with recriminations echoing through eternity. In other words, the usual case.
Is it crazy to think it is not too late? Is it impossible for sweet reason and angelic actions to save the day? Must this family suffer?
Long Answer: There are several threads here that need to be disentangled. Let us begin with brother’s life estate.
LIFE ESTATE
In Michigan, “life estate” means that the person can use and live on the property for their entire lifetime. A life estate is valuable. How valuable?
Back in the day, we used to have hearings with expert witnesses and do future value projections based on life expectancy and then present value regression analyses. But in today’s modern world, Michigan makes it easy to figure out how much a life estate is worth. Get a copy of the Bridges Eligibility Manual 400, Exhibit II – Life Estate and Life Lease Factor Table (BPB 2022-07) (available online!). This Table lists ages from birth to 109 years old. For each age, there is a 5-digit life estate factor. You look up the factor that corresponds to the age of the person. Multiply the factor by the value of the real estate. Voila! That is the value of the person’s life estate.
IMPORTANT POINT: Life Estate values have nothing to do with the actual health of the Life Estate holder. Life Estate Value is all about chronological age. Birth certificate and calendar. Healthy or on hospice? Irrelevant.
A few examples. Let us suppose the family home is worth $100,000.
At age 2, the life estate factor is .99017. So, a two- year old’s life estate is worth $99,017. ($100,000 X .99017)
At age 109, the life estate factor is .04545. That means that the 109-year-old’s life estate is worth $4,545. ($100,000 X .04545)
At age 70, the life estate factor is .60522. How much is a 70-year-old person’s life estate worth? Correct! $60,522. ($100,000 X .60522)
What this means is that “if life estate is terminated while life estate holder is still alive” the life estate holder must be paid the value of the life estate as determined by the BEM 400 Life Estate Factor Table. Easy!
Let’s consider the flip side… the remaindermen.
If 70-year-old disabled brother’s life estate is worth $60,522, what are all the remaindermen’s interests worth, collectively? Correct again! $39,478. ($100,000 – $60,522) Divided by the “many remaindermen” of a “large family.” Betcha didn’t see that coming!
DISABLED BROTHER’S GUARDIAN
Disabled brother has a guardian. Does that mea we are in probate court? Yes! Does that mean that any sale of the property must be approved by probate court? Yes! Does that mean that we will have to pay an attorney to help us ask the probate court for permission to sell? No! Like plumbing and electrical work on your home, probate can be a “Do-It-Yourself” adventure. Emphasis on “adventure.” Can you steer your automobile with your feet? Sure! But that does not make it a good idea. Like do-it-yourself electrical work, plumbing, or probate. Jes’ sayin’.
Probate is required even if disabled brother also has a conservator for management of his assets.
MEDICAID RECOVERY
Remember how disabled brother got the money from the sale of the family home? If disabled brother was already on Medicaid, getting the money will boot him off. Until the money is all “spent down.” Or until the money is stashed in a Medicaid payback trust. Or a charitable pooled income fund. Or somewhere else where the other family members will not benefit.
Are there worse ideas than selling the family home before disabled brother’s death? Sure! You could invade Ukraine, expecting a liberator’s welcome. You could dump trillions of dollars into the economy, expecting no inflation. Spit into the wind. Tug the mask off the ole Lone Ranger. Mess around with Jim. Bad ideas.
When disabled brother dies, his life estate is over. No compensation. No estate or Medicaid recovery. The remaindermen get the remainder. All the remainder. Yay!
But in the meantime… You want to keep the family house occupied. Vacant houses have a way of burning down. Vacant house insurance is hugely expensive. Plus you still have to pay the taxes. And utilities. Mow the grass. Plow the snow. Paint it.
Why not let sister move in now, provided she pays all expenses? Subject to a written agreement? Give her a right of first refusal (not an option) so she may purchase the place after disabled brother’s death?
There are other possibilities. Leasing/subleasing.
Etcetera. But do not accept the assertion that it must be sold pronto. The family has options.
IRREVOCABLE TRUST
What’s going on with this?
Somehow there is an irrevocable trust blended into the mix. It is not obvious how that trust is being used, if at all. There are several possibilities. But a review of the trust would be essential to knowing what is going on.
Question: Can my father’s caretaker accept his entire estate? Can she be sued for selling everything? He is still alive. My dad signed over his house to his caretaker before she put him into an assisted living home. She then quickly sold it. He has 2 living children. Do I have any recourse now?
Short Answer: No, you do not “have any recourse now”. Sadly, a properly executed deed has consequences which cannot be undone. Even a deed that reverses the prior transfer has real world consequences that cannot be ignored. What consequences? [WARNING: LAWYER ANSWER TO FOLLOW] It depends.
Longer Answer: Is it possible that the caregiver may be sued or prosecuted for financial abuse of the elderly? Is it possible that Father was incapacitated or mentally incompetent at the time he signed the deed? Could those be grounds to throw it out? What if Father was coerced into signing by undue influence, would those be grounds as well? Perchance. Maybe. Possibly. Mayhap. Hmmmmm, tugs at goatee…
How can you prove that Father was consistently and continually mentally incompetent? Or coerced? Were you there the whole time? When he signed? These are difficult cases. Difficult to forget about apparent injustice. Difficult to remedy the injustice. Difficult to know if there was any injustice at all. Difficult to reconcile when the “bad actor” is a family member.
Is it crazy to think that it might just possibly be helpful to have had some professional assistance in this sort of situation? Maybe possibly a few bucks and hours now to avoid big bucks and years of woe in the future? Asking for a friend…
Father, it seems, was mentally competent and had the legal ability to sign. Adults can choose. Poorly. With disastrous consequences.
You may not believe it, but some folks with signs of developing dementia are propped up by gangs of greedy grasping gargoyles intending to gorge on ill-gotten gains. Despicable devils who deny demonstrable incoherence, impulsiveness, and inconsistency. For their own putrescent purposes. How can such evil exploiters exist? Trust the evidence of your own eyes if you doubt it.
Actions have consequences.
Question #1: Can my durable POA withdraw from my IRA and sell my home if I become incapacitated?
Question #2: Can I specify what accounts he can access?
I have two stepchildren. I will probably make one of them my durable POA—but I don’t want them to be able to access certain accounts that I have… if I become incapitated-nor do I want them to sell my home. Hopefully, I would have enough in my bank account to cover medical bills.
Question #3: Can I specify in my will what accounts the POA would have access to withdraw from? I am concerned about abuses as I have heard some horror stories and I have no children of my own or close friends. Question #4: Would I be better off getting a bank to manage my affairs?
Answer #1: Powers of Attorney always depend on the authority you write into them. You can limit the ability of the Agent under the POA however you choose. Generally, to be effective, you want your Agent to be able to access your Individual Retirement Account and to deal with your home.
Answer #2: Yes, you can limit the Agent’s access to specific accounts.
Answer #3: Horror stories are real. Financial abuse of older folks is also all too common. The good news is that there are professional trustees and fiduciaries who will not steal your money. So if you do have some question about the stepchildren, do not appoint them as your trustees or executors or agents or patient advocates or any other position of responsibility.
Answer #4: You may “be better off getting a bank to manage [your] affairs.” Professional trustees vary widely in their commitment to service and delivering value. Your friendly neighborhood elder law attorney (should) have plenty of experience with a range of professional trustees and banks. Why not ask? However, do not use an attorney as your trustee. The trustee function is fundamentally different than the lawyer function, in my opinion. A focused, professional trustee will do that job with much greater efficiency and at less cost than the typical attorney. But you still need to take care that you have the right trustee, and your attorney can be very helpful in that regard.
Is Now A Bad Time For A Real Solution?
Peace of mind and financial security are waiting for everyone who practices LifePlanning™. You know that peace only begins with financial security. Do you want to get lost in the overwhelming flood of claims and promises? Or would you like straight answers?
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?
Whatever Happened To The Family Cottage/Cabin/Hunting Land?
A Little Bit Of Smarts, A Future Of Golden Memories
Birds Do It, Bees Do It, Even Educated Fleas Do It
Let’s Do It! Let’s Go To The Lake!—Sincere Apologies to Cole Porter
In uncivilized countries, such as those in Europe and Asia, new workers start out with 6 weeks of mandatory vacation (which they confusingly call “holiday”). Not including public holidays (which they call “festivals” or something). What do these folks do with such excessive periods of sloth and inactivity? Who knows? Who cares?
In America, on the other hand, we have weekends. And summer! And a week or two of “vacation”. And being Americans, we do not wish to waste this time. If Americans were as sedentary and unambitious as our global neighbors, we could spend this time in sidewalk cafés, art museums and reading. Improving our minds. Getting culture. Ghastly stuff. “Deliver us O Lord, we pray…”
Unlike our fellow travelers on Spaceship Earth, all true Americans find home improvement projects irresistible. Paint the walls. Build a deck. Plant a garden. Cut the grass. Replace, polish, fix or improve whatever has not been recently replaced, polished, fixed or improved. Pitiful, benighted foreigners have foreign places with palaces, temples, pagodas, and castles. Blessed, muscular Americans have Lowe’s, Harbor Freight, and Home Depot. Seems like an easy choice.
Sooner or later, though, all true Americans feel the restless urge to get out of Dodge, at least on the weekends. In the summertime. Or hunting season. We ran out of things to improve around the house. The deer ate all the tomato plants. It’s too hot. We were bored. So we got another house. In God’s country!
In the American Tradition, the second home could be a house. Or single wide. Perhaps a shack with no indoor plumbing or insulation. On a 40 foot lot. At the lake, at the shore, in the woods, somewhere other than here. From Idlewild in Lake County to Beaver Island in Lake Michigan, American middle class workers by the thousands filled the developments which sprang up around every lake, pond, and ditch within driving distance. And because the lake wasn’t big enough, we dug canals, dammed creeks, and otherwise expanded our Water Wonderland. Magnificent! And not only lakes, but the woods filled with weekend escapes too! Glorious!
At grandmother’s cottage many of us learned to swim and fish. Caught tadpoles and watched them grow to frogs. Searched for salamanders under logs and rocks. Got mosquito bites and poison ivy. Fell in the mud. Played in the sand. Went ice-fishing in the winter. Campfires on the shore. Remember?
Whatever happened to that place? How much would it cost to buy something similar today? Why did we get rid of it? Too bad our kids and grandkids won’t have the experiences we did. Or the memories. At least they have iPads.
The Family Cottage LifeCycle
To everything there is a season,
A time for every purpose under heaven:
2 A time to be born, And a time to die; 6 A time to gain, And a time to lose;
A time to keep,
And a time to throw away;—Ecclesiastes 3:1-2,6
Is it a ridiculous idea that there is a lifecycle to family cottages and recreation properties? There is a routine evolution in the relationship between family and property. Is it a bad idea to recognize the lifecycle and work with it? Are you against preserving unique opportunities for your family?
The Family Cottage Lifecycle:
1. Young Child: Best. Place. Ever!
2. Teenager: So stupid. Boring. Smells funny.
3. Young Adult: My life is busy. I have no time for that place. If I inherit a share, I’m selling it… I need money for tuition/new car/down payment/taxes…
4. Parent of Young Child: Why did we ever sell the cottage? We can’t even afford to rent at the lake today.
5. Older and Wiser: If I ever get the opportunity, I won’t make that mistake again.
We all pass through seasons in our lives. As we gain experience, some important-seeming situations will fade to nothing. Other events will become more meaningful as time goes by. Wisdom and perspective cannot be taught, only learned. Growing up is the tuition that must be paid for insight.
Are long-term decisions best left to the youngest, least- experienced folks? Is it wrong for those with proven perception and prudence to plan for the long-term? Do you sacrifice long term gain for short term pleasure?
Estate Planning Done Wrong
Two Estate Planning Blunders That Guarantee Failure
Traditional estate planning, if it has any purpose at all, dumps your leftover stuff on your beneficiaries. After you die. Don’t much care what happens to you while you are alive.
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?
LifePlanning™ defeats Nursing Home Poverty. Keep your stuff. Get the care you have already paid for.
LifePlanning™ means you do not have to sell the cottage and “spend down” the proceeds. Now what to do with the recreational property?
Traditional estate planning offers two options:
1. Circular Firing Squad or Last Man Standing
2. The Corporate Model or Last One Out is a Rotten Egg
Circular Firing Squad is easy, cheap and disastrous.
The Corporate Model is not easy, not cheap, and not as disastrous.
Circular Firing Squad
Putting all the kids “on the deed” is the circular firing squad. It is the easiest, cheapest, most popular, and worst possible way to leave recreation property to kids.
“Last Man Standing” is the most common Circular Firing Squad method. This involves naming all of the children or other beneficiaries as Joint Tenants with full Rights of Survivorship (JTWROS) on the deed. As joint tenants with rights of survivorship, the last living person owns the entire property. Did you plan to disinherit most of the family?
JTWROS deeds also deny Medicaid benefits to your kids and their spouses. Medicaid treats their share as if it was cash in the bank. But it is NOT cash in the bank, it is a fractional interest that is totally locked up in the property. And now your kids are disqualified from Medicaid. Whoops!
But that is not the worst. JTWROS deeds have no rules. Other than each person can fully use the property without the others’ permission. Congratulations! Your child is the new president of the Pagan Assassins Mud Wrestling Team – Australian Rules. Your child invites the entire 32 member, mixed gender team to the cottage. On the 4th of July. Your child has never paid their share of the taxes, utilities or maintenance. When the Pagan Assassins leave, the place is a bloody shambles. And there is nothing the other kids can do about it. In fact, since you signed a standard, immediately effective, JTWROS deed, there is nothing YOU can do about it. Not even dead yet and already you have lost control of your property. Did you know that when you signed on for this quick and easy solution?
Ladybird to the Rescue? You may have used a ladybird or transfer on death deed to create this living hell. Good News! At least the suffering will not begin until after you have passed on to your reward. Then the JTWROS takes effect and we are off to the races.
You may also create a Circular Firing Squad using a “Tenants in Common” deed. The TIC deed gives individual shares to each child while you retain a share. Unlike JTWROS, each child owns a piece that they can give to the grandkids. Or sell to the Pagan Assassins. Just as with JTWROS, there are no rules.
Did I mention that each Circular Firing Squad method leaves the other kids open to liability claims from the unsanctioned “activities”? And it does no good for them to abandon the property, now they can be prosecuted for housing code violations. And please! Do not get me started on that methamphetamine lab in the basement. Or the fentanyl stockpile in the shed. Oh my!
If you are going to create a Circular Firing Squad, use the TIC method. If they all hate each other enough, they can go to probate court, sue one another, and force a sale. Thanks Mom! Thanks Dad! Great planning!
The Corporate Model: Last One Out Is A Rotten Egg
Do you really want to leave stuff to the kids without any rules? Is blunt force trauma the best way to make sure your grandkids will learn how to swim at the lake? Do you want to empower one of your kids to hold the others hostage?
There are many permutations of the Corporate Model. Most use a limited liability company to hold the real estate and give shares to the kids. And there are rules. And governing provisions. And limited liability for the kids. Still have that pesky Medicaid problem with disqualification, but I guess you cannot have everything.
A general rule in a corporate structure is that minority members can sell their shares and get out. The usual Cottage LLC requires the other members to buy out the one who wants to sell. And if they do not… say hello to the Pagan Assassins.
Doesn’t seem like such a big deal. One kid wants to move to the Himalayas and commune with the mountain spirits. That kid is not planning to come back. Or perhaps another kid wants his money to buy a car. The cottage does not seem so important right now. The problem is not one of law. The buyout provisions are clear and enforceable.
The problem is that as soon as one kid wants out, so do the rest. The other kids don’t want to pay, frequently they are not able to pay. It was a blessing to have had the cottage so long, but now it must go. Over and over again, if one kid wants out, they all do. Last one out is a rotten egg!
The Corporate Model fails because it depends on the continued unanimous support of all the family members. The chain is only as strong as its weakest link.
What if there were no links? What if no individual could torpedo the entire family’s legacy?
The National Park Model: Recipe For Success
There is nothing so American as our national parks. The scenery and the wildlife are native. The fundamental idea behind the parks is native. It is, in brief, that the country belongs to the people, that it is in process of making for the enrichment of the lives of all of us. The parks stand as the outward symbol of the great human principle.
—Franklin D. Roosevelt
You will never go to Yosemite National Park. You have Yosemite-phobia. And a doctor’s note to prove it. Since you will never go to Yosemite, you write to the National Park Service. You demand your share of the value of Yosemite. Cash me out! Do you expect a response?
Roosevelt’s “fundamental idea” is that the national parks belong to everyone, down through the generations. The big idea is simple: Preserve it now or lose it forever.
Isn’t that the idea behind leaving the family cottage to the family? Could you afford, right now, to purchase your cottage, cabin, hunting land? Of course not! Lake Michigan properties that sold in the $20-30,000 range in the 60’s and 70’s are in the millions now. If you can find one. And the same is true of smaller lakes. The wild price inflation is less for hunting land, but still forbidding.
At the turn of the last century, a few visionaries like Teddy Roosevelt and John Muir saw that without national preservation efforts, irreplaceable natural treasures would be lost. In other countries, the rich and the royal preserved land for their own benefit. In America, we did it for all of us. And our descendants.
The National Park Model is a new way of looking at your cottage or recreational property. You are making a promise to your future family that short-term considerations will not outweigh long term goals.
The basic principles are straightforward and are familiar to anyone who has ever traveled or camped in a national, state or local park:
1. Rules for Use. Family members are stewards of a gift. Rules for use and care will be clear and must be observed. There will be an evenhanded system for allocating the available space among various family members.
2. Financial Responsibility. Budgets will be prepared, including all taxes, utilities, insurance and sinking funds for all capital improvements, including the roof, plumbing, fixtures and utilities. Present and future expenses will be identified and incorporated.
3. Nobody Rides for Free. You can’t get in a Park without a sticker to pay for the road. You can’t stay overnight without paying for your campsite. You can’t stay at the Cottage without paying the necessary charge to cover your share of the budget. In advance.
There are other provisions that allow for limited liability and definition of membership. These can all be tailored to the specific needs of individual families.
On March 1, 1872, President Ulysses S. Grant created Yellowstone as the first national park in the United States and the world. For over 150 years, Yellowstone has been preserved and available to all Americans.
Is it ridiculous to think that the same concepts that worked for Yellowstone for the last 150 years could preserve your family’s heritage too? Are you against providing that sort of experience to your children, grandchildren, and generations yet unborn?
If not you, who? If not now, when?
Is Now A Bad Time For Real Solutions?
Does anyone on this earth have all the answers? Does that mean we should give up seeking the best answers we can find? Perhaps you already have an answer to this problem. Maybe you do not see this as a problem at all. Why not find out? Is now a bad time to find out how to obtain security for yourself? And your family?
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
We Also Scream To Avoid Planning
Don’t worry, be happy
Ain’t got no cash, ain’t got no style
Ain’t got no gal to make you smile
Don’t worry, be happy
‘Cause when you worry your face will frown
And that will bring everybody down
So don’t worry, be happy
“Don’t Worry, Be Happy”—Bobby McFerrin
Did Your Parents Raise A Sluggish Sloth Or A Competent Character?
When you get home at night, do you leave the lights off? Does the thrill of bumping into things, falling down the stairs, and stepping on awkward items appeal to your adventurous spirit? Do you favor a life of anxiety? Do you look forward to high blood pressure, poor digestion, experiencing that creepy feeling of dread? Are you opposed to happiness and contentment? Do you embrace chaos and upset? Or do you seek Peace of Mind®?
Would you be surprised to learn that there are two paths to Peace of Mind™? The first path involves effort, work, dedication, stick-to-it-iveness, dauntless spirit, reasonable focus on accomplishment. Path #1 is where you find volunteer firemen, blood donors, the folks you can count on.
More popular is Path #2. The second path requires ignoring your own obvious needs and the needs of those around you. Ignorance is Bliss! Stick your head in the sand. If you cannot see it, it cannot hurt you. Gee, I wonder if the crowds at those new marijuana dispensaries are on Path #1 or Path #2…
Unfortunately, you were brought up by folks who chose the first path. Work, love, dedication, achievement. All those uncomfortable things that get in the way of TV binge watching. Consuming YouTube cat videos. Absorbing bargains galore on the home shopping networks. Golly, your folks made it very difficult for you to live the sweet couch potato life.
How can you get beyond your inbred desire to deliver? Vanquish your drive to survive? Squash your sense of responsibility? Unraveling habits of a lifetime can be difficult, but, as they say, it’s not the size of the dog in the fight, but whether you can have your cake and eat it too!
Olympic athletes train for years to hone their skills to a razor edge of perfection. You have worked for years to reach your goals, raise your family, do a great job at work, and be a valued member of your church, community, team, euchre tournament. You are an Olympian of the American Dream. A Medal of middle-class Gold hangs from your neck. Your world celebrates!
But now the looming spectre of estate planning looms like a hideous hobgoblin. You feel an inner urge to get this done…see it through. Will power is not enough. Fanatical focus will fail. How can you run away from the dreadful demons of trusts, wills, and powers of attorney? Is resistance futile? Is an Estate Plan inevitable? How can you escape?
Super easy! Barely an inconvenience. With the following professional excuses, you can put off facing the facts almost indefinitely. You are welcome!
Warm Up To Provide Peak Performance
“Everyone Has The Will To Win But Very Few Have The Will To Prepare To Win.”
—Vince Lombardi
Olympians and professional football players getting ready for the “big game” share a secret. All elite athletes know that mental and physical preparation is key. Can you escape your future-planning responsibilities without focused training? Of course not!
Follow the protocol. Stand in front of a full-length mirror. Hands on hips. Throw your head back. Suck your gut in. Stick your chest out. Draw and deep breath, then…
Loudly And Firmly Proclaim These Statements Three (3) Times:
- Only Nerds Want To Retire Comfortably
- Financial Security Is Bad. And Impossible
- I Want To Die Broke, Splurging My Last Nickels
- On Long-Term Care
- I Look Forward To Nursing Home Poverty
- My Spouse Can Look Out For Herself. Or Himself.
- My Kids Don’t Need Money And Would Waste Any Inheritance Anyway
Excellent! And now for a cleansing breath… Your body tingles. Your mind expands. You have looked forward all week to this installment. The moment of truth has arrived. Excellent
Excuses. Decisive Defenses. And now, Effective Evasions to frustrate and deflect any attempt at making you look ahead.
LifePlanning™ Is Unnecessary And A Total Waste Of Time & Money Because:
Firetrucks have sirens because loud noises are great! Whoever is yelling must be winning…
So let’s get loud. As follows:
Number One: Raise your voice and strongly state: “LifePlanning™ is Stupid, Superfluous, and a…”
Number Two: Quickly follow with one of these Negative Nuggets:
#10 … Waste Of Time Because It Is Overkill!
All I want is a simple will! All these fancy schmancy papers would be great for Thurston Howell the 3rd or maybe multimillionaire Bruce Wayne. You have to understand, we are working folks who managed to save a little. Paid off the house. Contributed to the 401(k). And here you are dumping all this confusing paperwork on us. Sure, I like to go deer hunting, never miss it. But you’re trying to get me on an African safari shooting elephants! Fishing for bluegill, perch, bass, and the occasional muskie is the best. But you want me to chase down the great white whale Moby Dick. Sorry! It is all just too much. Simple is best. Mom and Dad had a will. Gramma and Grampa had a will. And that’s fine by me!
Totally agree! Simple is best. That’s why you simply put blocks of ice in the icebox to keep your perishables from perishing. Newfangled refrigerators, who needs ‘em? Simple is best. That’s why you have always refused to have flush toilets in your house… ever hear of an outhouse that backed up? Ever need a plunger in a privy? Of course not. Who needs all that confusion? Besides, it is good for the kids to pump the handle when they want water… and we even brought the handpump into the kitchen… in my day it was out in the yard.
Yes, simple is best. Mr. Ford made the Model T in every color anyone could desire: black. Who needs windows on the sides, anyway? Some poor deluded folks actually have windows that go up and down. And cars that blow warm air around in the winter. And cool air in the summertime. Gosh that is just too much! Simple is best. Next thing you know, you’ll want special belts or something to protect passengers in a crash. Or balloons that pop out of nowhere so you don’t go through the windshield. That stuff is not for you! Simple is best.
Folks next door got this talking picture box. Like the movies, but at home. Almost as big as the movies. Just awful how confusing it is. Simple is best. Our 1935 Zenith Stratosphere 1000Z radio receiving set burnt out its tubes a few years ago. But it still looks good and besides, I couldn’t find Little Orphan Annie on the dial anymore. Simple is best.
And do not get started on modern medicine! With their highfalutin’ cardiac bypasses, pacemakers, cataract eye operations and penicillin. Humph. Lydia E. Pinkham’s Vegetable Compound was good enough for Granny and it’s good enough for me. Simple is best.
So let your friends buy cars with wind-up windows, air conditioning, air bags, crumple zones and upholstery that survives little kids. You don’t need a garbage disposal. Or indoor plumbing. Or an electrical refrigerator that makes ice cubes. Cell phones, cable boxes, streaming TV services, big screen TVs, flat screen TVs, gas stoves, microwave ovens, running water. So complex! You are very simple.
Are you against airbags in your car if it means your spouse doesn’t fly through the windshield? Are you against LifePlanning™ if it means your spouse is not left in nursing home poverty? Does it matter if you are the one going through the windshield? Left in poverty?
Are you opposed to indoor plumbing and central heat? Are you opposed to doing what must be done to get benefits that you value?
Albert Einstein was a very smart fellow. And he did not like things that were too confusing or complicated. And this is what he said:
Everything should be made as simple as possible, but not simpler.
Simple is good. But is it still good if you lose your savings, house, cottage, independence?
#11 … Waste Of Time Because I Will Spend It All Anyway!
Do you know anyone who goes to the payday lender? Anyone who heads to the casino as soon as their Social Security money shows up? How many people do you know that, as soon as they pay off one installment contract, run right out and get into another one? Can you imagine buying groceries on a credit card? Can you imagine buying groceries on a credit card when you don’t pay off the balance each month? Can you imagine paying 26.5% interest on last night’s dinner?
Did you hate paying off the mortgage? Do you wonder how some people don’t seem to care how much money they owe? Some of your co-workers used to complain about how they always had more “month than money”. Did you ever think, “Hey knucklehead, maybe if you weren’t always buying the latest and greatest doo-dad, gee-gaw, or watchamacallit, you’d have more money than month.”? Did you ever think anything like that?
Since everyone always has saved enough money to pay for long-term care, there is no need for any government long-term care program. So Medicaid is bad and wrong. It is just like Social Security. Everyone always has saved enough money to pay for their retirement. There’s is no need for any government retirement income program.
But wait! Social Security is different! You paid in. With every paycheck, the government skimmed off 15+% FICA (employer and employee) to pay for Social Security. So getting some return on your Social Security taxes is OK!
Help me out here… Is Medicaid different? Did you ever get a paycheck where you didn’t pay federal and state income taxes on every nickel you earned? Does the government run Medicaid for free? Did you somehow skip out on paying for Medicaid? With every paycheck. And Social Security check too?
Why are you opposed to getting something back for all the dollars you paid in? It is OK to get Social Security because you paid taxes for it. But it is bad to get long-term care Medicaid because you paid taxes for it?
There are lots and lots of Medicaid programs – dozens of them. Most Medicaid programs provide for our fellow Americans who have very little. But there is a slice of Medicaid, middle-class Medicaid, that pays for long-term care. For all Americans. Even you.
For most Medicaid programs, you have to be broke. Middleclass Medicaid lets you keep your house, up to $700,000. And your stuff, no limit on value. And your “motorized vehicle”, also no limit.
So, Medicaid is bad and you hate it. You hate it so much that you will spend all your money. Then, sell the house and all your stuff, spend all that too. And then wind up on Medicaid anyway. Sounds like a plan to me! Good luck with that.
#12 … Waste Of Time Because Medicaid Won’t Work When I Need It!
Medicaid nursing homes, long-term care facilities, skilled nursing facilities, assisted living facilities, and anyone else who provides Medicaid care are just the worst! If a facility accepts Medicaid, the place smells bad, the staff is rude, the management is poor, and the care is awful. God forbid that you or a loved one is ever condemned to a Medicaid facility or is forced to receive Medicaid services. Great excuse!
Gee, I wonder what percentage of skilled nursing facilities accept Medicaid? 10%? 30% 50%?
Actually every skilled nursing facility accepts Medicaid. All of them. 100%. Do you have enough money to pay $10,000 – $15,000 per month for skilled care? For an average of 3 years. With a good chance of 5 years? Is it ridiculous to think that nursing homes would like to get paid when you go broke? Are you opposed to caregivers getting paid? Do nursing homes get everything for free?
Not so fast! Everybody knows that there are very few “Medicaid beds”. You know, the ones that they seal with plastic. So the bedbugs cannot escape. Just a few Medicaid beds.
Funny thing, though. About 70-80% of long-term, skilled nursing facility residents are paid for by Medicaid. How did that happen? Maybe because all beds are Medicare-certified. And all Medicare beds can be paid with Medicaid dollars.
#13 … Waste Of Time Because Every Other Attorney Must Be Doing This!
Medicaid is for poor people (meaning people without any money or stuff). And you have money and stuff, so Medicaid is not for you! Logical! Makes sense!
Question: How long will you have any money or stuff if you are paying $10-15,000 per month for long-term care?
Are you opposed to not going broke? Is it ridiculous to think that you (or your loved one) might get better care if your lifesavings had not melted away like a snowflake on a hot griddle? Are you against paying for the extra services you want?
You get a shower a week in a long-term care facility. How often do you shower now? Are you against paying some of your hard-earned savings to get a shower more frequently?
If your long-term care “insurance” (also known as Medicaid) paid for the $10-15,000 cost of basic services, and, if your lifesavings were intact, would you choose to spend some of those savings to make your days more pleasant? Do you want to be poor? Is poverty more noble? Is it honorable to spend down a lifetime of work in a matter of months? Does it make sense to believe that the government knows best? Is it foolish to plan for your future?
#14 … Waste Of Time Because If This Worked, Every Other Attorney Would Be Doing This!
Yesterday I was looking in the mirror. I felt depressed. I said to my bride of 15 years, “Honey, when I look in the mirror I see an old, fat, bald guy, and it depresses me. Honey,” I said, “I need your help.”
“Oh?” said the love of my life, “How may I be of service?” “Honey,” I replied, “I need a compliment. Looking at this fat, old, bald guy in the mirror here is bringing me down. I really feel the need for some compassion, a compliment would sure make me feel better!”
“Well,” said my soulmate, “Your eyesight is damn near perfect!”
Since I have been wearing glasses since the 8th grade, my wife’s compliment was exactly what the doctor ordered. I felt better immediately. So, when I ask you, “Is it ridiculous to think that you are not getting older, you are getting better?” Remember this little love tale of mine. And draw your own conclusions.
And the hits just keep on coming! More great excuses are on their way!
Here’s a sneak preview of the next fabulous five excuses to avoid planning:
#10 … Waste Of Time Because It Is Overkill!
#11 … Waste Of Time Because I Will Spend It All Anyway.!
#12 … Waste Of Time Because Medicaid Won’t Work When I Need It!
#13 … Waste Of Time Because Every Other Attorney Must Be Doing This!
#14 … Waste Of Time Because If This Worked, Every Other Attorney Would Be Doing This!
Is Now A Bad Time For A Real Solution?
Perhaps you already have all the answers. Maybe this is no problem at all. Possibly you do not believe in the passage of time.
Your habits and values have earned you peace of mind and financial security. LifePlanning™ is the easy part. You worked for the peace that only comes with financial security. What is most important, legal documents? Avoiding probate, is that the best you can do? Is family about inheritance? Or are the deeper things most significant?
Is any of this easy? Do you want to get lost in the overwhelming flood of claims and promises? Or would you like straight answers?
Well, here you are. Now you know. No excuses. Get the information, insight, inspiration. It is your turn. Ignore the message? Invite poverty? Or get the freely offered information. To make wise decisions. For you. For your loved ones.
The LifePlan™ Workshop has been the first step on the path to security and peace for thousands of families. Why not your family?