Tag Archive for: michigan

Traditional Trusts Fail Families. Save The Cottage!

Summertime Stories

Remember Grandma’s Cottage? You learned to swim there. Caught your first fish (what do I do NOW?!). Stealing bacon for bait when you ran out of worms. The leaky rowboat. Crammed with your cousins in sleeping bags on the “living room” floor. Trading stories in the dark. Grownups yelling “Shut up and go to sleep!” from the patio. Waiting for the charcoal to get just right. Hotdogs on the grill. Toasting marshmallows. Fireflies. That particular musty damp smell. Whatever happened to that place?

Well, they put all us kids on the deed, but it was sold when… Grandpa went into the nursing home… Uncle Chuck went bankrupt… Aunt Susan’s kids kept trashing the place… Aunt Beth got divorced… Cousin Ed needed college money… We just didn’t go anymore… Many reasons, no more memories, no more stories.

But the Cottage can be saved. You can do it. Your kids and grandkids can live those stories, create those memories. Share experiences. Bond as a family. Build the stories they’ll tell the next generation. Crammed with their cousins, in sleeping bags, in the same “living room.”

Do Not Trade The Cottage For The Nursing Home

Most folks simply do not plan for long-term care. You have heard bits and pieces. Old lake friends forced sale to pay the bills. Horror stories. Bad luck. Tough. Sorry it happened to them. Could not happen to your family.

Clarity is the first step. Estate planning is not about the next generation. It’s about you. Right now. Preserving what you own. Protecting what you value. Traditional estate planning fails families. Most folks eventually need long-term care. Most folks eventually sell the Cottage to pay for it. Simple as that.

You can avoid nursing home poverty. Why isn’t it your top priority? How? LifePlanning™. This system acknowledges that middle class prosperity and independence are destroyed by long-term care costs. LifePlanning™ first protects the Cottage and other family assets. Once life savings are protected, the family can intelligently and purposefully plan for life choices respected.

Now the Cottage is protected and purposefully planned. Life choices respected. No threat from health care, lawsuits, or long-term care expenses. Now we are able to look to the future. Some fundamentals are key.

Estate planning is not about the next generation. It’s about you.

Cottage Life Cycle

Cottages have a life cycle that is remarkably consistent. Ignoring the Cottage Life Cycle practically insures failure. Most planning ignores the Cottage Life Cycle.

Little Kid: Grandma’s Cottage is a magical place: sunny days, puffy clouds, fish a-biting, campfires, friends, swimming. Let’s go! Glorious!

Teenage Years: Grandma’s Cottage is a stinky dump. Why do I have to go? Not cool. Get me outta here!

Young Adult: Bills, bills, bills. Cottage? Sorry: no time, no interest. Cash me in my share of Grandma’s Cottage. So, what if you have to sell it? I ain’t got time for that now.

Married with Children: Gee, whatever happened to Grandma’s Cottage? Too bad our kids won’t have that experience. We can’t afford a Cottage at today’s prices. Even the rentals are outrageous. Too bad.

Grandma’s Cottage begins and ends as the most desirable place in the world. But in the meantime, urgency overrules importance, and the Cottage is sacrificed. Bad luck. And it doesn’t have to be that way. You can have both nostalgic memories and today’s adventure.

Two Traditional Techniques, Two Ways To Fail

Families have failed for generations to protect the family Cottage. I blame the lawyers who advise poorly. You think they would have learned by now. You would be wrong. For generations, the most popular techniques are “last man standing” and the “corporate model.” Both facilitate failure.

Last Man Standing

By far the easiest, cheapest, most popular, and least likely to succeed: “Putting the kids on the deed.” Usually as joint tenants with rights of survivorship. Sometimes (usually by mistake) as tenants in common. Disaster! Joint tenancy equals no rules. Everyone can do anything. No one must pay. And you cannot get out of it. Except by death. Example: Grandma and Grandpa put Aunt Sue and Uncle Chuck “on the deed.” They pass on. Aunt Sue pays all the taxes, utilities, upkeep. Uncle Chuck brings his 30 closest outlaw biker chums for the weekend. Every weekend. Aunt Sue cannot prevent it. Cannot stop him. Cannot make him pay his “fair share.” And if Uncle Chuck lives longer than Aunt Sue, he owns it all. It happens. Failure. But it does avoid probate… whoopee!

Sometimes, when one kid has great financial need (real or imagined), the others will agree to sell the Cottage. Failure again.

Corporate Calamity

So how about some rules? Great idea! And that is the basis for the “corporate model.” Create a limited liability company (“LLC”). Now there are rules. But a new problem. The corporate model gives each beneficiary the right to leave. And to be paid off. Compensated for their share of the Cottage. That is when the corporate model fails. Sooner or later, someone wants out. And they have a right to money. Which the family does not have. Forced sale of the Cottage. Failure.

Remember the Cottage Life Cycle. At some point, each beneficiary will “need” the money more than the Cottage. My experience is that it only takes one. One kid to say “Cash me in.” And then the Cottage is sold. Memories last forever, but that’s the end of the Cottage experience.

A New Hope: The National Park Model

Weaknesses of the Two Traditional Techniques are painfully obvious. And have caused great pain in thousands of families. New hope comes in the National Park Model. It is simple.

Grandma and Grampa want future generations to have magical, irreplaceable experiences. Grandma and Grampa know Cottage Life Cycle. They have seen it in operation. They want to guarantee their legacy.

Here’s the idea: National Parks were established to preserve the irreplaceable. Fill in the Grand Canyon? There isn’t another one. Pave over Yellowstone? Gone for all time. But. Set these treasures aside. Prohibit selfish or short-sighted decisions. Focus on the far future. Now things look different.

You can’t “cash in” your share of Yellowstone or Yosemite, just because you don’t plan to go. Why should you be able to “cash in” the Cottage? And wreck it forever?

You can’t just throw down a tent and sleeping bag in a national park. You have to pay the expenses you create. Why should anyone freeload on the Cottage? Why not establish a budget and other mechanisms that will ensure long term viability?

That’s how dozens of families are now protecting the Cottage today. Rules for harmony. Preserving the past for the future. Pay as you go, while building reserves. No desperation. No leaky roofs. No unpaid taxes.

The National Park Cottage Trust works well in many contexts. The hunting property. The family farm. The townhouse. Clarity eliminates family strife. Reliable rules cement family relationships. In a world of conflict and chaos, wouldn’t it be nice to establish a safe haven? Traditions that will endure. Memories down through the ages. Without regret.

In a world of conflict and chaos, wouldn’t it be nice to establish a safe haven?

Taking Care Of Yourself Is Taking Care Of Your Family

Too many families have the story of the Cottage, the Farm, the Hunting Cabin that “got away.” Your family does not have to suffer a similar fate. You can be the author. Rewrite the future story of your life and your family’s. The National Park Model approach preserves resources, strengthens relationships, achieves your highest goals. And when your great-great-great grandchildren laugh with delight, learning to swim, fish and camp on the Cottage you provided for them… Well, I expect you’ll hear it, all the way over on the other side of the Great Divide.

Call (800) 317-2812

Reverse Mortgage, Real Estate, and Medicaid

Answers to your questions
Note: Not Legal Advice!

Can I sell my Mother’s house as successor trustee of her trust. After she gets approved for Medicaid? My mother has dementia and I’ve been successor trustee for years. Her house is in a reverse mortgage and the only item in her trust. I will need to sell it, but how will that affect her Medicaid? Can I move the profits into an acct for her medical needs? A sitter or companion at the facility? After her death I’ll disburse what’s left to her heirs? Or will I have to sign the profits to [Medicaid] at sale?

You Must Sell The House… Or Be Foreclosed!

If Mother is out of the house for twelve (12) consecutive months the Reverse Mortgage Lender can foreclose and force a sale. Special COVID rules now delay foreclosure. And since COVID rules mutate faster than a foreign virus, call us for the latest updates. Or. You can sell the house and repay the Reverse Mortgage Lender. How much do you have to repay? Whichever is less of: 95% of the appraised value or whatever is owed on the reverse mortgage. You keep the leftover money. And since you only have to repay 95% of the appraised value, there will likely be leftovers. Which brings up another issue:

The Problem What To Do With The Leftover Money?

You must report the sale of Mother’s homestead. You have ten (10) days from the closing. Then you must tell Medicaid that the exempt homestead is gone. And that Mother has more money. More money than the $2000 Medicaid lets her keep! So next month, Mother’s Medicaid will end. And Mother will have to spend the homestead money until it is all gone. And then Mother may reapply for Medicaid. New Development: January 2021 spend-down rules prohibit Mother (or you) from spending this money to buy furniture or household goods.

Some Solutions And Strategies

NOTE #1: Your question involves reverse mortgage. However. These strategies can be used by any family considering homestead sale.

NOTE #2: Death is a factor in solving this situation. Money is another factor. Is that harsh or just clear-eyed planning? It seems insensitive to say that “Death is a Planning Opportunity”. Or to be concerned about money when a loved one is in need or dying. But going broke by ignoring reality? That’s worse than harsh or insensitive. Ignoring reality is stupid. And you cannot fix stupid. Let us remember: “Money is Choices.” Folks on Medicaid with money can pay for a private room. Or laundry service. Or a Certified Nursing Assistant. Your money that you earned can improve your quality of life in long term care. That is just the fact. And who knows? There might even be a few bucks left for the kids.

Easy, Easy, Easy! The Pooled Trust

1. Sell the house. Right now. As soon as you empty it of family heirlooms, keepsakes, bric-a-brac and your 3rd grade art projects that Mother has kept all these years.
2. Use a Charitable Pooled Trust.
-a. Deposit the sales proceeds in a pooled trust.
-b. A pooled trust is organized, created, and operated by a nonprofit organization. The nonprofit is the trustee.
-c. The nonprofit takes money from many folks on Medicaid and pools it all together. They then invest the pool of money.
-d. Each person putting money into the pool has a separate account.
-e. The Pooled Trust trustee spends Mother’s account money for Mother’s needs.
-f. No Age Limit!
-g. At Mother’s death, the nonprofit charity keeps the leftover money for its charitable purposes.
3. Upside/Downside
-a. Upside: Super Easy. Barely an inconvenience! Pooled Trust trustees tend to be understanding and generous spending Mother’s money on Mother.
-b. Downside: Nothing for the kids.

Easy, Easy! The Medicaid Payback Trust

Go to your friendly, neighborhood probate court. Get a court order creating a (d)(4)(A) Medicaid Payback Trust. Depending on the county, the local probate judge may have a well-established procedure for this.
1. Sell the house. Get the money.
2. Use the Medicaid Payback Trust.
-a. Deposit the sales proceeds into the Payback Trust account.
-b. You created the Payback Trust. You are the trustee.
-c. You spend the money for Mother’s needs.
-d. AGE LIMIT: Must be under 65 years old!!
-e. At Mother’s death, Medicaid gets the leftover money as payback.
3. Upside/Downside
-a. Upside: Still easy, although you need a lawyer. As trustee, you have complete control so long as you spend the money for Mother.
-b. Downside: Must account to probate court. Nothing for the kids.

Not So Easy – Delay, Delay, Delay! This Is Where It Gets Complicated!

Michigan allows the family to keep the homestead while Mother is on Medicaid. But the reverse mortgage company says sell, sell, sell… and pay us back.

Michigan also says, if the homestead goes through probate, Michigan gets the homestead money to pay back Medicaid. So we must plan to avoid probate. Why? So that Medicaid does not get all the homestead sale money.

And that is why we play to delay. The reverse mortgage company must give 12 months. And with COVID, it is longer. In those 12 months, Mother may need additional care or services. Or Mother may die.

While Mother Lives – Before The Sale

While Mother lives and the homestead is not yet sold how does Mother get additional services? The kids pay for the services. But! Whoever puts up the money gets a promissory note secured by the homestead. The generous kid gets paid back after the reverse mortgage company but before anyone else. We are using the homestead to leverage additional care for Mother.

Mother Still Lives – 12+ Months Later – Must Sell

If Mother survives. Now we must sell the homestead. Close on the sale. Reverse mortgage company gets paid. Generous kid gets paid. Leftovers go to Pooled Trust or Payback Trust.

Mother Dies Before Forced Sale Of Homestead

If Mother has died. Must sell homestead. Avoided probate with trust. Trustee sells homestead. Reverse mortgage company gets paid. Generous kid gets paid. Leftovers divided among all living kids or whomever else Mother chose as beneficiaries.

To Infinity!

Are there a bewildering number of choices, options, permutations, and possibilities? Darn tootin’! Confusing? Mebbe! Worth it? Yes, indeedy! By taking the trouble, you have insured that Mother gets the best care possible. You avoided Nursing Home Poverty. You enabled Mother to get a return on the years that she and Father invested. And there will (may) be leftovers for the kids.

If it was oh so very easy, everyone would be doing it. It is not easy. Which is why most fail. But not you, not your family.

And Beyond!

Applying for benefits does not mean Nursing Home Poverty or silly Spend Down. Learn how to preserve your loved one’s lifesavings, business, cottage, life insurance. Thousands of middle-class families have learned and use these techniques. Why not yours?

Got Questions? Get Answers!

GET ANSWERS NOW… THE CALL THAT CHANGES YOUR LIFE…
COME TO A WORKSHOP… Live or Zoom Webinar… It is INTERACTIVE!

(800) 317-2812

Things Everybody Knows, That Are Not So!

Everybody Knows: Wills Avoid Probate!
Reality Check: Wills Require Probate…

You are an expert for certain things. You know how to quilt. Or fish. Or woodwork. You might have learned on the job. Or as a hobby. But you are an expert. You know how this stuff works.

And then you hear someone else talk about it. A friend. A neighbor. Your brother-in-law. Maybe in the newspaper. And they get it wrong. Oh boy, so wrong. All wrong. A genuine achievement. Give that guy a blue ribbon! For wrongness.

Happens all the time, right?

It ain’t ignorance causes so much trouble; it’s folks knowing so much that ain’t so.
— Josh Billings, 1882

Announcing a New Feature on The Reporter: Things Everybody Knows, That Just Are Not So!

Things regular folks say and believe. That prevent effective action. Setting the record straight, one issue at a time. Shall we begin?

Reading Of The Will:
Who Gets The Leftovers?

For many folks, the question is: When I am dead, who gets the leftovers?

The answer, for many folks: Read the Last Will & Testament! Preferably on a foggy evening. In a creepy old house. With a creepy old lawyer. Surrounded by heirs of mixed ages and questionable virtue. Reading dramatically from the Will in his creaky old voice, the lawyer delivers deeds, heirlooms, and sacks of cash. Virtuous, good heirs rejoice. Evil, bad heirs plot their revenge! And it is all over in just a few minutes.

Would you be surprised to learn that reality is a bit different than the movies? After 2020, are you still shocked when the “experts” get it wrong?

What Is Probate?

Probate is how society cleans up your mess. What mess?

Basic Truth: Middle Class Michigan takes care of business. Handles things. Gets it done.

Right now, most of us own our home (with some help from the bank). And savings account. Investments. Furniture. You pay your bills. And file your taxes. You take care of you. And yours. Humming along like a top… No Problem! A nice tidy picture. You are a responsible person acting responsibly.

But what if things go wrong? What if you cannot take care of business? How could that happen?

If you are incapacitated… stroke, auto accident, Alzheimer’s? If you die. Who is taking care of your business now? Your nice tidy picture is not so nice and tidy anymore. It is a mess. Who does what? Who gets what? Now what?

Probate is the answer when folks do not plan. And most folks do not plan. Most folks wind up making a mess. Probate is the cleanup crew.

You Go To The Supermarket.
For A Loaf Of Bread. One Loaf Of Bread.

Have you ever tried this? Have you ever gone to the supermarket for a single item? And then before you find that single item… You gather up a dozen more groceries you cannot live without. This is how most people go through life. Carrying around their stuff in their own name. Like the supermarket shopper without a cart.

That is fine, so far as it goes. But what if you slip and fall. What happens to the groceries?

Whee! Whoops! Big. Mess. Call the Janitor! Cleanup on Aisle 3…

Probate Court Is The Janitor!

Probate Court is Johnny-on-the-Spot to clean up the mess you made when you slipped and fell. Probate gathers up your groceries and tries to figure out what to do with them. Janitors have a Rule Book about who gets what. It is called the “Estates and Protected Individuals Code.”

The Probate Judge is the Lord High Janitor, Exalted Over All Deputy Janitors. The Personal Representative (or Executor) does the real work. Junior Deputy Janitor.
The Junior Deputy Janitor has 3 jobs.

  • 1. Marshall the assets. Gather up the leftovers.
  • 2. Pay the bills.
  • 3. Deliver the leftovers to the deserving beneficiaries.

 

But What About The Will?!?

Your Last Will and Testament is simply instructions to the Junior Deputy Janitor. It is a note, a piece of paper. Fluttering about betwixt and between the mess. Let us hope the Junior Deputy Janitor finds the Will. Let us hope Junior Deputy follows the Will. Let us hope.

Your Will ONLY works in probate. It is simply instructions to the Probate Court, through the Personal Representative, expressing your desires. Expressing your will as to who should be in charge. Who gets what. Deriving its powers from the Probate Court.

Your Will only “works” after you have died.

Your Will only “works” by going through Probate.

Your Will does not avoid Probate… it is a creature of Probate, part and parcel.

Wills Are Awful And No Good!
Probate Is Awful And No Good!

Kind of extreme, don’t you think? Wills and probate have their place. Some techniques of great benefit to many middle-class families only work in probate.

You know that a rush to judgment often leads over a cliff. Let us calm down. Sensitively and sensibly evaluate our options. And choose according to fact, not fiction. Planning success is a choice, not chance.

We Got Through 2020.
Time To Move Ahead In 2021.

Last year, the number of regular folks planning their futures dropped. Significantly. Could it be that you had other things on your mind?

At the same time, our Crisis Caseload skyrocketed. Special PACE rules mean more families than ever qualify for immediate help.

And fewer people focused on planning ahead, LifePlanning™. The Carrier Team has been busier than ever, but I fear 2020 was a year of wasted opportunity for regular families. I am extremely concerned. What do you think?

You can get the information you want. In-person workshops and one-on-one meetings. Recorded and live-streaming webinars. Like you, we have never stopped serving. As you seek out new ways to accomplish your life’s work, we are on the same journey. By your side. Making the rules work for the people who play by the rules.

Sixty minutes that to accelerate your success. An hour to put 2020 in the rear-view mirror. Avoid Nursing Home Poverty. Reject silly Spend Downs. Learn how to preserve your loved one’s lifesavings, business, cottage, life insurance. Thousands of middle-class families have learned and use these techniques. Why not yours?
Got Questions? Get Answers!

GET ANSWERS NOW… THE CALL THAT CAN CHANGE YOUR LIFE…
COME TO A WORKSHOP… (800) 317-2812

Kent County Small Business Recovery

According to the Grand Rapids Chamber of Commerce, this fund helps businesses that have not been able to access, or have been declined for local, state, or federal relief funds, or need additional support to weather this crisis.

We are focused on businesses that may be dealing with additional barriers including but not limited to language, general business knowledge, and from underserved communities.

Consistent with the limitations of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, these businesses also must have been directly impacted and experienced losses due to business interruption due to COVID-19.

All distributions of funds are subject to the requirements of the CARES Act and Treasury Department guidance on the use of Coronavirus Relief Funds.

Who Is Eligible?

Programs differ in the details. But generally:

  • Private, for-profit business located and registered in the grant district
  • 25 or fewer full time equivalent (FTE) employees (that means you can have 50 half-timers)
  • Some have expanded eligibility to businesses with up to 50 FTE employees
  • Direct impact and loss from COVID (In other words, everybody)
  • In business before 2/15/2020

Your mileage may vary.

How Much?

Smaller businesses with 25 or fewer FTE employees may receive $5000 to $25,000. Twenty-six to fifty FTE workers? You may get $10,000 to $40,000.
Business owners know that money evaporates. Everything costs more. Everything breaks. At the worst possible moment.

Murphy’s Law: “Anything that can go wrong will go wrong”.

Small business Owner’s Law: “Murphy was an optimist”.

Still, these are grants not loans. No repayment. Now you can fix the refrigerator. Restock the supply room. Meet payroll for one more week. It helps!

How To Apply?

Get your financial documents together. You must provide any two of the following:

  • Tax return
  • Income statement
  • Sales report
  • Cash flow statement
  • Profit and loss statement
  • Balance sheet

Sole proprietor? They will need your individual tax return as well.

Most Small Business Recovery Programs have an online application process. And it is simple. Gather your financial documents, file the online application, keep on working your butt off.

How Long To Get An Answer?

Check your email. They are trying to get the money out there quickly. Someday soon, you may get the notice that help is on the way.

But I Don’t Want Government Help!

Small business owners are independent do-it-yourself types. Government hand-out? Perish the thought! Understandable. But.

Government demands taxes. You pay taxes. You never thought you would see any of that money again, right? No return on that investment. This is a return on that investment. Unusual times.

Same approach applies to estate planning and elder law. You paid in, why shouldn’t you be paid back? If you need it. When you need it? Learn more. It is easy. Well, pretty easy.

Getting Started

COVID flaring up again? Today is the best time to plan. Begin by calling the LifePlan™ Hotline: 800-317-2812.

Get Information You Need: Your Life, You Choose!

COVID has not gone away. New challenges arise daily. The risks to what you have earned and built have not gone away. And we have not gone away either. It is your stuff… protect it. With complete control. LifePlanning™ means your choices matter, whatever life brings.

How can LifePlanning™ protect your middle-class life savings? How to get this information?

Are you like thousands of Michigan families who played by the rules and earned homes, cottages, farms, lifesavings? Would you like the rules to work for you, for a change? Why wait until it is too late?

GET ANSWERS NOW. CALL THE LIFEPLAN™ HOTLINE
(800) 317-2812

Estate Planning to Serve You | David’s Story

Folks like us begin working by age 10. Snow shoveling. Grass mowing. Babysitting. Dishwashing. Me, I began delivering newspapers at 7.

I have an older sister, two younger sisters and four younger brothers (8 of us altogether). Dad, a WWII Navy veteran, taught school by day, then worked the local brewery’s graveyard shift. Sixteen-hour days for sixteen years. Mom was an RN. She resumed practice when the youngest was 5. Both parents tracked our grades, chores, and college savings.

Paper route and dish-washing money paid for my first year at the University of Notre Dame. An Army scholarship and weekend pizza deliveries took care of the rest. Upon graduation, the Army kindly allowed me to get my first law degree from Boston University Law School. Like Dad, I worked third shift full time to pay the bills.

On active duty, the Army let me jump out of airplanes, argue murder cases, edit The Army Lawyer, and work at the Pentagon. The Army also paid for most of my Master of Law, Taxation degree from Georgetown University Law. Airborne wings, two Meritorious Service Medals and an Army Achievement Medal. Thank you for allowing me to serve!

A Different Vision Of Estate Planning & Elder Law

Two years at a large law firm were enough. For them. Thirty years ago, I founded my own firm. Dedicated to you. Middle Class Americans. Today, 40+ team members share the LifePlan™ vision:

  • 1. No Poverty. You do not go broke. You will keep your lifesavings. Keep your independence. Period. Money is choices. You decide. At home care, assisted living or skilled nursing?
  • 2. No Handouts. Middle class Americans are not looking for charity. Need long term care? Get the benefits you paid for with every paycheck.
  • 3. No Waste. Avoid probate? Of course. Make sure the beneficiaries get their inheritance, no matter what? Yes!

I reject traditional estate planning. Traditional planning sacrifices Middle-class Michigan to nursing home poverty. Everyone knows this. Your insurance agent, financial advisor, accountant, lawyer. It is no secret. Except to you. No longer. The Reporter gives you the straight story.

Over the years, tens of thousands of families have used the LifePlan™ approach. Simple fairness. You paid in. You get the benefit. Receiving the best care. Maintaining quality of life. Not going broke.

Service To Our Client Families

No billing by the hour. No billing by percentage of your estate. No surprises. We do not like surprises. We will not surprise you. Let’s talk… no charge. No charge for the workshop either. If you choose to protect yourself and your family, we will craft a plan and quote the fee. No risk. You decide. You get options, in writing, all fees disclosed up front.

Many lawyers claim to do everything from traffic tickets to trusts. Can that lawyer is be expert at anything?

Our singular focus is on you and your loved ones. Following through, getting the job done. I call it LifePlanning™. You may call it common sense. Other lawyers wish it would just go away.

GET ANSWERS NOW. CALL THE LIFEPLAN™ HOTLINE
(800) 317-2812

Medicaid Question and Answer

Note: Not Legal Advice!

Can a doctor, nurse, or social worker force someone into a skilled nursing home against their wishes? Mother is unable to care for herself and my father cannot take care of her as he has health issues. The doctor, nurse, and social worker for my mother want to put her in nursing home but she does not want to go. She would rather stay with family with the help of caregivers. She has not been declared mentally incompetent although she has early onset dementia.

Let us agree on a few basics:

  • 1. No one wants institutional care
  • 2. Everyone wants care at home
  • 3. At home care is expensive

No doctor, nurse or social worker can force your mother into a skilled nursing facility against her will. That is the job of the probate court. If the court finds your mother legally incapacitated, it will appoint a guardian. The guardian can involuntarily place you in long-term care. A strong estate plan avoids this.

Doctors, nurses, social workers… they are not monsters. But they are busy. Today they will see another dozen dementia patients. Tomorrow will be the same. Busy professionals. They are experts. Using the same methods over and over again.

Reality: No one cares about your mother as you do. If doctors, nurses, and social workers tried to care that much, the system would break down. They have much to do. Little time to do it. Not their fault. No blame. But…

“Good enough” is not good enough for your mother. But what to do? These folks are experts! They know! So much advice. From neighbors, friends at church, brothers-in-law. You research and get more confused. And hopeless. Beaten down, you go along. Guessing the experts are right… Now mother is in the nursing home. Isolated. Unhappy. COVID quarantined.

It could have been different.

We advocate. Fight for your mother, as I did for mine. This is personal. Thirty years of refusing to take no for an answer.

The Way: Observe, Orient, Decide, Act.

First, observe. Get a good grasp on the facts right now. Gather bank statements, financial records, tax returns. Get the medical records. Organize any legal documents. Stay aware of changes. Get the picture.

Second, orient. Check options. Do not wait any longer. Refuse to accept existing legal documents, like trusts, wills or powers of attorney. Protecting your mother is your job. Your tools must be sharp and strong. Those old documents may be (likely are) dull and rusted. And may fail in crisis. Find out. Costs nothing but a phone call. Might save everything. At least you will know.

Third, decide. What choice will you make? At this point, you know what is available. Crunch time. Refusing to decide is a decision. You may think you were better off not knowing. You might be right. Ignorance is bliss?

Fourth, act. Revise or replace useless tools as necessary. Secure benefits. Go. Fight. Win.

For Your Mother:

  • 1. Get the facts. Call us for a free Discovery Meeting. Telephone call or online video meeting with a paralegal or attorney team member. Get the checklist. Guided, purposeful information gathering. Focused only on the relevant facts. Personal, financial, legal. Then set up the free Engagement Evaluation.
  • 2. Know your options. Engagement Evaluation. Are at-home care options available for mother? What about your father’s needs? How can we secure benefits without sacrificing lifesavings? What residential care options are there?
  • 3. Choose. Consult with your family. Pray. Reflect. Discern. Choose the most appropriate course of action. There is no free lunch. There are costs to doing and not doing. But you decide.
  • 4. Act. Git ‘er done! Secure lifesavings. Mother stays home with free help. Could be the Program of All-inclusive Care for the Elderly or the MiChoice Waiver program. Or an assisted living facility with Waiver might be best. Or full skilled nursing.

Swimming in Lake Michigan is dangerous. The undertow can sweep you away. But if you know how, it can be great. Long-term care is dangerous. Your family can drown in costs, squabbles, inappropriate care. But if you know how, you can transform end of life challenges to triumph. Building shared experiences, cementing family relationships. It is up to you. We can help.

PACE Program eligibility expanded until April 1, 2021

The Program of All-inclusive Care for the Elderly (PACE) provides a full range of therapeutic and care services to you at home. At no cost to you. If you qualify. COVID emergency rules mean that many folks who did not qualify before are now eligible. Even more people can become eligible. We can show you how.

Sad Truth: Many folks who qualify do not even ask because they do not think they could possibly get any benefits. This is bad thinking. Leads to unnecessary nursing home placement for you. Stress on caregiver spouse leads to premature death: 40-50% of the time, the caregiver dies first. Unnecessary.

Good News: Under the emergency rules, you can: Keep your cottage. Keep your farm. Keep your lifesavings. Keep your loved one at home, receiving the support you need to do it.

Are you caring for a loved one at home? Have you investigated PACE? Were you told that you do not financially qualify for PACE? Were you told that you would have to sell or liquidate almost everything to qualify for PACE? Do you think PACE is too good to be true?

Get authoritative answers you can count on. Quickly. No nonsense. Many of our PACE families could not believe that their tax dollars could benefit them. Many more subscribe to the “too good to be true” concept. One short, simple phone call can confirm your worst fears of not qualifying or open the door to a new way of life. That part is up to you.

YOU DO NOT HAVE TO WONDER… IT COSTS NOTHING TO FIND OUT

Goals of a LifePlan™

Too many middle-class families (one is too many and long-term care poverty smashes the security of thousands) go broke from endless long-term care bills. That does not happen to our LifePlan™ families.

It is simple: Three Goals, One Strategy.

1. No Poverty – You will not go broke.

When you are in control, life is good. You will not go broke from casinos, Bernie Madoff, or too many vacations. Long-term care rips the steering wheel from your hands and points you over the cliff. No choice, no chance. LifePlanning™ keeps you firmly in the driver’s seat. In control. Lifesavings intact.

2. No Charity – Caregivers get paid. You already “bought the insurance.”

America pays for long-term care through your taxes. Withheld from every paycheck you ever earned. More than your fair share over the years. You paid for other people. Folks you have never met. You, the middle-class, only want a fair shake. You paid in, you should get paid back if needed. Without sacrificing every red cent.

3. No Waste – Any leftovers go to your beneficiaries. Not wasted on probate or taxes.

Why shouldn’t your family, your loved ones, benefit from your leftovers? Why should probate, taxes, government soak up what is left? Wise plans avoid strife and insure family harmony.

For 30 years, the LifePlan™ strategy has achieved your goals.

The rules can work for you. LifePlanning™ makes the rules work for the people who play by the rules. Other so-called experts, attorneys, planners, financial advisors accept the status quo. They do what everyone else does. The LifePlan™ approach dives deep. Seeking out and securing your family’s future.

LifePlanning™ is middle class Michigan’s tool kit for winning the future. Comply with their rules? Yes, absolutely. If you want to win, you must know how to play the game. Thirty years of study, experience, testing and delivering results have produced the LifePlan™ system. Techniques and tools that preserve, protect, and defend your right to decide how you will live. You earned that right through decades of work and conscientious stewardship. Isn’t it ridiculous to suggest that impoverishing yourself, your spouse, your family is somehow noble? Isn’t it foolish to reject your own life experience for the defeatist counsels of the “wise”?

LifePlanning™ means your choices matter, whatever life brings. Are you like thousands of Michigan families who played by the rules and earned homes, cottages, farms, lifesavings? Would you like the rules to work for you, for a change? Why wait until it is too late?

CALL THE LIFEPLAN™ HOTLINE – 1-800-317-2812

Thoughts for the Newly Widowed

On a cold, rainy Sunday afternoon in early October, Jane despairs at the paperwork piles. Last year, a car crash took Mike, cruelly ending their ten-year marriage. Each year, Mike did the taxes while house bills fell to Jane. Now, it’s all on her. How can she do this alone? A young widow with two young children. Even after a year she cannot concentrate. “Widow’s brain” a friend calls it. A constant fog interrupted by family demands.

Mike and Jane meant to get organized, get their “ducks in a row.” But kids! Jobs! Church! Activities! She gave up her job after the second child. Daycare was so expensive and no family nearby. Jane’s new part-time job barely covers her expenses. What to do now?

Partial Plan Means Total Frustration

Jane could get the checking and savings because they were joint on those accounts. But her name was never put on that cottage Mike inherited. Mike’s life insurance from work is up in the air. They say the “paperwork” is wrong. Health insurance? That “COBRA” policy costs way too much! If Jane gets sick, who takes the kids?

First Things First

Jane and the kids need checkups. Physical and mental! Available without charge in most Michigan counties.

Plan Jane Plan

Jane needs expert help. Thorough review of family assets. Handle Mike’s probate estate. Get the insurance money. Plan for the future. Who gets the kids if she dies? Who will pay the bills? Who makes medical decisions? How can an estate plan that make life for her family easier and safer?

Carrier Law Can Help

A will and trust will direct who gets the kids and the money. No expensive and time-consuming Probate. Financial and health care powers of attorney will allow a loved one to manage her affairs.

Take the First Step!

Jane met experienced, competent counsel who helped her cut through the fog. Take effective action. Provide for herself and her children. As Jane now says, “It’s not about documents, it’s about peace of mind!”

By Claire Clary, Carrier Law Attorney, Widowed Persons Service – Board Member

C-Rations, Long-term Care & LifePlanning™

Every soldier and Marine, and some airmen and sailors, too, know the delights of the Combat Ration. Also known as the C-Ration or C-Rat. Packing 1200 calories into a small, brown cardboard box. Three olive drab tin cans. Main course, soda crackers, something spreadable like peanut butter, jelly, or cheese. Sometimes pound cake or cookies. Plus, a brown foil envelope: salt, pepper, coffee or cocoa, toilet paper. And a P38 can opener. It could be breakfast, lunch, or dinner. As an Army ROTC cadet and on active duty, I ate quite a few.

Everyone said that some C-Rats came with cigarettes, but I never saw any. The best was the John Wayne bar: a disk of chocolate with toffee bits. Spread peanut butter on the soda crackers and make a sandwich with the John Wayne bar. Almost heaven. Getting a John Wayne bar was winning the lottery, and no one ever traded it away.

Printed on the top flap of the C-Rat box was the main course. Beans with Frankfurter Chunks in Tomato Sauce, Fried Ham, Chicken and Noodles, Spaghetti and Meatballs (like mama made!). There were others. C-Rats came 12 or 16 to the case. The case was always flipped upside down when you went to draw your ration. No picking or choosing!

My very first C-Rat was “Ham and Eggs, Chopped.” Scrambled eggs. With ham. From hens that had died during the Eisenhower Administration. In a can. (But I did get a John Wayne bar!!)

It taught me a valuable lesson. Never go on a Field Training Exercise without a bottle of Tabasco.

What has this got to do with LifePlanningTM? Everything!

LifePlan™ Basic Facts

FACT #1: Middle-class Americans cannot afford the $6000-$12,000 per month costs of long-term care.
FACT #2: Life savings evaporate like snowflakes on a hot griddle. (Don’t kid yourself about this. Folks with hundreds of thousands in savings go broke every day. You are not immune.)
FACT #3: When you are broke, then Medicaid, the government solution, kicks in.
FACT #4: LifePlanning™ enables you to qualify for Medicaid without going broke.

C-Rats, Medicaid, Tabasco, Long-term Care, Extras! The Government Solution

C-Rations are the government solution to soldiers’ need to eat in the field. Medicaid is the government solution to Americans’ need for long term care.

You Cannot Avoid the Government Solution.

There are no McDonald’s in the field. You cannot pack in enough sandwiches. You must eat the C-Rat. Long-term care is expensive. You cannot save enough to pay what it actually costs. You will go broke. You must take the Medicaid.

By Planning Ahead, You Can Add To The Government Solution.

Buy some Tabasco at the PX or Commissary. Bring it with you. Share it with your buddies. You’ll be glad you did! Preserve your lifesavings through LifePlanning™. Do not go broke when you need long-term care. Add the services you want and need by paying for them yourself. You choose. You decide.

Freedom, Security, Personal Responsibility

You have lifesavings now because you took personal responsibility for yourself, your spouse, your family. You did not shirk. You did the tough stuff. There are some people out there who did not. Those people will receive Medicaid benefits immediately. You will not. You will have to deplete your savings. Sell the cottage. No legacy. No ability to provide for your spouse. No choice.

How is that fair? I do not think that it is. That’s why I have developed and practiced the LifePlan™ strategy for the last 30 years. You are not a chump, a sucker, or a loser for having worked, saved, and cared for yourself and your family. We make the rules work for the people who played by the rules.

Get Information Now! Call 1-800-317-2812

Confusion! That’s What Insurance is Today

Know Before You Go!

Can we all agree that car insurance is confusing! Our politicians promised us new auto insurance laws to save us big money. How’s that been working out? Starting July 2, 2020, and as we renew our insurance, we drivers are supposed to save millions! So far, the savings are… underwhelming.

Risks are increasing. Everyone is used to having unlimited personal injury coverage. Not anymore. Now coverage is limited and cheaper. And the other guy can sue you for the difference. Will car accident attorneys like that? Will insurance companies like that? Aren’t you glad our politicians simplified things?

Unlimited Coverage for You!

Do you want to worry? No! You get the maximum coverage. The other guy CRASHES into you. The other guy has low or no personal injury coverage. Who is suing you? The other guy. What does he want? Your income, savings, house, whatever. Why? His unpaid medical bills. Is that fair?

But you are fine. You paid extra for unlimited coverage. No worries! Right? Wrong. That only covers your medical bills. Not that guy’s. Glad we saved all that money on car insurance.

Low or No Personal Injury Coverage for You!

Let’s save some money. No or low personal injury coverage for yourself. Bad accident? Sue the other guy! Good luck. Need long-term care after the accident? Welcome to the jungle of long-term care. Annual skilled nursing easily costs over $120,000. How long can you pay that before going broke? And when you are flat broke, Medicaid is your only resource.

All is Not Lost: Protect Yourself.

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

Before You Renew Your Auto Insurance! Three Quick Tips

You have been driving forever. Remember your sixteenth birthday? You camped outside the Secretary of State’s office to be first in line for the driving test. You love driving! Except. Except that annual letter from the insurance company.

Life Is Not Tough Enough Already, You Need More Complexity

Well, that letter has gotten worse. Much worse. You have already received the first confusing communication. Telling you that Michigan’s No-Fault Automobile Insurance Law has changed. Great! Now you now have options! How much Personal Injury Protection (PIP) coverage? What about lawsuit liability? A whole menu of choices! Please select the ones you want. Like you, I too got that confusing letter. And if you are like me, your first answer was “How the heck should I know?!”

Where The Rubber Hits The Road

You are injured in a car accident. Your PIP pays you. PIP covers your accident medical expenses. PIP pays 85% of lost wages for 3 years. PIP pays for replacement services.
Under the old law, your medical expenses were fully covered, without limit. Now, you choose how much PIP will pay.

Three Handy Hints

Do not change your PIP coverage on impulse. I suggest:

  • 1. Wait for a year. Give it a looksee first. Then, thoughtfully, change your coverage.
  • 2. Talk to somebody who knows this stuff. Call your insurance agent. Are cost savings worth increased risk?
  • 3. Buy an umbrella! An umbrella insurance policy, that is. Umbrella policies are cheap. Umbrella policies cover what other policies do not. Think about it!

 

Life Planning™ Means Security

Your life is complex. And getting more complicated all the time. LifePlanning™ secures what you have already earned. It’s your roadmap to the future. If you haven’t already begun LifePlanning™, a free, entertaining workshop is a great way to get started. Just call!

Get Security Now; Call the Hotline 800-317-2812

Client Success Stories…

We were very happy with the information at the workshop on Estate Planning [LifePlan workshop]. Amanda was very helpful in explaining the options we could choose from to protect our assets from excessive taxes.

All questions were answered in depth and in a manner that was very understandable. I left feeling confident that we can contact them at any time for help navigating the system.

The staff are incredibly professional. My mother was treated with utmost respect. Her paperwork was organized and concise. I dealt with David and Jim and they spoke in terms my mother and I could understand.

I was totally lost when my husband’s dementia got bad. David and his group helped me feel in control again. They are there to help me whenever I need them. I should have done this sooner.

Perfect balance of pleasant and professional. Starting with workshops with targeted info, to chit chat with David (and all the staff we met) – great experience. Thank you!

My husband and I just returned from your workshop in Portage…We are so pleased we attended and came away with so much information and insight. The workshop was well organized, well presented and your staff was wonderful. Patrick made things fun, and as he promised, the time flew by. Thanks you again for 2 very well spent hours.

Donna & Stephanie are extremely professional, on top of everything, friendly and just a joy to work with. Very prompt on phone calls, emails, etc. I am very thankful for these two people!

We have been extremely pleased with the professional service of David and the staff. It has been a pleasure working with everyone to make sure our future is secure. David was also very helpful finding an out of state attorney to help our parent’s address their Elder law needs.

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“The Law Offices of David L. Carrier is an estate planning and elder law firm located in Western Michigan. Our main office is in Grand Rapids, and we have 3 other conveniently located offices in West Michigan. We specialize in medicaid crisis planning, estate planning, elder law, probate, wills and trusts.

Our Office Locations

Grand Rapids, MI

Norton Shores, MI

Holland, MI

Portage, MI

Practice Areas

Medicaid Crisis Lawyers

Estate Planning Lawyers

Elder Law Lawyers

Family Trust

Probate Lawyers

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