michigan Archives

What is Probate? Cleaning Up the Mess!

You know how it is. Everybody has something to say. And each one says something different. It is a whole choir singing flat: Financial Advisor. Accountant. Next-door neighbor. Friend from church’s lawyer. That get-out-of-debt guy on the radio. That financial guru woman on public television. Confusing? Yes. Here’s the straight story…

Probate Works Like This. It’s Simple.

1. You run into Meijer (or Spartan Stores or D&W) for a loaf of bread. Before you know it, your arms are full of items you cannot live without. And you are in control of that stuff.
2. But then: You slip and fall! Whoops… the stuff goes flying and makes a big mess. You had total control. Then you had none.
3. Clean Up On Aisle 3!
4. The janitor comes out to clean up your mess. The janitor takes your stuff and decides what to do with it. Where it goes. How it gets there. According to Janitor Rules.

Translation: Here is How Probate Works!

1. You earned and saved. Now you have stuff. Not groceries, but your home, insurance, investments, furniture, automobile, stocks, bonds. You have control. You earned it. It is all in your name.
2. But then: You died. You became disabled. You lost control.
3. Now nobody controls your stuff anymore. Not you. Not anyone else. But somebody has got to figure out what to do with your leftovers… And that’s the job of Probate Court… figuring out what to do with the leftovers.
4. Now a big chunk of your lifesavings goes to probate attorneys and a bit more to probate court.
5. Your beneficiaries get the rest. You hope.

But My Will Avoids Probate! Doesn’t It?

Wills do not avoid probate at all. Your will is nothing but a nice letter to the janitor, asking nicely that the janitor will do as you ask:

Last Will & Testament

Dear Janitor,
When I have slipped and fallen and you find my stuff, please let my spouse/child/someone special help you.
Please pay any bills that you get. Please advertise to see if anyone else wants to claim any of my money. Do not forget to pay yourself and anyone who helps you!

Please do not use your usual rules, but give my stuff to the following folks: 1,2,3…
Thanks Janitor!

Signed,
Person Who Did Only a Will.

Remember: The Will does not do anything except tell the Probate Court where you want the leftover stuff to go. If anyone finds it. Then reads it. Then follows it. And if no one else complains.

A WILL DEMANDS PROBATE!
A WILL ONLY WORKS IN PROBATE.
If sole ownership and death, then Mess.
If Mess, then Probate.
If Probate, then Will.
If no Mess, no Probate.
If no Probate, Nothing for Will to do.

Get the information you need to avoid the janitor! Call 1-800-317-2812

August 10, 2020

Do I Need a Trust as Part of My Estate Plan?

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In light of the COVID-19 pandemic, many people are now either considering putting an estate plan in place or reviewing their existing documents. Everyone should have an estate plan in place, whether there is a global pandemic or things are just fine for you now. Planning for the future just makes sense.

Once you decide that you need an estate plan, the next question, is “What documents do I need?”. Every competent adult should have a properly written Healthcare Power of Attorney document and Financial Power of Attorney document. (More on those in a separate article).

Some people wonder if they need a trust, or quickly dismiss a trust as an option – either because they don’t understand the benefits of a trust or think it is only for those with a net worth in the millions.

A trust is a legal document, created by a Grantor, and managed by the Trustee. Often, the Grantor and Trustee can be you – the person who creates the trust. There are many types of trusts and each has its own specific purpose. In general, the Trustee manages the assets in the Trust while the Grantor is alive, and transfers the trust assets to the beneficiaries upon the Grantor’s death.

Years ago, Trusts were a method to save on inheritance taxes. Unless your estate is approaching $11.5 million, this is not a concern for most people. Today trusts are used more for managing your assets while you are alive and distributing your assets the way you wish upon your death.

Trusts provide many benefits, including: 1) the ability to protect your assets while you are alive, by keeping your assets away from creditors or the nursing home, and leaving a legacy, 2) avoiding probate court and saving your heirs legal expenses and time upon your passing, 3) avoiding estate recovery if the State pays for your nursing home care, 4) providing a trust for your beneficiaries so your beneficiaries don’t lose your life savings to creditors, an ex-spouse or the nursing home, 5) the ability to more easily manage your assets if you are alive but not competent, 6) provide special needs planning if your beneficiary is not able to manage his/her assets due to a disability, and 7) a properly funded trust will avoid probate court when you die, and keep your estate private.

Selecting the right type of trust and drafting it for your own specific circumstance should be performed by an experienced Estate Planning attorney. Some people will research articles on the internet, and download a trust thinking that they will save themselves some money. Practicing Estate Planning is not something you want to risk with your life savings. The failure to have a properly drafted and funded trust can be expensive to fix later or cost you money by not properly protecting your assets for you or your beneficiaries. Some of the pitfalls are: not funding a trust, not having the right trust in place, estate recovery by the state, not protecting your beneficiaries.

Estate Planning is more complex than most people think. Don’t make the mistake of not putting a plan in place just because the thought of planning is daunting. The sooner you put an estate plan in place the sooner your life earnings will be protected, which will give you peace of mind.

Call 616-361-8400 now to schedule a free consultation with one of our experienced Estate Planning attorneys.

August 1, 2020

“Skilled Nursing Care” Without the Nursing Home?

Blog, Nursing Home Care

“Best Kept Secret” Provides Free Care; Thousands Don’t Know They’re Entitled to Benefits. A Government Program That Saves Money and Works Better Than Anyone Expects… Is That Even Possible?

What can be done about long-term care? You want to stay in your home. You want to care for your spouse. Now, and for all the years to come. Surrounded by family and friends. Comfortable, familiar. But you cannot afford it. What if there was help? Help that did not touch your income. And you can preserve your life savings. What if your security and independence were guaranteed? Too good to be true? No, it’s PACE. The Program of All-inclusive Care for the Elderly. Most who qualify have no idea.

Too good to be true? No, It’s PACE!

Attorney David L. Carrier has supported PACE for over 20 years. “No matter what you’ve been told, take a good look at PACE. Let’s face it, care is expensive, and nobody wants to go to the nursing home anyway. PACE means you don’t have to!” “And PACE is simple: Are you 55 or older? Are you safe at home? Some medical or physical issues? PACE might be just the thing.” Carrier suggested. “It’s surprisingly easy to get what you’ve earned. Even if you’ve been told your finances are a problem, don’t hesitate. New approaches mean that thousands of more families can avoid nursing home poverty.”

PACE is a life saver. Spousal care overwhelms even the most devoted husbands, wives, and children. One study states that “caregivers between the ages of 66 and 96 have a 63% higher mortality rate than non-caregivers of the same age.”

Caregiver spouses sacrifice themselves to keep their loved one at home. And then the institution is inevitable. For single folks, sometimes, it’s their children who decide.

That’s why thousands of your friends and neighbors wind up in institutions. That’s why nursing homes, assisted living facilities, group homes are bursting at the seams. No husband wants his wife “institutionalized.” No wife wishes her husband in the care of strangers. And does anyone want to see years of hard-won savings evaporate overnight?

PACE provides doctors, specialists, pharmacy, physical and occupational therapy, durable medical equipment, supplies, home modifications. In Kent County, a brand-new PACE Day Center has just opened. Expanded options are now available to PACE members.

You do not have to go it alone. You already paid for long-term care through your taxes.

As David Carrier has said, “You don’t have to go it alone! You have already paid for long term care through your taxes. You do not have to pay AGAIN. Free durable medical equipment. Free home alterations. No co-pays. Free transportation. Free physical and occupational therapy. And the list goes on.”

Unlike most government promises, PACE has been even better than anyone expected when it began 50 years ago.

June 30, 2020

For immediate
assistance, call us 616-361-8400

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