0:13

He served at the Pentagon as an army jag. He graduated from Notre Dame

0:17

and has two law degrees from Boston University and Georgetown University. He's been practicing

0:23

law for over thirty years. He's your family's personal attorney. It's time for

0:30

the David Carrier Show. Hello, welcome to the David Carrier Show on David

0:35

Carrier, your family's personal attorney. And you have found on the place where

0:39

we played the same music for like twenty years. So we're at the Lakefront

0:44

Living in Cottage show this week and sec going to be live there again today.

0:49

But you know, part of the feedback I get is why he played

0:52

the same old music all the time. And the answer is because nobody likes

0:56

it and playing it all the time. Actually, if you if you want

1:00

us to change it, I'm more than happy to change it. Last time

1:03

we had the ground swell of disapproval of the music. We get good bumper

1:08

music though there's a lot of Motown in there. There's a lot of good

1:12

bumper music. Come on, now, you know we had the Andrews Sisters

1:15

and Supreams everybody. Anyway, if I can understand if you don't like it,

1:22

So here's what the same offer I made the last time. If you

1:26

really don't like it, email me David at Davidcarrier Law dot com. Say

1:30

David at Davidcarrier law dot com. You've heard that before, right, anyway,

1:36

email me and say I hate the music, play something else. I

1:40

want some different background music, you know, in and out. It's I've

1:46

heard the gamut of complaints on it. So okay, fine, you know,

1:49

we do what the people want. That's we're all about democracy here,

1:53

right. Don't believe it anyway? If you do. If you don't like

1:57

the music, I understand, email me, suggest something else and maybe we'll

2:01

maybe we'll try it. We'll see. But but the other times I've tried

2:06

this, nobody's ever responded. So you get to say, you know,

2:09

if you're not willing to, you know, stand up and be counted,

2:13

then then you're going to get what you've always got, which is this anyway.

2:16

Six one, six seven, seven four and no phone calls. I'm

2:20

not taking phone calls on this. You've got to be the you gotta be.

2:22

You got to commit, commit to send the email six one, six

2:25

seven seven four twenty four to twenty four. That's the number. To call

2:30

to get your question, comment or concern on the air. If you have

2:32

a question, comment, or concern about wills, trusts, or probate,

2:37

that'd be the estate planning part. We also do elder law, and people

2:40

get all screwed up with this elder law concept. The idea is asset protection.

2:46

The idea is that older people have more I guess they have more to

2:49

protect, which happens to be true, but ain't. But it ain't necessarily.

2:54

So the point is that even if you're younger, if you have sets,

3:00

you know, you might want to protect those. But that's what the elder law parties. It's a bad name for it, but it's like so

3:07

many bad names got out there early and it's stuck. So what can I

3:10

tell you? Anyway, that's the deal with elder law real estate. You

3:14

know what that is, real estate or business law. So if you have a question about any of that stuff, go ahead and give me a call.

3:20

Six one, six, seven, seven four, twenty four, twenty

3:23

four. Now the whole And now I've got new advice on real estate right,

3:28

real estate and business law, both of them, because apparently now in

3:31

the United States of America, it is not criminal you know they keep saying

3:37

convicted, convicted. There's no conviction here. That's a criminal law term,

3:42

but it's handy. It's a nice term to use if you want to denigrate

3:45

somebody but found liable for an offense. And now this is news you can

3:53

use. Okay, this is news you can use. So the next time

3:58

that you want to sell a house or you want to get a home equity

4:02

line of credit, you've heard of these or refinances. Let's say you have

4:05

a house and you want to refinance it, right, and you've you've been

4:10

to Low's every weekend. You know, Harbor Freight knows you by name because

4:14

you're always buying the new tools to do the home improvement. Handy, Andy,

4:18

I guess is out of business. But anyway, maybe you're over at

4:20

Manara or home Depot. Okay, you haunt those things like the ghost of

4:25

Christmas past. Oh I need this, Oh I need that. Oh,

4:29

we got to redo the bathroom. Oh let's put a slider in. Hey,

4:31

how about building that? Buy now? And you've been doing that for

4:35

a long time and now you think you think that the value of the house

4:41

has gone up because you did all these improvements to it. You bought.

4:43

It was a pile of you know what, and now it's, oh boy,

4:46

it's standing tall. You know, you could put that thing on the cable TV and you know, in one of those home shows that you know,

4:53

super duper makeover shows or whatever, and it would not be or you'd

4:57

be proud of that thing. And now you think, just because you did

5:00

all that work, right, because you cut the grass and plant the flowers

5:05

and shrubs and you did all that stuff, you think it's worth more.

5:10

Right. You think it's you think this is the top dog in the neighborhood.

5:14

And so you go to the bank because you're going to refinance the thing,

5:17

right, and maybe you like to take a little cash out. Some

5:19

people do that, or maybe get a home equity line of credit because you're

5:24

tired of paying you know, thirty nine point four percent on your non deductible

5:29

interest on your credit card. And you talk, hm, let's see if

5:32

I pay off my credit cards at a you know what, seven or eight

5:36

percent home equity line of credit, that'd be better than paying you know,

5:42

six hundred and thirty four three hundred and twenty two percent interest on my credit

5:46

card. That would be better, Okay, And so In order to do

5:49

that, I'm going to go borrow some more money against the house. Always

5:53

a great idea, super duper idea. Get yourself in debt, I interest

5:57

rate debt, and then then put that against the one asset you have that

6:01

appreciates the value. Yeah, that's a great idea. Wow, good good

6:05

financial advice. See we give financial advice here. I'm advising everybody to run.

6:12

This is what we call sarcasm. Uh run, run up your debt

6:16

and then secure it with your house. Yeah, that's a winner. Anyway

6:20

people do that. I know you're surprised, but people actually do that,

6:25

and sometimes it makes sense. Sometimes it really does make sense. You know,

6:30

you don't want to live in debt, although a lot of people do, and occasionally it does make sense if you've got to, you know,

6:35

to manage your debt. Doing the home equity line of credit makes sense.

6:40

I'm not saying it's crazy usually, but sometimes it makes sense and not what

6:46

I would advise, but there you go. Anyway, point being, you go to refinance the house, you go to get a home equity line of

6:51

credit. And because you've been doing all these home improvements, you know,

6:55

you've been going to the home show. You've been going to the Lake Cottage

6:58

and Lakefront Living show. You've been going to the you know this show and

7:01

that show and getting all these great ideas, and you know, you see

7:04

what those guys are doing it for. It makes your eyes pop out of

7:06

your head. What you know, Remember, you didn't do it five years

7:12

ago because you didn't have the money, and now you got the money.

7:15

But now now it costs five times as much. Right, I heard it.

7:18

I overheard that conversation a few times yesterday. You know, we're you

7:23

go because I wandered around with my ears open. You'res flapping in the breeze,

7:27

you know. But anyway, long story short, you do that and

7:31

you apply for this loan for the bank to the bank and you say my

7:35

house is worth four hundred thousand dollars, four hundred thousand dollars. The bank

7:41

says, really, no other house on that street is worth more than three

7:45

fifty, and you say yours is worth four hundred. You know what we're

7:48

going to do. We're going to ask an appraiser to go out and take

7:53

a look at your house. How about that? We're going to have a

7:55

you know, because yeah, on this application you said it was worth four

7:58

hundred. And I'm sure you think it's worth four hundred, you know,

8:01

because you signed this application. You signed it. You signed it saying that

8:05

these things were true. See right down there where's penalties of perjury. And

8:09

I'm telling you I'm applying for this loan and good faith on federal law and

8:11

blah blah blah blah blah. And I'm telling you that this stuff I'm telling

8:16

you here is true. It is true, fact is factual. It is

8:20

true that it's worth you know, my house is worth this much and that's

8:26

you know, because that's what you're thinking. And so they do the appraisal

8:30

and it turns out that no, indeed, your house is only worth three

8:33

hundred and twenty thousand dollars. All right, now, they give you the

8:37

loan based on the three hundred and twenty thousand dollars, not four hundred,

8:41

three hundred and twenty thousand. That's what they That's what they give you the

8:43

loan on. Okay, because you're you didn't fool them with handy andy and

8:48

all that, and they don't believe it anyway, because they're bankers, and

8:52

bankers aren't stupid. Bankers aren't babes in the woods, at least not yet

8:56

that I'm aware of. And so they loan you three hundred and twenty thousand

8:58

dollars. And now the story begins. What story, you say, well,

9:03

the story of your life. Having now told the bank that you had

9:07

a four hundred thousand dollars house, the bank says, you have a three

9:11

hundred and twenty thousand dollar house. Loans you money based on three hundred and

9:13

twenty thousand dollars. Now, of course, now that you've paid off your

9:18

credit cards, now you've got all that extra money, and so you put it against the against the loan. Oh and by the way, you paid

9:24

the interest rate that the bank told you to pay, right. You didn't

9:28

get to set the interest rate. The bank told you what your house was

9:31

worth. The bank told you how much interest to pay, The bank told you what the payments would be. And you made all of those payments.

9:37

Aren't you great? You made them right on time, and eventually you paid

9:43

off the entire loan, And the bank says to you, golly, you're

9:48

such a great customer. You're wonderful. You made all your payments right on

9:50

time. You didn't give us any hassle, you know, and you're still,

9:54

you know, making things happen. You're a great person. Golly,

9:58

anytime you want to do business with us again. In fact, why don't

10:01

you anytime you're drive them by the branch, you know, come on in

10:05

and have a cup of coffee, because we got we got coffee pot in

10:07

there and candies and stuff. You can get a dumb dumb pop man kind

10:11

of cheesy, but you know some places have better candy. And come on

10:15

and have a cup of coffee and just shoot the breeze. Because we like

10:18

you. We like you a lot, because you're a good customer. We

10:20

sure do like you. And anytime you want to borrow any more money from

10:24

us, golly, you just give us a call. How about that?

10:28

All right? Isn't that the American dream? You borrow money, you pay

10:31

it back, you work hard, and all the rest. Well, wait

10:35

till we come back for the rest of the story. You've been listening to

10:39

the David Carrier Show. I'm David Carrier, your family's personal attorney. This

11:03

hour of the David Carrier Show is pro bono, so call in now at

11:07

seven seven four twenty four, twenty four. This is the David Carrier Show.

11:13

Welcome back to the David Carrier Show on David Carrier, your family's personal

11:18

attorney, demonstrating the customer service, the client appreciation, the responsiveness that has

11:26

caused us to stand out for the last thirty four years. That's hard to

11:31

believe in it. Thirty four years. That's a long time. That's a

11:33

long time doing this stuff. Anyway, for the last thirty four years,

11:37

we are skipping the cliffhanger that I left you with in the first segment there

11:41

and going right to our live phone caller. And if you want that kind

11:45

of attention, all you have to do is dial seven seven four two four

11:48

two four six one six. I have to remember six one six seven seven

11:54

four twenty four to twenty four. That'll get you on the air, just

11:56

like Scott. Good morning, Scott, Welcome to the Even Carrier Show.

12:01

Good Martin, mister Carrier. Too kind to uh to uh, you're too

12:07

kind to put me on ahead to be your great story that you're getting ready to dud. Dude, dude, I I understand the reality. It's it's

12:15

only you and me here anyway. Oh yeah, okay, fair enough.

12:18

Uh. A couple of quick questions the first question just just general curiosity questions.

12:24

I've got both in Kentucky and Michigan, and I sometimes I get the

12:26

the rules confused. But in Michigan can the can they trust or person who

12:33

funds an irrevocable trust? Can they be the trustee? Can they control how

12:39

the assets are done? In Michigan? Yep? Okay, good. Uh

12:43

So then that was a curious the other questions. But here's the here's the

12:48

thing. Let me just let me just clarify that there are certain kinds of

12:52

trusts irrevoked. See, the problem is that the label irrevocable trust is it

12:56

It is such a broad category that there are our irrevocable trust where you cannot

13:01

like the statutory asset protection trust, well, you can't be the trustee of

13:05

that. Okay. There are some other tax planning trust where you can't be

13:09

the trustee where the grand the Grand Tour is our trust tour is not the

13:15

is not the trustee. But if you say, as a general principle,

13:18

is it possible for the Grand Tour to be the trustee of an irrevocable trust?

13:24

Well, he answers yes, and that's true everywhere in Kentucky anywhere.

13:28

The question is what was it you were trying to do with the trust?

13:33

What rules are you operating under? Okay, that's the that's the question that

13:37

you have to ask yourself. That's the that's the real question. Okay,

13:41

just to just to say so, it's not a blanket absolutely or never.

13:46

It's depends on the trust, right, Okay, No, fair enough,

13:50

that standpoint. And then then this all falls under the general topic of medicaid.

13:56

So yeah, get the five year look back clock. If we wanted

14:00

to put assets into a trust, but yet you know, for the benefit

14:03

of others, not myself, you know, could I put the assets in

14:07

there? It's five year looking, five year clock ticking, but yet still

14:11

control on how the assets are dispersed to the benefit of others. Yeah.

14:16

Yeah, in fact, in fact, look at there's so are we talking,

14:20

Scott? Are we talking about your own assets, things that you want

14:22

to protect for the long term care for the medicaid? It's actually the previous

14:28

generation ahead of me, the people that are closer to than needing that betther

14:31

than myself. Although I should start thinking about it myself, I know,

14:35

but more so mom or dad, Yeah, mom or dad? Right,

14:41

And we're thinking of doing the five year thing for them. Do Mom and Dad give up control of their assets? The answer is absolutely not. They

14:46

do not give up practical control. Because here's the deal. Let's say there's

14:52

let's say there's a dollar in that irrevocable trust, all right, and now

14:58

lead technically everything else. Mom, who set up the trust, cannot give

15:03

the dollar to Mom. Okay, Mom can't give the dollar to herself.

15:09

Are you with me on that? That's what the trust says. This is

15:11

what triggers the five year look back. Right, But mom can. Mom

15:16

may if she chooses, give it to Scott. Right. Scott happens to

15:22

know that Mom needs a jug of milk, Well, I should make it

15:26

more than five dollars, right, Anyway, Scott knows that Mom needs a

15:30

jug of milk, and he says, ooh, look, Mom gave me

15:33

five dollars. I think I'll go to the grocery store and buy some milk

15:37

for Mom. Well, you can do that. Do that all day long.

15:41

You do whatever you want with the money that you receive from the trust.

15:45

And if you disappoint Mom by not buying enough milk for her, she

15:48

also retains the right to disinherit you. Right, see where this is going.

15:54

Yep? All right. So as a practical matter, and Mom can

15:58

change beneficiary, right, she can make your sister Sue. You remember your

16:03

sister Sue. She can make your sister Sue the beneficiary if she chooses to.

16:08

Okay, So she can disinherit you and leave it to Sue. Or

16:11

she could give the money to Sue and hopes that Sue will go to the

16:15

grocery store and favor her favorite Mom with a jug of milk. So,

16:19

as a practical matter, you have control one other thing which I do not

16:25

recommend, do not recommend. But in other states Massachusetts, New York,

16:30

or to the spring to mind, Mom set up this trust, the Medicaid

16:36

Devestment Trust, right and used it. Mom and Dad did in both cases.

16:40

I think it was a married couple. Anyway, they used it like a piggy bank. They did not obey the terms of the trust. They

16:45

didn't give it to Scott to go get the milk. They went and got

16:48

the milk themselves. They gave the money to the money in money out all

16:52

over the place. Definitely violated the trust. And then they applied I think

16:57

it's mass Health in Massachusetts. New York has another name for it, but

17:00

it is MEDICAIDS. Same thing, and in both cases, the agency denied

17:07

benefits, the lower court denied benefits, the Court of Appeals denied benefits,

17:11

and it finally got to the Supreme Court, which said, you guys are

17:15

looking at this wrong. You're saying that there was no trust. It didn't

17:18

trigger the five year look back. And the Supreme Court Supreme Court of Massachusetts

17:22

said, oh no, Mom and dad are terrible trustees. They're very bad

17:27

trustees. Okay, but they still had a trust and it still triggered the

17:33

five year look back. They were just bad about it. New York did

17:37

the same thing, and there are a number of other states that have taken

17:40

that that have taken that line as well. So I'm not advising mom and

17:45

dad to use it like a piggy bank. Observe the formalities, you know,

17:49

follow the rules. Right, then Scott doesn't have a headache trying to

17:53

go to the Supreme Court of Kentucky or Michigan or someone with the stupid thing

18:00

that it gets it gets handled, right. I mean, it's easy,

18:03

but that's what in fact that Michigan, when we've because we've had people who've

18:07

done that or the kids did it for them. They took the stuff out

18:11

of the trust and put it in mom's checking account, that kind of thing.

18:14

The way the agency deals with that is, yeah, you had a

18:17

trust, it triggered the look back period, but you cured the divestment.

18:22

So the money that you took out isn't protected, but the rest of the

18:26

money still is. That's that's been my experience over the last now, I

18:32

think the first time we had that happen was probably ten fifteen years ago.

18:36

And every once in a while it does happen, you know, because people

18:38

aren't as you know, they're not as meticulous about their bookkeeping as they might

18:42

be, and they make a mistake and they do this and that, and

18:45

then it's treated as a cure. But there's been no attempt at Michigan to

18:49

deny that there was a trust. I don't know, Kentucky, Okay,

18:56

Yeah, So the best bet is be careful with what you do as a

19:00

practical matter. You're in control in fact for tax purposes. All right,

19:06

The federal government, the IRS says that these trusts are not trusts at all.

19:11

Well, they don't say that they say they're disregarded entities. They don't

19:15

care that you set one of these up because it has no effect on taxes

19:19

because you didn't give up enough control. You give up some control, enough

19:23

to qualify for Medicaid, but you didn't give up enough control to have any

19:27

effect for tax purposes. Okay, Right, So the idea that you've done

19:33

this irrevocable trust and yet you still have control. Yeah, nothing new about

19:38

that, Okay, okay, but you have to do it correctly, right,

19:44

I do have a general medicaid question. I know we're running short time

19:47

here. It's a practical question, and I just was curious. So the

19:52

question is this, And for a single person, you've got the asset limit

19:59

of truth thousand dollars and then of course you got the income limit you know,

20:03

to qualify. And so in this particular case, they're living in their

20:07

home. Of course, their property taxes, their their home insurance and car

20:11

insurance is like say three thousand dollars a year for those three annual bills.

20:18

And how do you take and save up you know, because you can't just

20:22

see me if if they're kind of that poor, in that destitute, you're

20:25

not going to have a three thousand dollars account. You could just write a chat, but how do you gave up for it? Right? Scott?

20:29

That music means I got to get out, but I'll come right back.

20:32

If you hang around through the news, we'll come right back to you. And if you can't, I'll answer the question anyway. All right, Okay,

20:38

thanks, good enough, thank you, thanks for calling. You've been

20:41

listening to the David Carrier Show on David Carrier Your Family's Personal Attorney. Nobody.

21:02

David's got the how too you're looking for? Just call seven seven four

21:06

twenty four twenty four. This is the David Carrier Show. Wellcome back to

21:11

the David Carrier Show on David Carrier, Your Family's Personal Attorney. We've got

21:17

Scott on the line, and Scott's wondering if well because he dials six six

21:22

seven seven four twenty four twenty four six one six seven seven four twenty four

21:30

twenty four and you can too anyway, So Scott, let me see if

21:33

I if I understand the question is mom and dad are at home and they

21:38

have to have less than two thousand dollars to qualify for the medicaid and they

21:42

have to have the income limit now for at home cares, around twenty eight

21:47

hundred dollars a month for the person receiving the care. So Mom could have

21:52

five thousand of income, that has two thousand of income. Dad will qualify.

21:56

Mom will not. Based on income. When you're doing the at home

22:00

care, whether it's pace or waiver, either one, they let you keep

22:07

your income because as you point out, hey, I've got bills to pay,

22:11

I got taxes, I got all the rest of this, And that's

22:14

true. Now what you want is less than two thousand in your asset account,

22:18

and then you have the income account, and generally speaking, because you're

22:22

spending that money on the taxes, the utilities, the upkeep, the all

22:27

the rest of it, then you're going to be fine. It's just during

22:30

that application period though, you've got to be down to the down to the

22:34

two thousand dollars. Does that make sense? It makes sense. They don't.

22:38

After the application is over with, they're not going to take it.

22:41

When you start getting it from you know, two to three thousand dollars because

22:45

you have pending bills, they're not going to come back and bite you.

22:48

That's right, that's right, that's right. And you know, and especially

22:52

if you've got mom and dad, and mom's the one getting the benefits.

22:56

Then you just put it on dad's name, you know what I mean,

22:59

You just put it in his account because Dad's going to be The thing is,

23:03

once they approve you for medicaid, Before they approve you for the medicaid,

23:07

a married couple is viewed as an asset control group of two, a

23:11

fiscal group of two. They count you both together. But once you've been

23:15

approved, even though this doesn't legally happen until the next year, you know,

23:19

thirteen months later, but as a practical matter, they treat you as

23:23

each an asset control group of one, and so they look at mom's income,

23:30

mom's assets, Dad's income, Dad's assets after you get approved. But

23:34

you've got to you got to keep everything together until you get approved, and

23:38

then they tend to look at it separately. You know, legally, that's

23:42

not until the presumed asset eligible day, which is twelve months after the month

23:48

of processing, which winds up being about thirteen months later. But the point

23:52

is you're gonna be okay, okay, don't worry about it. Yeah,

24:00

I appreciate it, all right, Hey, you're welcome, Thanks for calling.

24:03

Do appreciate it. You're listening to the David Carrier Show. I'm David

24:07

Carrier, your family's personal attorney. We've got Mark on the line. Hello,

24:11

Mark, Welcome to the David Carrier Show. Hey David morning, Good

24:18

morning. So I guess there's three of us now. Yeah. Now,

24:22

I've had two hip replacements, the right and the left, within the last

24:27

four or five years. One is perfect, I have no problem. Both

24:33

were done by the same surgeon. The second one has been giving me problem

24:37

since the day one. And that was the first one, and I went

24:41

back and they said there was nothing wrong. My surgeon retired. I went

24:48

back to his replacement and he showed me x rays that said that the socket

24:53

on one of the hips was not placed in properly and that's contributing to the

25:00

noise, the discomfort, and the lack of confidence in the hip. Okay,

25:06

I've had gone through all the secondary tests looking to go maye possibly to

25:11

get a second opinion. But my question is, you know, is there

25:15

any recourse that I have, especially because the surgeries that were done before were

25:22

on another insurance which I had extremely good insurance, which was out of pocket,

25:26

no more than fifty dollars. The revision surgery is supposed to be twice

25:32

as long. It's supposed to have up the same type of recovery. And

25:37

I'm probably going to have to spend about nine grand out of pocket to do

25:40

it because I'm at a different insurance and I just am looking for what kind

25:45

of recourse I might have. Well, the whole thing with malpractice, and

25:49

it's not an area practice for me, But you know, did you meet

25:53

did the surgeon meet the standard of care? You know that was that was

25:57

at the time. Is also the thing about discovery when you find out that

26:02

there was an issue. So let's assume that you just found out that you

26:06

were told before, oh no, this is all fine, and now you're

26:08

being told, oh no, there's a real problem here. The next thing

26:12

to do, and this is what someone who does malpractice would tell you to

26:17

do, is you have to have you have to get that evaluated, and

26:22

before you can proceed with the case, you've got to get a board to certify that, yeah, there was a violation of the standard of care here.

26:27

It doesn't turn, it doesn't really turn at all on your insurance or

26:33

what you're paid for it or anything else. It's the damage that was done

26:37

to you as a consequence of the of the malpractice. I have to tell

26:42

you that it's you know, it's probably going to be a tough a tough

26:48

one because and again I'm I'm not talking as someone who does medical malpractice,

26:56

but there is an awful lot of you say, questionable medical stuff going on

27:03

put it that way, or things where people actually get hurt and there is

27:06

negligence and people do get hurt. But then the question is does it make

27:11

sense to take a malpractice case on that? Okay? Like what are the

27:15

damages? And damages are primarily economic. One of the difficulties we have with

27:19

older folks is the argument is always, well, you're only you were going

27:23

to die anyway, okay, you know, or you're not earning anymore.

27:29

So the economic damages are very low. You may have pain and suffering and

27:34

all that, but you're not going to recover very much on that because that's

27:40

a factor of the economic damages that you suffered. And if there are no

27:42

economic damages, oh well, too bad for you, I guess. And

27:48

then the attorneys who do the medical malpractice they don't want to and they generally

27:56

finance it. They're the ones with the experts and all the rest. They

28:00

generally don't want to finance a loser because the cost of the experts to determine

28:07

whether or not there was a violation, and standard of care and everything else,

28:10

that all comes off the top, you know that before they get their

28:14

third before you get any finger two thirds. Generally speaking, in a malpractice

28:19

case, you got to pay all those experts. And if if the if

28:26

they lose, there's no recovery, then you're on the hook for the experts

28:33

because the physicis the the attorney can't do it for free. I mean,

28:37

that's what the rule is. I think. I think as a practical matter,

28:41

there's not much collection activity on the part of malpractice attorneys when it comes

28:45

to their clients if the if the case didn't succeed. But the point is,

28:51

these are very expensive cases to bring. There are a lot of defenses

28:56

to it. It would be but it would definite only be the sort of

29:00

thing I would think, where you should go and I and do it on

29:04

Monday, get the get the second opinion, get the second opinion. Find

29:10

you know, it would be worth finding, you know, spending whatever it

29:12

is you got to spend in a copey to get a to get a second

29:18

opinion, then wait until the statute of limitations is run out and think,

29:22

you know, could have, should have? Would a You know what I'm

29:26

saying. Yeah, yeah, it makes sense to me. And my inclination

29:30

was not to go the malpractice route. What was to talk to the business

29:36

department of the orthopedics organization to say, Hey, this is what your own

29:42

surgeon is saying about your replacement surgeon about with the previous surgeon. How can

29:48

you help me get this revision surgery at a reasonable price. That's all I

29:53

want. I would I get, I get that? So what I would

29:57

do, because look, you don't know if you've got a big stick or

30:03

a little stick or no stick at all. You don't know, Okay,

30:07

So it would be worth your while to talk to and let your fingers do

30:11

the walking, right, talk to a number of real not me, but

30:17

real medical malpractice guys, tell them what the symptoms are, and find out

30:21

from them whether or not they think you've got a case. If they take

30:25

the case, you've got a case, because they don't take the cases that are losers. And then you know, right then you're going to these people

30:32

and you're saying, look, you know I got Dowey cheatam and how over

30:36

here? You know who're going to rip you a new one if you don't

30:38

help me out with the medical bills on this right now, because otherwise they'll

30:44

buffalo you. They'll just tell you, well, I don't know what you're

30:47

talking about. Everything's good to go here. You need to you need to

30:51

have some and maybe this phone call is the first step in that journey to

30:56

get some, find out, find out what what the heck? What is

31:00

the deal? Right? And that's what you that's what you need to do

31:06

first. And then I've already got a second opinion lined up, so I'm

31:11

going I'm going down that path. So I appreciate your help. Yeah,

31:15

oh hey, you're welcome, you know, for what it's for what it's

31:18

worth. But it's like anything else in life, the more prepared you are,

31:22

the more likely it is that you're going to get what you want.

31:26

And I'm just encouraging it. Yeah, you're doing it right, Keep keep

31:30

down that path. But I would call a few I would call a few

31:34

medbal attorneys and just let them know what your situation is and have that conversation

31:40

as well. Okay, very good, very good. Thank you. Thanks

31:45

for calling. Mark. You're listening to the David Carrier Show. I'm David

31:48

Carrier, your family's personal attorney. David's perkin and working and taking your calls.

32:07

Now. This is the David Carrier Show. Welcome back to the David

32:16

Carrier Show. I'm David Carrier, your family's personal attorney. You may recall

32:21

it in the very first segment of the show, posed a. You know,

32:24

because we deal with real estate and business law, and obviously some of

32:28

you have real estate, whether it's a house, car cottage, or whatever

32:30

it may be. And you know, we just have a handy hint.

32:36

You know, this is sort of a reminder. Now we've been going for a little bit of time on this one, but let's review the bidding,

32:44

shall we. So you want a home equity line of credit or you want

32:47

to refinance your house. And since you bought the dang thing, you've been

32:52

haunting, you know, harbor freight minards, home deep and lows like the

33:01

like the ghost of Christmas past. Right, you're marly, they're hunting the

33:07

thing whatever. And you know you've done all these improvements on your house and

33:10

now you're convinced that your house is worth four one hundred for one hundred dollars

33:15

dollars. Oh my goodness, Well you know that that counts for something as

33:19

well as the bird bath, and not to mention the mirrors that you put

33:23

on the bathroom walls. Anyway, the point is you think it's worth more,

33:29

and when you apply for your home equity line or credit, your refinance,

33:32

what have you, that's what you put down. You say, my

33:35

house is worth four one hundred thousand dollars. And then the bank says,

33:38

wait a second, we had an appraisal here and it says worth three hundred

33:42

and twenty. But you know, we're happy to loan you the money on

33:45

three hundred and twenty. And you say, well, okay, fine, why not? And our interest rate is based on the three twenty, and

33:50

your payment schedule is based on the three twenty plus your credit history, we

33:53

don't ignore that. And these are all the factors that go into us making

33:59

this loan. But you on your application, you see you put down it

34:02

was worth four hundred thousand dollars, but it really wasn't. Boo. But

34:08

now ten years later you've paid off the loan. The bank got all the

34:15

interest it wanted. The bank is happy with you. In fact, they invited you in to say, you know, why don't you come by and

34:20

chat up our customer service representatives because they liked you as much as we did,

34:24

and we all love you, and you're a wonderful person. And by

34:29

the way, you know, stop buying for a cup of coffee anytime.

34:32

And you say, friendly bank, that's very nice, and they say,

34:36

and we've loaned you more money in a heartbeat, no problem, you know,

34:40

want to borrow money from us, You go right ahead. We love

34:44

you. And then a couple more years go by, and you know,

34:47

maybe do a little more business with them, whatever, And of course you

34:51

pay it and you pay it off. And then then you express an unpopular

34:55

political opinion and unpopular polytical opinion. Right, you don't think that kids ought

35:02

to be driving riding their skateboards on the sidewalks. And it is so outrageous

35:07

that you're right that you're objecting to people. You are the bad person in

35:12

the neighborhood. You you terrible person because you don't want people riding skateboards on

35:16

the on the sidewalk. And it's so bad that you want to stop people

35:21

from walking driving skateboards on the sidewalk, that somebody decides to run for this

35:25

attorney to get you, like, I'm gonna get that awful non skateboard riding

35:30

person because non skateboard riding people are terrible, terrible. I'm gonna put them

35:37

in jail because they deserve it. I'm going to go after them. You

35:40

bet you and all the skate rid skateboard riding people say, yeah, that

35:45

guy is terrible, Karen, terrible person, you know, putting people pee

35:52

wee herman there you stopping people from riding skateboards on the sidewalk. You're terrible.

35:55

And so then this person actually gets elected as the DA with some money

36:00

from you know, some guy who used to be Hungarian or whatever. I

36:05

don't know, could be a Hungarian, who knows, And so he gets

36:07

elected because he's in favor of skateboard riding and you were opposed to skateboard riding.

36:13

And then this person who gets elected, you know who's gonna go get

36:16

you because you know you're a terrible person, finds out that you put in

36:21

this home equity line of credit or house refinance or something and you overstated the

36:27

value of your house and you say, well, what are you talking about.

36:30

I paid all the money back. I paid all the money back.

36:36

You know, I don't like skateboarders on my sidewalks, that's true. But

36:38

otherwise, you know, I employ all these people in the neighborhood to cut

36:43

the grass, right to paint the house. You know, I'm a solid,

36:46

upstanding member of the community. Yeah, I don't like the skateboarders,

36:51

that's true, but you know, look at all the other good things I'm

36:54

doing. When when the skate skating rink wasn't working and they were having troubles,

37:00

I know something about skate skating rinks, and I went in and I fixed that ice rink, and you know, really helped out there, and

37:05

it was under budget and it was it was just wonderful. And I've done

37:07

all kinds of things to dress up the neighborhood, you know what I mean.

37:10

I helped with this, and I helped with that, and I'm very

37:13

active in community. And the only thing is the skateboarders. I can't stand

37:17

them. And uh and but then they find so you think you're an upstanding

37:22

good person and all the rest of this, employing a lot of people,

37:25

and you know, generally not making a nuisance of yourself. Like it's not

37:29

like you would do record yourself smoking crack with prostituted women or whatever else.

37:37

It's not like you would do deals with dirty, dirty deals with foreign governments

37:40

or anything like. No, no, no, you wouldn't do anything like

37:44

that. But but you did. You did, you did say that the

37:52

you did say that. Oh and by the way, they had a referendum on skateboard riding and you opposed it and you said, oh, I think

37:59

they'll skateboard riders cheated, and you actually said that out loud, so that

38:04

now they really hate you, right, because you are you are insurrectioning against

38:07

the skateboard riding public. So not only you know, forget all the other

38:12

stuff that you did. You're a really horrible person, aren't you. You

38:17

bad anti skateboarder person. You. Yeah, you didn't do crack. Yeah

38:22

you didn't do deals with foreign governments. Yeah you didn't you know, take

38:27

pictures of yourself naked and depraved and all. Yeah, you didn't do any

38:30

of that and then leave it on the laptop and fix it shop and in

38:32

Wyoming or something, and you know you didn't do any of that. No,

38:37

but you did oppose these skateboarders, and that's that makes you terrible.

38:39

Plus you overstated the value of your house on that application, which didn't fool

38:44

anybody for a second, and you paid all the money back with interest,

38:46

and they love you. Okay, Well, because you did that, you

38:52

now owe us eleventy nine million dollars. Pay up. And if you don't

38:59

pay up, with ten taking your house. Oh by the way, I heard you had a cottage too, we're taking that as well. Oh by

39:04

the way, we understand you had a retirement fund. Idiot. Now it's

39:07

taken that as well. And if you want to complain about the way we

39:12

railroaded you, you got to pay it all first. You got to pay

39:15

it all, all of it. You got to pay first, and then

39:20

we'll then we'll let you. Then we'll let you take a look at what

39:22

it was we did. Okay. So my advice to you right number one,

39:30

even if if you don't like the skateboarders, it's it's America, right, it's a free country. You get to say what you want to say,

39:35

right, You can say what you want to say. Still, don't

39:39

do the crack and the other stuff. That's that's risky behaviors. Bad bad

39:43

baby, don't do that. But if you're going to apply for a loan,

39:49

right, be sure to get the appraisal first. Because if you don't

39:52

and you think your house is worth whatever because you're sziloaded or something, you

39:55

know, something like that, or maybe your ego is such that you think

40:00

your handywork is so great, right, because you could be in real trouble.

40:04

And that's my advice to each and everybody. Before you refinance or do

40:07

a homeworkree line of credit, just be careful. That could come back and

40:12

bite you. I've been listening to the David Carriers Show. I'm David Carrier

40:15

giving you practical legal advice to keep your butt out of stir. It's right,

40:23

very helpful, saying after dawn