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, and welcome to the David Carrier Show.

0:35

I'm David Carrier, your family's personal attorney, and now's the time to give

0:40

us a call at six one six seven seven four twenty four twenty four.

0:44

That's six one six seven seven four twenty four twenty four. That's the that's

0:49

the studio, and we'll get your question, comment or concern on the air

0:54

if you if you just do that, and you know, if you have

0:58

a question, comment or concern, especially about wills, trusts are probate.

1:00

If you're wondering how do we beat the high cost of long term care?

1:03

You know they just are read again where seventy trillion dollars is going to the

1:10

next generation over the next twenty years, which is just a bunch of hogwash,

1:15

just a bunch of bs, just a bunch of never gonna happen,

1:19

because why because you're going to wind up in long term care, and that's

1:21

where the money's gone. And you know, why do people why don't you

1:26

know, why don't people like just do the research and when they say who,

1:30

you know, because you see the numbers there anywhere from fifty trillion to

1:34

seventy trillion dollars and it's like, well, okay, if you're one of

1:38

those mega millionaires, right, a good deal, that's probably going to get

1:42

taxed, right, estate tax. And if you're not, you know,

1:47

if you're just regular folks, which is frankly where most of the money is, regular folks, you're not going to have it because of inflation, right

1:56

you ever see? You know, this is the thing. Another worrying trend

2:00

that people that seem to ignore is that people are pulling money out of their

2:02

four oh one k's like crazy, all right, you're not doing that,

2:07

I understand because you planned a head. But younger folks they're taking loans against

2:10

the four oh one k. They're doing hardship withdrawals and all the rest of

2:13

it. Because why because we have the best economy ever ever and inflation has

2:20

gone away now, thank you, thank you government. Right because now we

2:23

don't have inflation, which is why which is why credit card ded is skyrocketing,

2:30

which is why people are taking the money out of the four to one case, which is why the rest of these things are happening. Because everything

2:36

is so good. Shut up, you may say, Okay, anyway,

2:39

that's happening. What else? What else is happening in the world of stupid

2:45

and evil? Well, in the realm of stupid. The White House seems

2:50

to think that bunnies and eggs are not religious symbolism. Okay, you know,

2:57

the reason we have bunnies and eggs has nothing to do with the fact

2:59

that it's Easter. I guess it's just a spring fertility roman ritual or something.

3:02

I don't even know what they're thinking. But they did ban religious symbols.

3:08

There's no religious symbology on the on the Easter eggs this year, because

3:14

why because that would be something who knows. They don't explain that stuff.

3:19

They just say, here are the rules. And this was one of those

3:22

stories that's too good to check. And so it's like it's like when you're writing about wealth transfers and you don't even bother checking on all the debunking that's

3:30

gone on. In fact, because the money is actually going to go to

3:32

healthcare, is going to go to long term care. That's where the money's

3:36

going. It's going to taxes. You aren't going to get it, but

3:39

too good to check. So I did check out the thing with the the

3:44

economy and apparently with the with the Easter eggs, and apparently that is that

3:50

is one hundred percent true. Also, they decided that Easter Sunday would be

3:53

a great day for you know, for declaring the people who can't tell their

3:58

gender by looking between their legs. Those people, this is their special day.

4:03

Yay inclusion, Yay tolerance, Yay hurrah. Yeah, okay, but

4:12

I get it slap in the face, thank you very much anyway. So

4:15

that's that's also going on the Mexicans. You know, the President of Mexico

4:19

was in town last week apparently and said that the reason that we have a

4:25

drug problem, you know, why are we complaining about all the fentanyl coming

4:28

through Because they complained to him they said, ooh, you guys are terrible.

4:31

You're letting all this fentanyl through and said, well, yeah, we

4:38

may be run by the cartels. No, he didn't admit that, but

4:41

he's like he's like, yeah, well, you know we still go to

4:43

church and raise our families. How about that? Oh, by the way,

4:46

we don't have open borders. What we have is an open highway,

4:50

you know with you know, you want to come to El Norte. Well

4:55

that'd be fine, but we'd staying around here. I mean, you know,

5:00

I would settle. I would be really happy if we had an enforced

5:05

immigration laws just like Mexico. Let's look at any Central American country and adopt

5:11

their immigration laws. Why don't we do that? Right? Why not sauce

5:15

for the goose? Right, it's good enough for them. Why not got

5:18

why not go you know, why? Why? Why are we so culturally

5:20

insensitive? We should just do what the Mexicans do when it comes to when

5:25

it comes to that kind of thing. But of course somebody made a deal

5:28

with the cartels. Who who did that? I don't know, but uh,

5:31

but that's kind of where we're at. Okay, so in the run,

5:36

but you know, it just strikes you sometimes just how you know,

5:42

you know, like like is it ignorance, which would be stupidity on the

5:46

east great thing? Or is it just evil? You know, it's like we're going to take you know, some religious symbolism that's been around forever.

5:54

In a day or two thousand years, however you measure it, that seems

5:58

like a long time to me. And then, you know, scrape its

6:02

guts out and then wear it around like a costume, like a skin suit,

6:06

and demand respect. There's a guy who says that, you know,

6:10

the whole methodology here is to take a respected institution, right, scrape its

6:15

guts out, and then we're like Harvard, Like Harvard. I mean,

6:17

did you think that everyone at Harvard was a plagiarist? Well apparently not everyone,

6:25

not everyone, although they haven't finished the analysis yet, but it certainly

6:29

seems like an awful lot. And you thought, well, Harvard, what's a freaking Harvard? Hear mean, come on, Havid Aji with a v

6:35

v A with a D, Havid Havin Hurrah, you know, come on,

6:41

well, no, no, sorry, you know, just a bunch

6:44

of phony, nonsense people passing stuff back and forth between each other. There's

6:47

a guy who just came out, one of these super respected guys, right

6:51

and researcher what have you. It turns out that he took like the same

6:56

study. Right, look this up, look at this is a great thing

6:59

about the internet. Don't have to believe me on anything. You can do your own research. But there's a guy who used the same research, and

7:04

he was one of these cutting edge, you know, inclusive guys, and

7:09

you know, not a jerk like me, but you know, somebody's very

7:12

sensitive and understanding. Anyway, he repackaged the same research like five times and

7:16

sold it as five different research product projects over the years, you know,

7:21

like change the names a little bit or whatever. So he basically did one

7:26

study. He made a whole academic career out of it. Now, and

7:30

this guy's really prominent. See, this is the thing that gets me. It's like these people who are so prominent that they're like right out there right

7:38

and they're the ones getting caught doing this stuff, which makes doesn't it make

7:42

you wonder? It makes me wonder whoever checked up on this guy? Like,

7:47

like, whoever checks up on me? You should check up on me.

7:49

Call Notre Dame man asking, Hey, did this jackass ever go there?

7:53

Huh? He's just making that up. Call Boston University, Hey,

7:56

BU law School, do you disavow this guy? Why not? Or Georgetown

8:00

for that matter. Call the army, good military record? Did he ever

8:07

do this stuff? He says? He did you know why not? I

8:11

mean, maybe it's all maybe it's all a bunch of phony blogey. Huh,

8:15

what do you think? Well, it turns out there's an awful lot

8:18

of these people. It's just phony blooney. And these are the people you

8:20

would think had been vetted. You would you would think that these people,

8:26

you know, academics, with all the blah blah blah people, would have

8:28

at least taken a look at it. And apparently no, they haven't.

8:33

And apparently the reason they haven't they're all in on it. It might being

8:39

it might being harsh. Is that is that unfair? Right? When you

8:45

find out that all these people that you respected so much, you know,

8:48

it's all a bunch of nonsense anyway, you know, it's all just recycled.

8:52

And then and then look here's so here's the thing. It's like,

8:56

okay, okay, it turns out that these very very domin in people,

9:01

you know, the leaders of their community, the leaders, right, oh,

9:03

people really know what's going on? Are you know, just fakers?

9:09

Okay, just a bunch of phony bologny, you know, Milli Vanilli of

9:11

the academic world. Okay, fine, well, not even Milli Vanilli because

9:16

at least with Milli Vanilli, somebody was singing. I mean, it was some at least they could dance. I mean at least that you know,

9:24

that was Milli Vanilli's thing, right, they were lip syncing, yeah,

9:26

but at least it was real music there, and they could you know,

9:30

they had a dance routine. So they're not even as good as Milli Vanilli.

9:35

You know, it's just nonsense that nobody understands because nobody cares to read

9:37

it. But but what about the next layer down right? What about the

9:43

other people with these PhDs and this nonsense stuff. You know, it doesn't

9:48

it make you wonder? It makes me wonder. I mean it's like, okay, if the if the leaders of the field are all full of bologney,

9:56

what about the followers? I mean, how much bologny us they be

10:00

swimming in? You know what I mean? I mean, how crazy the

10:05

leaders of this thing? You know, the Ibraham Kendy's of the world or

10:11

whatever his name is. You know that guy all a bunch of phony,

10:13

research, all a bunch of research quote unquote, you know, all a

10:18

bunch of nonsense, right, doesn't stand up? You know when you do

10:22

it? Oh, plagiarism. And I'm not saying anybody's a plagiarism. I

10:26

don't want to get sued, but because I don't really know, I haven't

10:28

done the research on that. But it's you know, it's like this is

10:31

all a bunch of nonsense, right, and they just telling each other this

10:35

stuff, and they give each other a bunch of money to do it.

10:39

You know, there are universities now with you know, they just advertise for

10:43

you know, you can make a couple hundred thousand dollars criticizing other people who

10:46

knew. Anyway, you've been listening to the David Carrier Show. I'll get

10:50

back to the low stuff next time, I promise. I'm David Carrier,

10:54

your family's personal attorney. This hour of the David Carrier Show is pro bono,

11:13

so call in now at seven seven four twenty four twenty four. This

11:18

is the David Carrier Show. Welcome back to the David Carrier Show. I'm

11:24

David Carrier, your family's personal attorney. Now's the time to give us a

11:28

call. Sixty one six seven seven four twenty four twenty four. That six

11:33

one six seven seven four two four two four will get your question, comment

11:37

or concern on the air. Okay, let's let's actually do a little lost

11:45

stuff here. How about that. You want to do that? You know,

11:48

we can talk about billings and stuff. I'll talk about that later maybe. So my mother inherited a house in a senior community. Mom inherited a

11:54

house, okay, got it. My nephew convinced her to sell the house

11:58

less than a year after she inherited it so they can buy a house together

12:03

without her on the title. Wo She now has to pay taxes on the

12:07

sale of the house now due to not waiting long enough, and my nephew

12:11

with his family is verbally abusing her. Now, well, those are two

12:15

separate issues, right. The new house is isolated from senior living, which

12:18

I don't understand what that means. What can we do? Well, here's

12:22

the here's the thing. If your mom actually inherited a house, Okay,

12:28

if she actually inherited a house. See what they're what they're asking about is

12:31

if you hold a house for more than a year, then it's long term

12:35

capital gain. Okay, very favorable, very favorable. Taxation rates on long

12:39

term capital game maybe zero zero, depending on For most seniors, the the

12:46

income tax on long term capital game is gonna be zero. But if you

12:52

do it in less time than that, then you pay an ordinary income tax

12:56

rates. And that's apparently what they think is happening. But if it says

13:01

mother inherited, that means somebody died and left her the house. Right,

13:05

that's what inherited means to me. Maybe it means something different to these folks.

13:07

But if that is what happened, then Mom will be treated as if

13:13

as if she had paid fair market value for the house. Okay, now

13:18

what's fair market value? Well, if you sell it within one hundred and

13:20

eighty days, it's presumed to be the sale price of the house for real

13:26

estate. Okay, it's presumed to be the fair market value is when eight

13:31

you know, within the first one hundred and eighty days. So let's say let's say the value of the house is one hundred thousand, right, and

13:39

Mom gets it and she sells it, She inherits it and sells it.

13:43

Well, she treated, she is treated and this is called stepped up basis.

13:48

Wooh, text her, but don't worry about it anyway. She's treated

13:52

as if as if she had paid one hundred thousand dollars for the house.

13:56

Well, if you pay one hundred thousand dollars for something and you sell it for a hundred thousand dollars, right, are you with me on this?

14:01

How much profit do you have? I'll wait, right, zero? No

14:05

profit. So if there's no profit, there's no gain, there's no tax.

14:09

There's no profit. Okay, you can't tax nothing. Now the government's

14:16

I should have hold off on that because the government keeps trying to tax things

14:20

where there is no profit. But well, you could have had a profit,

14:24

and if you did, then we would tax you. So now we're

14:26

going to tax you even though you don't have any profit, because you're still

14:30

holding on to the damn thing. I mean, seriously, this is anyway.

14:35

This is one more thing that you know, certain people want to get

14:41

at anyway, But don't worry, it'll never happen to you because it's only

14:43

for people with a million bucks. Right, you have a cottage, you

14:48

have a million bucks. It's almost simple as that. So now, oh,

14:52

now it's for people with ten million bucks, right, so you still don't have to worry about it, right, and then on and on?

14:58

Anyway, point is that number one, Mom's not gonna have to pay any

15:01

tax on the sale of this thing. Okay, you've been getting bad advice.

15:05

If this is true, if the facts that in the email are true,

15:09

then we're not going to be paying any any income tax on it.

15:13

But now nephew with his family is verbally abusing mom. Well that sucks.

15:18

That's terrible. And what's this idea about buying a house together without mom's name

15:22

on the title. That's bogus as well. That's a kind of that's kind

15:26

of legal advice you get from a bank manager or someone works at a title

15:33

company or whatever, from your brother in law or your nephew. Anyway,

15:39

long story short, Yeah, this is bogus' is totally bogus with regard to

15:43

the taxation is wrong. Why why would you do this? Are you thinking,

15:48

oh, medicaid won't notice. Of course they're going to notice. There's

15:52

no advantage not to have a mom's name on it, grandma's name in this

15:56

case, grandmother name on it. And now they're verbally abusing him. What

15:58

that What is going on? I don't understand new house isolated. I don't

16:03

understand that part of it. But but you know what you should do is

16:07

report these people to adult Protective Services. Okay, because that is bogus,

16:12

you know, it gets a bogus rating of one ten point nine. And

16:17

the East German judge says, it's fine. Let's say, let's get to

16:22

another another one of these wonderful things. Now this is a this is a

16:32

what do you call a situation in another state? All right, so we're

16:37

getting this in but it's in Massachusetts where I'm also listens to practice. Uh

16:41

huh, how about that? And it says, can I rent out my

16:45

brother's home when mass health that's what they call Medicaid Massachusetts, that's what my

16:48

mom was on, and do the trust work in Massachusetts? Yes they do.

16:52

How do I know? Because they didn't put a lean on it because

16:56

they couldn't put a lean on it. And my dad actually had the house

16:59

for the rest of his life, so we don't have to worry about it anyway. Can I rent out my brother's home when mass health puts a lean

17:04

on it? He's been sectioned by his primary care physician. I don't know

17:08

what that means. I think I think what means has been I really don't

17:14

know. I don't know what's sectioned. I don't know where they're going for

17:18

but obviously been referred for psychic val upon the thorough evaluation on the said psych

17:23

board. They've told us he will be transferring to long term care. They

17:26

will do the applications. That's always a disaster. Don't ever, don't ever

17:30

let them. Don't ever let them do the application for you. Okay,

17:36

yeah, it costs coin, it's yeah, it's money. But if you

17:40

let them, if you let them, if you let the facility do the

17:42

Medicaid application, all they're trying to do is get their money, right.

17:48

They don't care about you, they don't care about your family. They're just trying to get paid, which you can certainly understand, very legitimate for them

17:53

to worry about getting paid because frequently they don't. All right, but they're

17:57

not going to do it in a way that maximize is, you know,

18:00

the benefit for your family. So it it's two hundred thousand and dollars.

18:03

We were wondering if someone in the family can rent out this beautiful house even

18:07

though they're placing a lean on it. And the answer is, yes,

18:11

you can rent it out. You know, otherwise, how are you gonna

18:14

how are you gonna pay the lean? But right now, I mean what

18:17

we've seen. If you don't take care of this, right, you can

18:22

negotiate a you can negotiate a deal with with mass health, and that might

18:29

be the that might be the the smart thing to do, you know,

18:34

the the uh, the way to the way to go really is to talk

18:40

somebody over there, you know who's got a you know who's got uh an

18:45

idea about what's going on, because you know, they they are not they're

18:49

not the kindest of people, right They they're going to get They're not going

18:55

to compromise. They don't have to compromise. It's the government is what they

18:59

do all day, right. People people think that, you know, it's

19:04

so easy to work with the government. No, not when they're in control.

19:11

Not when they got you by the by the shorts. No, why

19:14

would they negotiate with you. They don't. They don't have to. This

19:18

is the thing that people in probate. They think, well, you know,

19:21

yeah, I got Michigan Medicaid. Now is coming after the House,

19:25

Well kiss a goodbye, you know, or you know you're gonna pay the

19:29

bill in full because there's no there's no incentive. And this happens in Michigan

19:34

as well. If you go through probate in Massachusetts. In most states,

19:38

they don't wait till you go through probate. They put a lien on it.

19:41

Okay, so when the thing gets sold, they get paid. That's

19:45

the deal. And if we don't have that after after the next election,

19:49

I will be well, I'll be surprised. Again I've been surprised before,

19:53

but I'll be surprised if we don't have a lean system as they do in

19:56

Massachusetts, as they do in amost every other state right now, they just

20:02

wait for your house to go through probate and then they grab it. So

20:06

again, incentive to avoid probate. You really got to thread the needle on

20:10

this stuff and get it right. But this person in Massachusetts is they can

20:14

rent it out. But then the question becomes, why bother? Why not

20:18

just let them have it? You know, why go through the hassle because

20:21

you're not going to get anything. You're not going to get anything out of it anyway. Okay, you've been listening to the David Carrier Show. I'm

20:26

David Carrier, your family's personal attorney. Happy Easter. David's got the how

20:56

too you're looking for. Just call seven seven. This is the David Carrier

21:02

Show. Hello, and welcome to the David Carrier Show. I'm David Carrier.

21:07

You're resurrected. No, not exactly, not resurrected, but anyway,

21:12

this is Resurrection Sunday. This is Easter. Welcome, Welcome, Happy Easter,

21:18

a special Easter edition of The David Carrier Show, which means that'll be

21:22

pretty much the same stuff as ever. Sorry, I'll throw in a few

21:26

Easter references from time to time. That's about it. So if you're expecting

21:30

more, prepare for disappointment one more time. Anyway. Six one six seven

21:37

seven four twenty four twenty four. That's six one six seven seven four two

21:42

four two four. If you'd like to relieve the tedium of listening to me

21:45

talk about what I want to talk about, and you'd like to talk about

21:48

something else, we'll call that number six one, six seven seven four twenty

21:52

four twenty four, and we can talk about what you want to talk about.

21:56

And uh, I don't blame you, you know, it's the way

22:00

it is. Here. Here's a handy tip. This is something that came

22:07

up last week, and I promise I will get some more legal stuff came

22:11

up last week where we had a you know we do these long term plans,

22:15

right, So we've got I don't know, twenty thousand or so plans

22:19

out there over the last thirty years, and since two thousand and six when

22:23

the law was changed to enable us to plan ahead reliably, plan ahead,

22:30

multi state, all state plan ahead for the long term care, that's been

22:36

a that's been a real focus because what I learned in the first you know,

22:41

sixteen years of practice was people don't go broke because of probab. People

22:45

don't go broke because of you know, kids squabbling or whatever else. People

22:49

go broke because of long term care. And if you haven't planned ahead for

22:53

long term care, you're in trouble. Okay, it's not gonna work for

22:56

you, it's not gonna work for your spouse who survived, okay. So

23:03

we've been really focused on that. And then in two thousand and six, like I say, federal law got changed, and now we've got a national

23:08

framework. Now we've got something we can actually rely on, as opposed to

23:14

you know, waiting with you know, chewing your fingernails every month when they

23:18

come out with new regulations. Instead, it was much more reliable. So

23:22

that's what we've been doing and now we've got plans that are coming to fruition

23:26

and have been you know, right a long but but still you're seeing we're

23:30

seeing an increased and increased incidence of that. And the the issue is,

23:40

well, okay, we did that, yes, and now we've got to

23:44

justify it all, which we can do, and we've got to show now

23:48

when people are actually needing the long term care, well let's take it over

23:52

the finish line. Let's finish, finish the job. And medicaid applications are

23:56

no joke, especially if you're not flat busted broke, all right, there's

24:02

no joke. You want to hang on to something, there's wasys, there

24:06

are ways to do that. And when you've planned a head the way so

24:10

many of our folks have, our clients have, it's it's to look back

24:14

and say, okay, we put all this in place, but now I

24:18

have to demonstrate to the to the to the state, to the Department Health

24:22

and Human Services that we did it all correctly, and it was done correctly,

24:27

you know, over the last five years and all the rest of this

24:30

stuff, and they keep coming up with more stuff and oh what about this?

24:33

Okay, well, here's the answer to that. Well what about that.

24:36

Well, here's the answer to that. Okay, all right, fine,

24:40

you know we've even had to We've even had the you know, circuit

24:44

court deny you know, some of the stuff that we were doing, so

24:47

we had to go to the Court of Appeals to get vindicated. And now, yeah, we're doing it. We were doing it right. The whole

24:52

time they thought we were doing it wrong. But the Court of Appeals,

24:56

Yay, Court of Appeals, you know, said no, no, it's

25:00

it's a okay. But that's what goes into making sure that you don't go

25:03

broke. I mean, that's what goes into preserving the cottage. That's what

25:07

goes into making sure your spouse is not impoverished because you needed you needed the

25:11

long term care. All right, That's what goes into it. It's not

25:17

it's very rewarding, I have to say. You know, it's very personally

25:19

satisfying. You know, when you see people actually enjoying the benefits of twenty

25:26

thirty forty years and twenty forty fifty years of working and saving and all the

25:33

rest of that, you know, it feels really good. But most people

25:40

aren't doing that. By people, I mean most estate planners whatever designation you

25:42

want to give them, and so they don't understand all the nuances. What

25:48

we find, what I've been finding, is that most people will do a

25:51

spend down or they'll do some very very basic planning and won't take advantage of

25:56

the other things that have been done, and so they quote fees that are

26:00

much less, significantly less than ours. We just had this happen where you

26:04

know, the bank manager says to the client, and the bank manager,

26:07

he has a small amount on deposit at this bank, doesn't understand every and

26:11

he comes across as just a normal guy, you know, regular guy.

26:15

So she doesn't know everything else that's going on here, or she doesn't know

26:21

whatever else is going on, and so you know, oh, that's way

26:26

too expensive for doing what you're doing. And we're doing on a fixed fee

26:29

basis, right, And I've always been philosophically supportive of fixed fee. So

26:34

that look, here's the result you're going to get. We're going to save

26:38

ninety seven and a half percent or more of what you've saved. Okay,

26:44

So that's one way of event. It's not the only way, but it's a way to evaluate what we're doing or are you going to save eighty percent.

26:49

Are you going to save you know, some percentage? Is it worth

26:52

doing it? Is it worth paying this much to save that much? It's

26:56

a way to evaluate it. We've also, you know, plane everything that

27:00

goes into it, all the work that we have to do to make it

27:03

happen. That's another way to justify what you're doing. But I've always I've

27:08

never liked the hourly rate building by the hour, because it seems to me

27:14

to reward inefficiency. If I'm stupid and I have to research everything, right,

27:18

if I don't really know how this stuff works, well, then great,

27:22

then I'll build my research and all that kind of all that kind of

27:26

stuff and jack up to fee. That's the way it seemed to me.

27:32

And it seems to me that if I need a job done and somebody says

27:36

I'll do the job and reliably and everything else, and if there's any issue,

27:40

I'll handle it blah blah blah, then you know, and this is

27:42

what it costs, Then that seems to me like a good idea. The

27:47

problem with this is when you get into things that are actually complex, that

27:53

actually take quite a bit of time, right, and you hit somebody right

27:57

up front with look, this is fixed fee. It might you know,

28:00

if we build by the hour, might be less than this, but it

28:03

might be more than this. And it takes into account all of the possibilities.

28:07

Plus we've been at it for a long time. We actually know what

28:10

we're doing. You know, it'll be smooth. And the problem is if

28:15

you when you put yourself out there and you say, okay, this is

28:18

a fixed fee, it's very easy, you know, for your brother in

28:22

law, from the person next door, for the bank manager, for the

28:25

whoever, to say, oh, that's you know, that's unreasonable. You

28:30

know it should be only a fraction of that. Well, when you don't

28:33

understand everything that's going on, you can understand why people might think that way.

28:38

So I'm not you know, I'm not unsympathetic to the perspective of people

28:44

who don't understand what we're doing. I'm very sympathetic to that. But anyway,

28:48

the reason I'm getting into all of this is we've decided to shift from

28:52

the from the fixed fee, which I think is really beneficial to the client,

28:57

to just build them by the hour what we've already what we've already discovered.

29:03

And then I'm not happy about this Okay, I'm not happy about this

29:07

because what we found out is that more people are there happy to do the

29:11

hourly rate, much more happy. Right, We're getting twice as many clients

29:15

in some areas of the practice billing by the hour. But guess what,

29:18

the the hourly rates are more. You know, when we do by the

29:22

hour, it turns out we were under charging on the fixed fee. I

29:26

mean, it's like, okay, okay, I'm done, but I'm done

29:32

with it, you know what I mean. I'm done with trying to save people from themselves. You know, when it comes to the hour, I

29:37

would think I would think I did think that the fixed fee was the way

29:41

to go. Now we're still doing that with the planning because we can predict

29:44

that and all. But with regard to other stuff, you know, well

29:49

you tell me, I mean, would you rather pay a fixed fee you

29:52

know that seems like a lot upfront, or would you rather have Oh,

29:56

we're only going to charge you this much, But actually it's going to be

29:59

it's going to wind up being more than that, you know, because we're

30:02

doing but we'll all be building, all be justified. You'll you'll get a

30:06

complete That's that's where we're going. It's not a happy thing, but that

30:10

is uh, you know, I guess that's petty party for David, isn't

30:14

it. But that's that's kind of where we're going on it, just so

30:18

as you know, that's what keeps me up at night. You're listening,

30:22

even listening to the David Carrier Show. I'm David Carrier, your family's personal

30:27

attorney. David's perking and working and taking your calls. Now this is the

30:56

David Carrier Show. Welcome back to the David Carriers Show on David Carrier,

31:02

your family's personal attorney, inviting you to the are welcoming you to the Easter

31:07

edition of our of the show? Or just about just about out of time

31:11

the last segment, so let's get to let's get to one more email here,

31:17

Dad passed away. Stepmother's mental capacity is diminished and she cannot even pay

31:22

the bills. And the reason I'm picking this one is because this is a

31:26

tragic situation, right, tragic situation that good people run into frequently, right,

31:36

But there's nothing to be done. All right, here's the idea. So Dad passed away to stepmother's mental capacity diminished, she can't even pay the

31:42

bills, he did all of those things that had joint account with over an

31:47

excessive amount of money. Over an excessive amount somebody put a number in there

31:51

and decided to change it. I guess anyway, all the vehicles are in dad's name. Her daughter has already stepped in day after my father had died,

31:57

told her she needed to get power of a turn well, which is

32:01

minimally true. Yeah, I believe it is for ill intentions at this point.

32:07

Suspicions, suspicions of the stepsister there are, whatever that relationship is.

32:14

I believe it is for ill intentions at this point. Do me do I

32:17

and my sisters have any Say no, No, you don't do I need

32:22

to go to an attorney and ask for advice. Yes, yes, you

32:25

should do that. I would hate for her, the stepsister or whatever.

32:30

H oh, excuse me, hate for the step mom to be taken advantage

32:35

of. There is no will Okay, this is not an unusual situation.

32:39

This is very common situation, and it can be extremely frustrating on the part

32:45

of the good hearted kids. Right whose parent died and now the other kids

32:51

shows up and loots whatever there whatever there was, But there's no alternative.

32:55

To this because they had a joint account. What does that mean? That

32:59

means that the wife, the surviving spouse, now owns that account. Okay,

33:04

and there's there's no nothing in place here obviously. What else? Oh?

33:09

All the cars, all the vehicles, So that means three. Right,

33:14

I didn't say both. It doesn't say the vehicle, says all the vehicles. Getting a picture. Now, okay, who knows what else is

33:22

in mom's name? Perhaps the house They don't mention that. Okay, Well,

33:27

who's in charge now, evil daughter of the woman your father married,

33:32

That's who's in charge now, Okay, I mean this is not this is

33:37

not unusual. This is this is pretty tip. We had a case, now this is years ago where the disinherited son. So you have mom and

33:45

dad. Right, you had good daughter taking care of both of them,

33:49

you know, had her own house, but she was over there all the

33:52

time taking care of him. Well, then the mom dies, all right,

33:55

and it was the daughter of the mom, not daughter of the husband.

34:00

And right, daughter of the daughter of the wife, not daughter of

34:04

the husband, was taking care of both of them. And a husband's son

34:08

was such a jerk that they disinherited him. You know, spit on your

34:12

grave sort of thing, you know, never never, And after mom died,

34:20

the daughter continued to take care of her stepfather until Sunny Boy shows up,

34:24

realizes how much money there is, and without notice to her, because

34:29

she has no standing, she's not an interested party, right, gets guardianship

34:34

conservatorship over his dad, you know, spends a tale of oh, well,

34:37

we reconciled and oh and now I realized, you know, blah blah

34:42

blah. That's why it doesn't matter that I was disinherited and he hates my

34:44

guts, but we reconciled, and now I should be in charge. And

34:47

that's what happened. You know, I broke the heart of the of the

34:52

of the stepdaughter. But there you are, Okay. That's the sort of

34:54

thing that happens when you don't have planning in place, right. You know,

35:00

you didn't mean to disinherit your kids. It doesn't matter what you meant,

35:04

It doesn't matter what you told them, it doesn't matter what you thought

35:07

right. You either did it right or you didn't, and in this case,

35:10

he didn't. But it's the reason I bring it up. The reason

35:14

I like this one. I don't like it, but the reason it's relevant

35:17

is because this is the sort of thing. This is the sort of thing

35:22

that happens, you know, that happens all the time. Don't you hate

35:28

that. Let's see, I'm being ordered to evict by tomorrow, but I

35:37

have yet to find somewhere else to go do the fact, I'm taking care of my mother who is the dementia and my disabled son, not the least

35:43

old or however my mother is, but they put us both on the eviction.

35:45

Notice, what can I do to stay in my place to live?

35:49

You're getting evicted tomorrow? Really, why didn't you show up? You know

35:54

you had a lot of notices. They're not going to put someone with dementia

35:59

or this ability. All right, I'm speechless. I mean, you should

36:05

have done something right here. So here's another thing. When you get the

36:08

papers that say Court of the thirty ninth whatever on them, treat them seriously.

36:15

Don't wait until the sheriff is showing up tomorrow to put your stuff on the sidewalk and then trying to figure out where to go. Okay, you

36:22

know, sheriff ordered to come on Monday. There you go, all right,

36:25

don't be that person. Okay, it's so easy relatively easy, you

36:32

know, to you know, to do this stuff, to get it done

36:37

in advance. It's much easier to avoid the problem than to much easier to

36:43

avoid a problem than it is to fix it once it's already. You know,

36:45

Stitching time saves nine, all that kind of stuff. My two sisters,

36:51

niece and I take care of my eighty seven year old dad who has Alzheimer's with dementia. There's a girl in Louisiana that for years has said she

36:58

might also be his daughter. She never come around. Could she somehow be able to control his finances when he passes? Well, you know what you

37:06

want to do right now is you want to go to probate court and you

37:09

know, let's hash this out right now. Okay, let's I mean,

37:15

do you have the information on the person in Louisiana right, Send her a

37:19

notice, send you know, determination of errors, do it now, you

37:22

know, or denial of paternity or something like that, you know, get

37:25

the probate court to find out. Send this person a notice, give them

37:30

an opportunity to be heard, right and make them show up or shut up.

37:35

That's the you know, that's the that's the nice thing about court. The thing about You know, they got a lot of complaints about court.

37:42

But one of the nice things about court is they either have to show up

37:45

or shut up. Okay, So if people are saying stuff, you can

37:49

go to court and get a you know, probate court and you know,

37:52

have a finding of the errors or determination of facts stuff like that. All

37:55

right, that's one of the things that they're there for. And the thing

38:00

is to do it now when the witnesses are still around. You know,

38:05

now dad has Alzheimer's with demnia. Well maybe he should have said this is

38:10

not my kid, or maybe you said I don't know if it's my kid,

38:14

or maybe or maybe you should you know, if you get a threat, a credible threat like this, right, Okay, now you're gonna have

38:21

to go the next step, not just not just planning, but what I

38:24

would do in a situation. Somebody comes to me and says, hey,

38:27

I got this person in Louisiana and yeah, I was at Fort Poke there

38:30

during Korea, and is it my kid? Well, I don't know,

38:36

might be I had some wild weekends when I was training down at Fort Poke,

38:40

Louisiana, and maybe it is my kid. Okay, fine, Now

38:45

then you do your estate plan and you disinherit this person. You say,

38:49

hey, I know that Lucy Lou down there, whoever is claiming to be

38:54

my kid. But if she is my kid, I disinherit she's not my

38:59

kid. Oh and by the way, if she is my kid, I disinherit her. Boom done over and out. Okay, Now she shows up

39:07

and says, oh, I really am the kid, and it says, well, here it says you're not. And it says even if you are,

39:13

you're disinherited. So there you go. Now you've handled it. You

39:16

don't have to go to probate court. You just handle it in the documents.

39:21

These are the sorts of you know, problems like this solve the problem.

39:24

You can solve the problem, especially if you do it. Now.

39:28

You've been listening to the David Carrier Show. I'm David Carrier inviting you.

39:30

And now if you're a client, don't forget April second, at the Meyer

39:36

Frederick Meyer Public Gardens and Sculpture Park, that's where we're doing our quarterly meeting.

39:43

You should have got your email and your letter and all the rest.

39:45

If you didn't give us a call at the office tomorrow and we'll get it

39:49

to you. See you there, I'm David Carrier, your family's personal tru

40:06

You've been listening to The David Carrier Show, a lively discussion addressing your questions

40:10

and concerns, but not legal advice. There is a big difference, so

40:14

when making decisions that affect your family, your property, or yourself, the

40:17

best advice is to seek good advice specific to your unique needs. If you

40:22

missed any of today's show, or would like additional information about the law offices

40:27

of David Carrier, please visit Davidcarrier Law dot com.