0:12

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.

0:37

I'm David Carrier, your family's personal attorney, and you have found a place

0:42

where we talk about estate planning, elder law, real estate and business law.

0:47

So give us a call. Went out just six one six seven seven

0:50

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

0:55

twenty four. We'll get your question, comment or concern on the air.

1:00

That's easy to do, huh. Just give us a shout and we'll,

1:02

uh, we'll make it happen for you. That is, of course,

1:06

if you have a question, comment, or concern about wills, trusts or probate. If you're wondering how do we beat the high cost of long term

1:12

care? You know, it's like we said saying earlier, it's like japers.

1:17

You know, we're still doing wills and trusts and stuff like that.

1:23

Much in the same way that it was done. It was done with quill

1:26

pens and fountain pens, and pens. We don't even use pens anymore,

1:33

right, and still you've got one that could have been that. We've been right at home back in the day, and you know, it's as if

1:40

it's as if nothing happened, really really kind of amazing. Other than you

1:46

know, it's human nature. Course, you know, nobody likes to face

1:49

it. I get that. And you know what's you know what's worse than

1:52

death. I'll tell you what's worse than death. Dementia's worse than death.

1:56

It's worse. That's anybody, that's anybody don't dealing with it. And so

2:00

naturally as much as we, you know, much as we try to avoid

2:04

and deny death, so much so much more that we try to avoid and

2:08

deny the whole dementia thing until you can anymore. And then you're left scrambling.

2:15

Well, well, okay, that's the way you want to play it,

2:19

but not a good way to do it because it leaves your loved ones

2:22

in the lurch and it's not particularly good for you either. So that's why

2:25

we're doing these workshops. The Three Secrets workshops. Come to the three secrets,

2:30

find out what the secrets are. Ooh, secrets. You gotta love

2:34

secrets, right anyway? We love secrets? Why not? Six one six

2:38

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

2:44

twenty four twenty four. You know when you when you view the news these

2:46

days, they ever viewed the news? You ever look at the news.

2:50

I don't advise you to do it. It's not a it's not a good

2:52

idea, but I do it for you, you know, so you don't so you don't have to. And it was interesting because there's a out in

3:00

California. Right. So here's the thing. Here's think about this. They

3:07

spent eleven billion dollars eleven billion, and of course most of it was probably

3:15

federal money, so why do they care? But they spend eleven billion dollars

3:19

building a bridge that doesn't go anywhere, all right, for a super speed

3:23

train that ain't gonna happen. Eleven billion dollars? Now do you think that

3:32

there would be an investigative report? How did we waste? How did California

3:37

be so stupid as to waste all this money? Has to be that dumb?

3:43

No, that's not the story. You know what The story is California

3:50

mocked for spending eleven billion dollars. Are you with me on this? You

3:58

see how stupid this is. It's like, oh, the problem isn't that

4:02

they did it. The problem is that you got these meanings out there mocking

4:08

them for doing it. You know what I mean. It's just there,

4:15

it is. It's right there, and there's no que. You read the story and yeah, eleven billion dollars. Get building this bridge. It'll probably

4:21

never get used. I'm sure it's a marvel of engineering. I'm sure they

4:25

got every last nickel value out of it. Sure, right, let's assume

4:30

it's worth eleven billion dollars. It's just in the wrong place, and it

4:32

isn't going to do anything, you know, I swear to God if aliens

4:36

showed up, you know, or they're gonna discover a lot of this stuff.

4:44

It's like, can you imagine being an alien coming to this planet.

4:46

Let's say COVID was real, right, and it actually wiped everybody out,

4:51

and then and then unfortunately it was right before the aliens arrived, right,

4:56

and then the aliens show up and they say, oh, look at this,

5:00

Look at this structure. Hmm. It looks admirably adapted to conveying traffic,

5:06

but there are no there are no civilization at either end of it.

5:12

Hmm. What you know if you if you came upon something like that,

5:16

right, Let's say let's say you're an anthropologist and you go to some island

5:21

somewhere, right, and you find this huge structure that goes from one place

5:27

to when. It looks like a bridge. It smells like a bridge,

5:30

hm, operates like a bridge, but it can't be a bridge because it

5:34

goes between two points where nobody lives, right, I mean, what would

5:40

you think was going on? Wouldn't you think that was like a religious object?

5:44

Wouldn't you think, Oh, these people worship bridges. They just built

5:47

them everywhere. They just built them everywhere. It didn't have to. Oh

5:56

and by the way, out in Baltimore, we need it, We actually

5:59

need a bridge. We don't money for that one because why because we're building

6:01

bridges in the desert from no place to no place. Oh that makes sense,

6:08

you know what I mean? And the and the and the story is

6:10

not that they did it. The story is not how stupid you'd have to

6:13

be. You know, of course, California. That's a big get.

6:17

You know, what's the explanation California? Okay, you know what we are

6:23

you gonna say? But then the then you've got the you've got the university

6:29

professors who don't understand that when you're faced with cockerroaches and ants or weeds or

6:38

other bad stuff, that the way to deal with that is is when it

6:42

first shows up. And the stories are coming out now, I mean I

6:45

haven't seen the story yet where the people who got arrested were majority students.

6:51

This is not you know, you look at you FM and say, oh,

6:55

look at those people. They're doing these terrible things. It's like,

6:57

you know, left to their own, I don't believe they'd be doing it.

7:01

I do not believe they'd be doing it. And you know, the

7:03

whole anti war thing, you know, they all go back to Vietnam.

7:06

You know, oh Vietnam. You know that was the shining moment. And

7:11

then it turns out when the Soviet Union fell, that all of that was

7:14

you know, it really was the communists. You know, you gotta love

7:20

these people who are like, oh, those who you know, ignore history

7:25

are doomed to repeat it. Blah blah. Well, why don't you read

7:27

the history, Why don't you find out that none of that Vietnam stuff was

7:30

real, or very little of it, I mean, some of them was. I'm sure. I'm sure there's always got to be there's always got to

7:35

be the grain of sand in the oyster that starts the pearl, right,

7:40

There's always got to be something there. But now they found out there's there's

7:44

some millionaire guy, some forty year old millionaire who actually was running the protests,

7:48

the violence at Columbia, you know. And of course the story is,

7:54

you know, how people pounce and seaze and on this, on this.

7:58

The guy's forty years old, he lives in a in a multi million

8:01

dollar mansion in New York. He's got kids, right, and he's been

8:07

doing it. This is what he does. I mean, his mom and dad are gets, are very wealthy, all right, so no doubt they

8:13

they raised that kid, right, Yes, he raised them right. Anyway,

8:18

check out the check out the news. It's it's it's really appalling.

8:22

And and my point is you can find this stuff. I mean, obviously

8:28

it's the slant on it is how people are seizing on it or you know,

8:33

oh, pounce or mocking or whatever. Well, what about the fact

8:39

that in the University of Portland apparently, or University of Washington in Portland,

8:43

I think, is where it was. Look it up for yourself, don't

8:46

you know? Fact check me on it. Don't don't trust me on this.

8:48

Check it for yourself. These people took over the library and for like

8:52

I don't know, I don't know how many days, they freaking trashed the

8:56

place. And then when the cops are showing what happened, the outside agitators,

9:03

the outsyed agitators, you know, the professional antifile people, those people

9:11

who do it for a living, they escaped and they left the students.

9:15

And still it wasn't a majority of the students. The majority of the people

9:18

who got caught, like the professional people got the hell out right. And

9:22

even then, the majority of people got caught weren't students. The majority were

9:28

these these folks, you know, along for the ride. And of course

9:31

they stripped the university of its of its collections. They stole all the comic

9:37

books. Apparently they have a big comic book collection, not anymore. Apparently

9:41

they had a whole bunch of manuscripts, not anymore. Apparently they had some

9:45

rare books, not anymore, and the responsibility for that goes right back to

9:50

the president. Seems like to me, look, there are going to be

9:54

people who try to do bad things. There will be people who try to

9:58

do bad things. Let's just face it. I mean, that's the world

10:01

we live in. It's always been the world we live in. Canaan Abel

10:03

goes right back to the start, right, there are bad people out there.

10:07

The question is how do you deal with them? Do you just say,

10:11

oh, it's okay, well it'll go away. What? And you

10:16

really you got to really understand. I think that the point of the university

10:22

system these days is not education. I mean, how could it possibly be

10:26

education? How could it be you know, raising people who understand what's going

10:31

on? How could that? The system is what the system does. Okay,

10:37

if you look at what the system is doing, that's the system.

10:41

That's what it's supposed to do. You know, you judge the fruit by

10:45

the tree, judge the tree, judge the tree by the fruit. That's

10:50

kind of what it is. Welcome to America. I've been listening to the

10:54

David Carrier Show on David Carrier, your Family's Personal Attorney. I mean,

11:16

this hour of The David Carrier Show is pro bono, so call in now

11:20

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

11:26

Welcome back to the David Carrier Show. I'm David Carrier, your family's

11:31

personal attorney. Now's the time to give us a call. Sixty one six

11:33

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

11:39

twenty four twenty four. Will get your question, comment or concern on the

11:43

air, especially if it's about estate planning, elder law, real estate or

11:50

business law. Give us a call sixty one six seven seven four twenty four

11:56

twenty four. So what's going on with taxes anyway? Who the hell knows?

12:01

You know, they get some you get some news out there that all of a sudden, all the capital gain tax is gonna be way high and

12:07

all the rest of this, and they're gonna go after what they call unrealized

12:11

appreciation. Now, don't you worry, because it'll never happen to you,

12:16

right, that's what they tell you. Don't worry, it'll never happen.

12:18

We won't do this to you unless we decide to do it to you,

12:24

in which case, you know, good luck. I mean, there are

12:26

a bunch of people in jail right now in d C. I think who

12:31

didn't expect it would happened to them, who thought, well, you know,

12:33

I'll go and you know, I'll go down to as Mick Jagger saying,

12:37

I'll go down to my demonstration, get my fair share of abuse.

12:41

And what did they do to them? They locked them up. Well,

12:45

that's falling apart now. It looks like, you know, thank goodness.

12:48

But you know, when you want to talk about the rule of law,

12:52

you know, and how important that is, you know, it's it's what

12:56

makes America different, supposed to make America different. I mean, can you

13:01

imagine that you would ever be prosecuted for, you know, writing in your

13:07

checkbook and if somebody copied it over, that'd be another crime. And if

13:11

somebody else copied it over, that be another crime. And somebody else copied

13:15

over that'd be another crime. And then eight years after this crime apparently occurred,

13:20

then you'd be prosecuted for it. Oh and by the way, you'd

13:24

be prosecuted by the father of an operative for the other party, the other

13:28

political party. No, I could never happen in America. What am I

13:31

talking about? Oh? And by the way, the judge, you know,

13:35

the judge whose daughter is a is an operative for the other political party,

13:41

you know, gets paid for it, is making money off the trial

13:43

that you're presiding over. And if once side talks about it, that's okay.

13:50

But if you talk about it, then you're going to get whacked with

13:54

fines. All right, You're gonna you know, no free speech for you.

14:00

And is that rule of law? Is that America? You know?

14:03

And then you get these people up there who were like, oh, no

14:07

one is above the law. Well, no one's above the law unless you

14:11

know, you crash the gate and came in. No one's above the law

14:16

unless you you know, tear the heart out of Columbia University or you know,

14:22

University of Washington or any of these other places. No one's against the law, above the law unless they leave tons of trash behind. Right that,

14:31

you know, those people, Oh, they're not above law, you

14:33

know. You know the do you feel sorry for the kids who are like,

14:37

but what about my finals? You know, the protester they're the ones

14:41

doing it, you know, or or I love this. The Columbia law

14:46

students, they're like, we are shocked at the arrest of our fellow students,

14:50

and so we don't want any finals. Oh my goodness, I mean,

14:56

what kind of what you know what I'm saying, it's like, you're

15:03

a lawyer, you got to put up with tough stuff. Apparently not.

15:09

Apparently not. This is the people in the Columbia Law Review, right.

15:13

See if you made it to the Columbia Law I mean, because Columbia is

15:16

a very good school, used to be anyway, once upon a time,

15:18

I suppose, and the law school very difficult to get into. Okay,

15:24

and you got in and now you do certain things or whatever or other people

15:30

do, and now you don't want to have to take your final exams because

15:35

you were too busy. You know. A minority of the people protesting apparently

15:39

we're students. I mean, I haven't seen any I could be wrong about

15:43

this, but I haven't seen any report yet where it was a majority of

15:46

students and getting arrested. Most of them are not students. Most of them

15:52

are you know. Apparently the one who ran the Columbia thing is a forty

15:56

year old guy with a wife and kids, who there's a mansion on the

16:02

Upper West Side, whose parents are millionaires running a big ad agency. I

16:07

mean, really, well, is it a surprise? Because here's the thing.

16:11

If you're if you're at school, right, and you paid a bunch

16:15

of money or you're in debt for a bunch of money to be there,

16:18

chances are that you'd want to actually get your money's worth. I mean,

16:23

some kids got to be feeling that, right, And how can everybody be

16:27

on the side of the people who took those videos on October seventh? How

16:32

can everybody be on their side? You know? And and part of it,

16:36

of course, is nobody understands nobody understands war or the American way of

16:41

war. You know, if you why, why don't you read a little

16:48

bit of history, you know what I mean? I mean, just a little bit of history would would really be would really be kind of helpful here.

16:55

You know, what do you think we did to the Japanese after Pearl

16:59

Harbor? Right? Okay? We fire bombed Tokyo? Well okay, Well,

17:04

and you say, well, the Japanese, you know, they didn't

17:07

deserve that because they were all civilians and the you know that we burned up

17:11

also the white guys. You know, it's not just minorities or whatever.

17:15

You know, it was it was it was white Europeans who burned in Dresden

17:19

and Hamburg. You know, we fire bomb Berlin. I mean, we're

17:25

an equal opportunity. You kill us, we'll kill you back with fire.

17:30

I mean, that's what America, that's the American way of war, right

17:33

And apparently you know, in certain conflicts, certain certain countries, you know,

17:41

call off air strikes if it looks like there might be civilians in the

17:44

neighborhood. But at the end of the day, the people who mutilated other

17:48

people took videos of it and were happy about it, bragged to their parents

17:52

about how many Jews they killed. I mean, is it anything but jew

17:56

hatred? Is that? Is that? What's really going on is just rank

17:59

anti sematism certainly looks like it. You know, nobody nobody complained when the

18:06

when the North Vietnamese slaughtered the South viet Mes. Nobody complained about that,

18:11

or when the when the Cambodians did it, or the oceans did it,

18:15

or you know, I mean, this is the way war works. Okay,

18:18

what you see going out, You know, nobody cared about all the

18:22

Somalis who died or the Amenis. You know, how about the war that

18:25

was going on in the Congo just recently, where over a million people a

18:29

year were dying. Where's everybody all concerned? Where's the protests there? Nope?

18:34

You know, but put the Jews on it, you know, maybe

18:37

maybe if the Jews are winning, maybe now it's maybe now it's a bad

18:41

thing. Maybe there's another explanation for it. I just don't. I just

18:47

don't see it. Plus, it's springtime, you know what I mean, the kids want to get out of school. It's getting near the end.

18:53

Whether it's nice, Oh look, free tense, Oh look I can I

18:57

can play dress up? Right? I mean the fact that everybody, everybody

19:06

notices that the people, you know, the people protesting, are the people

19:10

who are who are slaughtered. They're exactly the same people, right, you

19:17

know? The hostages why you know? And the theory now is why isn't

19:19

the Why hasn't there been a hostage deal over there? Why hasn't there been

19:25

because there are no more hostages? They kill them all. Maybe I don't

19:29

know. I don't know any of this, but I'm just I'm just looking

19:33

on just kind of kind of wondering, and then what is it? What

19:36

is it? And this is my area thing, right, It's like,

19:40

what does it mean for the rule of law? What does it mean to

19:42

have rules and you live by those rules? And then apparently if they don't

19:48

like you, they can just change the rules for you. They change the

19:52

rules for you if they don't like you, right, don't change it for

19:57

other people. They don't. There's no there's no general Hey, this is

20:02

the way things are. You know, if you kill people, they get

20:04

to kill you back. Oh no, no, no, not anymore.

20:08

You know, if you agree to go to school under certain circumstances, that

20:12

doesn't mean you get to trash the place whenever you feel like it, or

20:15

if or and what is it? See? This is the thing that astounds

20:21

me. It's like, where are the professors? Do they never did?

20:23

They never have any experience in life? Is that it? I mean?

20:30

Do you in order to run one of those places? Do you have to

20:33

be so divorced from everything that you can't recognize what's going on? Who knows?

20:41

You've been listening to the David Carrier Show on David Carrier your family's personal

20:45

attorney. David's got the how to you we're looking for Just call seven seven

21:02

four twenty four, twenty four. This is The David Carrier Show. Welcome

21:07

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

21:11

And how about how to so, uh, here's a question. Is

21:15

there any way? Oh, six one six seven seven four twenty four twenty

21:19

four. That's six one six seven seven four twenty four twenty four. We're

21:23

just going to take straight up legal stuff unless I decide to do something else.

21:29

Well, you know you can always get me on the straight up legal stuff if you want to call six one six seven seven four twenty four at

21:36

twenty four and that'll you know, that'll stop my ruminating. Anyway. Is

21:41

there any way to stop my brother from receiving my mother's inheritance from her Ira

21:45

Mom just died, does not have a will. As I was going through

21:48

documents, I noticed she never removed my brother as fifty to fifty beneficiary.

21:53

After he went to prison. You'll be there for life. I refuse to

21:56

have any contact with him since he went away, pretty upset that it'll be

22:00

getting anything, which probably just go to the fines and fees when my family

22:03

could really use the money. Oh, they lived with us last two years,

22:07

and we even add her to our home title for her peace of mind,

22:11

really for her peace of mind. That makes no sense. But okay,

22:15

fine, you did it for peace of mind. I guess well that's

22:18

not effective. But you know he gets he gets half the money, which

22:26

means that Department of Corrections gets half the money. Okay, there's there's that's

22:30

just done. You know. This is this is the sort of thing that

22:36

happens when people don't you know, it's like, how did mom die and

22:44

not have a will? You know what I mean? I mean, so,

22:48

here's here's how this gets worse. Here's how this gets worse. Mom

22:52

dies and doesn't have a will. Daughter, our letter writer here puts mom

22:57

on the deed. What that does? Put mom on the deed? Mean?

23:03

See, here's the problem, because if you haven't done a will,

23:08

then chances are you didn't do this correctly either. Chances are you were you

23:14

know. Oh look, I saw this thing on though TV. It's a website. It's great, it's really cheap, it's wonderful. And this is

23:21

how you get situations like this. All right, this is how it happens.

23:26

One of the ways. I mean. I'm not saying lawyers aren't idiots.

23:30

I'm not saying that they're not stuck in the past, which they obviously

23:34

are in so many in so many ways. Financial advisors too, they're not

23:38

much help, you know, I mean, let them invest your money.

23:41

But when it comes to a state planning ten foot poll man ten foot poll

23:48

anyway. So here's there's here's where this gets worth. Of course, he's

23:53

a beneficiary in the IRA. What does that mean. It means he gets

23:56

the money, which means what which means the state gets the money. Who

24:00

who's holding him in prison for life? Simple as that. Now, we

24:03

have had any number dozens of clients with kids in prison, and the kids

24:08

got the money. Department Corrections did not get the money, right, because

24:12

you do it correctly and you can make that happen. So now the kid

24:17

gets his choice to taste, you know, flavor of toothpaste. Right.

24:22

It's not like you can get a lot if you're in prison, especially if

24:25

you're in prison for life. It's not like, you know, it's not like you're going on any cruises or anything. But you do get a catalog,

24:32

and there is stuff you can buy from the catalog, stuff like I

24:37

don't know, color TV, maybe you're you know blogoney that isn't gray.

24:42

I always think of toothpaist toothpaste. But anyway, the so you've lost that.

24:49

But here's the hidden Oh my goodness. I hope this didn't happen too,

24:56

but it probably did. Was daughter probably said I did the house?

25:00

Uh, daughter deeds house to mother and daughter probably said that. Now maybe

25:07

they put in joint tenants with rights of survivor, but I bet they didn't.

25:11

And here's the problem. Guess who owns half of the house now mom's

25:15

estate. If mom's the state owns half of the house. Guess who owns

25:19

a quarter of the house. Brother in prison? Do you laugh or to

25:30

your cry? I mean, it's your choice, right, But that's how

25:33

silly this is. That's how dumbnes is right, because you saved yourself some

25:38

Dora me and not going to see the lawyer, although of course lots of

25:44

times lawyer wouldn't help you with this because yourself save yourself a couple of bucks.

25:48

Not only did you lose half a mom's ira, you're also going to

25:52

lose your house, or at least a quarter of it. Right? And

25:56

how long? How long is the the Department of Correction is gonna wait before

26:00

where they get there before they want to get paid, and then you think

26:07

they're not gonna show up. They're gonna show up. They're gonna show up,

26:11

Yes they will. So anyway, that's you know, you can't stop

26:15

it, don't do it. I mean there's other there's much much better ways

26:18

of doing this stuff, but of course none is so cheap. You know,

26:22

what do they say the sweetness of a good deal, the sweetness of

26:26

a bargain price, does not survive the bitterness of a bad performance or something

26:33

like that. Uh, Mom and stepmom had a willing to trust. Stepmom

26:38

named his initial attorney in fact ooh, this person actually said attorney. In

26:41

fact, I love this person already, I'm named a successor attorney. In

26:45

fact. Mom has dementia. Step Mom has dementia, but it's not too

26:48

bad yet. She gets very confused, forgets things the year, where she

26:53

is. It's not too bad. She doesn't remember where she is or what

26:57

you're okay, all right? Dad passed away a few weeks ago. What

27:02

oh, Stepmom's brothers and his family came from out of state and forcefully took

27:07

her back home with them. Day after his death. It brought her back

27:11

to the funeral service. Well, what does that mean forcefully, I don't

27:14

know. While she was with them, she had a document made changing POA

27:18

from me to my stepmom's brother and made her sign it through threats. With

27:22

that POA that they made her sign override the original power of attorney. Well,

27:26

you'd have to prove that she lacked mental capacity at the time she signed

27:30

the uh she signed the second one. Now, maybe she had capacity when

27:36

she signed the first one, but then she lacked it and it was her

27:38

her brother that did it. So at best, what you'd do is you'd

27:44

go to court and you'd say, hey, that throw out that second power

27:48

of attorney, and in all likelihood the court would say, okay, yeah,

27:55

you're right, we need to throw this out, but you're not.

27:57

You're not the attorney. In fact, now the the brother is the is

28:03

the guardian is the conservator. Okay, that's probably what would That's probably what

28:07

would what would happen? Let's see, oh, this is this is unfortunate

28:18

older relative with possible dementia threatening to press charges against me for theft. I'm

28:22

a nurse practitioner, visit my ninety year oldlund check on her well being because

28:26

there's change of mental status, has a history of falling, hitting her head.

28:29

Did hit her head four days prior. When you're the er for MRI,

28:32

I'm finding out from her daughter, my cousin, that she's planning and

28:34

finding charges for breaking into her house and stealing from her. I'm concerned that

28:38

these false allegations could jeopardize my job and creatibility. You need to know what

28:42

precautions take if I need a lawyer, and so what type of lawyer?

28:45

Yeah, so you should. So two things. Number one, you should

28:51

call an elder law attorney and explain what the situation is. Okay, you

28:56

should. You should definitely do that. And now here's the test. Did

29:00

the does the attorney say, oh, well, we better call Adult Protective

29:07

Services right away? Okay, proactively, We're gonna call Adult Protective Services and

29:14

get you on file right so that if if Auntie calls up and says,

29:19

you know, nurse practitioner niece is stealing from me or something like this,

29:25

well, oh are you missus McGill cutty. Yes, I am, Antoinette

29:29

McGillicutty. Okay, great, all right, well we'll add it to the

29:33

file we already have open on you because nurse practitioner niece called us and told

29:38

us that you might be calling with unfounded allegations. And I wouldn't say that,

29:44

but but you see, what you want to do is you always want

29:47

to beat them to the punch because it does happen. It's not infrequent that

29:52

people with the with the dementia they get paranoid. It does happen. Okay,

29:57

I'm not saying one hundred percent, but it does happen. And then

30:00

what do you do, right, I mean that now you're defending yourself.

30:04

You've got to prove the negative. And I've had clients who were like,

30:08

oh, proof that it was this person who did the stealing is that they

30:15

put everything right back where it started because nobody knew where all my stuff would

30:18

be except for this person. And they knew where all my stuff was,

30:22

and no one else would have been able to put it back so exactly.

30:26

So there's no evidence that they took anything because they put it all back and

30:32

no one else could have put it back in exactly that order, you see,

30:34

So that proves that it must have been this person because no one else

30:37

would have been able to put it all back the way they put it all

30:41

back Okay, I have heard that more than once, many times. Anyway,

30:49

the point is beat him to the point. Call Adult Protective Services first,

30:53

open a file on your auntie and just get your side of it out

30:57

there so they're not one ring. They know. They come right to you,

31:02

come right to your attorney and and but do not mess with this stuff

31:06

because it's very it's toxic, it's very, very, very very difficult.

31:11

You've been listening to the David Carrier Show. I'm David Carrier, your family's

31:15

personal attorney. Now you get Sean and the piece. David's perking and working

31:34

and taking your calls. Now, this is the David Carrier Show. Welcome

31:41

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

31:47

Now's the time to give us a call. Six one six seven seven four twenty four twenty four. That's six one six seven seven four twenty four

31:56

twenty four. So here's a here's a fairly well, let's just dive into

32:01

the email shallowing can my sister in law charge my dad's estate for meeting him

32:06

and his nurse at doctor appointments? Dads in nineties has nurse looks after him

32:10

sister in law has excessively gone out of her way to do anything for my

32:14

father of the last year, even though his needs are totally met by a nurse that is paid weekly. Brother, his executive Dad's estate automatically gets ten

32:21

percent for handling it. Wife acting on her own, meeting with father and

32:23

nurse at doctor appointments, etc. She doesn't hold down a full time job

32:28

become obsessive about spending as much time as she can do it for him.

32:31

My conversations with both brothers and sister in law started taking a sharp turn a

32:36

year ago. Well obviously, I mean, look, they see a payday

32:38

and they're you know, they're billion up to the bar. My brother in

32:43

law talked about moving into a new house on the beach. My sister in law can't wait to get a new car. They're both talking retirement. They

32:49

both never worked at forty hour week, they enjoy handouts and looking for a

32:52

big payout. Yes, I'd like to know what percentage of my sister in

32:54

law can charge the state for her part in the masquerade, what documentations she

33:00

needs to pull it off, on how a judge views this. I'd also like to know my rights. So here's the thing. Unless you have a

33:06

contract, you can't get compensated for caring for loved one. It's presumed to

33:08

be it's presumed to be what do you say, gratuitous done for love and

33:15

affection and stuff like that. Okay, so there's got to be a written

33:19

contract before you can get paid. If you're getting paid and there's no contract,

33:22

right and it's obviously a family member, no arm's length, then that's

33:28

a problem. That's a breach of fiduciary duty. So if if brother is

33:32

hiring his wife, now let's say there is a written contract, all right,

33:37

so brother's hiring his wife to do all this stuff that doesn't need to

33:39

be done. Again, that's a violation. So what you need to do

33:44

in a situation like this is, you know, it's you know, like

33:47

it says here the conversations took a sharp turn a year ago instead of being

33:53

one for all and all for one. It's like pretty obvious that they're looking

33:57

at this as you know, some mortgage board time. So the so the

34:01

idea there would be, you know, you kind of do need to You're

34:09

gonna need to go to court on this one. You need to get a

34:12

lawyer, right, find out what facts he can establish. And I mean,

34:16

what the hell is the lawyer doing? Who's is is he doing these

34:21

things on advice of counsel? I can't believe that he is. Can't believe

34:24

that he's hiring his own wife, probably an exorbitant rate to do stuff that's

34:29

already being paid for in another way. And you got a family member here

34:34

doing it. So so the answer is I don't think so. But the

34:40

but move ahead. I mean, talk to a talk to a lawyer in

34:44

your area, right, and you know you may have to, you may

34:49

have to go after brother, but but you know, it's disgusting when you

34:52

see this sort of thing. You know, there's this guy named Dante.

34:58

You ever hear of this Dante Dante's and all that you know, he wrote

35:00

this book and in the book, I think it's what it's at the tenth

35:06

circle of Hell, which is the bottom layer of hell, where the devil

35:10

great Satan is frozen into a lake. Right instead of being fire, it's

35:15

ice anyway, So Satan is is encased in this lake of ice. And

35:21

also in the ice are all the all the treacherous people, okay, the

35:27

people who betrayed their family, people who betrayed their country, and it's it's

35:32

a horror. It's not a very good place to be. Your face.

35:36

You're like frozen into this thing, and demons come and peck at you,

35:40

you know, and stuff like that. And because of the the wind that's

35:46

by Satan's wings flapping his wings there and it blows away that you don't even

35:52

have the solace of crying because your tears freeze and blow away, you know,

35:58

in your eyeballs. I mean that. So that's that's that's what you

36:01

get for, you know, treachery against your family. Okay, now Dante

36:07

thought it was worse to be you're closer to Satan if you're a trader to

36:10

your country, but gives you an idea. But still at all it's the

36:14

ten circle. I mean, it's it's tenth or eleventh anyway, it's it's

36:17

right next to the to the great Satan himself. If you betray your family

36:22

in this manner, if you use a uh, you know, if you're

36:27

a tick on the ass of the of the elephant, you know what I

36:30

mean, If you're suck, if you're a bloodsucker and your and your parents

36:32

right, you get what you deserve. You should right now. If not

36:37

in this life, then in the then in the next that would be uh.

36:40

That would be Dante's take on the on the situation. I think it's

36:45

a pretty uh. I think it's a pretty good one. How to how

36:49

to easily do a property transdeed transfer to a family member? Eldest sister A.

36:54

Love this. My eldest sister A and I both own a property without

36:59

any mortgage, and my older sister B has lived there since we bought it

37:02

more than ten years ago. My sister A and I would like to transfer

37:06

the property d to my sister B. How should we do it? What

37:09

are the fees and or taxes such as gift tax? Well, here's the

37:13

deal. You don't really have to worry about the gift tax, provided that

37:16

depending on the value of the property, depending on the value of your estate,

37:22

because this year you can give away eighteen thousand, right, So what

37:25

if you, I see, if you're married, right, then you can

37:31

double up, so you can give thirty six thousand eighteen thousand each your sister

37:37

if she's married. Sister A can also give thirty six thousand if she's married,

37:42

eighteen thousand if she's single. All right, So there's thirty six thousand

37:45

that you can give this year, So what you want to do, But

37:49

look, it's all academic unless you're a multimillionaire. Because even if the even

37:57

if the estate tax death tax provisions expire, which who believes that. I

38:04

don't think that's gonna happen, like next year, year after if that happens,

38:08

which again I don't believe. But if it does happen, right,

38:13

then it goes back to like six million, seven million something like that.

38:15

So that's the amount that you can pass on at death or during your lifetime

38:22

without paying any estate tax. Now, if you've got thirty million dollars,

38:27

okay, then you need to you need to consult with counsel so that you

38:31

can space this out so that you can give your sister. So let's say

38:37

it's worth one hundred and eighty thousand. Let's just say so you and your

38:40

sister could give each of you give a one tenth interest each year, So

38:45

that's two tenths, that's twenty percent. Take you five years. If you're

38:49

married, it's one hundred and eighty thousand. Then it's thirty six thousand each

38:53

and so now it takes two years, three years, Okay, so you

38:58

could. I mean, there are ways of doing this that use the annual

39:01

exclusion rather than you know, a taxable gift. But so long as you're

39:07

under the multi millions, you don't have to worry about it. If you're

39:09

more than the multi millions, then why are you asking what are the fees

39:14

and or taxes? You know? Because it's not gonna be much. It's

39:17

not gonna be much to get it taken care of. But but yeah,

39:22

you should. You should do it, and you should do it with somebody

39:25

who knows what the hell they're talking about. That would be my advice.

39:29

Let's see, let's get to another one here. Oh, you've been listening

39:35

to the David Carrier Show on David Carrier, your famili's personal attorney, Come

39:39

to a three secrets workshop. They're on the website Davidcarrier law dot com.

39:45

We do them every week in Grand Rapids Plus, Holland, Muskegan, Kalamazoo,

39:50

East Lansing, you name it where they're Give us a call. I'm

39:54

David Carrier, your famili's personal attorney. You've been listening to the David Carrier

40:08

Show. A lively discussion addressing your questions and concerns, but not legal advice.

40:14

There is a big difference, so when making decisions that affect your family,

40:17

your property, or yourself, the best advice is to seek good advice

40:22

specific to your unique needs. If you missed any of today's show, or

40:25

would like additional information about the law offices of David Carrier, please visit Davidcarrier

40:30

law dot com.