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

0:24

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 you have found the place

0:39

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

0:45

So welcome, Welcome. If you have a question, comment, or

0:48

concern about Will's trusts or probate. If you're wondering how do we beat the

0:53

high cost of long term care? Everybody seems to be going broke. You

0:56

know, look around the lake. If you have a house on lake,

0:58

you got a cottage or something, right, look at the listings and figure out how many of them are not because oh we're moving to Chicago, but

1:04

how many of them are because grandma went in the nursing home and we got

1:07

to pay the nursing home bill. Yeah, do that. It's a it's

1:11

a good reality check. If if you're wondering just how bad this stuff?

1:15

If you're wondering just how bad it is. And lots of times, you

1:19

know, people will keep the cottage, but they'll sell the they'll sell the

1:23

home, the in town home. That happens. The good news is you

1:26

don't have to do either one. You don't have to sell anything if you

1:30

don't want to. If you want to, well I can't stop you.

1:33

But if you'd rather not, give us a call six one six seven seven

1:38

four twenty four to twenty four. Go to the website David Carrier Law dot

1:42

com. And at David Carrier law dot com you'll find out all the different

1:48

workshops. We do workshops on Tuesdays and Thursdays at multiple locations. So yeah,

1:53

I'm not doing all of them. That would be that'd be a plus,

1:56

right there. Huh. I'm don't have to put it over that joker,

1:59

now, that's right, right. We have other folks doing workshops,

2:02

right, so you like them better, I'm sure anyway, at uh,

2:07

you know, at the offices in Norton Shores or Portage or Holland of course

2:14

always in Grand Rapids as well. We are doing quite a few things with

2:19

our new Red Wagon Club. You know, this is our first full year

2:22

of the of the red Wagon. We started last year, but this is the first full year, so we're saying the founding year, and we'll be

2:29

going to white Caps Park or a Lake Michigan Credit Union white Caps Park or

2:34

whatever they're calling it now. Anyway, we'll be doing that. We've got

2:37

a couple hundred people coming out on the out on the deck and you know,

2:40

enjoy your barbecue and then watch a ball game. And I will not

2:46

mischaracterize the expenditure there because I could wind up in jail like forever if I

2:53

if I made a wrong bookkeeping entry. So don't worry. I will not

2:55

do that. Six one six seven seven four twenty four twenty four. That's

3:04

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

3:08

UH to call if you'd like to get your question, comment or concern on

3:13

the air. It kind of like to go back to basics every once in a while, you know, I think it's good to go back to basics,

3:17

and the you know, people say, well, what do I need

3:21

this stuff for? Anyway? And generally speaking, people are focused on the

3:27

kids. They want to avoid probate, save taxes, get it to the

3:30

kids right whenever we do a workshop, we ask for show of hands.

3:35

Everybody say, yeah, I want to avoid probate, Yeah I want to

3:38

save taxes. Yeah, I want to make it easy for the kids. Well generally one hundred percent of the time. But if he wants to avoid

3:46

probate and say taxes, right, So the question then becomes, Okay,

3:51

well, if that's what you want to do, right, is that all

3:53

you want to do, is that really the good idea? No, it

3:59

is. Here's the thing, right, until you're dead, nobody's gonna avoid

4:08

probate. Okay, until you're dead, you're not gonna be saving the taxes,

4:11

and until you're dead, you're not going to be making things easy for

4:13

the kids. Is there any question about that? I mean, isn't that

4:15

pretty obvious right that that's what's going on. So the question is then it

4:23

seems like to me, how do we get to the dead point? How

4:26

do we get to the end of life and maintain what you've got? Right?

4:33

I mean, you built it up, you earned it, you saved

4:36

for it, you did all these things, right, what's so bad about

4:41

keeping it and then passing it on to the kids, avoiding probate, saving

4:46

taxes, getting it to the kids, right, I mean, what's so bad about that? Is that evil? Is that bad? I think not.

4:53

But here's the obstacle. Here's why NBC just did a thing. It's

4:58

probably a couple of months ago now where, but this is everywhere. I

5:00

mean, you can you can find this very very easily. The idea is

5:04

that the baby boomers are gonna are gonna transmit you know, some fifty to

5:11

seventy five trillion dollars to the next generations. Okay, fifty trillion to seventy

5:16

five trillion. It's the only thing that's close enough to the national debt to

5:20

make any difference, right, And everybody kind of thinks that the millennials or

5:26

Gen X, Or's disease or whatever the heck it is, that they're going

5:29

to get bailed out by all this money coming their way. But it's not going to happen. And the reason it's not going to happen is because it'll

5:34

get sucked up by your medical expenses. And by medical expenses they mean long

5:42

term care, because regular medical expenses, you know, you need a new

5:46

kidney or a heart or something like that. You know, you need that

5:49

kind of thing. But we got Medicare for that. Okay, what does

5:54

Medicare not cover? The answer is long term care. Now, the question

5:58

is, well, how do we how do we beat the high cost of

6:02

long term How do we make sure that long term care gets paid for?

6:06

Because if it doesn't get paid for, there goes your house, right,

6:10

there goes the cottage, there goes your savings. And that's the intention,

6:15

right that. And people, you know, every once in a while somebody say, oh, you know, I think I should pay for my long

6:19

term care. I'm like, really, you think you should pay for your

6:23

long term care? Oh? Yes, it's only fair that I pay for

6:25

my long term care. And I say, well, how come it wasn't

6:28

fair for you to pay for your bypass? Hey you got your wife got

6:30

a new knee over there. Why didn't you pay for that? If you

6:33

think it's so righteous, Oh, well that's Medicare. I paid into that.

6:40

Yeah, well you paid into Medicaid too, right, So I mean

6:46

this that's one of those arguments that it's not really an argument, it's just

6:49

it's just sort of a feeling or something. And the fact of the matter

6:54

is that there are ways if you plan ahead to not go broke. How

6:58

do I know this because I've been at it now for thirty years, thirty

7:00

four years. Right, Yeah, there's a way, there's a way to

7:05

do this, and you don't give up control, and you don't give up

7:11

lifestyle, and you don't have to you know, you don't have to give

7:16

up what you want. And at the same time, right, you don't

7:20

have to go broke. And that's a big deal. That's a big deal

7:25

to me. Now maybe that's not a big deal to you. But I

7:27

got to see how I got. People say, oh, all I have

7:29

is a house and one hundred thousand dollars or something like that, and I'm

7:32

like, okay, well with one hundred thousand dollars, right, you know

7:38

what the difference is between a private room and a semi private room. At

7:42

most facilities, it's a thousand bucks a month, thousand dollars a month,

7:46

okay, So, and you can hire a certified nurses' aid for an hour

7:51

a day, hour hour or so a day for another so for two thousand

7:59

dollars, right, a month, you got one hundred thousand dollars. For two thousand dollars a month, you can be in a private room and have

8:05

somebody come in just for you and check on you to make sure you're doing

8:09

okay. So you get a shower, so you get your clothes, so, you know, so that you get some quality of life. Right,

8:16

that's the idea. Well, if you've got one hundred thousand, that's good

8:20

for four years, and the federal government says you're only going to need long

8:24

term care for three on average, you know, twenty percent of people need

8:28

it for five years. Okay, so so you almost made it. But

8:37

that's the that's the idea. You don't have to be in it, you

8:39

know. You know, there are people with substantially more than that who also

8:43

do the planning, Like if you've got a cottage, you know, if

8:46

you've got a business, if you've got something you want to pass on to

8:48

the kids, the farm for example, the hunting property, that kind of

8:52

thing. Again, those are all possible to do. But first and foremost,

8:58

we have to focus on you. First and foremost, we have to

9:03

focus on the person who earned the money, built the business, whatever,

9:07

whatever, Okay, because if we don't take care of you, there won't

9:11

be anything left for the kids anyway, Does that make sense? Yeah,

9:16

We've got I don't know twenty two thousand clients who've done this kind of planning

9:20

and it works for them. It always works, you know, when we

9:24

do the medicaid applications, you know, they actually get the benefits that they're

9:28

entitled to. And I'm not saying it's easy. It's not easy. There's

9:33

a lot of work that goes in to doing a successful medicaid application. Yeah

9:37

there is, Yeah, there is. It's just that you get to keep

9:39

your stuff. Now, would you rather give it all up or would you

9:46

rather hang on to most of it? I don't know, that's your choice.

9:50

But if you want to find out how it all works, come to

9:52

the Three Secrets Workshop and those are Tuesdays and Thursdays all over the place.

9:56

Just give us a call at the office six three six one eighty four hundred

10:03

sixty one six three six one eighty four hundred. And if you're you know,

10:07

you're good on the internet and all that, just go to Davidcarrier Law

10:11

dot com. That's Davidcarrier Law dot com and uh and you can sign up

10:16

there. But if you do it, you're gonna save. If you don't

10:18

do it, well no, maybe nothing bad will happen, right, Yeah,

10:24

I mean that's a that's an attitude. Okay, you've been listening to

10:28

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

10:39

don't know if you're blackoff. This hour of the David Carrier Show is pro

10:54

bono, so call in now at seven seven four twenty four twenty four.

11:00

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

11:05

I'm David Carrier, your family's personal attorney. Yeah, this is this is

11:09

the time to give us a call. Six one six seven seven four twenty

11:15

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

11:20

We'll get your question, comment or concern on the air. Let's see,

11:31

here's another one of those brothers signs over the house right six one six

11:33

seven seven four twenty four twenty four. If you want to get your question

11:37

on I am disabled? Can my brother kick me out of home to sell

11:41

it? My brother fraudulently got mom to sign over her home with a quick

11:45

claim and she wasn't fully coherent. Doesn't this sound kind of kind of familiar?

11:50

I mean that's because it happens a lot. She's eighty six, doesn't

11:54

remember I'm a total health care giver. Brother threaten to sell home and kick

11:58

us out, You'll put her down in a nursing home and met asam.

12:01

Yeah, so if you want to is you know you can go after it

12:11

and try to get the deed removed. Now that's going to be that's going

12:16

to be difficult. It's going to be really difficult because generally speaking, judges

12:22

like deeds. If you've got a deed, they're done with it. They

12:24

don't have to worry about it anymore. And now you have a very high

12:28

standard to prove that mom was not that mom was not competent. So can

12:33

you do it? Yeah, it's possible, but not easy. Can I

12:37

remove co owner on a quick claim deed if they refuse to pay taxes on

12:41

property? I but have solocupancy property originally ded it to my brother. Here's

12:45

another one property deed it to brother from mother. I lived on property for

12:48

fifteen years, pay taxes, cared for mother with understanding understanding who had that

12:54

understanding? I don't know that the house will be given to me for my

12:58

care of her. Good luck for that brother became angry with me. Deeded

13:01

house to my daughter along with twenty one thousand of mom's savings in another house

13:05

that was to be given to my sister, with whom he was also angry

13:09

to punish us. My daughter signed the house over to me with quick claim

13:13

ded leaving yourself indeed as a co owner. She has sole occupancy and refused

13:18

to pay property taxes since then seven years. So now I'm being sued for

13:22

back taxes. Do I have any recourse? No, no you don't actually

13:26

because so this is a tango web right, But no you don't because when

13:33

you put all these people join on the house, right, they don't have

13:37

to pay the taxes. In fact, they can show up with all their

13:39

friends if they want to. Let's assume. Let's assume that that's what this

13:43

is is joint tenancy and she has sole occupancy. That means you can't use

13:48

it, right, you cannot use it, but you got to pay the

13:52

taxes on it if you want to protect your interest in it. Now what

13:54

interest do you have in it? I don't even know. It's not really

13:58

clear to me. I guess if daughter dies, then you get the house

14:05

signed house over to me, leaving yourself as co owner, which could be

14:09

joint or tenants in common who knows. We don't know that. But it

14:13

also says she has had sole occupancy and maybe maybe maybe they are just joint

14:18

tenants, but she's the only one living there. Well, that doesn't gage

14:22

anything in terms of who's going to pay the taxes. That doesn't change anything

14:26

at all. So do I have any recourse? Yeah, go back in

14:31

time, get this thing done right instead of this kind of stuff. But

14:35

you know, this is what we run into day by day by day.

14:41

Let's see, can a special needs trust impact my brother's ability to receive SSI

14:48

and Medicaid. I'm trustee of my disabled brother's special needs trust. His home

14:52

is the only asset in the trust. SSA has stopped his benefits for SSI

14:56

and Medicaid because of the trust. Well, then you've got a bad t

15:00

trust. Okay. So if the reason you do a supplemental needs trust is

15:07

to preserve eligibility for SSI or for the Medicaid SSI being the low income part

15:15

of it, Okay, So somebody screwed up somewhere. Now it says that

15:20

his home is the only asset in the trust. Now here's the deal.

15:22

If mom and dad had given him the house in the trust, right,

15:28

so they gave him the house through the trust, then there'd be no problem.

15:31

It would be no problem. But that's probably not what happened here.

15:35

Probably what happened I'm guessing, and that's all I can do right now is

15:39

guess that he set up a supplemental needs trust, a special needs trust,

15:41

then put his own house in it. Well, if you do that,

15:46

now you are screwed. Okay, now you're not You're not going to get

15:50

the SSI, you're not going to get the medicaid kind of simple, simple

15:54

as that. Okay. That's why you know when people when people do this

16:03

stuff, as you know, you downloaded it on the internet, or you

16:08

got this advice that you know, the guy in the radio said this was

16:12

a great idea, okay, or what is it? Now there's one.

16:18

They've got some football player who's howking trusts and wills and stuff like that,

16:22

you know, and his wife. Very attractive couple, but they're saying,

16:26

oh, here's how you do it, and it's like, really, really,

16:30

you think that's how you do it? Okay? Why not? You

16:33

know, I guess, But don't be surprised when things go really sideways,

16:41

because that guy already got his check and cashed it, all right, the celebrity endorser. And then you probably don't even have any attorney. I don't

16:47

know. Probably don't even have any attorneys involved. I wouldn't think because you

16:51

don't want them. Oh no, those attorneys are terrible, terrible. Can

16:55

I contest a Ladybird ded in Texas? My mother signed a Ladybird nine years

17:00

ago with brother as beneficiary. My brother has since died. I have video

17:04

and sign letters stating that my mother wishes all of her children to inherit her

17:07

property. That's meaningless. Is this enough to put all of our children's name

17:12

on a new Ladybird deed that is now without beneficiary? No? Right now

17:18

the ex sister in law is claiming inheritance for herself even though my mother is

17:22

still alive. But she's now incompetent. I'm thinking I may need file for

17:26

a guardianship help. Yeah, so what you do? You need a lawyer

17:30

who's been down this path before, Okay, and what you need to do?

17:34

And here's the thing, Like, we have had great success. I

17:40

don't think we've ever lost one where we've asked the probate judge whether it's kent

17:45

Ottawa. You know, all the different counties to do a ladybird deed,

17:52

to do a transfer on death deed, and sometimes a little bit surprisingly they've

17:57

gone. They've always gone along with It's been a very very straightforward kind of

18:03

thing. They're willing to They are willing to do the ladybird deed. And

18:07

the nice thing about now, you shouldn't do a ladybird deed to all the

18:10

kids because then you wind up with the problem we just had with the daughter

18:15

and the father on the deed to mom's house, and now one of them

18:18

doesn't pay, or one of them won't sign off, or something like that.

18:22

You need to deed the house ladybird deed the house to a trust,

18:26

Okay, and you pick somebody who's going to be in charge of the trust.

18:29

That's what you need to do. That may not be possible here,

18:32

it may not be possible, but in any event, you need to ask

18:36

the court for permission and you should get it. If Texas is anything like

18:40

Michigan, you should get the ability to do the ladybird deed. But you

18:47

don't want to dat it out to all the kids. Why don't you want

18:49

to dat it out to all the kids, because then you have absolutely zero

18:55

control. All right, every kid can go in a different direction and say,

18:57

oh, that never happens. We just had a letter from somebody where

19:00

that happened. It was a father and a daughter. She's been living in

19:03

the things. She refuses to pay the taxes. He's screwed. He's screwed.

19:08

They're suing him for the back taxes. Know what they're doing. Is

19:11

it going to take the property away? That's what's really going on. He

19:14

doesn't have to pay the taxes, but he's going to lose the property.

19:18

But that's what happens when you do these things half baked. I mean,

19:22

you wind up with half baked, half baked results. And in this case

19:26

you certainly you may not have to file for guardianship. There's a thing called

19:32

protective order. That's how we deal with these, so you don't have to.

19:34

You don't have to do the full guardianship or conservatorship. Just go to

19:40

the judge and say, hey, judge, mom's got this one thing.

19:42

This is the only property. Here's a vide see that's where the video might

19:45

help you to sort of convince the judge that mom wanted to do this.

19:49

It's not really admissible, but the judge might let it in. Look what

19:56

just happened in Manhattan. I guess judge let anything out happen anyway. Long

20:00

story short, Yeah, go to court, get a protective order to put

20:06

this in a in a trust. That would be the that would be the smart thing to do. Uh. Of course it could have been avoided by

20:11

coming to a life planning workshop, a three secrets workshop. What you find

20:17

out about by going to Davidcarrier Law dot com and then showing up and getting

20:22

your house in order so we're not bailing out. That's the idea. You're

20:26

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

20:33

Don't spend time along the time. David's got the how to you're looking

21:00

four Just call seven seven four twenty four twenty four. This is the David

21:04

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

21:11

your family's personal attorney, and now's the time to give us a call.

21:15

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

21:19

seven seven four twenty four to twenty four. Will get your question, comment

21:23

or concern on the air. We've got Jim on the line. Hello,

21:27

Jim, how can I help y? David. Well, I'm curious.

21:32

I'm curious about your Can you hear me? Okay? Oh, just loud

21:36

and clear, Okay, I'm curious five by five. I'm curious about your

21:42

experience defending medicaid recovery claims with a defense based upon a hardship exemption in terms

21:51

of is the department reasonable? How long does it take? Just I've never

21:55

done this before. I'm curious. Well, you gotta you gotta meet the

22:00

I haven't. Let me put it this way. You've got to meet the

22:03

requirements. You know, it's got to be a disabled child, it's got

22:07

to be living in the house, you know, all those other things.

22:10

They they've never seen a hardship Okay, I mean that's well, I'm serious.

22:15

I mean it's like anything else when there's discretion, there's no discretion.

22:19

For example, if you give away stuff and no part of your intention is

22:23

to qualify for Medicaid, then it's not a divestment. Okay, that's what

22:27

the law says. If you gave away stuff and you didn't you weren't planning

22:33

to qualify for medicaid at all, at all, at all. Right,

22:37

well, then that's fine. It's not a investment. I have never,

22:41

ever, not once seen a divestment that wasn't you know, gift that wasn't

22:45

a divestment. You know, you could be happy and healthy everything else.

22:49

The example they use is if you're fifty years old and you paid your kids

22:52

college tuition, got hit by a bus, and now you need medicaid.

22:56

Well, okay, I guess it's okay that you paid the kids college tuition.

23:00

Right, that was the example that they had. But if you're older,

23:03

you know, they just automatically assume it. So you know, there

23:08

are statutory requirements, right, there are some safe harbors, but my experience

23:14

is if you don't meet the safe harbor, forget about it. You're not

23:17

getting it. They do respect the safe harbors. Oh yeah, yeah,

23:22

yeah, yeah, yeah, yeah yeah. You know, if it's the

23:26

if it's disabled child, how long, well you're in probate, Yeah,

23:33

we're in probated. Yeah, so they'll they'll file a claim. You know

23:37

what will happen is you'll get a letter from Health and Human Services that says

23:42

that they're they're filing a claim because they you know, they keep an eagle

23:45

eye on this stuff, and you'll get you'll get a claim. Now,

23:51

once upon a time we managed to deny the claim and they didn't respond to

23:55

it, okay for sixty three days, and so we managed to wipe out

23:59

the But that was a one off. You know, that just doesn't happen,

24:03

right, you know, if you if you see, this is why,

24:07

this is why doing the trust. You know, avoiding probate. See,

24:11

avoiding probate is not so important just because you're avoiding probate. It's like,

24:17

oh, it's probate. Yeah, yeah, that's true. But the

24:21

real, the real jab in the guts is this is state recovery. Okay.

24:27

So if you the reason you want to avoid probate is to avoid a

24:33

state recovery because by the time you get up to your eighties, almost everybody's

24:37

going to be needing Medicaid, gonna be need and skill care and recovering.

24:42

Now. I heard the Assistant Attorney General who does these cases, and this

24:47

was years ago and nothing has changed that. You know, she felt bad

24:52

about the estate recovery because the only people doing it are people who got bad

24:55

information. Okay, So if you didn't get good information, you're going through

25:00

a state recovery. Now here's the other thing that has been true so far.

25:06

But Michigan is one of just a few states that does not put a

25:10

medicaid lean on the property when you apply for Medicaid. Okay, Michigan doesn't

25:17

do that. They wait until you go through they go through probate. So

25:22

and the reason Michigan didn't do it, I mean back when Grhenholm was governor,

25:26

like twelve years ago, they tried to they that one. Fourteen years

25:30

ago, they tried to They tried to put this through, and they did

25:36

all the law stuff necessary, all the legislative stuff necessary to put the liens

25:41

on, and that law has just been sitting there, has not been enacted.

25:47

Well after the election. It's going to be very very easy just to

25:52

enact that. So I think my personal thing is, yeah, you still

25:56

want to avoid probate, for sure, but you need to be taking that

25:59

next step of avoiding the Medicaid lean in the first place. And for that,

26:03

there's other things that need to be that need to be done. But

26:07

I just I think that's coming down the pike, no question. So Okay,

26:12

well, thank you for that whole time. Appreciate, appreciate it.

26:15

Oh you're yeah, you're welcome. Yeah, you know, if they have

26:18

a if they have a hard and fast rule, they'll they'll abide by it,

26:23

you know. They they're not bad about that. It's just see when

26:29

I first started doing this, right thirty years ago, thirty plus years ago,

26:33

the the most helpful people in learning this were the case workers, right,

26:41

because you had people who had been doing this like for their career,

26:44

right, had been doing the medicaid stuff, long term care, medicaid,

26:48

and they knew all the ins and outs, and they were willing, if

26:51

not happy, i'd say happy, but they were fine with sharing it with

26:55

you. Oh you know you need to do it like this. Oh hey, you did this, but you know you should do it like that.

27:00

And it was very very very very nice. It was very very helpful.

27:04

But now you know, if you've ever had an insurance claim with a a

27:11

with an adjuster who you know, bad adjuster. Let's put it that way,

27:17

right, That's that's what it's like. It's more like that now you

27:21

get a lot less cooperation. But but I have to just to be fair

27:23

about it. Though there are they do take There have been some caseworkers who

27:30

were like egregiously bad and they have rained them in, trying to rein them

27:37

in, you know, after years of torment. But yeah, but they'll

27:42

they'll follow the rules, and if they don't follow the rules, you can

27:45

always appeal the thing to the mystery of law judge and the mystery of load

27:48

judge. You will follow the rules, so you know, it's for any

27:55

go ahead. Every medicaid car does every medicaid recipient have a case worker?

28:00

Oh yeah, yeah, yeah, yeah, you got to have a case

28:04

work. Absolutely, and I'm not going to tell you who get in trouble.

28:15

But there is still some much you know, you're very welcome, You're

28:18

very welcome. Most of them are very good, you know, like I

28:22

say, it's not like it was, but they're still very good. The

28:25

problem is the they've computerized the thing. So now the powers that be think

28:30

all you have to do is input data and that you know, who knows,

28:33

they'll probably go to AI next. But all you have to do is

28:37

input the data and you'll come up with the answer. And that is not

28:40

the case, you know, that is It doesn't It doesn't really work like

28:44

that, but they kind of wish it did. So instead of having specialists,

28:48

people whom for whom the medicaid, the long term care, Medicaid is

28:53

the only thing they do. They're fewer and farther between. You know,

28:59

they're just the way it is. But but you know, there there are

29:02

dozens of medicaid programs. You know, you say medicaid, Well, it

29:06

depends which program you're looking at, and there's different requirements for the different programs.

29:11

So yeah, you know, you can't take you can't take anything.

29:15

And right now, and just one last thing, right now, we haven't

29:18

had any changes to the rules this year, which is unusual. We usually

29:22

get monthly changes. And the reason is, the reason that we've been told

29:27

is that they're going to make a whole lot of changes and those are going

29:30

to hit us all at once. So there's no sense making, you know,

29:33

little changes because everything's going to change soon. What is that good?

29:40

Is that bad? I don't know. The good news is that the things

29:45

the planning that we've done is based on the statutory law as opposed to regulations

29:49

first and foremost, and so we should be we should be fine. But

29:55

you know, when you're dealing with the government, you're dealing with the government you know, as simple as that. You've been listening to the David Carrier

30:00

Show. I'm David Carrier, your family's personal attorney to make a problem.

30:29

David's perkins and working and taking your calls. Now, this is the David

30:33

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

30:38

your family's personal attorney, reminding you that we live in a different kind of

30:44

world than we then we woke up in a year or two ago. Different

30:48

kind of world, huh, A different kind of world where our newspapers are

30:52

trumpeting that the people who complain about injustice are the problem, because we're pointing

30:57

out, hey, this will bade. Do you imagine get this? Imagine?

31:03

Imagine you're a bad guy. You're a bad person, okay, and

31:07

you're running a whole country, and let's say you even invaded in another country.

31:11

That's how we know how bad you are, right, and so you're

31:15

a bad person. We all agree on that. And when people there are

31:19

people that you don't like, okay, And the way you get rid of

31:25

the people that you don't like, right is by pushing them off of buildings,

31:30

crashing their airplanes, you know, nerve gas Oh there's a surprise.

31:37

Oh nerve gap. Where did that come from? Who knows? Okay, Like that's how you're getting rid of the bad people who are against you.

31:44

Okay, So you know that's pretty that's pretty rugged, right to just imagine.

31:52

I mean, I'm just saying this is not has nothing to do with

31:55

reality. Of course, this is just speculation. Okay. So you've got

31:57

a country over there that's with the bad people, and they kill the people,

32:02

you know, push them out of windows, and and like if they're

32:06

in jail or something, they mysteriously die in jail and the police who are

32:09

supposed to guard them are mysteriously gone, and the cameras don't work and like

32:15

that. Okay, so that's how you've been doing it, right, That's

32:17

how you're you're imaginary dictator over there. Right. And then and then you

32:22

see this other country, right that pretty much holds itself up as the you

32:28

know, as the as the good country. Let's say, the good country

32:31

says, hey, and we don't push people out of windows, we don't

32:36

kill them in jail, usually we don't. We don't do any of this

32:39

bad stuff, you know, but we do make up crimes and we try

32:47

people in jurisdictions where we know that no one will no one really needs the

32:52

evidence. You know, do you ever watch or read Alice in Wonderland?

32:58

You know the right Queen verdict first trial, later verdict first, Well that

33:04

actually happened. There was the verdict came first, and then came the trial

33:07

that actually happened, but it was a civil case, so you know that's

33:12

okay, I guess, And then there was then there's another one. How

33:17

to ladder together these things that weren't crimes or were past the statue limitations,

33:22

things that people had never been prosecuted for before, and then you put them

33:27

together in new and exciting ways. And now now you can put people in

33:31

jail and stuff like that. You see, So if you would think about

33:35

this, and then the person who got railroaded like that was crying about it

33:38

and saying, oh, this is terrible. Now here's a question for you.

33:43

If you're the bad guy who's been throwing people off of buildings and whatnot,

33:49

right, and now you see a way that the nicest country in the

33:54

world, the best country in the world, right, the one that everybody

33:58

kind of looks up to, the one that kind of runs the shit, oh is doing it like this, okay, and they're destroying their political opposition,

34:07

not by throwing them, pushing them off buildings or stuff like that,

34:10

because that would get sticky, and we don't like that unless they're really really

34:14

bad and then we put them in jail and they just mysteriously whatever. Anyway,

34:19

Let's say that you're the guy watching the show, okay, and you

34:22

see that everybody really likes this idea. Really. I mean, the people

34:29

who normally criticize you, hurt your feelings, hurt my feelings, you call

34:32

me a thug and a dictator, but they really like this way of doing

34:37

it. Okay. Now I'm just saying, what would be the lesson you

34:44

would draw from that? Right? What would be the lesson that you the

34:50

evil dictator of this bad country that invades other people and does all kinds of

34:53

bad stuff? Right? What would you what lesson would you take from the

34:59

fact that this country that calls itself super nice and everybody kind of acknowledges that

35:05

they're super nice country and they've been nice to everybody and stuff like that.

35:08

But now, but now they're putting people with hundreds of years of jail sentences

35:15

and stuff. Like that. I'm just theorizing theory. I mean, obviously this could never happen. I'm not saying that would happen or anything like that.

35:22

Or you know, any resemblance to actual people is a beauty coincidental.

35:28

Yeah, that's right. This is all fictional. But I'm saying, if

35:31

you were the bad guy and you'd been busy pushing people off at buildings and

35:36

stuff, but if you found out that you could get the same result right

35:39

by doing something that the newspapers could investigate and would cheer you for. Right,

35:49

So who's the one Who's the person you know, because they're cheering about

35:53

this stuff. Now, let's just say the newspapers were doing that. Who's

35:58

the one who's encouraging the bad guy, the person who's complaining about the evil

36:01

treatment, or the people who are praising the evil treatment. Who are you?

36:07

Who's empowering? Who? Here? You know what I mean? I

36:10

mean, it's just anyway, I leave that. I leave you with that,

36:15

with that thought about the rule of law and everything else. So let's

36:20

say Mom dies of COVID in twenty twenty. Here's the last one. This

36:24

will be good. Mom dies of COVID in twenty you know, because we

36:28

have to do some legal stuff here. Right, Mom dies of COVID in twenty twenty. She left the will stating my sister, brother and I were

36:32

to inherit the home. However, his stepdad is still alive and over the

36:37

age of sixty. We know that he has the rights to live there until

36:39

his death. Well who said that? No, you don't, he doesn't

36:44

have He has a right to live there for one year, one inner year,

36:47

one year, Okay, not till he's you know, maybe something else

36:52

happened. I don't know, maybe there's some other stuff that you're not telling us about. But if nothing else is true, the fact that he's married

37:00

to her gives him one year in the house. That's it. How do

37:02

we ensure that once he dies, the property going to switch to our name?

37:06

Or can that be done already? Yeah? So what you really want

37:09

here? And sister brother and I. Right, and this guy is over

37:15

sixty, but how far over sixty we don't know. So let's assume he's

37:17

got twenty years to go, right, do you really you know? And

37:21

things can happen to you, your brother and sister in that sixty in that

37:24

twenty years, right, So the thing to do here would be to go

37:29

to You got to go to probate court. Right, you want to go to probate court because you've got a will and it says that you inherit the

37:37

house. And then what you want to do is find out just exactly how

37:40

it is that stepfather has the right or husband has the right to live in

37:45

the thing. Why you think he's got the right to live in it till

37:47

the rest of his days? It may be true, but it would have

37:51

to be somewhere in that will, because if it isn't, then he does

37:53

not have the right. He does not have the right to live there.

37:57

Plus, you do not want to dad it out to the three of you.

38:00

And the reason you don't is because if one of you gets in trouble

38:04

divorce, bankruptcy, lawsuit, what have you now? You've got leans on

38:07

that house. Who wants that? Nobody? So what if you asked the

38:12

court and you said, hey, this guy's got a life estate in the

38:15

property, right, but judge you, budgie, we want to get the

38:17

property right away if he goes into nursing home. Would the judge do that?

38:22

Might? Should? You should ask find out? Right? And you

38:25

want to sell the property through a trust, not the three names. For

38:30

God's sakes, don't do that. It's just it's a very bad idea.

38:35

But you do a trust because now the trust is done correctly. Now the

38:38

fact that twenty years from now, when you need long term care and the

38:42

house gets sold, you're not losing everything you got from the house right to

38:47

the medicaid. All right, So there are really good things that should be

38:52

done in a situation like this. It would have been much easier if mom

38:55

had taken the rings. Mom had done it correctly. She didn't. She

39:00

did not. But you know, light one candle rather than curse the darkness,

39:06

right, I mean, is it the best situation? No, it isn't. But you still got some potential here to fix it. Let's go

39:14

for that, all right, Let's do the let's do the best job. As with everything else, let's do the very best job that we that we

39:21

can, you know, with humility and good spirit and goodwill towards all.

39:24

Okay, And so that's what ought to be done in a case like this.

39:29

You've been listening to the David Carriers show. I'm inviting you to come

39:31

to one of our Three Secrets workshop. Just go to the website David Carrier

39:36

Law dot com Tuesdays and Thursdays all over the place. You've been listening to

40:08

the David Carrier Show a lively discussion addressing your questions and concerns, but not

40:13

legal advice. There is a big difference, so when making decisions that affect

40:16

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

40:21

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

40:25

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

40:30

visit Davidcarrier Law dot com.