0:13

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

0:18

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.

0:36

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

0:40

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

0:45

law. So give us a call. Why don't you have six one six

0:48

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

0:53

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

0:59

on the air. We were talking in the last hour with with Dave,

1:03

who's got a duplex he'd like to get to his kids. We talked about,

1:06

you know, if you do put the kids on the LLC, the limited liability company that's holding the duplex right now. I don't think, although

1:14

we don't promise, I don't think that's going to be an uncapping simply because

1:18

they're all relative to the first degree, so that should be okay. Had

1:21

a Social Security question that canny claim on his ten year marriage divorce wife's so

1:26

security work record. The answer is yes, that should be no problem,

1:32

you know, just file the paperwork. And then my thought was when you've

1:38

got and he's got multiple investment properties, that's what he's been doing. That's

1:42

why you know social Security is not there because he's been doing this other thing.

1:48

Which fine, fine, but when you get it right now, it

1:53

should be and you faithful listeners know, you know, we should put this

1:56

in the Protection Trust so that lawsuits and long term care now that's going to

2:00

be protected. And when it goes to the kids, because one of the

2:04

things Dave had mentioned was well what if I start transferring interests in the LLCs

2:08

to the kids? Well, you got two issues with that. One is

2:12

a new requirement that all ownership changes be reported to the federal government, which

2:16

has never happened before ever, never. Okay, they didn't used to be

2:21

anywhere you could go to find out who owned a corporation. We had this thing called the right to privacy in America. Of course that's been torn down,

2:28

trampled on, and forget about it because hey, you know the Europeans are doing it and look how great Europe is working out. I guess yes,

2:34

that's the theory anyway, So I asked Dave to hang around because there

2:39

was one number one day. Are any open issues on your side, any

2:50

question that you well, you know, we talked about like one duplux And

2:55

part of my thing was, you know, looking forward down the line with

3:00

my kids, uh if you know, I have more than one duplex.

3:05

And my thing was is, you know, even if they don't want to

3:07

do what I did, they could turn it all over to a management company

3:10

and get a piece of the action as they pursue whatever life they do.

3:15

I don't see a lot of I don't see a lot of young people being able to go out and do what I did because the rules have changed in

3:22

the last forty five years. And the toilet oh yeah, yeah, you

3:29

know, but I mean you hear all the Yeah. All I know is

3:32

the rules have changed so much. I don't see any young people being able

3:38

to afford to get into uh the property and there's nothing available because the big

3:43

people are buying them all up there you go. So so here's what I'm

3:47

suggesting for you is when you do transfer it to the kids, right that

3:53

that be done. You hold it and my my, this is what I

3:59

think you should beholding that in trust, okay. And then when it goes

4:02

to the kids, when it transfers to the kids, you should be establishing

4:08

separate trusts for each kid. That should be built into your plan. The

4:14

reason for that is you don't know what the future holds. Your kid could

4:17

be in a car accident, maybe they got a divorce, maybe who knows.

4:23

But by setting up a trust in your trust, this is not a

4:27

whole additional paperwork or anything. It's just it's just the smart use of the

4:31

tool that you're already doing, Okay, So that when the kid gets the

4:35

property, it's in trust for them, so that if they're going through a

4:39

bankruptcy, a divorce, if they're getting sued, what have you, then

4:43

those assets are protected. Also, the kid is protected from any liabilities that

4:49

might Oh look at pifos in the basement. Okay, Well, kid doesn't

4:54

have to worry because they don't own it personally. They own it in the

4:57

trust that you created. So again it's it's a it's a two way street

5:01

as far as the protection goes. Okay. So that's why I'm saying when

5:06

you do your state plan and you leave it to the kids. Do not

5:10

give it to them now they don't need it. Now you're not I mean

5:13

the depending on the size of your estate, you might have to worry about

5:17

the state tax, but right now it's at thirteen million, so it's probably

5:21

not going to be an issue. You want to get your stepped up basis

5:27

for the kids so they can redepreciate the houses and not pay any capital gain

5:30

tax when they when they take them from you. But here's the So that's

5:34

all kind of standard Davy carrier stick. That's how you do these things.

5:40

That's how we always do these things because nobody at all has a has a

5:46

crystal. Nobody knows what the future holds. Nobody knows. So to pretend

5:50

that you do, or to put together a plan that assumes that you have

5:55

any idea, I mean, who saw COVID coming for crying out out?

6:00

Yeah anyway, or Ukraine or any of our sort of stuff. Anyway,

6:05

the point is do that now you're protecting. Now here's the here's the one

6:10

tip. Here, here's the one idea for you. See, if you

6:14

like it right now, you're you've got LLC's for each of your rental properties.

6:18

Am I understand that correctly? Yeah, I've got multiple properties in each

6:24

LLC. I've got you know, three LLCs the populated Uh you know,

6:30

yeah, okay, So here's the So here's the issue. If you know,

6:36

somebody slips and falls over there and you didn't have insurance and you know,

6:41

a whole bunch of things got to go wrong. But now you're liable

6:45

on one property in the LLC. The LLC is responsible. Now now they

6:50

can't get your other LLC's and they can't get your house. That's right,

6:54

that we're supposed to work, but they can get the other assets that are

6:58

in the LLC. Right. So that's why I kind of favor you know,

7:03

once you get past I think it's like four or five of them,

7:05

you don't have to pay separately for the annual reports. Saves you a couple

7:09

bucks. But theoret I mean the theoretical best way to do it is separate

7:15

LLC's per property. But then here's the here's the Uh, it's one of

7:21

the things I've been doing for years. I just love it. So why

7:26

did they get to get in your LLC that owns the property, because that

7:30

was the LLC that rented the property to the tenant. Right, that's logical,

7:35

am I right? Okay? What if the property ownership LLC rented the

7:42

property to another LLC to call it the rental agent LLC, and the rental

7:49

agent LLC rented it to the tenant, and now the tenant slips and falls

7:58

things are bad, blah blah blah. Who do they get to sue the

8:01

LLC that owns the property or the LLC that sublet the property to them?

8:11

I'm liking it. Keep going, that's it's well, that's the idea.

8:18

And you do. What you do is you do month to month tendancies from

8:22

the ownership LLC to the rental agent LLC, so that if things go sideways,

8:26

you know, thirty days later you've cut off. There's no way to

8:31

track it back, is what I'm saying. So you create another rental agent

8:35

LLC number two, right, and now you month to month to those people.

8:39

So you go on without a violation between you and your tenants. So

8:46

your tenants are all happy. They're now getting evicted, right, they don't

8:48

get a new landlord or anything. But all the LLCs, all the contracts

8:56

are with the subletter, the subletting LLC. So you cut off that,

9:01

you cut off that lifeline. So people are all like, oh, you

9:05

know, at least you know I know that my property is still at risk.

9:09

Well, why is your property at risk? It doesn't have to be.

9:13

You could set it up so that it's not at risk. Actually,

9:16

my goal is to give you five, give a tenant five impossible things to

9:20

do before they can get to your house. That's how we set up these up. When we've got what we're dealing with property owners, not one impossible

9:26

thing, which is, oh, I have an LLC. It's impossible to get out of the LLC. Yeah, it's impossible, but it happens every

9:31

day. Okay, so oh well it won't happen to me. I say,

9:35

okay, fine, whistle pass the graveyard. It's your life. But

9:39

what if what if we did we do the LLC thing, the sublet thing.

9:46

Then we put it into a trust right, so we have the LLCs

9:50

that hold the property in their trust. Well, it's impossible to get out

9:54

of the LLC. It's impossible to get out of the trust. Oh, it's impossible to get past the sublet l See this is how we get to

10:01

five. And then all your other stuff is in a separate trust. Now

10:03

it's five impossible things that have to happen before anybody. And then at that

10:09

point the PLANEFFS attorney is like, yeah, can't we find a car accident

10:11

around here somewhere to sulan You know, you want to be a hard target.

10:16

That's my point, you know. And you know I get into arguments

10:20

with people, Well the judges will collapse it. Well maybe he will,

10:24

maybe, but you just made it very, very difficult for the plaintiff.

10:31

And these are low value cases, relatively low value cases. Anyway. Let

10:35

the let them take the insurance proceeds. That's why you have insurance, you

10:37

know. But you don't get my house. Screw you, you know,

10:41

I mean seriously, you know, that's why you have insurance. Take care

10:46

of him. All right, Thank you, David, appreciate it. You've

10:50

been listening to you too. You've been listening to the David Carrier Show.

10:56

I'm David Carrier, your family is personal attorney. This hour of the David

11:13

Carrier Show is pro bono, so call in now at seven seven four twenty

11:18

four, twenty four. This is the David Carrier Show. Welcome back to

11:24

the David Carrier show. I'm David Carrier, your family's personal attorney. Now's

11:30

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

11:33

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

11:39

four to twenty four. You know, one of the things that we're just

11:41

talking about that really applies, really applies to everybody, is this whole idea

11:50

of how do I get my stuff to my kids? You know, and sometimes people are like, oh, I want to see my kids enjoy it

11:56

right now? Hey, who am I to fight that one? I mean,

12:00

good, do it? You know you put it into the Protection Trust.

12:03

Five years later, it doesn't count. So make your distributions from the

12:07

Protection Trust if you want to see your kids enjoy the stuff now, there's

12:09

no problem with that. My whole point here, and it has been so

12:16

consistently, is you can't expect good results from slap dash, haphazard or you

12:26

know, somebody told me this would be a good idea. That's not how

12:30

this stuff works, right, And if you think it is, think again,

12:35

right, it's not like we kind of fly below the radar here.

12:41

I don't know if you understand that, right, because not many people are

12:46

doing this. You know, a lot of people with properties are doing it,

12:50

of course. I mean we've got tens of thousands of people who are doing it, okay, But in terms of the general population, right,

12:58

how many people have figured out the am of long term care? How many

13:01

people have figured out that You've already paid for it once and then I'm going

13:03

to make you pay for it again. Oh, by the way, not only going to pay for it again, we're taking away everything you saved up.

13:09

Oh by the way, if you hadn't saved anything up, it'd be

13:13

free for you. I mean, who doesn't get you know, all right,

13:18

it's hard, it's ugly. You don't want to admit it, you don't want Okay, fine, fine, you know I get all that.

13:24

But that's where it is. That's where we live. That's where we are

13:26

living right now. And when it comes to you know, if they think

13:33

that you're in their way, well look what they did the last time,

13:41

you know, and like you know, like our caller was saying, oh,

13:45

it might be this and that, you know, they might be targeting different different vaccina. I don't think they're that good. I don't think they're

13:52

that smart. I don't think they I don't think. I mean, I

13:54

could be wrong, of course, but I don't think they've you know,

13:58

I I don't think they're that aware of what they're doing. I think it's

14:03

just a matter of, hey, we got something. It seems to work.

14:07

They'll give us a whole freaking ton of money for it. Great,

14:11

let's sell them the stuff for the whole ton of money. I think they're just chasing the dollars. I really do, you know? I mean,

14:18

I mean, what else explains the behavior? I mean, you told me

14:22

something else that explains the behavior of, you know, shutting things down,

14:28

and yeah, oh oh, but it's not political at all. Oh no,

14:33

it has nothing to do with getting rid of the current administration. Oh no, oh, how could you ever think that anything would be like that?

14:39

Oh you're so cynical. Blah blah. It's like, yeah, oh

14:46

boy, I'm ashamed. You're right. I should never have said that.

14:48

Oh I feel terrible, terrible. And then you listen to some of this

14:52

testoon and it was like it was worse than you imagined, you know,

14:56

And you're the cynic. You're the one. Especially love I especially love it

15:01

when they catch people who, uh, you know who pooh pooed others.

15:05

You know, Oh, I never said that. I never said that. Roll tape here you are saying it five times. You know, these people

15:11

who try to escape the consequences of their of their behavior, you know,

15:16

back in the day. And it's like, not like people didn't make mistakes,

15:20

you know, and you know, there's a there's a range in which

15:24

you accept human beings make mistakes. That's the way it goes. You know,

15:28

we're not none of us perfect. That's that's right, that's right,

15:31

you know, And this was unprecedented and all the rest of at least we were told it was unprecedented. And then it turns out not only is it

15:37

not unprecedented, it is the consequence of things that you paid for in the

15:43

very city in which this thing erupted. Can you imagine Can you imagine sitting

15:48

there, it's like, hey, let's see if we can add but no,

15:52

do this to these viruses and stuff like that. And then all of

15:54

a sudden, in the city, the city with the lab that you're funding

16:02

to do these things, you know, to make the super bug, all

16:04

of a sudden, the super bug starts killing people. Oh wow, they

16:08

must have gotten some hold of some bad monkey there, you know, some

16:14

spoiled BacT that's probably that's the problem. It couldn't be this lab that we're

16:21

creating viruses to do exactly what this virus is doing. Oh no, no

16:23

no, oh no no, no no no. But everything else is cool.

16:29

Yeah. Yeah, it turns out we were lying about that. But

16:32

everything else, you can trust us on everything else. Really, really,

16:38

you know what I mean? When your kid lies to you about doing their

16:41

homework or their chores or something like that, right when they lie to you

16:45

about that? Which kids lie? Okay, you get it? Do you

16:52

just instantly assume that from that everything else they're telling you is the truth?

16:57

Right? Did you do your Oh yeah, why'd you get the F on

17:02

the test? Oh? You know? I got marked down for not doing my homework, But you told me every night. Did you did your homework?

17:07

Yeah? Well, but but hey, don't worry about my doing my

17:11

chores. I sure did them. Don't worry about this that and the other

17:14

thing. I sure did. You know, Yeah that was just chemistry,

17:17

but in in math or I'm fine, I did all that. Like,

17:22

who believes this? Nobody? You don't believe it in any other aspect of

17:26

your life. And you know that once you get somebody and that we all

17:30

know them. You know people in your group who are you know, you

17:33

gotta be careful about what so and so says, Right, you don't.

17:37

They don't get a pass on that later on, and it's like, and

17:41

in the outrage that we're supposed to get, we're supposed to give these people

17:45

passes. It's supposed to be Okay, oh yeah, you did this incredibly

17:52

discussed and dirty thing. And you defend I did not have a gain of

17:56

function research with those viruses. Well, it depends on what is means?

18:03

What is is? You know, that was the most amusing thing about the

18:06

current gun trial in Delaware. There. It's like, well, I wasn't

18:12

an addict at the moment I signed the papers. You know who gets away

18:17

with that? You know who gets away with that kind of thing? Bill Clinton and Hillary Clinton? Right, they get away with that. They do

18:25

they did right in front of us. They did it. Okay, you

18:27

know who else gets away with it? Nobody? Nobody did they get Yeah,

18:33

they got away with it. Yeah they did. It was pretty obvious,

18:37

right, do you remember you remember back in the day when they were

18:41

still a thing. Well, not that they're not still a thing, right,

18:45

but they get away with stuff like that. I don't I don't.

18:48

I don't think Hunter has the charm. I don't think Hunter gets it.

18:52

That's not gonna happen for him. But anyway, the point here is the

18:57

rules still were okay on this level, on our level, the level that

19:04

we're on a practicality of day to day that kind of thing, and we

19:11

are facing a unprecedented crisis, I would say unprecedented challenges. Right, how

19:18

can you borrow a trillion dollars every ninety days? How can you do that?

19:25

How long is that going to last? And when you're finally done with

19:29

it? Like when when is it going to be done with it? When

19:33

that happens, what is your what are your investments going to be worth?

19:37

A lot more, a lot less? Who knows? But the point is

19:41

that you need seems like to me, seems obvious to me that if you've

19:45

been one of those people who have worked and saved and paid, you're what

19:49

they consider to be a chump. You're a chump, You're you're just paying

19:52

for their stuff. That's what you are, That's what you are to them.

19:56

They're a tick. You're the elephant. They fasten down to your ass

20:00

and they're sucking good and hearty, and eventually the elephant falls over. Takes

20:07

a while, has taken a while, right, But they're taking a trillion

20:10

dollars worth of blood out of the elephant every ninety days. I mean,

20:14

how's that going to work? Do you think you can just get by?

20:17

You think just well, you know, the old ways are the good ways.

20:21

I'll just do a will I'll just right on the back of a napkin. You have got to be smarter than ever about how to hang on to

20:27

your stuff for you and if you have any intention of getting it to anybody

20:33

else, you have got to be smarter than ever before about how you do

20:37

that because the challenges that are. You know, it's like they say,

20:41

crap rolls downhill. That's what you told me in the military. Crap rolls

20:45

downhill societally as well. It's going to roll down on you. You got

20:49

to do something about it, is my opinion. You've been listening to the

20:52

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

21:17

the how too you're looking for. Just call seven seven four, twenty four

21:21

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

21:26

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

21:30

time for you to give us a call. Sixty one six seven seven four

21:34

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

21:41

four, give us a call. Why don't you let's get some of our

21:45

emails here. How can I prove that my husband's part of a home sale

21:48

should come to his wife if he has passed? Okay? Mother in law

21:53

owns a home. She died. She had three kids, one died now,

21:56

the other two are going to sell the house. So as his wife,

22:00

as the decedent's wife, I guess what can I do? His name

22:03

was on the deed if there was a will, I don't know, but

22:06

he lived in the house after she passed while he was alive. He paid

22:08

taxes irrelevant, and home insurance by himself also irrelevant. As his wife,

22:14

do I get his part? It depends on what the deed says, okay,

22:18

which we don't know. So if the deed says, you know,

22:22

I give it to Larry mo and Curly period. Right, then each kid

22:27

owns a one third interest as tenants in common. What does that mean?

22:33

What it means is that you each own a third of the house, okay,

22:37

and you own it, the others don't own it, and when you

22:41

die, it becomes part of your probate estate, okay, unless you've dated

22:45

it out to your wife for example, or put it in a trust or

22:48

something like this. And so that's if the deed says that. What if

22:52

the deed says I give it to Larry Moe and Curly jointly? Okay,

22:59

Well, now you have another question to ask. You have to say, well, did anyone Larry Moore or Curly do anything that was contrary to the

23:07

idea of a joint tendancy like putting it in trust? Did you put your

23:11

joint interest in trust? Because if you did, then you broke the joint

23:14

tenancy. Or you give it to your wife or something, then you broke

23:18

the joint tenancy. Right, and now it's tenants in common. Back to

23:22

the first one we talked about. The Third way of doing it is to

23:26

say I give it to Larry Mowen Curly as joint tenants with full rights of

23:30

or rights the survivorship or full rights of survivorship. You decide always like put

23:37

in full well the ninety eight point seven rights the survivorship. Anyway, the

23:42

point is that when you do that, then you can put your interest into

23:48

a trust and it will not break the joint tenancy. It's not inconsistent because

23:53

the right to survivorship right went into the went into the joint tenants. That's

24:00

that was part of the h that was part of the deal. So the

24:03

answer to the question is, I don't know. You got to. You

24:07

absolutely have to look at the at the actual deed. So often that's the

24:14

that's the truth. Can I assume my former trustee for misuse of funds,

24:18

elder abuse, evicting me and cats, taking away the car, homeless slander,

24:26

son and daughter in law took away the car that maintained for nine years,

24:30

changed charged to trust for repairs, Evicted me on thirty day notice with

24:34

four cats in no car. Cancel my care credit account I use for my

24:37

cats, veterinary of your needs. Unable to buy a special diet for my

24:41

kiddy who's in hospital. The kitty is in hospice. Ya Schnike reported me

24:45

SSI for fraud, so my income was decreased. What did you commit fraud?

24:51

I'm a senior citizen, beneficiars and former trustee dodter in law, live with dodd in law son for nine years. YadA, YadA, YadA.

24:56

On June twentieth, I will be homeless again with my cats. Trust helps

25:02

me with Uberse storage moving truck. That's not what the money is for. Well, certainly, if if a trustee is misusing funds, right, so

25:10

if you go and you say, look, the trustee was supposed to do these things with the funds. But because they are awful people and because they're

25:17

stealing the money, basically, all right, they're misappropriate in the funds.

25:19

They're using it for wrong purposes. They're not spending it on moms so that

25:23

they'll get the money eventually themselves. Well at that point, okay, now

25:29

the trustee cannot use the trust assets to defend themselves. Now they've got to

25:33

go hire their own attorney to defend themselves and find out, you know,

25:37

what's going on here with the cats and the you know, kitty and hospice.

25:41

That's terrible. So that's the that's the deal there, you know,

25:45

can you do it? Yeah, you can absolutely, should you? I

25:48

think so? I would, I would say, so, how do I

25:52

go about having my stepfather SO Security check direct deposit into my bank account?

25:57

Wow, it's like quite how it works. Recently removed my elderly parents into

26:03

my home to care for them. My mother passed away unexpecting. My stepfather

26:06

has beginnings of dementia. Okay, so what you need to do here is

26:10

do what's called the oh man. See, here's the thing. Social Security

26:18

and veterans, they basically disregard powers of attorney, They disregard guardianships and conservatorships,

26:26

and they have their own thing, representative pay That was the work.

26:30

So with the vets it's called fiduciary. Their fiduciary program a little bit generic.

26:37

But with the Social Security they call it the representative payee. So what

26:41

you would do is go with father or stepfather before he becomes incapacitated, totally

26:45

incapacitated, get on down to SO Security Administration, to your local office,

26:52

and say, hey, pops, heer is not doing so well. He

26:55

would like for me to be his to represent him for SO Security man.

27:00

Now I'm his step daughter. So there's no actual relationship here. There's no

27:06

there's no legal relationship, right, but I am a step daughter and I'm

27:11

here to take care of him, and I'm willing to do that, and he's willing to have me do that. So let's sign the paperwork and get

27:18

this so I have control now. It will not go to your own personal

27:22

checking account. Well that's not how it works. Uh. And as representative

27:26

payee, you do have to account for how you spend the money. That's

27:32

fair enough, right, I mean why not? So? So that's what

27:36

you Uh, that's what you got to do there, you know, just get get over to the Secretary Estate, secondary estate, excuse me, Social

27:44

Security Administration, your local office, and they'll they'll handle it. They'll hand

27:48

left. I think you can apply online for that too. Almost anything you

27:51

can do with SoC Security you can do online. Out It's great. Uh. I'm executor of my stepfather's trust, meaning your trustee step father's trust.

27:56

I guess how do I prevent my steps sister, which I guess means the

28:02

blood relation from trying to take away my right as trustee? I have to

28:07

go to the funeral home, take your of funeral arrangements, get a copy of death certificate. On Monday, my mother was buried in twenty thirteen joint

28:14

cemetery plot. All the paperwork is in my name. My stepsister wants me

28:18

to sign over the funeral contract to her. She's trying to take control of

28:21

my responsibilities as executor. What do I need to protect my rights and keep

28:25

her from trying to take control of the trust She's not listed as trustee on

28:29

the wheel. So here's the deal. You got two things going on.

28:32

You gotta tug a war over the body at the funeral home. Okay,

28:37

that's a problem. Now, if your stepfather did a designation of funeral representative

28:45

and put you on it and signed off on it, then you're the one

28:49

who gets to decide on the funeral arrangements. But if he didn't, the

28:53

fact that your name is all over the place, you know, if he

28:59

didn't do a designation a funeral representative, you're screwed because next to kin gets

29:06

to decide make internment decisions. The next to king gets to do that,

29:11

not you. So the fact that you're on all these all these all this

29:15

paperwork over there at the funeral home or at the cemetery or what have you.

29:19

Right, that's not going to help you because she's the next to Ken.

29:22

And that's the way. That's the way the rules are now. Until

29:26

fairly recently, you may call me talking about this before, but until fairly

29:30

recently, couldn't even do a designation a funeral representative. Now you can,

29:34

so that you could be the person to make all those decisions if if the

29:41

paperwork was done correctly, if the paper was not done correctly. All right,

29:45

Well, now that doesn't mean that she's going to have control of the

29:49

trust. It just means that she'll have control over the burial decisions and if

29:55

she wants to, you know, cremate them and put them on her mantlepiece

29:59

and not putting his wife, your mom, all the rest of that,

30:02

she could do her full things like that. That's that's part of the deal.

30:06

That's the way this that's the way this stuff works. Okay, So

30:08

you definitely want to get that designation a funeral representative as part of your estate

30:14

plan, which we of course always do. You've been listening to the David

30:18

Carrier Show on David Carrier, your family's personal attorney. We get se Stessius,

30:37

You forget the wells David's working and working and taking your calls. Now

31:00

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

31:07

I'm David Carrier, your family's personal attorney. We're gonna, hey, I'm

31:11

gonna remind you to get to one of the three Secrets workshops. Well please,

31:15

These are the workshops we do every week. The Good Lard brings every

31:18

single week Tuesdays and Thursdays at a convenient location near you. And so we're

31:26

doing them up in Norton Shore's of course Muskegon area, down in Kalamazoo by

31:30

Portage by Kalamazoo, out in Holland, and of course in Grand Rapids.

31:37

So that's that's what we're doing. You know, this is a way.

31:41

We made it as easy as we possibly can. We cut the price by

31:45

more than half. It's a workshop model now as opposed to a one on

31:49

one model, so you get the same service you get. In fact,

31:52

you probably get more contact with with the law firm, with the with our

31:56

professionals than you did before. But we haven't we haven't backed off thirty four

32:02

years. We've never backed off on delivering what regular folks need. And it's

32:07

just not going to do that, you know. But but it has enabled

32:13

us to cut the costs significantly. And so if you know, if you

32:22

well, you know now that now that long term care is six hundred dollars

32:25

a day. So ten days of long term care gets you gets the job

32:29

done. And it's like, okay, what's the excuse? Now? I

32:35

have no idea, but don't make any excuses. Just come to the three

32:38

Secrets workshop. You'll enjoy it. Just go to the website Davidcarrier Law dot

32:43

com and at David Carrier Law dot com, that's where you're gonna h you

32:47

see all the sign up for the workshops and stuff. Let's see, I

32:54

think I'm on a revocable trust fund, but my brother won't give me a

32:58

copy of it. How do I go to get a copy in from my

33:02

brother? Went and asked his lawyer. They refused to give them to me.

33:07

The law requires that you receive the portions of the trust that relate to

33:13

you. So are you entitled to receive the entire trust? No, you're

33:16

not, but you are entitled to receive an accounting, an inventory, and

33:21

the portions of the trust that relate to you. So, now, if

33:25

father didn't say, I don't think just whoever it was that set this up

33:31

was disinheriting you, then you get to write you have the right to know

33:36

that you were disinherited, right, you have the right to know that.

33:40

You also have the right to know if you're if you were getting ten dollars,

33:43

see this is right, and you're getting ten dollars, right, well, then you have a right to know that you have a port. You

33:49

get the right to have the portion of the trust that relates to you.

33:52

Now, maybe there's no mention of you at all, all right, Well

33:55

it's not like with a will. See with a will, if all you

33:58

have is a will, all right, and your stuff is not in the

34:01

trust, so it's going to go through probate, and all you have is

34:05

a will, and you forgot to put one of your kids on it.

34:09

Well number one wills public anyway. But and you didn't put your kid on.

34:14

Your kids entitled to an equal share, right and what we call it

34:17

intestate share. So you better put your kids on your stuff. Otherwise you

34:22

know if you have any and if you're not sure you have any, better

34:27

exclude them. That's what I would say, as a durable power of attorney

34:30

of mother with severe dementia and sole beneficiary Can I put the property in the

34:36

new trust? Do I have to record the new trust with the recorder's office

34:39

to be on record. Well, here's the thing. You have power of

34:43

attorney over your mom, I guess is what you're saying, and she's got

34:46

severe dementia. Okay, do you have to do you have to record the

34:54

trust? Can you put the property in the trust? Well, that would

34:59

be a very typical power, you know, for you to have, would

35:04

be to you would typically be able to do this. Is it possible that

35:12

you have a power of attorney that doesn't allow you to do this? Yeah,

35:15

that's possible, not likely, but it's possible. So do you want

35:21

me going out there telling you to do stuff? If I'm not absolutely positively

35:24

you know, federal express guaranteed overnight whatever, that it's going to happen the

35:30

way I'm telling you, you would not want me to do that. Even

35:35

on the radio show for Free, you wouldn't want me to do that,

35:37

And so I'm not gonna So the answer is probably. But unless someone takes

35:45

a look at the power of attorney that you're acting under and it specifically allows

35:50

you to do that or doesn't specifically prohibit you from doing that. Depending on

35:53

how it's worded, then then yeah, you should be okay doing that.

35:59

I would think you would be. But you don't want me to guess.

36:02

Do you do? You want me to guess? I don't think you do.

36:06

What else we got? How do I hand this is wonderful? How

36:12

do I handwrite a will for my fiance? I've been with for seven years

36:15

and had two kids, so I get his belongings? Are you freaking kidding

36:20

me? The hell are you thinking? My fiance been with seven years,

36:22

two kids, but with our son past, has stage four colon cancer and

36:27

liver cancer. Owns trucks, trailers, lawnmowers, guns, tools, stuff.

36:32

House used to be in his name, but his parents try to put

36:37

me in prison by having a neighbor. What lily anyway? All right,

36:51

look the answer here. You've got You've got you've got parents who are against

36:58

you, you got kids, you got no marriage? All right? This

37:02

is not a This is not a how do I do a handwritten will?

37:07

Are you joking? I mean you might say, oh, I don't have

37:10

a lot of money. I say, well, okay, how about a

37:13

lifetime after this guy dies? How about a lifetime trying to sort this out.

37:16

How about being penniless and out on the street, how about priorities?

37:22

Okay, there are people who will help you out. If you came to a law firm and you said, hey, you know, look here's my

37:25

situation. You know, I can't pay whatever, but I can pay so

37:30

much and can you help me out? People are pretty sympathetic with that.

37:34

Lawyers are pretty sympathetic with that, you know, state planning attorneys, older

37:37

law attorneys. That's been my experience. What you don't like is people promising

37:42

you stuff and then said, oh, you didn't do it, you didn't

37:45

do it. It's like I did everything I told you I was going to do, instead of just being upfront and saying, look, I can't afford

37:51

it, but here's the situation. I mean, can you help me out?

37:53

That really goes a long way. Frankly, when you're doing this,

37:59

but don't do a handwritten will. Oh my god, what are you thinking?

38:02

What are you thinking? Here we go thirty years ago, father quick

38:08

Claim deeded fifty acres to his seven kids. Terms of joint common tenants was

38:14

put on deed. Yeah, five of the seven kids are now deceased.

38:16

Great now I got five more probate cases to open. None of them had

38:20

a will. Oh that's even better. Land is being protelled to sell on

38:23

the market. Well, surviving spouses received a deceased spouse or is it only

38:28

the spout in any adult children? Or is it only the spouses? It

38:30

depends on It depends on what other assets there were, depends if the deceed

38:35

and spouse, well, it says that they don't have any will. None

38:38

of them had a will s And you gotta wonder what this fifty acres?

38:46

You know, what is it downtown Detroit? All? Okay? Fine?

38:50

Is it downtown Grand Rappens Woo? Who knows? But anyway, the surviving

38:57

you gotta go through probate on this. That's what you gotta do. And

39:00

there's a whole thing. If you're intestinate and there's kids, are they both

39:06

are kids both of you or the kids of only one of you? And

39:08

then you know, the surviving spouse gets a certain amount, the rest gets

39:13

split. You know, here fifty acres, fifty acres could be worth ten

39:17

million dollars. It could be worth one hundred million dollars, right, it

39:21

could be worth fifty thousand dollars. We don't know any of that, okay,

39:24

And it's gonna matter to the probate because there are certain amounts that the

39:30

surviving spouse would get. But if it's more than that, more than a

39:32

certain amount, then the surviving spouse has to split it with the with the

39:39

with the kids, right with the with the surviving children. And there's different

39:44

amounts based on whether there are kids of both of you, your kids and one of you, And what if they put their interest in a trust,

39:50

which they could very easily have done. Well, they didn't because it says

39:52

they don't even have any whells, So okay, so that I guess that

39:57

didn't happen. But anyway, this is just a good example of the fact

40:00

that the unintended consequences. Okay, intend your consequences, will you please.

40:06

But I'm David Carrier, your family's personal attorney. When making decisions that affect

40:10

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

40:15

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

40:19

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

40:22

visit Davidcarrier Law dot com.