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December 15, 2024 • 40 mins
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Episode Transcript

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Speaker 1 (00:11):
He served at the Pentagon as an army jag. He
graduated from Notre Dame and has two law degrees from
Boston University and Georgetown University. He's been practicing law for
over thirty years. He's your family's personal attorney. It's time
for the David Carrier Show.

Speaker 2 (00:32):
Hello, and welcome to the David Carrier Show. I'm David Carrier,
your family's personal attorney. And you have found a place
where we talk about estate planning, elder law, real estate
and business law, also drones, and I don't know, Santa Claus,
anything else, anything else you want to talk about. I

(00:53):
was reminded during the first hour when I brought up
the drone idea. Now apparently people are seeing drones on
the on the East coast. Well maybe, you know, And
like I told our caller, I've put that at about
you know, twenty possibility. But you got to wonder, you know,

(01:16):
if the bad guys are invading us, why they put
lights on? And did the aliens consult with the FAA
before they did that? And the point is, my point
is that lots of times we see things and misinterpret them.
You know that happens here we are, we're in Christmas.

(01:36):
Christmas time, think about your own family. You know, I
always think that this is a really great time because
we do what estate planning, older law, business and all
that kind of stuff. Right, and the end of the year,
Christmas time, especially Thanksgiving and Christmas, you're thinking about family,
considering you know, relationships and all the rest of it.

(01:57):
And here's my here's my question to you. If you
think about where there are strains in your relationships, they say,
what the hell am I talking about this for? And
it's like the guy who said, well, you don't know nothing.
Alex Jones has got all the truth. Well maybe doctor
Phil has all the truth and I don't either, So okay,
again a little bit out of my wheelhouse. On the

(02:17):
other hand, I have seen an awful lot of families
and how they interact with each other in very stressful
situations when someone needs to needs long term care after
someone's died, you know, that kind of thing. So you know,
thirty five years now in a couple of weeks, and
we thirty five years at the same stand, So there

(02:40):
you go. Anyway, the point is the point is that
lots of times we operate on things that are not accurate,
but that we very strongly believe, and and we also
have evidence for our beliefs. It's not like we have

(03:02):
crazy beliefs. Right. If you think, you know that this
is difficult or that's difficult this relationship, or somebody did
something or whatever, it's not like there's no evidence for that. Okay,
you may have very good you know, there may be
documentation for it. There may be very good or satisfying

(03:24):
at least evidence for believing what you believe. So with
these drones, it's like, are there more lights in the
sky than usual? Well, think about your own life. Think
about buying a new car. Have you ever bought a
new car. I don't mean a new car, I mean
new to you car, of course you have, right, And

(03:45):
what happens as soon as you get that new vehicle, Well,
you start seeing them everywhere, okay, or you may be
just thinking about it. Or if you get a jet
ski or a bowling ball or get I don't know something,
and all of a sudden, it seems like everybody's got
that thing. Now, there aren't more of them than there
used to be. It's just that you tend to notice

(04:06):
it more. You know you've done this. I'm just saying
that this happened. Now maybe maybe all of a sudden
there really are a whole bunch more of these things
than ever were before. As possible possible, but is it
the most likely? And so I'm going to bring this back.
I'm doing the weave. I understand from Trump that this

(04:27):
is the weave when you go off in the tangent,
but you bring it back. So here I'm bringing it back.
We go out to look at you know, bring it
back to your own personal relationships. Does your brother really
hate you? Okay? Does your sister resent whatever or did
something that they did? Did they really mean it that way? Okay?

(04:48):
Consider the possibility that you're reacting to drones where yeah,
they might be drones out there. Might be I'm not
saying there isn't. How do I know. I didn't look
at it. I'm not the expert. You know, there's experts
out there apparently good good. Ask the experts. I'm an
expert on what I do that I will say, but

(05:10):
I'm not an expert on it. Go ask the experts.
But maybe right, maybe what you're seeing or what you're
experiencing whatever has another basis. Maybe there's something else going
on there all right, because you know, think about how
often you come through a situation and you look back

(05:33):
on it and you say, how could I have ignored
the warning signs? This is very typical frankly, when we're
dealing with families who with the dementia and whatnot, who
are one foot in front of the other, dealing with
things as they come up. But and then finally, at
some point it's the dam breaks, the realization comes, we

(05:58):
start fixing things, and it's like, how did we go
for so long thinking that this behavior was normal or
or that situation would get better or wasn't as bad
as it really was. Once you get that perspective on things,
you see, and what I'm saying is in the Christmas season,
this would be a good time to review those negative

(06:20):
the negative parts of that, right, the things where you
don't get along with your siblings, or you don't get
along with your or whoever it is you're not getting
along with. Maybe this is a good time, right to
kind of am I shooting at drones? Or am I
shooting at UFOs? And they're really just commercial aircraft that
have been there everywhere and I'm just noticing it, you

(06:42):
know what I mean? That's the that's the idea, don't
have such. What I'm asking you to do is experiment
with not being as sure of yourself as you typically
are with things that might go both ways. Open, be
open to the idea that there might be a different

(07:05):
way of looking at this. There's that Canadian guy wrote
the book. That doesn't narrow it down very much anyway.
The idea was always consider the possibility that someone that
you disagree with might be correct. They might know something
that you don't know. Okay. And I think, especially in

(07:25):
this time when people are planning, you know, come January
and February right long term care facilities, demand for caregivers
skyrockets because people will put up with stuff for time,
but then, you know, then they'll eventually come to the

(07:45):
realization and reinterpret what's been going on for a long time.
We've got Dean from Battle Creek. Dean, Hello, welcome to
the David Carrier Show.

Speaker 3 (07:56):
Thank you, David. I was listening to the and I
got a sale in the house that they wrote it up.
It was in a under an LLLC and they wrote
up the sales agreement to pay it to the LFC

(08:18):
instead of the trust that I wanted them to, and
they said, now, this is the way it's got to be.
So they wrote it up to the OLLC. And so
I subsequently took that checked and put it into a bank,
and the bank I had under the trust, the trust

(08:42):
and name. So am I going to be in trouble
putting that money in the bank under the the bank?
Is you got it titled in the trust?

Speaker 2 (08:59):
No, you're good to go. And here's why, because the
LLC was in the trust, right yeah, yes, yeah, okay,
so the money never came. See if you put it
in the LLC and the LLC's in the trust and
the trust and the LLC the limited liability company distributes

(09:19):
it to the trustee of the trust. Well it's still
in the trust, okay, yeah. The question, the question, the
problem arises when the money goes to the individual in
their own Now are we talking about the protection trust
like we do or another situation? Yeah? Yeah, yeah, yeah,
So you're fine, you're fine, whatever comes out of the trust.

Speaker 3 (09:43):
Got a little nervous.

Speaker 2 (09:46):
Yeah no, no, no, no, no, you did it and
they should have made it to the They should have
made it to the LLC. And that was fine. But
if you took the LLC check and you put it
into the Protection Trust account. You're still fine because the
Protection Trust owns the LLC. We would have done a
specific assignment and the general assignment's backups to what we're

(10:07):
doing here, so that would have been in the Protection Trust. Yeah,
you're good. You're good.

Speaker 3 (10:13):
Okay.

Speaker 2 (10:15):
I didn't think we get that done in this segment. Yeah,
you're welcome. Dean, thank you for thanks for calling in.
You know, that's the important that's an important part with
these trust review meetings that we do every week, the
two hours where you can come in, you can call in.
We do them every week in Grand Rapids and then
once a month in the remote offices where you can

(10:36):
go in person. But anytime you can go to any
of them if you want to dial in. But I'll
make that point because it's cold outside. You've been listening
to the Davy Carrier Show on Davy Carrier, your family's
personal attorney.

Speaker 1 (11:09):
This hour of the David Carrier Show is pro bono,
so call in now at seven seven twenty four, twenty four.
This is the David Carrier Show.

Speaker 2 (11:19):
Well, welcome back to the David Carrier Show on David
Carrier and your family's personal attorney. Now is the time
to give his call sixty one six seven seven four
twenty four twenty four. That sixty one six seven seven
four twenty four twenty four. Get a call from another client. Boy,
this is this is the show for clients. That's great.

(11:42):
And his concern was he sold from real estate, so
he set up the trust, right, and then he has
a limited liability company that has been assigned to the trust,
meaning the trust owns the LLC. And then he's selling
real estate out of the LLC and appropriately directly, with
no issues. This is the way it should have been done.

(12:03):
They give him a check to the LLC and he says,
because you remember something else we said, which was, oh,
be sure to put it in a trust account. He said,
I want it made to the trust and they said, no,
it's got to be made to the limited liability company,
all right, which is exactly the opposite of what the
title company is telling that other lady. When she sold
it from the trust, then the check should be made

(12:25):
to the trust, right, that's how it should be. And
she said no, she should be made to you personally,
which is not correct. Instead, in this case, the check
was made appropriately to the seller, which is the LLC.
Now he deposited that check in a trust account in
the trust, in the account of the trust that also
owns the LLC. So in that case there's no problem.

(12:49):
Why is there no problem because the LLC already owned
excuse me, the trust. The trust already owned the LLC right,
so it owned the money through the LLC. If you
want to own it directly, well, the LLC could very
easily have transmitted the money to the trustee of the

(13:10):
trust because there's common ownership, you know, the one owns
the other, so they could have distributed it would be
no problem. So that's why if you have an LLC
in a protection trust and the money comes into the LLC,
the check is made to the not to the individual,
but made to the LLC which is the seller of
the property, and you go ahead and put it in

(13:30):
a trust account, that's fine because all you're doing is
collapsing the transaction, which you'd have done anyway, which is
you then would have written a check from the LLC
to the trust, and that's fine. There's no problem, no
problem with that at all. Since we're talking about business,
there's a you've heard me talk about this, the Corporate

(13:52):
Transparency app. And the idea is that really as long
as America has been in America, right, you have you
can set up a company and you don't have to
tell the government who owns the company, except when you
need taxes and stuff like that. Yeah, you do. But
there's no central repository. There is no one place to

(14:15):
find out who owns you know, amalgamated widget unless they're
publicly traded or something like that. You can't you know,
people can own stuff without and you can always sue
them because they have a registered agent. Right. But the ownership,
the beneficial ownership that has been confidential, that has been

(14:36):
private so recently President to be named, to be unnamed,
and a Congress decision you know of recent origin, uh
decided no, no, no, we want all Americans to tell
us who owns all the companies, who all the beneficial
owners are. And this started last year. Most people on

(14:59):
a it that you had to report to the Financial
Security Center or whatever Finceenn. You have to report to
somebody in DC, and I'm sure they wouldn't divulge it
to anybody else.

Speaker 3 (15:11):
Ho ho.

Speaker 2 (15:13):
Who the owners of the of the company are? And
everyone's like, Oh, it's a very simple form, but there's
no good deal and you had to do it. You
have to do it by January first of next year.
So this year, in twenty twenty four, you have to report.
If you set up a new company, you have to
report who your owners are to a federal agency. Never

(15:34):
happened before, never, ever, ever, ever, never, never had to
happen before. But now you got to why because the
Europeans are doing apparently, I don't know, it's insane, It's
not totally insane. The idea is, well, if we knew
who owned everything, then we can find the bad guys better. Okay,
here's the problem with that. You see what the problem

(15:56):
with that is? Who gets to decide who the bad
guys are are? Oh, you must be on the side
of the bad guys because you don't want to disclose
your private business holdings. Right, what kind of you know?
What percent of people are the bad guys? So we're
going to make ninety nine point nine of law abiding

(16:17):
good Americans all the rest report all their personal private
financial information so that we can get zero point zero
one person. And besides, do you think the bad guys
are going to report this? Anyway. This is the this
is the I'm sorry, but I don't get it. When
we make these rules, I guess that makes them feel better.

(16:38):
Make these rules that apply to everybody, and you know,
you can think of Second Amendment type regulations. It's like,
you know, do you think the bad guys are registering
their handguns? Do you think the bad guys are following
all your rules? You know they're not. Who is this

(17:02):
aimed at? Who are the You got to ask yourself
that question, right, like, who is the law aimed at?
In this financial the reporting? It's like, well, wait a second.
The bad guys are going to lie anyway. They're not
even going to set up a corporate Why would what?
How does what? You don't think they've got twenty three

(17:23):
layers of hiding stuff that because they've got to do
it everywhere else around the world, you think they're not
going to do it here. And in the meantime, what
you're doing is you're violating the privacy, the freedom, the
liberty of most Americans. It's just anyway. The good news
on that, that's the bad news. The good news on

(17:44):
that is you don't have to do it anymore. There's
two judges now that have issued injunctions against it. Okay,
so and they've acknowledged this. Yeah, we saw the judges
said we can't do this, and so we'll hold off
for now and there won't be any there won't be
any penalties, and the penalties were pretty extreme if you
didn't if you didn't make these filings by January first.

(18:09):
Faithful listeners know that we've been banging the gun on
this one for a while and it's been in the
weekly newsletter, you know, so our business owners have been
you know, we've learned you to it, and you know
we're actually have a process set up to comply because
the alternative to compliance, right the alternative to compliance is

(18:33):
these daily fines if you don't. But right now, we've
we've been let's say, rescued exactly. But the judges there
have been a couple of judges now that are found
that it's it's overreach. You know, it's first in fourteenth
Amendment or fourth Amendment or whatever. I'm not really sure

(18:53):
about that. I got to tell you, I've heard the arguments.
I'm not sure that Congress couldn't do it if it
wanted to. I mean, I think it might be able
to But anyway, for now, we don't have to. You know,
the concern about the anxiety about it is put off
until these cases are resolved. But you know, we'll let

(19:15):
you know as as things go on. But but there's
a consequence to to this that I'm going to talk
about in the next in the next segment after the news.
If you're a small business owner, right, we've gotten because
of this because we did put it out there. We've
had a number of owners come in and going through

(19:38):
the business records, the corporate records and whatnot so that
we could file this thing. And it's shocking, shocking that
the degree to which things are not done all right,
people running companies or think they're running companies that and
I'll talk about it more when we get back, but

(20:01):
the books and records just aren't there. Operating agreements aren't
there by laws aren't there, Minutes that have to be
aren't there. There's all kinds of stuff you know, when
you're running a small business that look, you're busy running
the business. I understand that, and you don't want to,
you know, pay the lawyer to put the books together

(20:22):
because what if I probably won't need them. But with
this did. This was a big wake up call. I
didn't realize the extent to which people were not keeping
up with the books and records. But we'll talk about
that more when when we get back. In the meantime,
if you are a Red Wagon Club member or you're
one of our Life Clan members, it's next Thursday Frederick

(20:44):
Meyer Garden the Sculpture Park. You got to be there.
Call us at the office. Make sure that you're reserved uspects.
I've been listening to the David Carrier Show. I'm Daby Carrier,
your Family's personal.

Speaker 4 (20:55):
It's all the week where.

Speaker 1 (21:10):
David's got the how to you're looking for. Just call
seven seven twenty four. This is the David Carrier Show.

Speaker 2 (21:23):
Welcome back to the David Carrier Show. I'm David Carrier,
your family's personal attorney. Just to wrap up from the
last segment, give us a call. You can always give
us a call sixty one six seven seven twenty four.
We've got to call it on the line. We'll get there.
I just want to say that the Corporate Transparency Acts ETA,

(21:47):
which is totally on American terrible, horrible, but I'm not
sure how it's not constitutional. But fortunately two judges disagree
with me and said it was, and so they there's
an jus unction against it. In other words, you don't
have to suffer enormous daily fines starting January first because
you fail to report what your ownership is of your

(22:10):
corporation or LLC. But the point I did want to
make is that in preparing a number of our clients
to comply with the Corporate Transparency Act, we've discovered a significant,
significant lack of compliance with basic corporate governance. Okay, now,

(22:36):
this is not a good thing, and I know that
if our guys aren't doing it, then it's probably much
worse elsewhere. Right, But trying to pull stuff together when
you're being litigated against is you've got a high incentive
to do it. The CTA gave you a reason to
do it. And what we're finding is folks have outdated

(22:59):
lists of shareholders or beneficial interests, and many times they
didn't do it, you know, where people would set it
up on their own and then say, well, I don't
want to pay you guys to do what I've already
done it. Here are the names of my companies and
we go on that. Right. Okay, fine, you know you
tell us it works well, you know, you tell it's legit,

(23:20):
but we're finding it's not. Okay, So, if you do
have an LLC or corporation or whatever, we are going
to be doing some workshops here in the new year
on reviving them, making sure that making sure we've done
it right. We haven't done those in the past, but
we're kind of surprised and dismayed frankly at the level

(23:41):
of compliance that we've been we've been seeing that. Then
the Corporate Transparency Act was just a reason to hey,
let's take a look at this stuff. You know, you've
been filing your taxes and you've been operating with these
things and it's no, no, you know, it hasn't been
an obvious problem. But when we have an opportunity, as
we just did, actually look at it and say, hey, wait,

(24:05):
wait a second, we got some serious a lot of
serious issues here. Okay. So anyway, that's if you if
you have a corporation or an LLC, you limited partnership,
that kind of thing. We've got time from on the line.
Good morning, time, Welcome to the David Carrier Show.

Speaker 4 (24:22):
Good morning.

Speaker 2 (24:25):
So how can we help.

Speaker 4 (24:28):
My mother and father live at home? Dad's eighty four,
Moss eighty one. She's he still drives a little bit
and gets around, but Mom's taking care of him and
I'm helping Onecurity medical. I forgot which program are on
through Medicare social Security. If they had in home nurse

(24:51):
that their carrier arranged Friday and I wasn't there, but
she she had mom ready to list down of some help.
None of it mentioned the PACE program. There were different
different organizations, but at the top of the list it
said ladybird deed. And this this nurse had talked about

(25:11):
a ladybird deed with my mother kind of had or
convinced how great a ladybird deed was. And that kind
of concerned me because I've heard you, I believe, say
that lady bird deeds are a bad idea.

Speaker 2 (25:26):
Well, let me let me be clear about that. The
ladybird deed, it's a tool. It's not a plan, okay,
And all too often people say, ladybor deed. You know here,
just do the ladybird deed. But would you have to
do instead of you don't just do a ladybirded. I mean,
it's a it's a tool, and I'm very much opposed

(25:50):
to people saying, oh, all you need is a ladybirdeed.
Very much opposed to that, but we do ladybird deeds
multiple times a day because in the context of a plan,
when you think it through, are ladybird needs useful, very useful,
very useful tool? Okay, But you're exactly right when you

(26:12):
when you say ladybird needs like that's the plan. No,
it's not a plan. It's now let me ask you that.
Let me ask this. Are your parents individual income Social
Security less than twenty nine hundred dollars a month each
one for each yeah? Yes, okay? And then do they

(26:34):
have savings at this point?

Speaker 4 (26:37):
Not not very much. They own their they own their
home on forty eight months and then that's about it.
And then a very small savings account.

Speaker 2 (26:48):
Okay. And then who's paying for the who's paying for
the nurse or the long term care? Is that part
of well? Is that a rehab thing or what?

Speaker 4 (26:56):
Yeah, her insurance carr she had been on the phone
and gave her a seventy five dollars credit if she
would let them send this nerves. I guess. I don't
know that it was an actual nurse, but it was
some kind of a healthcare person come and check out
my dad. I'd been talking to my mother about getting

(27:18):
the PACE program going to help her with taking care
of my father. He's got very early dementia and she
needs a little bit of help with him at home.

Speaker 2 (27:32):
And are you in Newego County in county? Yes? Yeah?
Are your parents there as well? Or what county there?

Speaker 1 (27:40):
Yes?

Speaker 4 (27:41):
Yes?

Speaker 2 (27:41):
Yes?

Speaker 4 (27:42):
Where I live about three miles from where they live
and we're both in Noega County.

Speaker 2 (27:51):
Well, you took the words out of my mouth. I mean,
it seems seems pretty obvious that the PACE program would
be the thing, and that and what you would do,
I mean, would we use a lady bird deed in
your parents' case? Probably, we probably would, But the question
is how do you use it? And what typically happens

(28:12):
with these things? You know, you get a ladybirded that
says mom and Dad give to give to Todd, you
know when when we're gone. I mean, it's very it's
it's done like that, And that might be a good idea,
it might be a bad idea, but it's only do
you have siblings, brothers and sisters?

Speaker 4 (28:32):
I have one sister.

Speaker 2 (28:35):
Yeah, so they probably put you and your sister both
on the that's what we've seen repeatedly. Okay, And it's
not that it cannot work out, it's not that it's
always terrible, but you you have no guarantee, you have
no you're getting My view of the world is you're
getting away with it if it works. Does it work? Yeah,

(28:56):
it works most of the time. But you know, but
if your situation is one of those where it's difficult,
there's conflict, there's this, and that, there's you've got no
plan B, you know what I mean. And that's that's
what I have a big problem with because for you know, relatively,

(29:17):
you know, for it's affordable, but that way it's affordable
to do it correctly so that Dad gets the benefits
he's entitled to, you know under the PACE program right
away lifts the burden on you, lift the burden on mom,
you know. And then as part of this, would we
do a lady Probably, but we do a lady birdded

(29:39):
to a trust. And the other thing we would do
is we would probably need it to mom because mom's
the caregiver. Right Mom's the caregiver.

Speaker 4 (29:49):
But they live together and she is scared all.

Speaker 2 (29:55):
Yeah, so we would need the house to mom right,
and then we would set it up so that if
Mom were to die I first, right, then it would
be immediately protected for Dad, even though he's still on
the Medicaid. But we haven't given the house to the
kids yet. And we do it vice versa, so that
if Dad were to pass and Mom needed care, right,

(30:15):
she could sell the house have the cash proceeds from
the house. But because of the way we would set
it up, now you've got options instead of you've got
one path. You can't back off of it. You can't
change it because it's just it's blunt force, is what
it is. And there you know. So is doing a

(30:39):
lady birdee better than doing nothing? Probably? Is it as
good as actually having a real plan that takes into
account possibilities of the future nowhere near it. There's so
much good that can be done in a situation like
your folks get benefits immediately, plan for the next steps.
That's really that's really the way to end, the way

(31:01):
to go on it. I would not advise taking nursing
advice from me. Don't do that, okay, And it works
the other way.

Speaker 4 (31:12):
Too, well, Yeah, yeah, I listen you every Sunday and
you're you're pretty big on the PACE program, and I
had researched that a little and she had been against
it originally, and now she's she's kind of softening up
to the idea.

Speaker 2 (31:28):
Good, good good. You can hold on if you want,
but that music means I got to get out. But
hang on, hang on time, because all right, I'll be uh,
we'll be right there. You've been listening to the David
Carrier Show. I'm David Carrier, your Family's personal attorneys. On

(31:55):
the first day of Chris Miss my true love gave.

Speaker 1 (31:58):
To me, David's working and taking your calls now on
this seconds show.

Speaker 2 (32:06):
Wellcome back to the David Carrier Show. I'm David Carrier,
your Family's personal attorney. We're talking with Todd, whose mom
was visited by a healthcare person. God's mom is taking
care of her dad. Todd's a faithful listener, which we
love our faithful listeners, and he knows that at least

(32:27):
he's had had drilled into his head by me that
PACE is super wonderful. And it is super wonderful. But
this was not among the list of suggested avenues. But anyway,
the reason it's so great Toime is because my opinion.
Right is because it provides immediate, no cost lift for

(32:50):
your mom and for you. Right, I mean they help
out right away, and then if dad were to need
assisted living, if you were to need residential care once
once you're on PACE, thank you very much for that music.
Once you're on PACE, then PACE will pick up the
assisted living, will pick up the skill nursing if you

(33:13):
need it. So you're kind of one and done. Once
we get you on PACE, which is a medicaid program,
it's a you know, it's a your tax dollars at
work program, so it's a it's payback for what you've
paid in, but it's it can be it can be
a lifetime thing. Now, you don't want to lose the

(33:33):
house and you don't want to have what we call
a state recovery. You don't want the house to go
through probate. And the Lady Bird Detia is a component
of making sure it doesn't go through probate. Okay, it's
a transfer on death deed. When mom and dad die.
Probably the way that these things are done is it

(33:53):
would go to you and your sister, either as tenants
in common or join tenants. The problem with that is
if you and your sister get along in every day's
a sunny day and nothing bad ever happens. That's great.
But if your tenants in common, you own half the house,
she owns half the house, then something happens to her,

(34:13):
whether it's divorce, bankruptcy, lawsuit, long term care, whatever. Now
the house is all wrapped up in that, whereas if
it had been a transferred to the trust ladybirdy, ladybirded,
ladybird deeded to a trust, now you don't have to
worry about any of that. And if you sell it
and there's asbestos in the roof and the terrible stuff,

(34:37):
then you and your sister are not personally on the
hook for it, whereas if you were selling it individually
then you would be d you see. So yeah, yes,
those are those are my thoughts.

Speaker 4 (34:52):
That topic maybe came up because Mom mentioned him going
to a home eventually. If it comes to that, maybe
that's why the lady.

Speaker 2 (35:04):
Well, you know, if you have no plan in place, Todd,
if you have no plan in place, then your erethidl saying,
if you know, if all you have is a hammer,
everything looks like a nail. And if you have no
plan in place, then a ladybird deed is part of
a plan, right. I mean it may not be fully realized,

(35:26):
but it there. But it's better than doing nothing at all.
Do you see? It's just right? See See that's the
that's the problem when you talk about this stuff, is that,
well it's better nothing. Yeah, that doesn't mean it's good.
It just means that if you did nothing, it'd be awful,
it'd be terrible. Yeah, it's better than doing absolutely nothing. Yes,

(35:51):
that's accurate. But but if you're gonna do it, you know,
look like you think about your mom and dad's life, right,
and they're in their eighties now, they have the house,
they paid it off. Compare them with a lot of
other folks you know that you know of you know,
and your mom and dad and they're together and they're
caring for each other. You know, they did it right,

(36:13):
all right, look in the mirror. I mean, you're you
and your sister are you know your mom and dad's
life work. In a large extent, your mom and dad
did a good job. Okay, But you know, if Luke
Skywalker went through all the whole Star Wars and he
missed the thermal exhaust port and didn't blow up the
death star. Uh, well, I don't care about everything else

(36:38):
he did. And when you get older, I'm going to
bring this back all right, I'm gonna weave this in.
But when you're older and you got to this point
and you did all the good that you put the
work in, you did the hard stuff right, and then
you muffet at the end, that's how you get remembered.
You know, poor pathetic Tom's mom and dad boy. Too

(37:01):
bad for them, you know if they even give you
a passing review, Well, they lived a good life with them.
You know how it ended? Oh too bad? Oh, let's
screw that. Why would why would we settle for that?
You know, let's just get it done correctly. And you're

(37:22):
absolutely I mean, the PACE program is kind of tailor
made for people in your in your mom and dad situation.
That's you don't want to go to the nursing home,
you don't want to go broke. Guess what you don't
have to you know, it's that's what it's that, that's
really what it's there for you, guys. I tell you what,

(37:43):
when when you do this, when you do implement it right,
get back and get back in touch with us or
you know you can, we can help out with it
if you want. That's fine too. But you guys would
be sort of the you know, a very good, a
very good case study in why people should do the

(38:05):
PACE program. You know, there you are care for each other,
you know, doing the good things, and you need some
help because you can't do it all yourself. As a
matter of fact, well, you paid for the help. You
already paid for it. They take advantage of it.

Speaker 4 (38:23):
I told mom that she asked about costs. I think
said the carrier says that you're already covered, which meant
a lot to her there.

Speaker 2 (38:31):
Because well, they don't take your so security or anything. Yeah,
Now if you go into a residential care, then they
do take some of it, right, they will take some.
If Dad goes into a residential care facility, then they
will take some of his income. And Mom will have
about thirty five hundred bucks a month still, but you
know it's a calculated number. You got to you got

(38:52):
to get there. But for the PACE, they don't. They
don't touch your income. They just provide the services because
you're already paid services.

Speaker 4 (39:02):
Do they help with that transition if it comes to
that pace As far as yes, Okay, that's a big deal.

Speaker 2 (39:10):
Yeah, oh yeah, it's personal hygiene. It's you know, lighthouse
keeping during the COVID. During the COVID they even did
grocery shopping for folks. Well, it's like basically, whatever you
need to stay at home, that's what PACE is gonna
work to do. If you're safe at home, they're going
to work to keep you at home. And it's all
your pharmacy. It's your supplies, that's your durable medical. Look,

(39:32):
you need a hospital bed here, you go, need a
wheelchair there? It is lawyer lift got five of those
in the back room, you know. I mean, it's everything
you need to stay at home if you're safe at home.
If you're not safe at home and you have to
go to residential care, okay, then you have to. But
that's about five percent according to the national pace. That's
only about five percent on twenty versus about seventy percent

(39:56):
national that's due to health where you see see five
different because the time. But okay, okay, give us a shout.
All right, thank you, Tom Mary will.

Speaker 4 (40:07):
I Will thanks very much, sir.

Speaker 2 (40:10):
You've been listening to the David Carrier Show. I'm David Carrier.

Speaker 1 (40:14):
Your family, personal, A lively discussion addressing your question. You've
been listening to the David Carrier Show, A lively discussion
addressing your questions and concerns, but not legal advice. There
is a big difference, so when making decisions that affect

(40:36):
your family, your property, or yourself, the best advice is
to seek good advice specific to your unique needs. If
you missed any of today's show, or would like additional
information about the law offices and David Carrier, please visit
Davidcarrier Law dot com.
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