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January 12, 2025 • 40 mins
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Speaker 1 (00:13):
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 (00:33):
Hello, and welcome to the David Carrier Show. I'm David Carrier,
your family's personal attorney. You have found a place where
we talk retirement law. That's right, retirement law, estate planning,
of business law, and real estate. So what is this
retirement law stuff all about. Well, here's the deal. Estate
planning is the part of law right that deals with

(00:55):
your estate, not your state is. Oh oh, by the way,
if you have a question, comment, or concern about any
of this, just give us a shout. Six one six
seven seven four twenty four twenty four. That's sixty one
six seven seven four twenty four twenty four. If you
want to know what's really going on, then go over

(01:15):
to the website David Kerryer Law dot com. Come to
one of our free workshops. Three secrets. What are the
three secrets of retirement law? Well, we'll tell you at
the at the workshop they're not really secret. You know,
if you if you've been listening to me for any
period of time, nothing gonna be that big a surprise.
But at the workshop, we kind of bring it all together, right,

(01:37):
make it actionable. You know. It's one thing to read
a fortune cookie and say, ooh, good advice. You know,
have you ever done that? I've got a fortune cookie
and read it and say oooh good advice. But how
do you implement that fortune cookie advice? Huh? Just a
fortune cookie? Then help you? That's what the Three Secrets
Workshop is about. How do we take this stuff that
you kind of sort of heard from me from whoever,

(02:00):
you know, brother in law, neighbor, over the backyard fence, whatever.
How do you make it real? How do you make
it actual? How do you take advantage of what's really
going on? Okay, well, that's what the workshop is about.
The way that we call it a workshop because you
get some work done there, and that's the that's the
point anyway. Six one, six, seven, seven, four, twenty four

(02:22):
to twenty four Go to the website David Carrier Law,
you know, Squish that All Together dot com and sign
up for a life plan workshop A three Secrets workshop,
as we say, we've changed it now. You know we've
been saying estate planning and law. Well, you know, estate
planning is that dead stuff, right, it's the leftovers when
you're gone where who gets your stuff? You know, give me,

(02:44):
give me, give me. That's what estate planning is all about. Right,
And usually people leave a mess. It's terrible. You know,
you wish you didn't do it that way, but you did.
You know where it's probate, kids fighting, what have you.
So it's not unimportant. It's important, you know, to make
sure that you don't go out with a squish. Right.
You'd like people to say, you know, you've built up

(03:09):
a life over a period of time. You know you
would you would like to go out on a high note, right,
not with people, you know, feeling pitifully sorry for that
that sad sack over there, right, because there was such
a mask and now the kids are all fighting. You
don't want that, No, I would suggest that you don't
want that. Probably not a good thing. Okay, So that's
the state plan. Let's let's get that, let's get that handled.

(03:33):
But we've always been calling this stuff elder law, elder law. Well,
who the hell's elderly anyway. I don't know about you,
but whenever I read a newspaper article or something and
it says, oh, an elderly man, and then then they
give the age right and they're younger than I am.
Oh terrible. So forget that elderly stuff. It's retirement law,

(03:57):
is what it is. Because, after all, who aspires to
be elderly? Is that your idea? Oh? Boy, can't wait
to be elderly, can't wait for that? That'll be great.
Forget about it. Who wants to retire? Ah, there's something different.
And here's the thing. In order to retire, you've got
to have security. You've got to have stability, you've got
to have certain things set up in such a way

(04:19):
that retirement is a reality. And most people don't do that.
Holding myself security the mean for one came my pension. Yeah,
but there's a whole other aspect of that, and that's
why we're calling it retirement law. So retirement law is
the part you're still live, right, you're retired, you're not
dead yet, still doing well, buying good. Great, Let's figure

(04:40):
out how to maintain that. Let's figure out how to
keep that going. And you know, don't tell anybody, but
it's really elder law. It's just you know, we were
talking about it, and actually, this is one of those things.
Don't you hate it when someone else comes up with
a great idea, right, and you think one, I think
of that. Well, I'm having a conversation with the buddy

(05:03):
of mine, another returning partner in another state and uh,
not a law partner, but in some other stuff and uh,
and he's like, well, you know, we keep calling an
elder law and everybody hates that, right, everybody. I hate
it too. It sounded bad, like, oh, I can't wait
to be elderly? You kidding me? Who wants that? Nobody?

(05:26):
And we're just brainstorming a little. But he goes, look,
why don't we just call it retirement law? Because number one,
you know, just from a crass you know, you're not
telling people think they don't want you know, Oh, you're
gonna be elderly and here's the law for you. Oh
thank you you give Why don't you give me some

(05:47):
ground up carrots with that? That'd be that's wonderful. Love it.
And some prescription drugs too, how about who wants that?
But retirement, on the other hand, that's a different that's
a different story. That's a different story. You know, it's
the second chapter of your life, third chapter. Maybe I
don't know how you square that circle. But anyway, the

(06:07):
idea is that there's this whole thing out there, this
whole retirement thing where maybe you got grandkids, maybe you
got hobbies, maybe you got other things that you're interested
and engaged in. And the Red Wagon Club, which I've
been talking about as well, is a way to really
enrich that retirement. That's the key, you see. It's like, Okay,
I don't have to go to work every day. Hey, good,

(06:29):
good stuff. Hey now I get to stare at the
TV for twenty three hours a day. Oooh, that's bad stuff.
What if you stayed engaged, What if you stayed active?
What if you stayed you know, making things happen? Well,
that's what retirement law was about, is enabling you to
do that and not become impoverished. Now, I don't have
any magic money hat, you know what I mean? Magical

(06:52):
have pull a rabbit out of my hat, you know,
pull of money. I don't have that. I'm not an
investment guy. How all though I know about that standard
and poors five hundred index mutual funds. That's about That's
about the limit of my financial expertise. I got to tie.
But what I do know about is how not to
throw the money out the window when you need long
term care, you know, and how to pass it on

(07:14):
to the kids without paying the enormous probate toll at
the toll booth there. You know, how do you make
sure that that all happens, and then how do you
secure it for that future generation. That's what we're calling
a retirement law. That's what this is all about, right,
It's making sure that the retirement that you worked for
is the retirement that you actually get. And how do

(07:35):
we do that. Well, we make sure that you don't
waste your money. You know, you paid all these years
into Social Security. You know that there are people who
have work for pensions, everything else. One of the things
we always do with a probate case. One of the
things we do is we go back through the last
couple of employers and we keep turning up pensions pensions

(07:58):
that people didn't call. Can you imagine that, You know,
people didn't clean the pensine, but there it is, and
you know, people hang on to therefore one k and
what have you? Iras and stuff, and they don't spend it,
right because people don't want to spend it. I get that,
But that's all because you're saving money for the rainy day,

(08:19):
and then you die before the rainy day shows up,
and the kids are like, we free money, sure, you know,
let's blow it. And which is what happens. What if
you did it a little differently? What if you knew
that the big expenses of your life you covered. Everybody
knows the last few years of life most expensive. Why
because that's when ninety sixty eight percent. I don't know.

(08:42):
I've seen all kinds of statistics about how much of
your healthcare, you know, get scrunched into the last few
years of life. Well, what if you didn't pay for
that out of savings? What if you took advantage of
your Social Security, your Medicare, your medicaid. What if you
took advantage of the things you've already paid for throughout
your work in life, with your retirement life, frankly, with

(09:04):
your tax dollars. What if you took advantage of that?
What if you didn't get ripped off on the way
out the door? That's what retirement law is about retirement
law is all about maximizing your retirement, planning for your retirement. Right,
and I'm not talking investments. We don't do that. All
we do whatever you invested it in, God bless you. Right,
whatever you invested it in, we make sure that you

(09:26):
don't throw it out the window. We make sure that
you don't do stupid stuff. Right by recognizing the reality
of the thing. What does it take to live? What
does it take to die? What about the next steps?
All retirement law, That's that's the real key. So when
you hear me say retirement law, and I'm not saying
that E word anymore. Well, now you know why you're

(09:49):
listening to the David Carrier Show. I'm David Carrier, your
family's personal attorney, inviting you to a three secrets workshop.
Just go to the website Davidcarrier Law dot com. Sign up.
We'll see there say.

Speaker 1 (10:25):
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 3 (10:36):
Welcome back to the David Carrier Show on David Carrier.
You're a returnament lost specialist who said I was a specialist.
I did because I just made up for the whole
retirement law thing. So you become a specialist if you
decide what the whole thing's all about.

Speaker 2 (10:51):
Right. So anyway, that's a great thing about being a lawyer,
you know what I mean. One of the great things,
many many, many, many great things about being a lawyer,
and one of them is you get to make up
your own specialties, which is but it makes sense right
if you if you cluster together all the things that
we do. It's for people planning for retirement, people in retirement, right,

(11:12):
That's what it's. That's why we call it retirement. Looks
why not? Just makes it just makes sense. Anyway. I'm
just listening to one of those ads, you know, they
have all the drug ads, and they're like it's this
is an injection into your eyeball that they're selling, right,
and it's like don't use it if your eye pressure
is high or something like this. I'm like, what, how

(11:34):
the hell would I know that I've had I've incidentally had,
you know, eyeball injection several years ago for things, and
it's like it ain't fun, and how the hell, how
the heck would you know you know, what are you
gonna do? Oh, let me test that eye pressure before
I inject myself in the eyeball. It ain't good advice.

(11:56):
Well news you can use. Here's some advice you can
actually use. Don't inject yourself if you're allergic to the
ingredients of this drug. It's like, isn't that more good
advice for you? Oh? Well, how the heck do I know?
I don't even know what the ingredients of the drug are,
you know whatever. It's like all this kind of expertise,
you know what I mean, you can't use it, And

(12:19):
don't you get the sense that we're the experts. Who
are the experts? You know, California is burning down, Sunset
Strip burning down. You know, mansions on the Pacific Coast
Highway burning down. Right, They couldn't tell. I mean, you know,
you drive around here, right, you see a lot of

(12:42):
down trees and everything else. But you know, it's Michigan.
We're in a temperate zone. There's a lot of water.
They're on the edge of the desert, and between the
desert and the Pacific, there's not a lot of water
out there, and whatever water they get they throw right
back into the Pacific. To save the you know, the
fish or whatever the heck is, whatever reason as they do.
Oh incidentally, do you remember back in the day they

(13:03):
stopped this whole big dam because of the snail darterer,
this this little fish. It turns out they were lying
about the fish the whole time. They were just lying
about it. The naturalists, the biologists who said, oh, this
is a special species of fish, we got to stop this,
you know, big damn project. Well they didn't like the
damn project, the damn project. They didn't like it anyway,

(13:26):
so they they lied and said that this fish was
a different fish. It's all over the place common fish.
But they called it something else sudden that just came
out this week. It's like, what, yeah, doesn't They have
a picture of a firefighter right from California, right, and

(13:50):
it's this large person. Okay, being fat myself, I can
say this was a large person, okay who obviously, you know,
maybe good at picking up the dinner pail, but you know,
I don't know what else. And and she said, well,
you know, I get questions sometimes about whether or not

(14:11):
I could carry your husband out of the out of
the burning building. And my answer is, well, if he's
in a burning building. He shouldn't have been there in
the first place. What what you get a firefighter, right,
who's supposed to put out the fire? I guess whatever.

(14:31):
Maybe that person drives the truck. I don't know what
happened to running into the burning building and saving people.
You know, firefighter is one of the worst, most difficult
jobs there is. Have you ever talked to a firefighter?
You should do it. It'd be interesting for you, you know,
because these guys got to go from sitting around eating chili,

(14:52):
playing cards whatever, slide down the pole, and now they
have to they have to perform at the level of
an olymp a athlete for a relatively short period of
time a few hours. Right, But they're running upstairs. Imagine
you get the tank, you got the mask, you get
all this stuff on, right, and you're running upstairs to

(15:13):
pick up people, not a whole not all of whom
are particularly light, and run downstairs with them. Right, that's
what you're doing. And now you have this high ranking
person in the you know, who obviously would have a
very difficult time doing any of that. You know, you
just look at this person. It's pretty obvious. It's on
the video. I mean find it. You should take a look.

(15:34):
Don't don't take my word for it. You know this
large person who say, you know who's saying wha. Well,
when they say can I do this? I say, well,
you shouldn't be in that situation. What you're supposed to
help out in those situations? Anyway? My point is, My
point is you think things are supposed to work a

(16:00):
certain way. You would think that in California, right on
the desert where things burn. Every year they burn. The
only question is how much. And they leave all the
dead trees and everything else because it's better for who
knows what it's better for. I guess it's better for
something snails. Maybe I don't know. I don't know. You know,

(16:22):
around here you see a lot of down trees, and
you know we're not cleaning up our for We don't
have European forests, you know, where they clean everything up
all the time. Okay, it's different around here, but at
least here we got a lot of rain, we got
a lot of snow. It stays wet and the stuff
rocks away out there. It just dries out. It just
like it just dries out. You know, have you ever

(16:43):
been to California. Go you should drive around a little bit. Well,
now it's all smoking and who cares. But I mean
I remember back in the day, you know, a few
years ago, going out there thinking what if any of
this stuff catches up? But what's gonna stop it? It's
all desert, you know, it's all hot and dry and
all that, and where's the government? The government cut the
budget for the fire people, and they cut it like

(17:06):
eighteen million dollars, right, and they wanted another fifty They
wanted to cut out another fifty and they got one
of these reservoirs. Right, You have to go back. I
think it's like seventeen years, sixteen seventeen years to find
out when there was water in the damn thing because
there was a leak or something. They haven't filled it in,
you know, over a decade. It's and my point is,

(17:31):
my point is you got to look out for yourself.
If you're thinking, oh, the government will just take care
of stuff, think again, Think again. The government is not.
The government's got its own agenda. Right, Well, we need
to have big fat people in the fire department because
big fat people are whatever whatever, Okay, so discriminating whatever

(17:54):
it is, don't. I don't know why I have big
fat people, you know, who are supposed to be the
people who run upstairs and rescue you saying no, I'm
obviously I'm not going to do that. You can tell
by looking at me I'm not about to They didn't
say that, but that's the implication, right, you should watch
the video yourself. Be instructive, but just denying responsibility. And

(18:16):
you see it, And in my little corner of the universe,
you see that too, the whole retirement lawn thing. You
see it where you know there's no plan. It's like, well,
what if this happens? Oh well, you know, well you
shouldn't be in that situation. Well, what if my kids
getting divorced and I die and then all the money
goes over there or goes to a bankruptcy or goes
to this or that or whatever student loans or something

(18:39):
instead of being protected for the kid. What if that
bad thing? What if I need long term care? What
if my spouse needs And the answer is same as
this person, Well you shouldn't be in that situation. It's like,
what are you kidding me? I mean, this is how
the world works, with all kinds of stuff. That you

(19:01):
didn't expect, you hope wouldn't happen, and all the rest
of that. And when you're planning ahead, like if you're
a fire department, you're a fire department, maybe you should
plan ahead for fires, like with water and people who
can pull people out of burning buildings and stuff like that.
I mean, spider Man doesn't always show up. Okay, maybe

(19:21):
you should do that. Are there implications for you as
you're retiring? Are there things that happen to older people?
Are there? Are there certain things that you can predict
will happen? You know? You know, I got one part
of the government says it's seventy percent of folks at

(19:41):
age sixty five, you have a seventy percent shot of
wine now up in long term care three years three
years of what they say skilled nursing care, you know,
and twenty percent five years or more. And that's not
all nursing home. I keep saying that, it's true. It's
not all nursing home or whatever at home care the
rest of it, but traditional ways of providing that care
are gone. So now eight things is moving up. You

(20:04):
can ignore it. Oh, you better not be in that situation?
What what you better not get the dementia. Eat an
apple every day so that doesn't I don't know what
people are thinking. You've been listening to the David Carrier Show.
I'm David Carrier, your family's retirement laws specialists.

Speaker 4 (20:25):
I could be handy mending a fuse when your lights
have gone. You can get to sweat to buy the
fireside some day mornings, go for a ride, doing the
god and digging the weeds.

Speaker 2 (20:42):
Do good? Ask for more.

Speaker 4 (20:45):
When you still need.

Speaker 2 (20:46):
Me, try to see my way?

Speaker 4 (20:50):
Do I have to keep on talking to my hand on?

Speaker 2 (20:55):
What is it in your way? Runner? Riscud'ly.

Speaker 1 (20:59):
David's got the how too you're looking for Just call
seven seven twenty four twenty four. This is the David
Carrier Show.

Speaker 2 (21:09):
Well, welcome back to the David Carrier Show. On David
Carrier you are returnament law specialist. We also deal with
the state, business law and real estate. So any questions
about any of that kind of stuff, right, So, if
you're a retiree, want to be your retiree, you know
a retiree or anything associated with that, give us a
call six one six seven seven four twenty four twenty four.

(21:32):
That's six one six seven seven four, twenty four, twenty four,
go to the website Davidcarrier Law dot com. Because at
the website Davidcarrier law dot com that's where you'll find
the Three Secrets Workshop. This is how you get controlled.
This is how you say, oh, everything's fine, Yeah, everything's
great until it is. Huh. Maybe, like the rest of

(21:56):
your life, you should plan ahead for the retirement aspects
of it, you know, because there are some unique challenges
and that's what retirement law is all about. So six one, six, seven,
seven four twenty four, twenty four, if you've got a
question coming or concern, you know, they caught some guy
out there in La. You know, in La it's burning.

(22:17):
I mean, that's you're wondering. I mean, right now, it's
on fire, thousands of acres, a whole bunch of people,
A dozen people did and so these uh so here's
here's what's going on. Once the fire gets there, they evacuate,
except for the looters who then move in and empty
your house of your stuff. Okay, so you've got some

(22:38):
people apparently out there who are going around setting fires,
like all these fires have been arson. They're all arson
fires apparently because they've been those storms there's nothing happened
right to cause this from a meteorological you know, from
a weather standpoint, right, So they're speculating now that all
these fires were set. Okay, fine, that's what's that's what's happening.

(23:02):
Not that it's gonna help you to catch who did it,
because what are you gonna do? They can't rebuild everything.
So anyway, these neighbors found this character who has had
a blow torch, had a propane torch and was going
around with it, you know, gonna you know, apparently there's
I'm setting some fires. So they're like, you know, then
they sat on him until the cops showed up, and

(23:25):
what do you suppose they did? What I suppose they did.
According to the report, they let him go. He's walking
around with a propane torch in the neighborhood, right, And
the cops didn't say so I get the I guess
they get that no bail thing out there, right, you know,
personal they let him go. I don't know if they

(23:46):
give him back his torch, but apparently they. I mean, so,
when you're counting on the system to protect you, right,
maybe maybe a little self help is in order. Maybe
a little think about it. Myself. Just just a thought,
just a thought. If you want to enjoy your retirement,
maybe a little bit of involvement is going to be required. Anyway,

(24:09):
How do I just Hey, here's a good way. Here's
an email. How do I respond to a demand letter
for my mom with dementia and Alzheimer's. Mom's got dementia
and Alzheimer's. See the demand letter for expenses for mom's
long term care? Not unusual? Okay? I forwarded previous letters
to social services. Medicaid, Yeah, good luck for that. Medicaid
has been in contact with facility and provided information that

(24:30):
needed to be submitted for payment. Well no, they didn't, actually,
you know, provided information that needed to I guess they requested,
is what they mean? Requested information that needed to be submitted. Well,
how the heck does a facility know? All right, the
facility doesn't know. They would come to the family and say, hey, family,
tell us about the finances here. Because if you don't qualify,

(24:53):
if you do not qualify for the Medicaid, you're not
getting it. You know, if you don't qualify for Social Security,
you're not getting it. If you don't qualify for Medicare,
you're not getting it right, Think about we're January right now, Okay,
mid January, and I know, taxes the whole give the

(25:16):
money to the government, right, taxes are starting to starting
to think about that maybe or maybe you're gonna put
it off the April fourteenth, I don't know, but you know,
you start thinking about how difficult it is to give
money to the government. Think about that. The government does
not make it easy for you to give them money.
They have all kinds of forms. You got to fill

(25:36):
out all kinds of information that they want, and they'll
double check your information, they'll audit you, they'll do all
kinds of stuff right to make sure you give them
the right information as you were giving them the money.
You with me in this, it's difficult to give money
to the government get all these forms and stuff. Of course,

(25:57):
they want to make sure you're giving them all your money,
so anyway, but the point is, if they make it
that difficult and they require all this information for you
to give them money, give them money, how much more
difficult do you think it is to get anything out
of them?

Speaker 1 (26:15):
Now?

Speaker 2 (26:15):
If you've dealt with Social Security, if you've dealt with
Medicare right, Medicaid right, you know, it's not particularly easy.
So when this person says, well, jeepers, you know, they
gave me a bill and I gave it to the government,
What the heck? Why aren't they paying? That's kind of
the thing. The facility representative promised to complete contract and
submit it for payment. Facility did not submit the contract

(26:36):
and time ran out. Shock, What a shock? You know
who does these things at the long term care facilities?
Typically it's the social workers. The social workers, the people
who are there to care for your loved one, are
the people who are responsible for filling out the financial
paperwork with information they don't even know because they have
no access to it. Your mom's got dementia and Alzheimer's

(27:00):
you going to answer the financial questions? How's the social
worker supposed to investigate that? And think about it like this?
Imagine you chose to go into social work as a profession,
as your career, as your job, is your whatever you
want to call it. You work as a social worker, right,
that's what you wanted to do. Well, what does social

(27:23):
work anyway? I mean, it's being nice to people, it's
figuring stuff out right, supportive care. Do you think that
anybody goes to social work school to figure out how
to fill out government forms. Really, really, those are the
people that you want. Those are the people you think
are going to fill out these forms in what world?

(27:44):
I mean, how does that make any sense at all?
But that's the way it is, because I guess there's
no one else to do it anyway. So they did
not submit the applications a contract here, but I'm assuming
it's Medicaid application. Did not submit in time, time right out? Okay,
Now they're not going paid by the Medicaid demand letter
states facility espressly blah blah blah. My mom has no money,

(28:07):
I can't afford an attorney. I don't even have copies
of the enrollment for them or cannot find them. The
attempt has made numerous times to resolve unmet need with Medicaid. Yeah,
unmet medical need. That's a technical term. That's what you
gotta have. The unmet medical need with the Medicaid need
help fast. I've reached out to a few nonprofits. No
one has responded. No big surprise, demands you January fifteenth,

(28:29):
blah blah. Here's the thing here, right, this is what
I'm talking about. You've got to take control and even
when you do like those guys who find the arsonist
and the cops let them go again. Uh go figure
that one out, which, of course may be fake news.
So much of the stuff is fake anyway. You see,

(28:50):
I don't even know if that big fat person who
says if you're caught in a fire and I can't
rescue you, too bad for you. I don't even know
if that's real. Who knows, you know, Carl was Ai
Now anyway, the point is this is somebody you know
from the heart. And this is the sort of thing
that you see quite a bit of where someone goes
into a facility. They got no money, they're expecting that

(29:10):
somehow are the Medicaid is just gonna pay for it.
Medicaid is not gonna just gonna pay for it. You've
got to qualify, right, You've got to give them all
this information like everything else you deal with the government
on right, they won't even take your money without all
the paperwork. They're not gonna give you anything, any benefits
without all the paperwork. And what happens when there is
no paperwork, Well that's when mom gets sued. Right, Oh,

(29:33):
the house is protected. The house is protected. Her mom
gets sued because sonny boy didn't fill out the paperwork.
Because the facility doesn't know the answers to the questions,
which you can't blame them. Then what do they do.
They say to Mom, Hey, mom, and mom's got Alzheimer's.
She can't answer anyone. So they do the research and
they find, oh, mom's got a house. Okay, we're gonna

(29:54):
sue mom because we didn't get paid. Right, man, Mom's
not on the Medicaid and it's not our responsibility to
get her on the medicand it's the family's responsibility get
her on the medican Now we're gonna assume mom, and
we're gonna get our house and we're gonna sell the
house and we're gonna get paid. Oh and by the way,
Mom doesn't have an exempt house anymore. Now Mom has money,

(30:15):
so now we're gonna get paid until the money's all gone.
And what do you think happens when the money's all gone?
This happens again. Okay, pass the buck, passed the buck,
and who gets the Who's gonna fill out the application?
And then that's why long term care facility typically that
huge bad debt write offs because they can't ever get
paid for any of this. It's a bad situation. The

(30:38):
only way around it is to confront the issue, right,
talk to your retirement law specialists. Dare I say, right
and make sure that this doesn't happen to you even
listening for the duty Carriers. Well, I'm duty carrier your
family's retirement law.

Speaker 4 (30:55):
Steady what she had to go?

Speaker 1 (31:14):
David's perking and working and taking your calls. Now this
is the David Carrier Show.

Speaker 5 (31:37):
Yeah, we're just gonna play this for the next ten minutes.
Because as you've known, as you should know, Notre Dame
is in the national Championship finals. So I was there
in nineteen seventy seven when they did Texas in the
Cotton Bowl. So I was kind of hoping for a rematch.
Right now, we're playing the Ohio State, you know, and
I know, you know.

Speaker 2 (31:58):
People accuse me of being political, right like I'm somehow
in favor of the people who won. But I have
to say that our Vice President to be said something
which has completely soured me on that this whole thing.
So if you were thinking, oh, the Carrier, he's he's
on the rope, so well, now I'm on your side
because you know what that guy said this Jackwagon vice

(32:20):
president elect. He's like, oh, I'm going to skip to
you inauguration towards Ohio State become national champs. Yeah, jerk,
I'm sorry forget about it. Come when you need come on,
get that guy from Minnesota. Anyway, you're listening to the
David Carrier Show. I'm David Carrier, your retirement law grand

(32:41):
poobah whatever, And this is where we figure out how
to make sure you don't go broke while you're around,
and then how you do not leave a bad taste
in the mouth of your inherent of your descendants. Really,
that's that's really what it's about. Okay, It's like, how
do you how do we make sure that you're okay?
And then how do you make sure that you know

(33:03):
that your kids don't think poorly of you when you're
onto your greater reward. That's that's really what this is about.
You know, we were talking about this letter. We got
Mom's in the nursing home not getting paid, they getting
all these demand letters, all the rest of it. Now,
there's two possibilities here, and it's not clear from the
letter exactly what's going on. It's possible that mom has

(33:24):
a house. If mom has a house, kiss that thing goodbye,
whether she's in assisted living or skilled nursing, kiss it goodbye.
It's gone see you later. There's no money. You screwed
up the medicaid application. You've got months now, judging from
the letter, you've got months of unpaid bills. Okay, they're
not going to forget about that. They're not going to
just oh, that's okay. No, they're not going to all right.

(33:48):
They're going to come after mom, which means you're going
to come after mom's house, which means that if you
were thinking, oh, I get to continue to live in
mom's house, right, maybe that's what the letter writer, You know,
the kid is, Oh, I get to live in mom's house,
and then when she dies, I get the house. At
least I won't be almost wrong wrong. They're gonna assume Mom,
they're gonna boot you out of the house. They're gonna
sell the house, right, and then they're gonna get paid back,

(34:11):
and then there will be cash. Presumably there'll be enough
cash to pay for a few more months before you're
right back here again. Except now there's no house. Now
there's two possibilities here. One possibility is mom is in
a skilled nursing facility. If mom is in a skilled
nursing facility, right, let's say there is no house. I'm

(34:32):
saying if there is. What if there is no and
it's not clear from the lenner, right, let's say there
is no house, absolutely zero assets. Right. Well, if you're
in a skilled nursing facility, mom can't be booted from
the skilled nursing facility unless she's being transferred to another
facility you know that can meet her needs. Well, no

(34:54):
one else is gonna take her if she's not on
the Medicaid right. See, people get this wrong idea about oh,
if you're on Medicaid, it's terrible. No, if you're on medicaid, right,
if you're on medicaid long term care, Medicaid, you're in
a perfect situation. Perfectly, you're in a nursing home. It's
not perfect, but the point is, financially speaking, in terms
of your flexibility, you're in a very strong position because

(35:18):
why because any facility, and remember practice, there maybe one
or two who don't take Medicaid, but all the fancy
places take Medicaid. Everybody takes Medicaid, all right, And you
can say, oh, yeah, what about America House, they don't
take it? Yeah, yeah, yeah, I know there's one or two. Yeah,
So you can point on a couple of examples where
they don't take it, but pretty much everybody takes it.

(35:40):
Why does everybody take it? Because nobody can afford thirteen
thousand a month, fifteen fourteen thousand a month, eighteen thousand
a month. People can't afford that, right, they go broke
pretty quick, and then they're on the Medicaid. It's just
like with your knee. Okay, you got a knee replacement.
Could you afford the knee replace? Hell no? Does that

(36:01):
mean people don't get knee replacements? Hip replacements? Does that mean?

Speaker 3 (36:05):
Is that what it is?

Speaker 2 (36:06):
No? You get it because you're paid into Medicare. There's
a government program for that. People need income. Right now,
you didn't put enough in your four to one k
in your company that promised you a pension has got
a business. Now you get a pension. Well that's okay.
We got some you know, safety net there with the
with the Social Security. You paid for it, you get it.

(36:27):
That's how this is supposed to work. You pay in
like for I don't know, fire protection or maybe water
management or maybe people not sleeping on the streets or
something like that. Maybe you paid for that with your taxes, right,
you would expect that the place wouldn't burn down. You
would expect that there'd be enough water to put out

(36:48):
fires if those happened. You'd expect that, you know, people
wouldn't be camping out on your front yard and then
starting fires and looting your house. You would expect that,
you know, if you pay in, you would get out.
You would expect that. That seems like a reasonable expectation
to me. That doesn't work when it comes to long
term care, because you pay in, and you pay in,

(37:11):
you pay in, you pay in, and then they say, well,
wait a second, you want something out. Are you broke? No,
well get broke and then come back and see us.
That's the deal with medicaid, which strikes me is like horrible,
and retirement law says it doesn't have to be that way,
and it doesn't have to be that way, all right,
thousands of examples I can give you. Give me a

(37:32):
call six one, six, seven, seven, four, twenty four to
twenty four. I'll explain exactly how it works. I have
no problem explaining exactly how it works. You know why,
I have no problem because nobody's doing it. Oh well,
if this person's doing okay, fine, you might be able
to find a couple of counter examples. All right, sure,

(37:54):
but hardly anybody's doing it. People aren't aware of it.
Why because we all like to retire. That's a good thing, right,
But nobody likes this part of it. But if you
don't take care of this part of it, and you
probably assume that it's already been done, just like there
are some people on the left coast who assume assume

(38:15):
that that the big fat person who said, hey, if
your husband's stuck in a burning building, well maybe you
shouldn't have been there in the first place. You certainly
can't expect me to go get them where in a
firefighter's uniform, you know what I mean. Unbelievable, But that's
the way it is. That I didn't make this stuff up.
I actually saw it on online. You can find it too,

(38:38):
you know, I don't know if you, I don't know
how you'd find it, but I don't know. Search for
fat firefighter refuses to do their own their job, you know,
something like that. Anyway, long story short, this can be fixed, right,
But if mom's in a skilled nursing facility, she can't
get kicked out, But the bill continue to climb. You know,
if there are no other assets, you don't really have

(38:59):
a pro They can't kick her out, right, she's got
the Alzheimer's, what have you. She's in a skilled nursing facility.
She's a patient, she's not a tenant. Different story with
different story with assisted living. Right, with the assisted living,
you're a tenant, right, they can. It's much easier to
get somebody removed from assisted living facility. So if you're

(39:21):
in memory care something like this, this is a lot
worse than if you're in a skilled nursing facility. From
your perspective, from the facilities perspective, right from the facilities perspective,
it's much more expensive to be in a skilled nursing facility.
And they're not going to get paid and the law
says they can't. They can't give you the heave ho.
So too bad for the You wonder why is it

(39:45):
so expensive at a skilled nursing facility. It's because so
much of what they do, so much of what they do,
they're not getting paid for. Well, they got to keep
the doors open. They got to keep it if you
can pay, right, they got to keep is in the
bed next year. They're not paying, Yeah, got no assets here.
I am. You can't kick me out under the law,

(40:06):
you're paying for them as well. That's the reality of
the situation. Don't let it happen to you. You've been
listening to the David Carriers Show on David Carrier your
family retirement law especially
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