Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:00):
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 (00:20):
Hello, and welcome to the David Carrier Show. I'm David Carrier,
your family's personal attorney, and you have found the place
where we talk about a state planning, older law, real
estate and business law. So give us a call. Why
don't just six one, six seven, seven four twenty four
twenty four. That's sixty one, six seven, seven four twenty
four to twenty four will get your question, comment or
(00:43):
concern on the air.
Speaker 3 (00:44):
It's just that easy.
Speaker 2 (00:47):
And well, you have to have a phone, I guess,
and punch those numbers in. What numbers you say, oh,
six one, six seven, seven four twenty four twenty four
two four two four, and that'll get you to the
to the studio and then you know, John will take
your take your name, your information, your bank account numbers,
(01:08):
your social security mother's maiden name, et cetera. Said, Now,
I'm just kidding about that part anyway and then you'll
see then you'll get right on the air.
Speaker 3 (01:15):
It's easy. Or or you could just.
Speaker 2 (01:18):
Email me David at David Carrier law dot com.
Speaker 3 (01:22):
I would love to get the emails.
Speaker 2 (01:24):
Or or you could go to the website David Carrier
Law dot com. That's David Carrier law dot com and
we'll get your you know, you know, get your information
and you'll get some information. You can ask the AI
robot there, you know, the the AI assistant. That's actually
pretty cool.
Speaker 3 (01:44):
Well, give it a try. You see if you like it.
Speaker 2 (01:46):
If you don't like it, tell me and I won't
do anything different anyway. Uh So that's those are your
Those are your options there. Now let's get back to
some of our emails. So how can we get find
our papers held by an attorney who has retired and moved?
(02:06):
Oh my goodness, we found out our attorney retired. We
were never notified that ain't right. He held our estate
planning papers.
Speaker 3 (02:14):
Whoops.
Speaker 2 (02:16):
We tried to reach out to possible places but cannot
reach him. Okay, so you're saying you did some due
diligence here, I guess. How can we locate and get
our papers so we can work with a new attorney.
Damn defino. I mean, I don't know where we went.
I guess you could get a skip tracer and that
might that might help. And here's the here's the problem
(02:40):
with this, okay, this is why you don't leave your
papers with the attorney, all right. For one, our goal
is not to hold any original documents, you know, and
no physical copies either. And here's the other thing too.
For the last several years now you've had the he's
practiced in Michigan. Have to have somebody to take over
(03:03):
the practice, so that there's so that this doesn't This
is not supposed to happen, all right, There should be
You should be able to go to the should be
able to go to Michigan Bar Association, right and find
out who his representative was. Now, I don't know if
he retired five years. It's only been the last several years,
so maybe he retired before the requirement to have a
(03:26):
receiver attorney, you know, an administrator was required, But it
is required now anyway, so this this shouldn't happen again.
But I just think it's a bad idea. I think
it's a bad idea to leave your papers with the attorney.
Now I know that there are some big law firms
and they have the vault and oh, you know, we'll
(03:46):
maintain all your originals and you get a copy and
it's actually stamped a copy. The problem with that, of course,
I mean it's it's you know, it's not a bad
marketing idea by the by the law firm doing it.
I'm a pretty good idea from from their perspective, right,
because now you've got to go back to them.
Speaker 3 (04:05):
Sure why not? You know, sure they'd like.
Speaker 2 (04:08):
It, and you know the idea of safe keeping, but
it's like, I don't have anybody who's got a real
problem safe keeping their documents. That hasn't been an issue.
And then and then of course we keep an electronic
copy of everything so that we can always go back
and print it out, and we can share that with
(04:31):
the share that with the client. So it makes things
a lot easier, it seems to me, makes things a
lot easier, and you don't have the storage issues. You know,
one of the with the twin towers, you know, back
nine to eleven, one of the problems was there were
repositories in those buildings, you know, safety people safe depositive boxes,
(04:53):
and documents and stuff. That's an untold story of the
of the of the kind of horrific consequences for an
awful lot of families because all of a sudden their
stuff was all dust. You know, it was all it
was all gone. It's really not a not a good thing.
But that's so, like I say, if it was recent,
(05:16):
there should be a representative, there should be somebody you know,
to at the bar, to the Michigan Bar Association to
tell you, you know, who'd be managing that. And it's just
improper that they would have original documents and not not
give them. I mean, there's a whole record retention policy.
(05:36):
We recite that in our fear agreement. You know that
every five years we can give you thirty days to
come pick up your stuff, you know, but we've got
to give you a thirty days notice right two before
we before we shredded or deleted or something. But you know,
with the electronics and stuff, why would you ever delete anything?
Doesn't make any to my opinion, My opinion, doesn't make
(05:58):
any sense. So we just don't delete anything. We just
we just keep our copies, our electronic copies for you
and if you ever want them, boom, there they are.
Let's say, can a home owned in joint tenancy by
siblings passed to a siblings spouse upon death.
Speaker 3 (06:14):
Oh, that's a good question.
Speaker 2 (06:16):
My sister and I. Oh and by the way, if
you want your question answered six one, six, seven, seven
four twenty four, twenty four, we both agreed that if
we ever, if we shall ever pass away. Woo is
that optimistic or delusional? If I ever pass away? Yeah,
see that's a that's a good question anyway, Uh, the
(06:38):
home will pass to the survivor. So when we needed
the home to us, it's stated the property is conveyed
to the grantees as joint tenants with the rights of survivorship.
That's very important, but not as tenants in common. The
ownership is held as joint tenants with unequal shares, with
each grantees' ownership addressed as stated above, as joint tenants
with rights the survivorship. On the death of any grantee,
(06:59):
the surviving grantees to automatically immediately acquire the deceased grantee's
entire interest in the property by operational law, not necessary
of probate or other legal formalities. Well, gee, what do
you think that means that looks pretty clear to me.
The interest of the deceased grant this is all in
the deed. Apparently, the interest of the deceased grantee shall
(07:20):
survive itself, vest in the surviving grantees free from many claims, encumberances,
or deaths of the deceased grantees of state in proportion
in their respective ownership interest, and the surviving grantees to
hold title to the property in its entirety. Okay, well
does that Does that sound like it would go to
your spouse on death?
Speaker 3 (07:40):
Not to me, it doesn't.
Speaker 2 (07:42):
Anyway, we would like to confirm confirm, considering the deed's language.
If my sister passes, will the home surely pass to me?
Or can a loophole allow it to pass to her
husband somehow? So I think that's I think that's you
said the same thing like several times. All you had
(08:02):
to say was joint tenants with rights of survivorship. Boom,
and you're done.
Speaker 3 (08:07):
Now.
Speaker 2 (08:08):
It's very different if they had said joint tenants. Okay,
if you receive the property as joint tenants and either
one of the tenants does something that is inconsistent with
the joint tenancy. For example, deeds the interest to a
trust right. So if you're just playing old joint tenants
with somebody and you deed your interest to your spouse
(08:30):
or to your trust or something like that, that will
break the joint tenancy. And now you'll be tenants in common.
In other words, you will each own whatever percentage it
is of the property. So if there's three of you,
you own a third. If it's fifty to fifty, then
fifty you know, two of you in fifty to fifty.
So there is a way when it's a joint tenancy
(08:52):
to break the joint tenancy. But this holy cal talk
about you know, getting paid by the word. It says it.
It gives an example. Right, it says, immediately acquire without probate,
on and on and on, automatically interested in itself.
Speaker 3 (09:11):
Vesta is free from any claims, encumbrances, or debts.
Speaker 2 (09:14):
So you know, like I say, all you had to
do was say joint tenancy with rights or survivorship. You
didn't have to go in whoever drafted didn't have to
go into all the rest of this stuff. But certainly
it would, it would definitely, I mean, I haven't seen
one like this maybe because it's so it's so you know,
(09:39):
outright and so outrageously you know, thorough there. Now, this
is not legal advice you get into radio show right
still in all, I don't see how anyone get around this. No,
so I think, you know, will the Holmes surely passed
the me or kine loophole allowed to pass to her
husband somehow?
Speaker 3 (09:57):
Well, I don't know.
Speaker 2 (09:58):
I mean, you could imagine a situation, but you would
have to have done something right. You would have to say, oh,
I give my interest to my spouse to my sister's spouse,
or you'd have to do something Okay, I mean, is
it possible for you to encumber your interest to the property.
Speaker 3 (10:15):
Yeah, that's possible.
Speaker 2 (10:17):
But if this is all there is, this is what
we've got, gosh, it seems it seems pretty tough to uh,
you know, it seems pretty tough to get around it.
And I mean it seems pretty clear what it is.
Speaker 3 (10:30):
In any event.
Speaker 2 (10:32):
If it says joint tendancy with rights of survivorship, Okay,
it says joint tendency with rights of survivorship, then you
cannot convey that to anybody who's not on the deed
as a joint tenant with rights of survivorship without everybody
on the deed conveying it. There was just a recent
case on this one which changed what we understood the
(10:52):
possibilities to be. But in any event, yeah, I don't
I don't think there's any Uh. I don't think you
have to worry about your brother in law here would
I would doubt that You've been listening to the David
Carrier Show. I'm David Carrier, your family's personal attorney.
Speaker 1 (11:08):
This hour of the David Carrier Show is pro bono,
so call in now at seven seven four twenty four
twenty four. This is the David Carrier Show.
Speaker 2 (11:19):
Hey, hey, hey, welcome back to the David Carrier Show.
I'm David Carrier, your family's personal attorney, which means you're
supposed to call me at six one six seven seven
four twenty four twenty four at six one six seven
seven four twenty four twenty four to get your question,
comment or concern on the air. And if you don't
have a question, comment or concern, make one up.
Speaker 3 (11:41):
Come on.
Speaker 2 (11:41):
I'm lonely anyway, or you could go to the website
Davidcarrier Law dot com and on the website David Carrier
Law dot com. You can talk, you can engage with
our AI assistant, which is, you know the problem with
a lot of the these AI things is they hallucinate,
(12:02):
They just make stuff up.
Speaker 3 (12:04):
More attorneys.
Speaker 2 (12:06):
There was a there was a judge gut all into
all kinds of trouble because they issued an opinion that
was based on the AI. Their clerks, I guess had
done the AI and nobody actually checked the cases, which
is what the attorneys are doing. Some attorneys are doing
and oh my god, how embarrassing. Right, And they just
hallucinate stuff, they just make they just make stuff up.
Speaker 3 (12:29):
The AI does.
Speaker 2 (12:30):
So in order to fight that, what we do with
our EI assistant is we we limit it wouldn't limit
what it can look at, mostly to the stuff that
is on our website, mostly to the stuff that we've
already done. That doesn't make it reliable because you can't
trust the AI. All right, it'll go off and sneak
in stuff. But in any event, uh, and you never
(12:53):
should rely on that anyway. But but it is useful,
it is, it is pretty useful. And there's and every week,
you know, we're updating it, and there's more and more
things that it can do for you, to make it easy,
for example, to come to come to one of our workshops,
which you should be definitely doing.
Speaker 3 (13:13):
You'll hate coming to the workshop. You hate it. You
don't want to do it. I get it, to get it,
you don't want to do it.
Speaker 2 (13:18):
But but it'll be the best ninety minutes you ever spent,
well except for your honeymoon, but anyway, besides that, it'll
be a very good ninety minutes, you know, to start
getting things squared around, and week after week after week.
You know, I've been at this now here for thirty
five years, and so as you may suspect, we've got
(13:39):
and we've got tens of thousands of clients, so you know,
every week is more people who are actually whether it's
after a death or a disability or dementia or something
like that, where you're seeing the actual benefits of doing
this method. You know, thirty five years ago, when I
first started doing this, and it wasn't what everybody else
was doing, it was like, oh, you know, it makes
(14:01):
use those smart idiot you know, why are you doing
it like this? And it's like, well, because it doesn't
the way that it was being done didn't seem to
me to actually answer the need. Okay, that was my opinion,
that's what I think. But the point is that three
decades ago you could say, well, what the hell do
you know about it? And it's like, no, well, I
(14:21):
think this is right. I believe this is the correct
way to do it. But I can't give you chapter
and verse about how it actually worked.
Speaker 3 (14:30):
In the real world.
Speaker 2 (14:32):
Well that was, you know, thirty five years ago. Nowadays
it's like, hey, and then this thing happened, and that happened,
and this is how we rescue them. And it wouldn't
have you know, if they'd done the usual, the usual
thing that everybody does, it wouldn't have worked. And now
it worked, and we saved this and we saved that,
and you know, and it's a it's it's it's not experimental,
(14:55):
you know. I guess that's my point. It's non customary.
That's true, very very true. Never been customary. I can
think of it my entire life. But okay, fine, but
the Army liked it. I mean, they gave me extra
medals and stuff. What the hell I mean, how do
you think I got over the Pentagon as a very
uniar captain? Well outside the box, you know, that's how
(15:16):
it works. And if you get results, see and that's
the thing that's a nice thing about military they they
kind of they really do care about the results, right
and if you get results, we have to get them
quick with the planning. It takes decades sometimes to see
the results. But that's where we're at right now. The results,
in my opinion, are very are very clear. Anyway, that's
(15:40):
that do I need? Here's another email? Now, this is
this is an interesting one because it's got a lot
of these issues in it. And the first time I
read it, I'm thinking, oh, well, that's an easy answer.
But it's not so easy an answer. And I'll tell
you why do I need a special needs trust? If
I'm sixty three years old and on disability and I'm
about to receive a large personal injury settlement, I'm sixty
(16:03):
three years old. Four years ago, i was involved in
a motorcycle accident. Okay, Well, when you hear that right away,
you're thinking four years ago you're in the accident, you
probably probably and four years ago you were fifty nine, right,
so you probably received medicaid. That's how these things go
(16:24):
frequently until you get the insurance company finally pay and
then when the insurance company finally pays off, then you've
got to pay back Medicaid for the money that they
fronted you. Okay, So when you're in you know, oh,
a thousand million dollar car accident settlement, Yeah, well a
big chunk of that frequently goes to pay the Medicaid
(16:45):
which paid for the which paid in the meantime for
the for the injuries, right for the treatment to care.
But then he says this, I've been on Social Security
disability for thirteen years.
Speaker 3 (17:00):
Okay, well wait a second.
Speaker 2 (17:02):
That changes things, right, because when you're on SO Security
disability while your claim is pending, you're going to be
on the Medicaid for care. And then typically I think,
what is it two years? I think it's two years
on SO Security disability before you get on the Medicare.
Speaker 3 (17:19):
Okay.
Speaker 2 (17:20):
So basically, this guy's been on Medicare for eleven years,
all right, which means that when he had these injuries,
it was Medicare, not Medicaid that was paying the bills.
Speaker 3 (17:32):
All right? Is this frying your brain?
Speaker 4 (17:34):
Good?
Speaker 3 (17:34):
Good? Because yeah, but that's that's the deal.
Speaker 2 (17:38):
And now, three weeks ago, my personal injury attorney mediated
settlement for six hundred thousand. Now without the disability history, okay,
there would be typically a Medicaid claim, a claim against
the six hundred thousand. But now it seems as if
he has no idea what the process is to determine
(18:00):
if I need a medical set aside, special needs trust
or neither. Right, Well, in Michigan, the medical set aside
trust doesn't work anyway. The special needs trust, yes, you know,
the default the defour a trust right where if you're
on Medicaid and you get a big chunk of money,
then you can set it aside.
Speaker 3 (18:18):
It's called Medicaid payback trust.
Speaker 2 (18:20):
Or charities can do a pooled fund right where the
at the end of the day, the money goes to
the government. That's the first one, the pool fund. The
money goes to the charity or organization that's set up
the fund. But anyway, the point is neither. He says
that I don't need this one, that one or neither.
I think it's neither. And again with all you know,
(18:42):
this is radio show advice.
Speaker 3 (18:45):
That's not advice. It's a lively legal discussion, but not
legal advice.
Speaker 4 (18:50):
Right.
Speaker 2 (18:50):
Anyway, the money hasn't been dispersed yet, but I haven't
reported the settlement to Social Security or CMS.
Speaker 3 (18:55):
Well why would you? Why would you?
Speaker 2 (18:58):
I mean, you're not on means tested program right. My
attorney has has me seen my attorney has me seen
a special needs trust attorney. But I'm not sure I
even need one. Well, the attorney that would be a
good idea, okay, because personal injury guys are all about
accident reconstruction and you know, getting the most money out
(19:19):
of or pain and suffering, and you know, what do
they know about this stuff? About what happens next? They're
all about let's get the big dollar amount. In fact,
I'm working with some folks right now where they recognize,
i mean, the the personal injury lawyers recognize that this
is not their expertise. They're good at getting the big settlement.
(19:42):
That's their job. That's what they're supposed to be doing.
What happens next, that's not really there. And not everybody
can be an expert on everything. It's just that's just
the reality of the thing, especially where well, is it medicare,
is it medicaid?
Speaker 3 (19:57):
Is it disability? Is that this is adapt you know?
Speaker 2 (20:00):
And and frequently when we run into this at the longer
care facilities all the time, people doing trying to do
not just there, but people just trying to do Medicaid.
They make these assumptions which are not valid. Oh, there's
the music. Well, i'll be back and we'll wrap this
up in the next segment. But but here's the key
(20:23):
you really need to Well, i'll tell you. I'll tell
you the next segment. I've been listening to the David
Carrier Show. I'm David Carrier, your family's personal attorney.
Speaker 1 (20:34):
David's got the how too you're looking for. Just call
seven seven four twenty four twenty four. This is the
David Carrier Show.
Speaker 2 (20:43):
Welcome back to the David Carrier Show. I'm David Carrier,
your family's personal attorney. Now is the time give us
a call six one six seven seven four twenty four
twenty four. That's six one six seven seven four twenty
four twenty four. You can go to the website David
Carrier Law dot com, talk with our AI assistant and
get some well good information.
Speaker 3 (21:07):
I mean I think it's good information. I hope it's
good information.
Speaker 2 (21:09):
It's as good as the AI can make it. And
you can type in and ask a question or you
can actually talk to it.
Speaker 3 (21:16):
It will, it will talk back to you. How about that?
Speaker 2 (21:19):
And it's been trained mostly on our stuff, so it's
not shouldn't be too should not be too.
Speaker 3 (21:25):
Far out there.
Speaker 2 (21:26):
But you never know what the AI, so don't rely
on it. You can't rely on it. But it's you know,
it's useful.
Speaker 3 (21:32):
It's useful. What can I tell you? So we're talking about.
Speaker 2 (21:36):
We've got one of these emails here, and it's it's
kind of an interesting one. I mean, it's not likely
to happen to you, but it is an interesting one
because it it kind of suggests the interplay between different
legal regimes, let's say, or legal.
Speaker 3 (21:54):
Aspects of life.
Speaker 2 (21:56):
Okay, there's a legal aspect of life where if you
get injured in a car accident or motorcycle accident in
this guy's case, you're going to hire somebody to get
you a bunch of money to make things better. Not better,
but at least get a bunch of money for it.
So there's personal injury attorneys out there. Then there are
(22:16):
different programs. There is Medicare, there's Medicaid, there's SoCal security disability.
There's a lot of stuff going on. And you can't
really be good at all of it, but you have
to be at least aware of all of it so
that you don't make a big mistake and you can
go to somebody who.
Speaker 3 (22:33):
Actually does know.
Speaker 2 (22:34):
Okay, So the thing is, everybody wants everything to be simple,
and I believe me, I'm a simple man. I believe
in simple, but I don't believe in more simple.
Speaker 3 (22:48):
Okay, I don't believe, you know.
Speaker 2 (22:50):
I think it was they said that Einstein said everything
should be as simple as possible, but not more simple.
We're in a complex, very complex environment here.
Speaker 3 (23:05):
Okay.
Speaker 2 (23:06):
The United States is a complex place. There are benefits
to it. You get to drive wherever you want. You
can drive up to McDonald's wherever it is, and the
Hamburger's still going to taste terrible no matter where you go.
You can you know, you can be basically sure that
things are going to work, that if you buy something
(23:26):
from someone in California or in Boston, that they're going
to do what they say right, because why because we
have a continent wide legal system that will make them
do what they say they're going to do right.
Speaker 3 (23:40):
That's those are benefits.
Speaker 2 (23:42):
I mean, you've got some yoyo's out there who say, oh,
you know, America's great. America has what it's got because
it stole it from everybody. No, that is not what
happened Americans. Just I mean, talk to any if you
ever talk to European right, you'll find out that they
get a lot more vacation.
Speaker 3 (24:00):
Than you do. They don't work as hard as you do.
They don't innovate as much as you do. Why do
you think everybody comes here?
Speaker 2 (24:08):
Everybody wants to be a success comes here, you know,
because this is a place that values hard work.
Speaker 3 (24:14):
It does.
Speaker 2 (24:15):
That's the reality of the thing, and that's why it
all works. But a consequence of that is that we've
got all these layers of law and responsibility and connection
and mutual engagement and all the rest of this stuff.
Speaker 3 (24:33):
We've got all.
Speaker 2 (24:34):
This going on at the same time, and threading your
way through it to get to the benefit can be challenging.
Right now, we've got Caroline from Porty John. Hello, Caroline,
Welcome to the David Carrier Show.
Speaker 3 (24:52):
I have a problem.
Speaker 4 (24:54):
I have gone through all the fine mind to get
medicaid and now I can't get a private room.
Speaker 3 (25:07):
Okay, so you're on Medicaid now is that right?
Speaker 4 (25:10):
Yes?
Speaker 3 (25:13):
Okay? And you're in a long term care facility? Is
that right?
Speaker 4 (25:16):
Yes?
Speaker 3 (25:19):
Okay?
Speaker 2 (25:19):
And at this point, did you how did how did
you qualify for the Medicaid? If I could ask, do
you spend down?
Speaker 1 (25:32):
Uh? Yes, yes we did?
Speaker 2 (25:36):
Okay, all right? And does you are you married?
Speaker 4 (25:42):
Yes?
Speaker 3 (25:44):
Okay?
Speaker 2 (25:45):
And does your spouse have the protected spousal amount a
significant protected spousal amount?
Speaker 4 (25:54):
No?
Speaker 2 (25:55):
Okay, okay, okay, So so here's a deal. All right,
So here's the deal. The Medicaid level of care is
a semi private room. There are facilities, a number of
them that offer only only single rooms, okay, private rooms,
(26:19):
And if you are in one of those facilities on
the Medicaid, you'll get a private room. But the bottom
line for the Medicaid is a semi private room. One
of the reasons that we do the planning that we do,
one of the reasons I think is so important to
do what we're doing in terms of preserving assets, qualifying
(26:42):
for Medicaid without going broke, without sacrificing your life savings,
moving assets from one spouse to the all the rest
of the stuff that we do to get the dollars
is to answer your issue right now, which is how
do I get a private room? Because Medicaid's not going
to pay for a private room right And the way
(27:04):
you get the private room is by planning ahead, right,
whether it's at the last minute and you haven't done
the if you've done the pre plan, it's a lot easier,
it's much more certain. But even if you haven't done
a pre plan and you're just now looking and you're married,
especially if you're married and we're looking at going into
long term care right then what we would do, what
(27:26):
we usually do, is we would get you qualified for
the Medicaid right.
Speaker 3 (27:31):
Through the rules.
Speaker 2 (27:32):
Through the rules, we don't hide anything. We tell them
exactly what we're doing, how we're doing it right so
that your The goal would be so that your husband
your spouse at this point would have sufficient assets to
pay an extra thousand dollars a month to get you
a private room. That's the that's really kind of the
(27:54):
fundamental reason we're doing it. It's not just to pile
up money. It's you know, a nice consequence is that
there's something left for the next generation. That's all good,
But what you're going through right now, is why we
do what we do, because people who work and save
and do the good thing right, if they need long
(28:14):
term care, they might not want a new roommate. It
might not apparently you don't. But it costs money to
do that. It costs money to add on top of
the Medicaid reimbursement rate, which is what the long term
care facility would receive to actually buy the private room.
And at this point, if there is no significant protected
(28:38):
spousal amount in your spousal's hands, right, and his income
is not that great, then you know, did you spend
down when you before you qualify?
Speaker 3 (28:55):
No Caroline? Okay, well, then how did you qualify?
Speaker 2 (29:03):
If I could ask? Hello, Okay, I'm not sure Caroline
is still with us.
Speaker 3 (29:16):
But here's the thing.
Speaker 2 (29:18):
If you have savings, right, if you have savings and
your spouse is needing long term care, what have you? Okay,
you don't have to give it up. You don't have
to get this phone call from your spouse. Why do
I have a new roommate. I really don't want a
new roommate. Okay, if you have some research. Now, look,
if you don't have any resources, right, if for one
(29:41):
reason or another, there are no savings or what have you. Well,
that's tough. It's tough, but hey, you're getting, you know,
tens of thousand, you know, twelve thousand to eighteen thousand
dollars a month care through the Medicaid, right, and you
don't get every thing you want. Money is choices, if
(30:03):
you save money so that you get to make choices
later on. See, this is what tears the heart out
of me is I see people who do all the work,
who do all the savings, who should be making choices
and can't because they don't know how to get the
benefits they already paid for. Right, Well, if you don't
have savings, there's not much I can do for that,
you know, other than let's not lose the house. Also, okay,
(30:27):
but that's one of those situations. So you're listening to
the David Carrier Show. I'm David Carrier, your family's personal attorney.
Speaker 1 (30:36):
David's perking and working and taking your calls. Now this
is the David Carrier Show.
Speaker 2 (30:45):
Welcome back to the David Carrier Show on David Carrier,
your Family's personal Attorney. We've got Linda on the line. Hello, Linda,
Welcome to the David Carrier show.
Speaker 4 (30:56):
Well, good morning, I've been good morning just to call
you for a couple of years. I do this every weekend,
I know, and I listened to you as much as
I can so. My father in law, he is a
(31:20):
widower for almost twenty years, and when his wife passed,
he just went to probate to a lawyer and they
put everything in his name. Well, he didn't have any
problems with that. However, in the will, it was mom's
(31:42):
choice and dad's choice together to have everything left behind
to the children. And there's multiples. One wishes to be
bought out and only wants money. The other two leant
the house and and everything in it and the property.
(32:04):
However he only has a will. My husband is the
one that always takes care of the property, and there's
no way we're going to be able to pay for it.
I have tried for multiple years, after listening to your show,
to get him to put his stuff into a trust,
(32:25):
but he thinks it's going to cost an arm and
a leg. How can I prove to him that he's wrong?
Speaker 2 (32:33):
Well, the question is what's in I mean, what is
the what's the property worth?
Speaker 4 (32:38):
Oh, probably six hundred thousand or more.
Speaker 2 (32:44):
Okay, so if you could save ninety nine percent of
what you got, is it worth doing.
Speaker 4 (32:51):
Ninety nine Yes, it's very worth doing. Yeah.
Speaker 3 (32:57):
Well that's the.
Speaker 2 (33:00):
What I find is that if you if you expl
you know, look, people say, you know, several thousand dollars,
Oh that's terrible, it's awful. It's more to pay for
a water heater, you know, I you know, it's it's
a tenth of what I pay for a car, or
twenty percent of what I pay for a car. And
when you look at it instead of you know, because
(33:20):
it's see the problem with the problem with the fee,
and it's a problem we've had with the fee, is
there are things that must be done. And this is
my opinion, okay, my uncustomary, non traditional opinion. There are
things that have to be done, and if the attorney
doesn't take responsibility for doing them, they're not going to
(33:42):
get done. And that's going to lead to if these
things are not done, then the plan's going to fail.
So if you spend you can spend less. You can
certainly spend less than we charge for whatever you know,
for you can get documents that say try on them,
and say power of attorney and stuff, and in my opinion,
(34:04):
those those documents will almost always fail because there was
no follow through. There was no follow up. There wasn't
a concern about the long term care, there wasn't a
concern about how do I actually get stuff to kids?
You know, there wasn't a recognition, for example, that that
(34:25):
iras you know, IRA's are really purple unicorn for us. Okay,
it like there's nothing like an IRA, and everybody just
thinks it's another checking account or an investment account or.
Speaker 3 (34:36):
Something like that.
Speaker 2 (34:36):
And it's there are opportunities and pitfalls with the IRA
that don't exist anywhere else. And in my opinion, you
have to number one, follow through, follow up. You have
to do that, and most people don't. They give you
a letter that says, hey, do these things which everybody knows.
And that's my opinion that everybody knows this. Maybe they're
(34:57):
just blind and deaf and I don't know, uh that
people aren't doing the things that are necessary to be
done when you hand them the papers. Okay, so you know,
if you want me to say, hey, we're the we're
the cheapest guy in town, that is not true. Are
we the most thorough? Are we the most you know?
(35:19):
Follow up do we you know, are are we pushing
the envelope all the time?
Speaker 3 (35:24):
I think so?
Speaker 2 (35:25):
I think so, And I can chapter and verse here's
here's what we're doing. Here's what they're not doing. Did
But again, that's that's my opinion that the thing would
be to see, here's here's the problem that you have
or your husband has in talking with Dad about this.
(35:46):
And it's not how you say it or what you say,
it's who you are. Okay, you're the daughter in law.
He's the kid, okay, And when it.
Speaker 3 (35:57):
Comes to this, what is the kid?
Speaker 1 (35:58):
Now?
Speaker 4 (35:59):
Right?
Speaker 2 (35:59):
He wiped his butt, you know, I'm Dad wiped your
husband's butt, you know, back in the day, and there's
a residuary, there's that fundamental relationship really hasn't gone away.
There's I mean, I've just seen this so many times.
It's like if I say it, then it's like, oh yeah,
well sure, let's do it. If the spouse says it,
(36:21):
if the kid says it, if the in law says it,
oh it gets blown off.
Speaker 3 (36:26):
Do you see?
Speaker 2 (36:27):
So it wouldn't hurt to come to one of the
workshops simply because it's not just one on one. It's
just not you know, evil lawyer, you know, manipulating and.
Speaker 3 (36:37):
Blah blah blah.
Speaker 2 (36:39):
Is a whole room full of people very much like
your father in law. Who are you know, listening and
questioning and you know, and and moving ahead. That's why
we're doing the workshops. I mean, that's one of the
benefits of doing the workshop. It's not just you, it's
not just.
Speaker 4 (36:56):
One of my struggles though, is that the oldest child
was made poa and lives out of state and doesn't
know Michigan law and thinks that everything is like their
law in their state. And so I've been trying to.
Speaker 3 (37:17):
Like what stated the end Maryland in which one Maryland's worse.
Speaker 2 (37:26):
Maryland's worse. You know in Maryland you've got to have Yeah,
Maryland's worse. In Michigan they put a lean on the
property you have to have audited. Or maybe I'm confusing
it with New Jersey, but I don't think so. I mean,
now Virginia is not so bad, but Maryland's terrible. I
mean this is my you know, my recollection. I don't
(37:48):
practice in Maryland.
Speaker 3 (37:49):
But it's like.
Speaker 2 (37:52):
It's it's uh, you know, it's the it's the other
way around. You know, if you can get them in
and have a conversation or you know, I'd be more
than happy to talk to your brother in law, you know,
about what's going on.
Speaker 3 (38:04):
Just give give the office a call. We'll set up
a zoom meeting. You know. It's it is what it is.
Speaker 2 (38:11):
I mean, we're more than happy to talk about it,
but I've got the one minute mark, so I don't
have much time.
Speaker 3 (38:17):
Does that make sense?
Speaker 1 (38:18):
All right?
Speaker 4 (38:18):
Yeah, yeah, thank you so much.
Speaker 2 (38:22):
I'm more than happy to talk to whomever, right, and
we can get specific when we're talking about it like that.
Speaker 4 (38:28):
All right, Okay, thank you, thank.
Speaker 2 (38:30):
You, all right, thank you, Linda. Take care even listening
to the David Carrier Show. I'm David Carrier, your family's
personal turn.
Speaker 1 (38:50):
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 to
affect 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 of David Carrier, please
(39:12):
visit Davidcarrier law dot com,
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 (00:20):
Hello, and welcome to the David Carrier Show. I'm David Carrier,
your family's personal attorney, and you have found the place
where we talk about a state planning, older law, real
estate and business law. So give us a call. Why
don't just six one, six seven, seven four twenty four
twenty four. That's sixty one, six seven, seven four twenty
four to twenty four will get your question, comment or
(00:43):
concern on the air.
Speaker 3 (00:44):
It's just that easy.
Speaker 2 (00:47):
And well, you have to have a phone, I guess,
and punch those numbers in. What numbers you say, oh,
six one, six seven, seven four twenty four twenty four
two four two four, and that'll get you to the
to the studio and then you know, John will take
your take your name, your information, your bank account numbers,
(01:08):
your social security mother's maiden name, et cetera. Said, Now,
I'm just kidding about that part anyway and then you'll
see then you'll get right on the air.
Speaker 3 (01:15):
It's easy. Or or you could just.
Speaker 2 (01:18):
Email me David at David Carrier law dot com.
Speaker 3 (01:22):
I would love to get the emails.
Speaker 2 (01:24):
Or or you could go to the website David Carrier
Law dot com. That's David Carrier law dot com and
we'll get your you know, you know, get your information
and you'll get some information. You can ask the AI
robot there, you know, the the AI assistant. That's actually
pretty cool.
Speaker 3 (01:44):
Well, give it a try. You see if you like it.
Speaker 2 (01:46):
If you don't like it, tell me and I won't
do anything different anyway. Uh So that's those are your
Those are your options there. Now let's get back to
some of our emails. So how can we get find
our papers held by an attorney who has retired and moved?
(02:06):
Oh my goodness, we found out our attorney retired. We
were never notified that ain't right. He held our estate
planning papers.
Speaker 3 (02:14):
Whoops.
Speaker 2 (02:16):
We tried to reach out to possible places but cannot
reach him. Okay, so you're saying you did some due
diligence here, I guess. How can we locate and get
our papers so we can work with a new attorney.
Damn defino. I mean, I don't know where we went.
I guess you could get a skip tracer and that
might that might help. And here's the here's the problem
(02:40):
with this, okay, this is why you don't leave your
papers with the attorney, all right. For one, our goal
is not to hold any original documents, you know, and
no physical copies either. And here's the other thing too.
For the last several years now you've had the he's
practiced in Michigan. Have to have somebody to take over
(03:03):
the practice, so that there's so that this doesn't This
is not supposed to happen, all right, There should be
You should be able to go to the should be
able to go to Michigan Bar Association, right and find
out who his representative was. Now, I don't know if
he retired five years. It's only been the last several years,
so maybe he retired before the requirement to have a
(03:26):
receiver attorney, you know, an administrator was required, But it
is required now anyway, so this this shouldn't happen again.
But I just think it's a bad idea. I think
it's a bad idea to leave your papers with the attorney.
Now I know that there are some big law firms
and they have the vault and oh, you know, we'll
(03:46):
maintain all your originals and you get a copy and
it's actually stamped a copy. The problem with that, of course,
I mean it's it's you know, it's not a bad
marketing idea by the by the law firm doing it.
I'm a pretty good idea from from their perspective, right,
because now you've got to go back to them.
Speaker 3 (04:05):
Sure why not? You know, sure they'd like.
Speaker 2 (04:08):
It, and you know the idea of safe keeping, but
it's like, I don't have anybody who's got a real
problem safe keeping their documents. That hasn't been an issue.
And then and then of course we keep an electronic
copy of everything so that we can always go back
and print it out, and we can share that with
(04:31):
the share that with the client. So it makes things
a lot easier, it seems to me, makes things a
lot easier, and you don't have the storage issues. You know,
one of the with the twin towers, you know, back
nine to eleven, one of the problems was there were
repositories in those buildings, you know, safety people safe depositive boxes,
(04:53):
and documents and stuff. That's an untold story of the
of the of the kind of horrific consequences for an
awful lot of families because all of a sudden their
stuff was all dust. You know, it was all it
was all gone. It's really not a not a good thing.
But that's so, like I say, if it was recent,
(05:16):
there should be a representative, there should be somebody you know,
to at the bar, to the Michigan Bar Association to
tell you, you know, who'd be managing that. And it's just
improper that they would have original documents and not not
give them. I mean, there's a whole record retention policy.
(05:36):
We recite that in our fear agreement. You know that
every five years we can give you thirty days to
come pick up your stuff, you know, but we've got
to give you a thirty days notice right two before
we before we shredded or deleted or something. But you know,
with the electronics and stuff, why would you ever delete anything?
Doesn't make any to my opinion, My opinion, doesn't make
(05:58):
any sense. So we just don't delete anything. We just
we just keep our copies, our electronic copies for you
and if you ever want them, boom, there they are.
Let's say, can a home owned in joint tenancy by
siblings passed to a siblings spouse upon death.
Speaker 3 (06:14):
Oh, that's a good question.
Speaker 2 (06:16):
My sister and I. Oh and by the way, if
you want your question answered six one, six, seven, seven
four twenty four, twenty four, we both agreed that if
we ever, if we shall ever pass away. Woo is
that optimistic or delusional? If I ever pass away? Yeah,
see that's a that's a good question anyway, Uh, the
(06:38):
home will pass to the survivor. So when we needed
the home to us, it's stated the property is conveyed
to the grantees as joint tenants with the rights of survivorship.
That's very important, but not as tenants in common. The
ownership is held as joint tenants with unequal shares, with
each grantees' ownership addressed as stated above, as joint tenants
with rights the survivorship. On the death of any grantee,
(06:59):
the surviving grantees to automatically immediately acquire the deceased grantee's
entire interest in the property by operational law, not necessary
of probate or other legal formalities. Well, gee, what do
you think that means that looks pretty clear to me.
The interest of the deceased grant this is all in
the deed. Apparently, the interest of the deceased grantee shall
(07:20):
survive itself, vest in the surviving grantees free from many claims, encumberances,
or deaths of the deceased grantees of state in proportion
in their respective ownership interest, and the surviving grantees to
hold title to the property in its entirety. Okay, well
does that Does that sound like it would go to
your spouse on death?
Speaker 3 (07:40):
Not to me, it doesn't.
Speaker 2 (07:42):
Anyway, we would like to confirm confirm, considering the deed's language.
If my sister passes, will the home surely pass to me?
Or can a loophole allow it to pass to her
husband somehow? So I think that's I think that's you
said the same thing like several times. All you had
(08:02):
to say was joint tenants with rights of survivorship. Boom,
and you're done.
Speaker 3 (08:07):
Now.
Speaker 2 (08:08):
It's very different if they had said joint tenants. Okay,
if you receive the property as joint tenants and either
one of the tenants does something that is inconsistent with
the joint tenancy. For example, deeds the interest to a
trust right. So if you're just playing old joint tenants
with somebody and you deed your interest to your spouse
(08:30):
or to your trust or something like that, that will
break the joint tenancy. And now you'll be tenants in common.
In other words, you will each own whatever percentage it
is of the property. So if there's three of you,
you own a third. If it's fifty to fifty, then
fifty you know, two of you in fifty to fifty.
So there is a way when it's a joint tenancy
(08:52):
to break the joint tenancy. But this holy cal talk
about you know, getting paid by the word. It says it.
It gives an example. Right, it says, immediately acquire without probate,
on and on and on, automatically interested in itself.
Speaker 3 (09:11):
Vesta is free from any claims, encumbrances, or debts.
Speaker 2 (09:14):
So you know, like I say, all you had to
do was say joint tenancy with rights or survivorship. You
didn't have to go in whoever drafted didn't have to
go into all the rest of this stuff. But certainly
it would, it would definitely, I mean, I haven't seen
one like this maybe because it's so it's so you know,
(09:39):
outright and so outrageously you know, thorough there. Now, this
is not legal advice you get into radio show right
still in all, I don't see how anyone get around this. No,
so I think, you know, will the Holmes surely passed
the me or kine loophole allowed to pass to her
husband somehow?
Speaker 3 (09:57):
Well, I don't know.
Speaker 2 (09:58):
I mean, you could imagine a situation, but you would
have to have done something right. You would have to say, oh,
I give my interest to my spouse to my sister's spouse,
or you'd have to do something Okay, I mean, is
it possible for you to encumber your interest to the property.
Speaker 3 (10:15):
Yeah, that's possible.
Speaker 2 (10:17):
But if this is all there is, this is what
we've got, gosh, it seems it seems pretty tough to uh,
you know, it seems pretty tough to get around it.
And I mean it seems pretty clear what it is.
Speaker 3 (10:30):
In any event.
Speaker 2 (10:32):
If it says joint tendancy with rights of survivorship, Okay,
it says joint tendency with rights of survivorship, then you
cannot convey that to anybody who's not on the deed
as a joint tenant with rights of survivorship without everybody
on the deed conveying it. There was just a recent
case on this one which changed what we understood the
(10:52):
possibilities to be. But in any event, yeah, I don't
I don't think there's any Uh. I don't think you
have to worry about your brother in law here would
I would doubt that You've been listening to the David
Carrier Show. I'm David Carrier, your family's personal attorney.
Speaker 1 (11:08):
This hour of the David Carrier Show is pro bono,
so call in now at seven seven four twenty four
twenty four. This is the David Carrier Show.
Speaker 2 (11:19):
Hey, hey, hey, welcome back to the David Carrier Show.
I'm David Carrier, your family's personal attorney, which means you're
supposed to call me at six one six seven seven
four twenty four twenty four at six one six seven
seven four twenty four twenty four to get your question,
comment or concern on the air. And if you don't
have a question, comment or concern, make one up.
Speaker 3 (11:41):
Come on.
Speaker 2 (11:41):
I'm lonely anyway, or you could go to the website
Davidcarrier Law dot com and on the website David Carrier
Law dot com. You can talk, you can engage with
our AI assistant, which is, you know the problem with
a lot of the these AI things is they hallucinate,
(12:02):
They just make stuff up.
Speaker 3 (12:04):
More attorneys.
Speaker 2 (12:06):
There was a there was a judge gut all into
all kinds of trouble because they issued an opinion that
was based on the AI. Their clerks, I guess had
done the AI and nobody actually checked the cases, which
is what the attorneys are doing. Some attorneys are doing
and oh my god, how embarrassing. Right, And they just
hallucinate stuff, they just make they just make stuff up.
Speaker 3 (12:29):
The AI does.
Speaker 2 (12:30):
So in order to fight that, what we do with
our EI assistant is we we limit it wouldn't limit
what it can look at, mostly to the stuff that
is on our website, mostly to the stuff that we've
already done. That doesn't make it reliable because you can't
trust the AI. All right, it'll go off and sneak
in stuff. But in any event, uh, and you never
(12:53):
should rely on that anyway. But but it is useful,
it is, it is pretty useful. And there's and every week,
you know, we're updating it, and there's more and more
things that it can do for you, to make it easy,
for example, to come to come to one of our workshops,
which you should be definitely doing.
Speaker 3 (13:13):
You'll hate coming to the workshop. You hate it. You
don't want to do it. I get it, to get it,
you don't want to do it.
Speaker 2 (13:18):
But but it'll be the best ninety minutes you ever spent,
well except for your honeymoon, but anyway, besides that, it'll
be a very good ninety minutes, you know, to start
getting things squared around, and week after week after week.
You know, I've been at this now here for thirty
five years, and so as you may suspect, we've got
(13:39):
and we've got tens of thousands of clients, so you know,
every week is more people who are actually whether it's
after a death or a disability or dementia or something
like that, where you're seeing the actual benefits of doing
this method. You know, thirty five years ago, when I
first started doing this, and it wasn't what everybody else
was doing, it was like, oh, you know, it makes
(14:01):
use those smart idiot you know, why are you doing
it like this? And it's like, well, because it doesn't
the way that it was being done didn't seem to
me to actually answer the need. Okay, that was my opinion,
that's what I think. But the point is that three
decades ago you could say, well, what the hell do
you know about it? And it's like, no, well, I
(14:21):
think this is right. I believe this is the correct
way to do it. But I can't give you chapter
and verse about how it actually worked.
Speaker 3 (14:30):
In the real world.
Speaker 2 (14:32):
Well that was, you know, thirty five years ago. Nowadays
it's like, hey, and then this thing happened, and that happened,
and this is how we rescue them. And it wouldn't
have you know, if they'd done the usual, the usual
thing that everybody does, it wouldn't have worked. And now
it worked, and we saved this and we saved that,
and you know, and it's a it's it's it's not experimental,
(14:55):
you know. I guess that's my point. It's non customary.
That's true, very very true. Never been customary. I can
think of it my entire life. But okay, fine, but
the Army liked it. I mean, they gave me extra
medals and stuff. What the hell I mean, how do
you think I got over the Pentagon as a very
uniar captain? Well outside the box, you know, that's how
(15:16):
it works. And if you get results, see and that's
the thing that's a nice thing about military they they
kind of they really do care about the results, right
and if you get results, we have to get them
quick with the planning. It takes decades sometimes to see
the results. But that's where we're at right now. The results,
in my opinion, are very are very clear. Anyway, that's
(15:40):
that do I need? Here's another email? Now, this is
this is an interesting one because it's got a lot
of these issues in it. And the first time I
read it, I'm thinking, oh, well, that's an easy answer.
But it's not so easy an answer. And I'll tell
you why do I need a special needs trust? If
I'm sixty three years old and on disability and I'm
about to receive a large personal injury settlement, I'm sixty
(16:03):
three years old. Four years ago, i was involved in
a motorcycle accident. Okay, Well, when you hear that right away,
you're thinking four years ago you're in the accident, you
probably probably and four years ago you were fifty nine, right,
so you probably received medicaid. That's how these things go
(16:24):
frequently until you get the insurance company finally pay and
then when the insurance company finally pays off, then you've
got to pay back Medicaid for the money that they
fronted you. Okay, So when you're in you know, oh,
a thousand million dollar car accident settlement, Yeah, well a
big chunk of that frequently goes to pay the Medicaid
(16:45):
which paid for the which paid in the meantime for
the for the injuries, right for the treatment to care.
But then he says this, I've been on Social Security
disability for thirteen years.
Speaker 3 (17:00):
Okay, well wait a second.
Speaker 2 (17:02):
That changes things, right, because when you're on SO Security
disability while your claim is pending, you're going to be
on the Medicaid for care. And then typically I think,
what is it two years? I think it's two years
on SO Security disability before you get on the Medicare.
Speaker 3 (17:19):
Okay.
Speaker 2 (17:20):
So basically, this guy's been on Medicare for eleven years,
all right, which means that when he had these injuries,
it was Medicare, not Medicaid that was paying the bills.
Speaker 3 (17:32):
All right? Is this frying your brain?
Speaker 4 (17:34):
Good?
Speaker 3 (17:34):
Good? Because yeah, but that's that's the deal.
Speaker 2 (17:38):
And now, three weeks ago, my personal injury attorney mediated
settlement for six hundred thousand. Now without the disability history, okay,
there would be typically a Medicaid claim, a claim against
the six hundred thousand. But now it seems as if
he has no idea what the process is to determine
(18:00):
if I need a medical set aside, special needs trust
or neither. Right, Well, in Michigan, the medical set aside
trust doesn't work anyway. The special needs trust, yes, you know,
the default the defour a trust right where if you're
on Medicaid and you get a big chunk of money,
then you can set it aside.
Speaker 3 (18:18):
It's called Medicaid payback trust.
Speaker 2 (18:20):
Or charities can do a pooled fund right where the
at the end of the day, the money goes to
the government. That's the first one, the pool fund. The
money goes to the charity or organization that's set up
the fund. But anyway, the point is neither. He says
that I don't need this one, that one or neither.
I think it's neither. And again with all you know,
(18:42):
this is radio show advice.
Speaker 3 (18:45):
That's not advice. It's a lively legal discussion, but not
legal advice.
Speaker 4 (18:50):
Right.
Speaker 2 (18:50):
Anyway, the money hasn't been dispersed yet, but I haven't
reported the settlement to Social Security or CMS.
Speaker 3 (18:55):
Well why would you? Why would you?
Speaker 2 (18:58):
I mean, you're not on means tested program right. My
attorney has has me seen my attorney has me seen
a special needs trust attorney. But I'm not sure I
even need one. Well, the attorney that would be a
good idea, okay, because personal injury guys are all about
accident reconstruction and you know, getting the most money out
(19:19):
of or pain and suffering, and you know, what do
they know about this stuff? About what happens next? They're
all about let's get the big dollar amount. In fact,
I'm working with some folks right now where they recognize,
i mean, the the personal injury lawyers recognize that this
is not their expertise. They're good at getting the big settlement.
(19:42):
That's their job. That's what they're supposed to be doing.
What happens next, that's not really there. And not everybody
can be an expert on everything. It's just that's just
the reality of the thing, especially where well, is it medicare,
is it medicaid?
Speaker 3 (19:57):
Is it disability? Is that this is adapt you know?
Speaker 2 (20:00):
And and frequently when we run into this at the longer
care facilities all the time, people doing trying to do
not just there, but people just trying to do Medicaid.
They make these assumptions which are not valid. Oh, there's
the music. Well, i'll be back and we'll wrap this
up in the next segment. But but here's the key
(20:23):
you really need to Well, i'll tell you. I'll tell
you the next segment. I've been listening to the David
Carrier Show. I'm David Carrier, your family's personal attorney.
Speaker 1 (20:34):
David's got the how too you're looking for. Just call
seven seven four twenty four twenty four. This is the
David Carrier Show.
Speaker 2 (20:43):
Welcome back to the David Carrier Show. I'm David Carrier,
your family's personal attorney. Now is the time give us
a call six one six seven seven four twenty four
twenty four. That's six one six seven seven four twenty
four twenty four. You can go to the website David
Carrier Law dot com, talk with our AI assistant and
get some well good information.
Speaker 3 (21:07):
I mean I think it's good information. I hope it's
good information.
Speaker 2 (21:09):
It's as good as the AI can make it. And
you can type in and ask a question or you
can actually talk to it.
Speaker 3 (21:16):
It will, it will talk back to you. How about that?
Speaker 2 (21:19):
And it's been trained mostly on our stuff, so it's
not shouldn't be too should not be too.
Speaker 3 (21:25):
Far out there.
Speaker 2 (21:26):
But you never know what the AI, so don't rely
on it. You can't rely on it. But it's you know,
it's useful.
Speaker 3 (21:32):
It's useful. What can I tell you? So we're talking about.
Speaker 2 (21:36):
We've got one of these emails here, and it's it's
kind of an interesting one. I mean, it's not likely
to happen to you, but it is an interesting one
because it it kind of suggests the interplay between different
legal regimes, let's say, or legal.
Speaker 3 (21:54):
Aspects of life.
Speaker 2 (21:56):
Okay, there's a legal aspect of life where if you
get injured in a car accident or motorcycle accident in
this guy's case, you're going to hire somebody to get
you a bunch of money to make things better. Not better,
but at least get a bunch of money for it.
So there's personal injury attorneys out there. Then there are
(22:16):
different programs. There is Medicare, there's Medicaid, there's SoCal security disability.
There's a lot of stuff going on. And you can't
really be good at all of it, but you have
to be at least aware of all of it so
that you don't make a big mistake and you can
go to somebody who.
Speaker 3 (22:33):
Actually does know.
Speaker 2 (22:34):
Okay, So the thing is, everybody wants everything to be simple,
and I believe me, I'm a simple man. I believe
in simple, but I don't believe in more simple.
Speaker 3 (22:48):
Okay, I don't believe, you know.
Speaker 2 (22:50):
I think it was they said that Einstein said everything
should be as simple as possible, but not more simple.
We're in a complex, very complex environment here.
Speaker 3 (23:05):
Okay.
Speaker 2 (23:06):
The United States is a complex place. There are benefits
to it. You get to drive wherever you want. You
can drive up to McDonald's wherever it is, and the
Hamburger's still going to taste terrible no matter where you go.
You can you know, you can be basically sure that
things are going to work, that if you buy something
(23:26):
from someone in California or in Boston, that they're going
to do what they say right, because why because we
have a continent wide legal system that will make them
do what they say they're going to do right.
Speaker 3 (23:40):
That's those are benefits.
Speaker 2 (23:42):
I mean, you've got some yoyo's out there who say, oh,
you know, America's great. America has what it's got because
it stole it from everybody. No, that is not what
happened Americans. Just I mean, talk to any if you
ever talk to European right, you'll find out that they
get a lot more vacation.
Speaker 3 (24:00):
Than you do. They don't work as hard as you do.
They don't innovate as much as you do. Why do
you think everybody comes here?
Speaker 2 (24:08):
Everybody wants to be a success comes here, you know,
because this is a place that values hard work.
Speaker 3 (24:14):
It does.
Speaker 2 (24:15):
That's the reality of the thing, and that's why it
all works. But a consequence of that is that we've
got all these layers of law and responsibility and connection
and mutual engagement and all the rest of this stuff.
Speaker 3 (24:33):
We've got all.
Speaker 2 (24:34):
This going on at the same time, and threading your
way through it to get to the benefit can be challenging.
Right now, we've got Caroline from Porty John. Hello, Caroline,
Welcome to the David Carrier Show.
Speaker 3 (24:52):
I have a problem.
Speaker 4 (24:54):
I have gone through all the fine mind to get
medicaid and now I can't get a private room.
Speaker 3 (25:07):
Okay, so you're on Medicaid now is that right?
Speaker 4 (25:10):
Yes?
Speaker 3 (25:13):
Okay? And you're in a long term care facility? Is
that right?
Speaker 4 (25:16):
Yes?
Speaker 3 (25:19):
Okay?
Speaker 2 (25:19):
And at this point, did you how did how did
you qualify for the Medicaid? If I could ask, do
you spend down?
Speaker 1 (25:32):
Uh? Yes, yes we did?
Speaker 2 (25:36):
Okay, all right? And does you are you married?
Speaker 4 (25:42):
Yes?
Speaker 3 (25:44):
Okay?
Speaker 2 (25:45):
And does your spouse have the protected spousal amount a
significant protected spousal amount?
Speaker 4 (25:54):
No?
Speaker 2 (25:55):
Okay, okay, okay, So so here's a deal. All right,
So here's the deal. The Medicaid level of care is
a semi private room. There are facilities, a number of
them that offer only only single rooms, okay, private rooms,
(26:19):
And if you are in one of those facilities on
the Medicaid, you'll get a private room. But the bottom
line for the Medicaid is a semi private room. One
of the reasons that we do the planning that we do,
one of the reasons I think is so important to
do what we're doing in terms of preserving assets, qualifying
(26:42):
for Medicaid without going broke, without sacrificing your life savings,
moving assets from one spouse to the all the rest
of the stuff that we do to get the dollars
is to answer your issue right now, which is how
do I get a private room? Because Medicaid's not going
to pay for a private room right And the way
(27:04):
you get the private room is by planning ahead, right,
whether it's at the last minute and you haven't done
the if you've done the pre plan, it's a lot easier,
it's much more certain. But even if you haven't done
a pre plan and you're just now looking and you're married,
especially if you're married and we're looking at going into
long term care right then what we would do, what
(27:26):
we usually do, is we would get you qualified for
the Medicaid right.
Speaker 3 (27:31):
Through the rules.
Speaker 2 (27:32):
Through the rules, we don't hide anything. We tell them
exactly what we're doing, how we're doing it right so
that your The goal would be so that your husband
your spouse at this point would have sufficient assets to
pay an extra thousand dollars a month to get you
a private room. That's the that's really kind of the
(27:54):
fundamental reason we're doing it. It's not just to pile
up money. It's you know, a nice consequence is that
there's something left for the next generation. That's all good,
But what you're going through right now, is why we
do what we do, because people who work and save
and do the good thing right, if they need long
(28:14):
term care, they might not want a new roommate. It
might not apparently you don't. But it costs money to
do that. It costs money to add on top of
the Medicaid reimbursement rate, which is what the long term
care facility would receive to actually buy the private room.
And at this point, if there is no significant protected
(28:38):
spousal amount in your spousal's hands, right, and his income
is not that great, then you know, did you spend
down when you before you qualify?
Speaker 3 (28:55):
No Caroline? Okay, well, then how did you qualify?
Speaker 2 (29:03):
If I could ask? Hello, Okay, I'm not sure Caroline
is still with us.
Speaker 3 (29:16):
But here's the thing.
Speaker 2 (29:18):
If you have savings, right, if you have savings and
your spouse is needing long term care, what have you? Okay,
you don't have to give it up. You don't have
to get this phone call from your spouse. Why do
I have a new roommate. I really don't want a
new roommate. Okay, if you have some research. Now, look,
if you don't have any resources, right, if for one
(29:41):
reason or another, there are no savings or what have you. Well,
that's tough. It's tough, but hey, you're getting, you know,
tens of thousand, you know, twelve thousand to eighteen thousand
dollars a month care through the Medicaid, right, and you
don't get every thing you want. Money is choices, if
(30:03):
you save money so that you get to make choices
later on. See, this is what tears the heart out
of me is I see people who do all the work,
who do all the savings, who should be making choices
and can't because they don't know how to get the
benefits they already paid for. Right, Well, if you don't
have savings, there's not much I can do for that,
you know, other than let's not lose the house. Also, okay,
(30:27):
but that's one of those situations. So you're listening to
the David Carrier Show. I'm David Carrier, your family's personal attorney.
Speaker 1 (30:36):
David's perking and working and taking your calls. Now this
is the David Carrier Show.
Speaker 2 (30:45):
Welcome back to the David Carrier Show on David Carrier,
your Family's personal Attorney. We've got Linda on the line. Hello, Linda,
Welcome to the David Carrier show.
Speaker 4 (30:56):
Well, good morning, I've been good morning just to call
you for a couple of years. I do this every weekend,
I know, and I listened to you as much as
I can so. My father in law, he is a
(31:20):
widower for almost twenty years, and when his wife passed,
he just went to probate to a lawyer and they
put everything in his name. Well, he didn't have any
problems with that. However, in the will, it was mom's
(31:42):
choice and dad's choice together to have everything left behind
to the children. And there's multiples. One wishes to be
bought out and only wants money. The other two leant
the house and and everything in it and the property.
(32:04):
However he only has a will. My husband is the
one that always takes care of the property, and there's
no way we're going to be able to pay for it.
I have tried for multiple years, after listening to your show,
to get him to put his stuff into a trust,
(32:25):
but he thinks it's going to cost an arm and
a leg. How can I prove to him that he's wrong?
Speaker 2 (32:33):
Well, the question is what's in I mean, what is
the what's the property worth?
Speaker 4 (32:38):
Oh, probably six hundred thousand or more.
Speaker 2 (32:44):
Okay, so if you could save ninety nine percent of
what you got, is it worth doing.
Speaker 4 (32:51):
Ninety nine Yes, it's very worth doing. Yeah.
Speaker 3 (32:57):
Well that's the.
Speaker 2 (33:00):
What I find is that if you if you expl
you know, look, people say, you know, several thousand dollars,
Oh that's terrible, it's awful. It's more to pay for
a water heater, you know, I you know, it's it's
a tenth of what I pay for a car, or
twenty percent of what I pay for a car. And
when you look at it instead of you know, because
(33:20):
it's see the problem with the problem with the fee,
and it's a problem we've had with the fee, is
there are things that must be done. And this is
my opinion, okay, my uncustomary, non traditional opinion. There are
things that have to be done, and if the attorney
doesn't take responsibility for doing them, they're not going to
(33:42):
get done. And that's going to lead to if these
things are not done, then the plan's going to fail.
So if you spend you can spend less. You can
certainly spend less than we charge for whatever you know,
for you can get documents that say try on them,
and say power of attorney and stuff, and in my opinion,
(34:04):
those those documents will almost always fail because there was
no follow through. There was no follow up. There wasn't
a concern about the long term care, there wasn't a
concern about how do I actually get stuff to kids?
You know, there wasn't a recognition, for example, that that
(34:25):
iras you know, IRA's are really purple unicorn for us. Okay,
it like there's nothing like an IRA, and everybody just
thinks it's another checking account or an investment account or.
Speaker 3 (34:36):
Something like that.
Speaker 2 (34:36):
And it's there are opportunities and pitfalls with the IRA
that don't exist anywhere else. And in my opinion, you
have to number one, follow through, follow up. You have
to do that, and most people don't. They give you
a letter that says, hey, do these things which everybody knows.
And that's my opinion that everybody knows this. Maybe they're
(34:57):
just blind and deaf and I don't know, uh that
people aren't doing the things that are necessary to be
done when you hand them the papers. Okay, so you know,
if you want me to say, hey, we're the we're
the cheapest guy in town, that is not true. Are
we the most thorough? Are we the most you know?
(35:19):
Follow up do we you know, are are we pushing
the envelope all the time?
Speaker 3 (35:24):
I think so?
Speaker 2 (35:25):
I think so, And I can chapter and verse here's
here's what we're doing. Here's what they're not doing. Did
But again, that's that's my opinion that the thing would
be to see, here's here's the problem that you have
or your husband has in talking with Dad about this.
(35:46):
And it's not how you say it or what you say,
it's who you are. Okay, you're the daughter in law.
He's the kid, okay, And when it.
Speaker 3 (35:57):
Comes to this, what is the kid?
Speaker 1 (35:58):
Now?
Speaker 4 (35:59):
Right?
Speaker 2 (35:59):
He wiped his butt, you know, I'm Dad wiped your
husband's butt, you know, back in the day, and there's
a residuary, there's that fundamental relationship really hasn't gone away.
There's I mean, I've just seen this so many times.
It's like if I say it, then it's like, oh yeah,
well sure, let's do it. If the spouse says it,
(36:21):
if the kid says it, if the in law says it,
oh it gets blown off.
Speaker 3 (36:26):
Do you see?
Speaker 2 (36:27):
So it wouldn't hurt to come to one of the
workshops simply because it's not just one on one. It's
just not you know, evil lawyer, you know, manipulating and.
Speaker 3 (36:37):
Blah blah blah.
Speaker 2 (36:39):
Is a whole room full of people very much like
your father in law. Who are you know, listening and
questioning and you know, and and moving ahead. That's why
we're doing the workshops. I mean, that's one of the
benefits of doing the workshop. It's not just you, it's
not just.
Speaker 4 (36:56):
One of my struggles though, is that the oldest child
was made poa and lives out of state and doesn't
know Michigan law and thinks that everything is like their
law in their state. And so I've been trying to.
Speaker 3 (37:17):
Like what stated the end Maryland in which one Maryland's worse.
Speaker 2 (37:26):
Maryland's worse. You know in Maryland you've got to have Yeah,
Maryland's worse. In Michigan they put a lean on the
property you have to have audited. Or maybe I'm confusing
it with New Jersey, but I don't think so. I mean,
now Virginia is not so bad, but Maryland's terrible. I
mean this is my you know, my recollection. I don't
(37:48):
practice in Maryland.
Speaker 3 (37:49):
But it's like.
Speaker 2 (37:52):
It's it's uh, you know, it's the it's the other
way around. You know, if you can get them in
and have a conversation or you know, I'd be more
than happy to talk to your brother in law, you know,
about what's going on.
Speaker 3 (38:04):
Just give give the office a call. We'll set up
a zoom meeting. You know. It's it is what it is.
Speaker 2 (38:11):
I mean, we're more than happy to talk about it,
but I've got the one minute mark, so I don't
have much time.
Speaker 3 (38:17):
Does that make sense?
Speaker 1 (38:18):
All right?
Speaker 4 (38:18):
Yeah, yeah, thank you so much.
Speaker 2 (38:22):
I'm more than happy to talk to whomever, right, and
we can get specific when we're talking about it like that.
Speaker 4 (38:28):
All right, Okay, thank you, thank.
Speaker 2 (38:30):
You, all right, thank you, Linda. Take care even listening
to the David Carrier Show. I'm David Carrier, your family's
personal turn.
Speaker 1 (38:50):
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 to
affect 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 of David Carrier, please
(39:12):
visit Davidcarrier law dot com,
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