(2025) 2-16 David Carrier Show Hour 2

Episode Transcript

Speaker 1 (00:12):
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, and you have found the place
where we talk about retirement law, meaning what the state
planning and elder law. Right well, kind of it's just
you know, I always hated that elder law thing, you
know what I mean, because so many of our clients
are not actually elderly, but they are retired and it's

(00:58):
one of those things with a phase of life. Right, Oh,
I'm going to be olderly, you know, one foot in
the grave, the other on the banana peel right. Wrong.
That is not how that is not how the boomers
are doing it. I don't think any generation ever did
it like that, But certainly you could be excused for
thinking so maybe you know, predecessor generations seem to go

(01:19):
quietly into that good night. It doesn't seem like the
Baby boomers are about to do that. We had too
much of fun, too much fun while we're here, and
we don't want the show to end. And why should we,
you know, seriously, why why? It's like, you know, it's
not like we're doing bad things. We're doing good things.
So let's keep it up. Anyway. Our whole approach here

(01:41):
is to make sure that the uh, you know, the
last one out turn off the lights right? Well, why
should the lights get turned out early? Don't want that?
So you've worked, you've saved, you've done all the good things. See,
look at look at it like this. If you imagine
that there's three kinds of folks in America, right, three kinds.
There are the folks with so much that they get

(02:04):
tapped to, you know, reorganize the government. Okay, people with
so much that it's it's just not an issue for them,
et cetera, et cetera. Okay, their big problem is how
do I keep maneuvering the tax system so I don't
lose half of it to taxes until I'm gone. Right,
there's that there's that group of people, super wealthy, what

(02:25):
have you. Then they're the group of people who are
net net takers from the government. Okay, where for one reedon,
it's more than half of us now who are actually
they're not contributing tax dollars on the whole they're taking.
And then there's dare I say us we're not as

(02:50):
rich as those folks. We're not in the situation the
other people are in, and we're the ones who pay
for it all. You want a new aircraft, you know,
doesn't it amaze you? Like like when you think about, oh,
you know the general are for class of aircraft carriers, Oh,
horrible coursed overruns. It'll cost fifteen billion dollars. And then
you find out that we're spending like ten times you

(03:13):
could buy ten aircraft carriers for what they're given for,
you know, cultural whatever the hell it is, you know,
to all kinds of fork it's like, what, wait a second,
do you remember that bumper they had the bumper sticker?
Wouldn't it be great? You know if if the schools
had all the money and the and the air you know,
the Navy had to run a bake sale. What's kind

(03:35):
of like that? Actually, you know, now that you're finding
out we're all Now that you find out where all
the money's going, it's like, uh oh, I thought. I
thought it was the military industrial complex that was taking
all the money. It's like, well, doesn't look that way,

(03:55):
doesn't you know One story that's going on right now
the Army of parently, it's taking about basic allowance for
subsistence right from the soldiers and you spend it on
god knows what, right not food. They're supposed to spend
it on food. You know, if you're living in the barracks,
they take part of your basic allowance for quarters apparently.

(04:16):
And I never lived on but I did get I
did get a variable housing allowance because I was in
the National Capital Region right in DW Military District of
Washington is where I was living at the time, and
so you got a extra allowance to compensate. Didn't compensate,
but it was nice, nice to get it. You got

(04:37):
something because it was an extremely high cost area to live.
That was back when I was on active duty. I
didn't know that they took and listed soldiers' money and
we're supposed to put it into the chow hall and
didn't into the mess hall and did not, so that
that's terrible. Would we have known about that if we
hadn't started digging as well as all the rest of

(04:59):
the I don't know about you, but every time we
got a new president, you're thinking, oh, this time things
are going to change. And look, you might be positive
on it, you may be negative on it, but you
got to admit things are changing. It's like, did you
know that this is where your money was going? Did
you know that? And the people who are opposed to

(05:22):
finding out That's what I don't get. That's what I
don't get. It's like, you pay taxes, you do to this,
you do to that, you do whatever it is, You
jump through all their hoops, right, you do all that,
and some people are angry about finding out where the
money went. They're like really upset, Oh no, I didn't
want to know that my tax dollars were going for this,

(05:44):
that and the other thing. Not that they're upset that
they went there, that you're finding out. It's like and
people say, oh, well, you're working with government programs, You're done, right,
I am all day long. That's a big part of
what we do is working with federal programs that provide
for long term care. Right. See, there's federal program that

(06:08):
provide for income social security. Right, Well, why is it
okay for you to take out of Social Security because
you paid in for you know, seventy years whatever. You know,
that's why it's okay. You paid in, you take out,
and that seems fair. And then why do we have Medicare?

(06:30):
You know, how does Medicare work? Well? You pay in,
you take out. Okay. You seeing a pattern here for
the American middle class. You know, this is just common sense,
common sense planning for the Michigan middle class. That's all
I'm about. But the government deal is different when it
comes to long term care. You can pay in and

(06:50):
pay in and pay and own. By the way, By
the way, there are people who are taken out of
Medicare who did not pay in. There are people who
are taking out of Social Security who paid in not
what they're taking out, but very very little. You know,
got disability in the first six months, what have you. Okay,
So there are people who are taken out of those
systems that you're paying into, and they're taken out without

(07:15):
having paid it. Now, the worst of these is the
whole Medicaid thing. And Medicaid is I don't know how
many different programs. They've got dozens and dozens. I'm sure,
over one hundred. I know that we deal with like
forty year. We counted them up, like forty five. Different aspect,
different programs, you know, you might say, and maybe it's

(07:36):
just parts of programs, but different sets of rules. Right,
But we're a primary focus is on the whole long
term care thing, the whole long term care thing. And
with Social Security, they don't check your bank statement before
you get your Social Security. No, you paid in, you
take out. With Medicare, they don't check, you know, Oh

(07:56):
do you have a cottage, Oh you have an extra
lot store. Oh you have this, and that you have
an IRA. You don't qualify for Medicare because you have
an IR. No, they don't do that. It would be ridiculous.
Why because you paid in, you take out, right, I mean,
Jeff Bezos is in paying in hardly at all. Right,

(08:19):
People on the other side are taking You're not paying in,
but you are. I'm not getting this. I'm not under
So when it comes to long term care, though, the
story is different. You paid in, just like you paid
for Social Security, just like you paid for Medicare. But
now if you want to take it out, oh, well,
how much money did you have in the bang, Oh

(08:40):
that's too much. Oh you've got an IRA. Oh you
don't qualify. Oh you actually got a pension. You're one
of those few people still got a pension. Oh, now
you don't qualify for this. On and on and on. Okay,
and if you plan ahead, because they wrote the rules.
I didn't write the rules. They wrote the rules. How
you qualify for this stuff? As a matter of fact,

(09:02):
as a matter of twenty years practice, you can. You
can retain what you have earned and qualify for the
long term care. People. So I don't need long term care,
I say, well, that's not what the NIH says, a
NIH says, and go look it up yourself. I'm not
gonna repeat it. Look it up long term care dot gov.

(09:23):
Look at what they say it costs for long term
care and how much you're gonna needn't don't believe me.
Go look at long term care all wooden words. Push
it together dot gov. It's a website put out by
the National Institute of Health, and it tells you're right
there what you can expect, and it's worse than you
can imagine. But do the research, right, do the research.

(09:47):
It's not hard. It's right there, right don't believe me.
I don't want you to believe me, don't trust me, whatever,
But what we do, and that is where I do
want you to trust me. Don't trust me on that one,
whether it's really a problem. But the question is can
we fix the problem? Right? Can we make sure that
you hang on to what you've built up over your lifetime?

(10:09):
The answer to that is yes, we can. Now is
it easy like social security? Is it easy like medicare? No,
it isn't. Why isn't it Why Because they want your money,
because you're going to be voting and you'll vote the
bums out if they tinker with social security. You don't
even know about this thing, and you're not gonna know
about it until it's too late to do anything about it.

(10:32):
Because and again in ih three years of average is
skill care? Right? Well, when you need skill care, which
is what Medicaid pays for, right when you need that,
you're not thinking about voting anymore. You know, on average
three years twenty percent five years or more, and it's
the last five years, so there is no there's no recourse,

(10:53):
there's no voter recourse. We're finding out now that voting
actually matters. It can make a change. What if you couldn't.
That's the thing. I've been listening to the David Carrier Show.
I'm David Carrier, your family's personal attorney.

Speaker 1 (11:21):
She can kill with the smile, she can would This
hour of the David Carrier Show is pro bono, So
call in now at seven seven twenty four, twenty four.
This is the David Carrier Show.

Speaker 2 (11:34):
What she wants to Welcome back to the David Carrier Show.
I'm David Carrier, your family's personal attorney. You know some
people oh, six one six seven seven four kind of
remember this stuff. You know. See, if I did this
for a living, this radio stuff, then I remember this
all the time and I keep doing it. But I

(11:55):
you know, it's just a twenty year gig for me anyway.
Six one, six seven seven four or twenty four twenty four.
That's six one, six seven seventy four, twenty four twenty four.
To get your question, comment or concern on the air,
Wills trust, probate, long term care retirement law. That's what
it's all about, right, How do we make sure that
you don't go broke in retirement? How do we make

(12:17):
sure that you thread the needle? You know, are you
finding out that the federal government's doing stuff that you
never imagine? I do you know? That's one of the
that's one of the things that you have to one
of the humps that you have to get over when
we're talking about this whole long term care stuff, right,
because people think, oh, it couldn't possibly be that way.
It couldn't possibly be that way. Right. Oh, you're you're

(12:38):
making it more complicated than it has to be. I
get that. I get that. I mean people say that
to me, right, Oh, it's not so bad. It's like, oh, okay,
you still believe that, do you? I know, nobody reads
the newspapers anymore because there aren't any more newspapers. But
I mean, do you see the online stuff? Do you
see the online stuff? Is or anything the government won't do?

(13:01):
That's anything that they would do that would surprise you anymore?
Are you kidding me? Oh? And by the way, you know,
they get all these people saying, oh and unelucted whatever whatever. Hey,
the whole doze thing, right, the whole doze thing. It's
an agency created by the Obama administration, Okay, and it

(13:22):
was set up so that it couldn't be interfered with
by Congress. That's how Obama did it, right. The idea
was this was going to be his control throughout the ages, right,
his little thing insulated from Congress. And you know the
problem with the problem with a gun is it can

(13:45):
be pointed both ways. Right. It's a poor weapon that
can't be turned on ya. So you got to be
This is what some people in politics just don't understand.
I guess they think, Oh, if we do it and
get away with it, then will never be out of
power again? Will never you know, nothing battle ever happened
to us. Who was it that destroyed the filibuster? Who

(14:07):
was it that did this thing with the judges? Who
did all this stuff? And then it's like, oh, you're
turning this stuff that we did against us. That's why,
that's why the legislative foundation, the statutory foundation for all
the stuff that's coming out. You hear people crying about it.
I get that, but it's kind of rock solid because Obama,

(14:30):
the Obama administration, I don't know, I assume he knew
about it. You know, created this, created this thing. Now
they renamed it before they called it the United States
Digital Service, United States Digital Service, and the idea was
it was going to coordinate computers throughout the entire federal government.

(14:50):
All right, and it's funded, it's staffed, it's as legal
as the day is long, right, the United States Digital Service.
So now they're call the same they kept the they
kept the uh, the same acronym USDs. Now they're calling
the United States doge Service. It's pretty funny. But but

(15:13):
there's no way they can attack it because the mandate
congressional mandate for this organization is universal. It's against all
government agencies, against the digital assets that they've got. Okay,
So when the next time somebody tells you, oh, this
is unconstitutional or oh there's a constitutional cris there ain't
no constitutional crisis. Sorry, sorry, if there was one. You know,

(15:40):
we didn't notice it when during Obama's administration, we didn't
notice it, you know, during Biden. It's it's the same agency. Okay.
So it's really it's really pretty you know, it's exactly
what it's supposed to be for the last ten years

(16:01):
eleven years now. Right. So when people get all in
a flutter about this stuff, this is why let me,
you know, people challenge me a lot. It's like, oh, well,
how come my financial planner doesn't tell me this stuff?
Or how come my estate planner doesn't tell me this stuff?
Or why don't other lawyers do this? Or you know
things like that. I mean, like, what is so different

(16:22):
about the approach that we take and why don't other
people take this approach? And I think what's going on
right now with this whole doge thing is a perfect
example of why. What's here's the idea? People have opinions.

(16:42):
People repeat what they've heard, Lawyers repeat what they've heard. Okay,
they don't actually read the law. They just repeat what
they've heard, or they go to a seminar and they
repeat what's in the seminar, or they don't read all
of the stuff. They read part of this stuff. And
when they're happy that they found something that agrees with them, right,

(17:05):
that agrees with them, they think the job is done.
It doesn't work that way. Okay, there's a lot of
law out there. You actually have to read it. Okay,
they actually have to. I was some of you know,
we're doing this red wagon club idea, right, which is
how do we make sure that people's stuff stays up

(17:28):
to date and all that. There's a philosophy to it okay,
And and the new franchisees are like, well, how do
we you know, how do we make sure you know?
Where's the best way to start learning about this stuff? Okay,
that's what they asked me. And my only answer is, well,
listen to me, of course, because I'm always right about everything.

(17:48):
That that's part of the answer. But the real answer
is go back to your state, because it's all different states, right,
go back to your state and read the law. Well,
is there a reporter, is there, is there a treatise
or a read the law? You got to read the law.

(18:09):
What does the law actually say. It's amazing what the
law actually says and how different it is what it
actually says then what everybody says. It says okay, because
one person says something that somebody else accepts as authoritative
and they just pass it on and pass it on
and pass it on. Right, it's the whole chicken little

(18:31):
The sky is falling right before you know what everybody
thinks the sky is. No, it isn't. The false. That's
like Mark Twain said about a lie goes around the
world before the truth gets its boots on. Well, that
happens a lot, Okay, it's happening right now. You can
see it playing out on the big screen right with
what's going on with this whole you know, looking into

(18:53):
government and stuff like that. What they don't tell you
is the agency that's doing it, the legal found foundation
for doing it, originated with Obama, and it has been
actively operating for the last eleven years doing this job.
It's just that now the job is getting done. Now
the job is actually getting done. Okay, it's like, but

(19:18):
you can't. But it's the same way with the long
term care stuff that we do. Oh well, how do
you save the cottage? How do you save the IRA?
How do you do this? How do you do that? Well,
you read the law first. You got to read what
does the law say? What does the law actually allow
you to do? And to the great surprise of an
awful lot of people who are like offended and that's

(19:40):
the other thing, oh offended. Oh well, wait a minute,
I didn't think it meant that. And instead of like
reading it and realizing that it does say that, they
get offended. You know. But if you're if you're wondering
what we're what kind of cultural or legalist? I don't
know what the thing is, you know, of world historical

(20:01):
moment we're going through. We're going through a period where
people are realizing what they thought was true isn't actually true.
It isn't true that the government spends your money wisely.
It isn't true that every tax dollar goes for good things.
There's all kinds of stuff that's coming out because people
are finally looking at the reality, and it's very difficult,

(20:23):
very difficult. You can see it very difficult for a
lot of people to accept the truth. But that's what
this law practice, That's what the whole retirement law thing
is based on. What it's like. Why don't we read
the rules and find out what we can actually do.
You've been listening to the David Carriers Show. I'm David Carrier,
your family's personal attorney. Cry you call it down.

Speaker 1 (21:00):
David's got the how too you're looking for? We just
call seven four. This is the David Carrier Show show.

Speaker 2 (21:11):
I don't know much better. My past is something that
never got in my way stand I would not.

Speaker 1 (21:22):
Be here now, but never have the.

Speaker 2 (21:24):
Whole Welcome back to the David Carrier Show. I you
know this is the radio show of course, where the
where the Bumper Music is almost always better than the
show itself. As I have said before, and we'll say again,
hard to admit, easy to observe. You know, it wouldn't
be nice if we could just spend the two hours

(21:44):
with Billy, Joel or any of the rest of the
of our featured Bumper Music artists. Yes, it would too bad. Sorry,
I apologize, but I'm insincere in my apology because I'll
keep doing it anyway. The way, six one, six seven seven,
twenty four, twenty four. That's the number to call if

(22:04):
you'd like to get your question, comment or concern on
the air. This is where we talk about retirement law
for people who have retired, want to retire, think about retiring,
wish they had retired, which they had retired differently than
they did. You know, what we see a lot of
is really a shame. We see a lot of folks who,
without specifying any particular industries, but there's one in particular,

(22:28):
that they retire and within three years they're gone, right
because the job was so much of what they were doing.
I guess I don't know. It's hard to it's hard
to generalize obviously, but and maybe it's just anecdotal. It
just seems that way that that there are certain industries
where where the job was so much of what they

(22:51):
were doing, right, and I don't mean professional job, I
mean line work that you really need to be thinking
planning more for retirement because so many people, so many
people put so much of their hope, streams and aspirations
whatever in retirement. Right, Like I've worked thirty years here,
can't wait to retire, I can't wait. We're working for

(23:12):
the retirement, working for the retirement, and then the retirement happens.
And their whole social structure was based on the job, right.
That's where their friends were, That's where they went bowling,
midnight bowl whatever, you know, the early morning stuff that
people all kinds of stuff. And you really need to
if you haven't retired, if you haven't retired, have not retired,

(23:37):
then you need to be thinking about this before you do.
If you have retired, then don't well you know what
I'm talking about, if you've already retired, But my encouragement
to you would be go out and find that new stuff.
This red wagon club that we're doing. Okay, The whole
idea behind it is that people have been associating with

(23:58):
other people, right, come together in groups, social groups. And
if you want to want to look in the fossil record,
you know, you want to go back to three hundred
million years ago. People have been relating, not people. But
back then it was just the animals. You can still
see it today, you know, they people are in groups.

(24:19):
We're social beings, social animals. Okay, they say human beings
have been around three hundred thousand, two hundred thousand years
something like that, right, Well, English language developed about five
hundred eighty, is they're what they're thinking to a bunch
of Germans moved to Britain and developed English language. I
don't know if it's true or not. I read it,

(24:41):
so that's what I do. I read stuff anyway. So
seven hundred years after that, we had the beginning of
English common law, the idea that individuals had rights, individuals
could own property like that, it didn't belong to the tribe,
didn't everything, didn't belong to the government, to the king,
the emperor, whoever. People actually had rights and stuff. And yeah, yeah,

(25:04):
I know there's different theories about that, but the point
is I'm talking about our legal tradition, right, probably about
twelve hundred and fifteen hundred AD is when those things
started to become a thing, right, where people had more
stuff and it was theirs, the individual rights, the whole

(25:25):
legal system, all that.

Speaker 1 (25:26):
Right.

Speaker 2 (25:27):
It hasn't been that long, this is my point. It
hasn't been that long that we've had these legal trusts
and wills and powers of attorney and all the rest
of the stuff. But we have been relating to one another. Right,
if you want to look at you know, if you
believe in evolution, you don't believe in evolution, it's up
to you. But if you look animals, creatures, God's creatures

(25:50):
have been relating to each other for hundreds of millions
of years. We've only been around for a few hundred
thousand years, a couple hundred thousand years, not that long.
And we've always worked together. We've always cooperated, Okay, we've
always come together. And so when we have a system
where yeah, we come together in the work life and

(26:10):
then at quote unquote retirement, now our social structures are gone.
It's like we've been kicked out of the herd. What
are we going to do? What are we supposed to do? Right?
It leaves a huge void and the way we used
to supplant that was bowling leagues and boy Scouts and
all kinds of stuff. And those things still exist to
some extent churches, right, but to a much lesser extent.

(26:33):
And that's the point. That's a big part of the
point of the Red Wagon Club. Is it a legal
based thing? Yeah, yeah, yeah, it is. It is, Okay,
it is. And we've only had the English common law
for what seven hundred years out of the hundreds of
thousands of years that human beings have been relating to
each other. We've only had these particular legal situation for
a very short period of time. And if you want

(26:56):
to be, you know, brutally honest about it, we've only
really had a middle class that had to worry about
this stuff since World War Two, since the fifties, maybe
fifty years, sixty seventy years, eighty years. You know, it
hasn't been that long, right that regular people had to
have any concern whatsoever about wills and trusts and powers

(27:17):
of attorney and all the rest of this stuff. Very
very short period of time. But people have been getting together, right,
sharing concerns for a very long period of time. It's
very fundamental This whole legal stuff is not even a
skim of frosting on the cake if. I don't know
if that analogy works, but you know, it's a very

(27:41):
small part of who we are as creatures, as human beings,
as you know, people in society relating to each other.
This legal stuff is pretty thin, okay, and so and so.
How do we get people engaged in that? That's that's
a universal question, right, because people don't do this stuff.

(28:02):
People don't write their wills. Most people don't have a will.
Most people don't have a state plan. I've talked to
multi millionaires. Oh yeah, I'll get around to that someday.
Or this is worse. Or they go to dinner at
the fancy steakhouse and they get a two hundred and
fifty dollars plan, which you'd be embarrassed to have a
janitor sign. Right, don't do anything. It's absolutely awful the

(28:25):
degree to which people have lous the estate plans for
no other reason, and this is what I think, for
no other reason. Then we're used to congregating, we're used
to coming together, being in society, cooperating with one another.
What we're not used to is this whole idea that
legal stuff is going to have such an impact on
us and on our family, our tribe or whatever you

(28:48):
want to call it, family unit going forward. Okay, that's
what the Red Wagon Club is designed for. It taps
into the desire of people to relate to one another,
people who are like one another, like to come together.
And how are people most importantly similar to one another?
And it ain't raised color, creed, national origin, blah blah

(29:10):
blah blah. It ain't that. It's the values that you
live on day to day. It's the I'm taking care
of my family. I believe in keeping my word, I
believe in doing good things. I believe in relating to
other people. I'm not going to take advantage of other people.
I'm going to be honest. You know. It's the boy

(29:31):
Scouts have the Scout Law, which I think sums it
up pretty nicely. It's eleven ideas, you know, trustworthy, loyal, helpful, friendly, courteous, kind, obedient, cheerful, thrifty, thrifty, brave, clean,
and reverend. I guess that's twelve. Anyway. The point is
I've been saying that since I was a little kid,

(29:52):
right I still do, you know, at the weekly Scout meetings,
we go through the Scout law. That's the that's the
commun unity that comes together and has nothing to do
with how much you have, or what you believe the
afterlife to be, or any of the rest of it.
It's all a way to relate to one another, Okay.
And that's what this Red Wagon Club is. It's a

(30:13):
way to be together with people who believe the same
sorts of things that you do and make sure that
your plans are realized. And that's a difference we'll talk
about a little bit more later. You've been listening to
the David Carrier Show. I'm David Carrier, your family's personal attorneys.

Speaker 1 (30:56):
David's working and working and taking your calls. Now, this
is the David Carrier Show.

Speaker 2 (31:04):
Welcome back to the David Carrier Show. I'm David Carrier,
your family's personal attorney. Let's knock out some of these
quick hits there. What to do is mom's p DPOA
about her finance's stepdad, Mom and myself on bank accounts.
I am Mom's DPOA, stepdad emptied accounts and open new
with only him. Okay, maybe this is why we don't

(31:28):
do things like this, eh, eh, because this is perfectly legal.
Now I have no access to funds for my mom. Correct.
I've asked for half to be returned to the original
account in case emergency arises and I need to get
money for her. If he reviews is, do I have
any legal options?

Speaker 1 (31:44):
Not?

Speaker 2 (31:45):
Really? Not really. A joint account means everybody has equal
access to it, to all of it. That's what it is.
That's why you set them up like that, because you
trust everybody to have equal access. That's the deal, okay.
And what it means is if somebody wants to empty
the account, then they can empty the account. It's joint ownership,

(32:09):
joint end, several ownership. You're screwed. Sorry, see you later.
Blame whoever it was that told you to do it
like this. You should have done it like this. It's
not a good not a good look. Can any doctor
declare someone competent or incompetent? Hello, my mom had a
stroke in June. She's unfortunate, long term care, needing more
care and give her a loan. Okay, fine, trying to

(32:30):
protect mom from the facility. What what do you mean
protect from the facility? What are you afraid she's going
to do? They are going to take money, you know, right,
and doesn't want them taking guardianship of her against mine
and her wishes. Well, I don't know she trusted you
to do that. I guess that's okay. I was told
that only their doctors can declare her competent or incompital.

(32:51):
That's not true. This doesn't sound right to me. No,
that's not true. I mean you can have other doctors
do that. She has an amazing neurologist that's been treating
her since she had the stroke. I didn't know she
had a stroke. Okay, there is Can he evaluate her? Sure?
I feel he's more qualified. He need to get a
POA if she's competent or guardianship if she's not, that's correct,
And if it's really an issue, right then you might

(33:11):
go for the guardianship. This is why you should have
done it. When you listen to the radio show two
years ago or five years ago or ten years ago,
and not waiting until mom has had a stroke and
she's in long term care and you can't provide the care,
what are you thinking, at the very least get the
DPOA at the very least. Now you know, here's the

(33:34):
problem with me. Saying that, and I just had it
happened this past week. Then people say, well, I'll get
a DPOA. Then I've done something I said the least,
not the most, not the great thing. Let's see what
should I do. If I'm the administrator my dad's estate,
sister is the trustee. My dad died five years ago.

(33:57):
I'm the administrator of the estate, but sister is the trustee.
What what does that even mean? Maybe it means that
he's the administrator executor under the will, but she runs
the trust. Now the question is where's the money. He
had a house, his brother and he both passed at
my grandparents' house. My cousin still lives in my grandparent's house,
not looking to leave. Sister sold dad's house and gave

(34:19):
us our portion. I wasn't informed what to do with
this title. What am I responsible to do? Well, you
give it to your sister who's the trustee, right, Because
apparently now what the cousin, who I guess is the
deceased uncle's kid, right, is still living in the house.
Maybe he inherited his dad's share, right. And it doesn't

(34:41):
say how they had the parent's house if they had
it as joint tenants, and your dad survived his brother, well,
then you own it, evict the cousin, sell the house,
distribute the proceeds. If they had it jointly, which unfortunately
it probably did, then excuse me. If they had it
as tenants in common, then each one owns half of

(35:04):
the house, and you can still move for partition and
evict your nephew. There's your cousin. There are things that
can be done about it, but they're all messy and
should have been avoided. Isn't that amazing? How most of these? Oh,
here we go. How can I locate the will? House
I live in my mother's name? In her name only.
I was in the process of her had and signed

(35:25):
the deed of trust over to me. Then COVID hit
in twenty twenty. Okay, that was five years ago. Meanwhile,
she developed dementia and died two years ago. My father
died six years ago. Brother and sister lived in the
family home, which is fine with me, and in another
I want no interest at all in that home. I
need to get this home into my name so I
can obtain a home loan to do improvements. Blah blah

(35:47):
blah blah, blah, wish, no ill will, barely making it.
I helped them out. I guess there are two houses,
but they can't find the will. Okay, so just open
a probated state without the will. Just go to probate
court and say, hey can't find the will. Right If
your brother and sister who living in the other house,
the dilapidated house, are willing to go along with it,

(36:09):
that's wonderful. You're all good to go, don't You don't
actually need the will because the laws of intestacy will
govern that. But you but it's been years now since
mom died, many years since dad died. Get on with it,
and you're like, oh, I'm not going to be able
to get a home loan without you know, you've got
other problems in that. You know you need to update

(36:30):
the taxes and all the rest, but you didn't do
that either. This is a great one. Is there an
average attorney fee to have a person declared incompetent mother
has dementia being admitted to nursing home. No, it just
depends what do you need to do. Will the doctors
at the nursing home certifice she's incompetent? Do you need
to go to probate court. How easy will that be?

(36:51):
What's the family like? What's the property?

Speaker 1 (36:54):
Like?

Speaker 2 (36:54):
What kind of investigation are you going to have to do?
There's a million, there's a million things, so say average.
It's like everybody wants to know that. I don't blame them.
I mean I would like to know that too, But
but what exactly what exactly the deal is? Who knows?
Does a you know? So you can't You can't really say.
You just need to get there, dig into it. Facts

(37:16):
are facts are messy things. Facts are messy law. Fortunately
that's all written down. You can know that. But what
you can't know are the facts and how the law
applies to the facts. And that gets you know, everybody
wants to know how much it costs? Like, I don't
blame them, you know, but you tried doing things on
a fixed fee basis. People don't like that either, So

(37:38):
woe is me? Right? Whoa poor lawyers? Does a beneficiary
always override the beneficiaries? In the last will and testament,
mother designated brother on bank account pension, you know, eighteen
years ago, twenty years ago. A few years later they
became a strange from her from her son. I guess right,

(37:59):
and then again, many years later, created actual will and testament,
think it likely likely, thinking like who knows that it
would override anything she'd done previously. In this document, she
specifically names my brother's three kids as the beneficiary to
the named accounts. She leaves instructions that neither my brother

(38:20):
nor I should receive anything more than a dollar each.
Tough luck if mom in twenty years didn't take brother off.
This is the same question we had before. Right, If
you own an account, you own the account. If you're
a beneficiary, you're a beneficiary. Now there's a little bit
of changes with divorce because people get divorced and leave
each other on their life insurance. Go figure that one, Okay,

(38:44):
While the law presumes that if you got divorced, then
you didn't really mean to make them beneficiary life insurance
or what do you call in the will? You know
to presume that you disinherited them in the will. But
you know, I might be wrong about the life insurance.
I think the life insurance might actually carry on, but shouldn't. Anyway,

(39:08):
there you go, let's see how can I locate it? Will?
We talked about that, just trying to get you some
quick hits here. How can you undo a quick claim deed?
My mom signed a quick claim deed when she's been
diagnosed with moderate dementia. No POA. I'm her daughter, I
take care of her. She does her own banking, can
do it for herself. I just don't know if it

(39:29):
can be undone. Well, whoever received the property can undo it,
you know when I first afforded. I guess we're all
done here. You've been listening to the David Carrier Show.
I'm David Carrier, encouraging you to visit the website Davidcarrier
Law dot com. We've got some new stuff on the website,
a new thing where you can actually interact. I mean,

(39:49):
I actually gives you very good answers for stuff, substantism
stuff at least as good as you know. The robot
is at least as good as I am, probably better,
easy to observe, hard to admit. I'm David Carrier. Your
family's personal attorney. Like to see you at a three
secrets workshop. Just go to the website David Carrier Law. Doctor.

Speaker 1 (40:10):
You've been listening to the David Carrier Show. A lively
discussion addressing your questions and concerns, but not legal advice.
There is a big difference, so when making decisions that
affect 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

(40:32):
visit Davidcarrier law dot com.