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 a place
where we talk about a state planning, elder law, real estate,
and what's that other one? Oh yeah, business law. So
if you have a question in comment or concern, you know,
if you've been you saw a movie and say, can
they really do that? Can they really do that? Like
(00:42):
if it's a legal sort of thing, you think, does
it really work like that? Or if somebody tells you
something you know and you're wondering, jeez hum, seems unlikely. Well,
give us a call six one six seven some of
them four twenty four twenty four. That's sixty one six
seven some of them four twenty four twenty four. We'll
get your question, comment or concern on the air. That's right,
(01:05):
very easy to do. Just give us a shout and
and that's if it's about wills, trusts or probate. You know,
people have a lot of ideas about what it means
to do a ladybird deed or or a will or
a trust. And you know how bad is probate? Really?
Oh my goodness, thumbscrews and you know, bamboo under the
fingernails aren't. Oh, it's much much worse. Oh, it's so terrible.
(01:29):
That's not that terrible. But but why would you put
yourself through it if you could avoid it? You know,
that's the question. So, I mean, it's like washing dishes
or washing dishes? Is that terrible? Well, you don't want
to do it. That's why we all have dishwashers, right,
So you know, even if something isn't you know, it's
even if it's not torture, I don't understand why you
(01:51):
would want to do it anyway. I mean, it is
like I talk to folks about. You know, this whole
long term care thing is a big deal for us
middle class people go broke. Pay him for nursing home care,
pay them for long term care, and they've already paid
for it. It's like saying, oh, no, I don't want
my Social Security No, no, no, no, you keep that.
I saved. You know, I can always sell my cottage. Serious,
(02:15):
this is what's going on. It's like, oh no, I
don't want my Social Security Oh no, I get it.
Every paycheck FIKA came out. Every every time I earned
a nickel, fifteen point three percent of it went to
pay for this stuff. But that's okay, you guys keep it.
You need it more than I do. Same way with medicare, right,
I mean, if you need if you need a kidney
(02:39):
or a liver, or a knee or cataracts or what
have you, right do you say, oh no, I can
pay for that myself. I've got you know, I've got
my four oh one k Yeah, I'll just take it
out of the I'll just take it out of the
vacation fund. Really, yeah, my kids don't need the money.
(03:00):
My kids, they're all they're also super wealthy that anything
I left them would be superfluous. That's a big word.
Superfluous wouldn't mean anything to them, right. So, I mean,
this philosophy to me is just you know, I gotta
tell you. I really here's how I understand when people
tell me that, When people say, oh you know, yeah,
(03:22):
I already paid for long term care, already paid for it.
I get it. That's my fight. That's like, so security,
it's like medicare. But you know, I don't really I
don't really care about that. That's that's fine. My kids
are doing fine. And what I hear there is is
not I mean, because that's not rational. Can we all
(03:43):
agree on that, right? Would you? Is there anybody here
who didn't take their Social Security or who isn't planning to? Right?
I mean, what's the big what's the big problem? People
are like, oh, no, you know, so security might not
be there. So security is going to be there, okay.
I mean the things that people worry about are sometimes oh,
(04:04):
we're so excut me. Of course it'll be there. Of
course it'll be there, So we'll medicare. Medicare will be there.
How do you know? Because it's the top priority, it's
the most important thing they spend money on. All kinds
of craziness that if they didn't spend the money on
those things, right, if they didn't spend the money on
those things, right, you wouldn't notice, you wouldn't do anything
(04:28):
about it. Right. The fact of the matter is, we
give them so much money and I mean the politicians
we give the people in Congress and DC and all that,
we give them so much money, so much money you
could cover everything you wanted to do and have leftover.
The idea that we're in deficit just tells you you're
(04:48):
spending money on stuff you have no clue about. And
when you find out about it, when you find out
about it, I mean, just think about this dose stuff. Right,
when you find out about what they're actually spending your
mone honey on, it freaks out. Now do you think
if you're if you're a senator, congressman, congress person, excuse
him one, right, would you vote for some of the
(05:12):
craziness that they're spending the money on or Social Security
if it came down to it, right, if it really mattered,
if you're really had, Oh, we're really out of money,
really really really really really out of money. We're down
to what we can actually bring in, which is to them,
it's the same thing if we can only spend what
(05:32):
we take in. Wouldn't that force them to do some prioritization,
like you prioritize stuff, right, I'm gonna pay the mortgage first.
I gotta pay the rent first, and then I'll pay
the heating bill and then I'll buy some groceries. And
they did it. And you go through those things and
don't forget the gasoline for the car. And when it's
all done, then you say, well, you know, I'll spend
(05:54):
it on, you know, my miniature collection of Star Wars figures,
which I don't have. But if I did, you know
what I mean, right, I mean, you do the first
things first. The problem, the problem with the politicians is
there's no first things first because there's no limit on
how much money they can they can borrow, which is
how we're twenty seven trillion dollars in debt. Right. If
(06:18):
you had a never ending credit card, well you'd be fine,
but think about your kids or your neighbors. Oh my goodness,
they'd be grazty. It'd be crazy. But that's where we're
at now. When it comes right down to it, right,
let's assume the credit card gets cut up. Let's assume
we can't spend any more crazy money. Oh and by
the way, when you go through your kids credit card
bill and you realize what they've been spending on, it
(06:39):
totally freaks out. Oh you can't look at that. Oh
you always let me buy my whatever the hell was right,
you always let me do that, Therefore you have to
keep on, let me do that forever. Really is that?
How is that how that works? I don't think it is.
I don't think so. I don't think that's how it works.
(07:01):
But that is how it works in the government, Right,
you got judges telling people, oh, just because you got
your pocket, you got your hand in our pocket, right,
you get to keep it there forever. Fortunately, you know,
a lot of these judges' decisions get up to courts
of appeals and get thrown out. And now the Supreme
Court is all po that the lord judges aren't following them.
(07:23):
I mean, it's interesting. We're at an interesting time in
the judicial system where judges are just thumbing their nose
at the Supreme Court and the Supreme Court is slamming back.
It's an interesting time, very interesting time from a legal perspective.
But anyway, don't worry about soci security. Don't worry about many.
They will raffle off the last nuclear submarine. They'll raffle
(07:44):
it off right before they cut yourself security. Because you
won't care about the submarine. You will care about your
social security. And I say relatively right, courts, you care
about the submarines. We've got to have the best and
everything else. Shure we do. Sure, do we really have
to put on stage shows in other countries to push
dubious social doctrines? I don't know. Maybe maybe not. Maybe
(08:09):
there's some priorities around here somewhere. Okay, that's the problem.
That's the problem we got right now. We don't have
a revenue problem. You understand this, right. We don't have
a problem with social security. We are a problem with
giving it to too many people who didn't earn it.
We do have that problem. We over committed it because
it looks like a pile of money, and Congress likes
nothing better than when it sees a pile of money
than to spend it, which is what they've been doing
(08:30):
really since the sixties sixty said, I mean, they just
keep expanding it and making more people eligible because it
makes some people happy, gets them votes. Right, Well, what
if all of a sudden their votes were contingent on
making you happy, Well, maybe soci security wouldn't be going broke. Okay,
So don't worry about your SOLFI security, don't worry about medicare,
it's going to be there because you'll vote them out
(08:52):
if it isn't. And that applies to very little else.
You will let them do craziness. Craziness, but it doesn't
affect you, or at least you don't understand how it
affects you, right, because it's too difficult because they do
that on purpose, so you can't understand how it really
affects you. I'm just telling you this how DC works, right.
(09:14):
So it's also confusing and saying, ah, I just got
to keep working, pay more taxes. Sure, why not? But listen,
soci security is going to be there, medicare are going
to be there, Medicaid is going to be there. And
because it is going to be there because you voted
for it, because you earned it, because you paid for it, right,
then you should get it. That's just the fundamental that
(09:37):
is my fundamental philosophical premise that stuff. That's the rock
on which I stand is that people who pay for
stuff should get the stuff they paid for. Now, if
you want to give off some to other people and
social contract and all the rest of it, I'm not
opposed to that within reason, within reason, right, But why
(09:57):
do we have so many multimillionaire government employees there looking
into that. Now, you know, why do we have so
many multi millionaire government employee How did that happen? All right, well,
I guess we're gonna we're gonna find that out too.
But in the meantime, let not your heart be troubled,
because your social Security is going to be there. So's
your Medicare, so's your Medicaid. Don't even begin to worry
(10:20):
about even listening to The David Carrier Show. I'm David Carrier,
your family's personal attorney.
Speaker 1 (10:26):
This hour of the David Carrier Show is pro bono,
so call in now at seven seven four twenty four
to twenty four. This is the David Carrier Show.
Speaker 2 (10:39):
Welcome back to the David Carrier Show. I'm David Carrier,
your family's personal attorney. Trying to get my courage up,
that's for sure. Thank you. Bob Seeker there, it's Liver
Boola band. You gotta love that guy anyway. Sixty one
six seven seven four twenty four twenty four. That's the
number to call, sixty one six seven seven four twenty
four for now. Listen. If you don't want to call
(11:01):
on the radio, I get it. You don't want to
for my feelings. But here's an alternative, something that you
can do anytime, anytime you like. And let's go to
the website Davidcarrier Law dot com. That's David Carrier Law
dot com. And on the website there's all kinds of
great stuff. But one of the coolest things on the website,
(11:25):
it really is kind of neat, is this artificial intelligence
bot that pops up. Okay, now here's why you need to.
You don't need to, but it would not be a
bad idea if you go on over there and just
ask you a question or something and it will. Now
it's not legal advice. Very important to say that it's
(11:45):
not legal advice. Okay, With any luck, attorneys will make
sure that AI never replaces us. Right, We've been pretty
good about that so far. But it's it's intended to
be interesting, an interesting common versation, just like a radio show.
Answer is what you get, right. It's not specific to
your unique needs simply because we don't know what all
(12:07):
your unique needs are. The only way you can figure
that one out is by giving me a call at
six one six seven se them four twenty four twenty four.
That's six one six seven some of them four twenty four,
twenty four. That'll get you through the switchboard and you
can we talk right now. Go to the website. There's
numbers on the website. I'm not gonna give you too
many numbers Davidcarrier Law dot com. But the key is
(12:32):
on the website is this little uh And it's not
just a oh, you got to talk to one of
our folks. No, it's not like that. It'll actually give
you based on things I've written, things I've said, all
the rest. It'll give you some pretty good ideas on
pretty good answers to your questions. Okay, they're not again,
(12:53):
they're not legal advice, but it'll steer you in the
in the right direction. So and we just a graded
it again. That's the thing with this AI stuff, you know,
it's like every week you get another something else changes
and gets better and all the rest. And so it's
it's actually a little more conversational now than it used to.
It was pretty good before. And you can even click
(13:15):
there's a thing you can click on right and I'll
talk to you if you have a you know, if
you have a microphone and camera on your on your
computer there or on your cell phone. You know, if
you want to talk to it'll actually talk to you.
It's crazy anyway, brave new world that we're living in.
Six one, six, seven, seven four, twenty four, twenty four.
That's the number to call. Now. This is what I
(13:37):
call the good Samaritan problem. And we have this happen
you know quite a bit of the time of these
people concerned about this. So let me let me read
this to you. Would we be responsible? Question mark? Our
friend lives as independently as possible, elderly disabled, has some
brain damage from injuries and stroke, doesn't drive, doesn't know
how to use a checkbook. Although we have no illegal
(13:57):
or familial times to him. We write monthly checks utility
bills from our account and he reimburses us in cash
when he gets his disability check every month. He stays
rent free as a caretaker at a small house we
own because of our helping him live as independently as now,
these people are really going the extra mile, you get that,
I mean, this is really I mean it's not unusual
(14:19):
for people to help other folks with their checking account
and this and that that's possible that that does happen,
But to this extent. You know, they've got a house
that actually have a little house that they can let
him live in. And you know he's taking care of
him because of our helping him live as independently as possible.
(14:39):
Might we in some odd way, it's not going to
be odd. We'll be responsible for paying for his care
should he need to be placed in a care facility
in the future. He has no other family, he doesn't
know if he's on Medicare or whatever that would cover
a placement for him. He only remembers he gets so
security and disability. Thank you. Here's the problem with this.
(15:00):
It's very easy, very easy to run a foul of
the Medicaid rules. And that's what's happening here. Okay, so
you're letting them stay in a place. They don't care
about that. You're paying his bills. They don't care about
that he's paying you. Whoa wait a second, now we
start to care. Okay, Now, at least the good news
(15:21):
is at least he's paying you in cash. So it's
hard to trace. What a horrible thing to say, right,
Oh good, you might get away with this. Here's the problem.
Here's the problem. You have no legal obligation to do
this so he doesn't owe you the money, because he
doesn't owe you the money when he pays you the
(15:42):
money to reimburse you. I get it. He's reimbursing you
when he reimburses you for this, right, it's a gift.
It's a divestment. That's how they're going to look at it.
Excuse me. That's how many of the many of the
case workers will look at it that way. Some others
will kind of let you get by with it. But
(16:04):
you can't do this. See under the Medicaid rules, you
can't do this. You can't just let some You can
let somebody live wherever you want to let him live.
The problem is with the reimbursement, right, because this is
like a care contract. You're doing things for him. There's
all kinds. There's like two and a half pages a
page and a half anyway of regulations about what a
(16:26):
care contract, personal care contract has to look like. And
that's kind of what you're doing here, do you see?
I mean, I agree one hundred percent, this is an
absolutely wonderful, wonderful thing you're doing. But if he does
need skilled care at some point, right and he needs
assisted living or you know, you guys die and the
house gets sold. Where they're going to say, what did
(16:49):
you do with the money that came in? And when
it looks like you cashed it in, right, you cashed
the check. See it used to be. It used to
be that people would get their checks right and they
would cash them and live on the cash. That happened
all the time. And then when they started making the
direct deposit, people would still do the same thing. They'd
(17:10):
go to the bank, they cash in the they didn't
go to the check cashing service anymore. They would just
take the money out of the bank and then walk
around with it. Very very common sort of thing, right,
And we had issues with a number of clients when
we were trying to do the Medicaid applications because they
were challenging where did the cash go? Account for the cash?
(17:33):
And once they go down that road, occasionally, not always,
but occasionally, you get a caseworker wants five years of
where did the cash go? And now you have to
justify it all and because there was no legal obligating, well,
he gave it to us, what for to reimburse us for?
Wait a second, now here's the thing you will on
(17:55):
appeal when we've appealed these, you'll get caseworkers who dinged
hard on it, you know what I mean. The reason
we're here is because you wouldn't allow those. Then they'll say, oh,
I would always allow that, and it's like, no, you
wouldn't always allow that. The reason we're here is because
you didn't allow that reasonable, you know. And families do
this too, right, So here's my advice. If you're ever
(18:17):
in this situation where you're taking care of mom or
dad or anybody, right, don't take the cash. Don't. I
don't care how many shoe boxes full of receipts you've
got or that you circled it. You know, these are
what was for so and so, and I just got
reimbursed for this. That stuff might work if you get
it somebody in a good mood, you know, and they
(18:38):
decide to do it, But you have no reason for
thinking that they will, okay, because that's not what the rut.
That's what the rule's say. The law says is that
you can only spend your own money if you transfer
a resource for less than fair market value. Okay, they
already bought it, they already gave it to you, Okay.
So you're not. You're not getting fear market. You already
(18:59):
got it. They gifted it to you. Now you're gifting
the money. That's how they look at it, not one
hundred percent of the time. And lots of times you
get rhythm with caseworkers, but that's all you're getting. Okay,
it's not. They don't have to and frequently they don't.
So what you really want to do here is get
him his own debit card and then use his debit
(19:20):
card for paying these expenses. Okay, you need to take
it that next step, because I guarantee you he's not
getting government Uncle Sam's not coming by with a lot
of cash. He's getting a direct deposit somewhere and he's
pulling the cash out or he's getting a check, and
now all the checks are gone, so it's all going
to be direct deposit. Just get a debit card from
the bank. Use the debit card. Okay, don't do this anymore.
(19:44):
You could. I'll tell you what's going to happen next.
You've been listening to the David Carrier Show. I'm David Carrier,
your family's personal attorney.
Speaker 1 (19:52):
David's got the how too you're looking for. Just call
seven seven, twenty four, twenty four. This is the David
ca Your show.
Speaker 2 (20:02):
Wellcome back to the David Carrier Show. I'm still David Carrier.
Your family's a personal attorney, and you can still go
to Davidcarrier Law dot com. Check out the new AI
artificial intelligence, which better than natural intelligence, I guess at
least mine. Anyway, go and check that thing out. You
can ask it questions, you you know, ask it for recipes.
(20:25):
I have people doing that, and you know, go ahead,
it doesn't cost you nothing. It doesn't cost nothing, Go right,
just give it a try. But but we've had a
couple of thousand people try it now, and you know,
so far the feedback has been been pretty positive. It's,
(20:45):
like I said, it's not legal. It's not gonna solve
all your problems or whatever. But you know, have you
ever gone to a website and like click here, click there,
or find this, find that, and good luck finding any
of that stuff. The this thing kind of does that
for you. Like you ask it a question and it'll
give you the It'll give you the material and you
can even go and then go more in depth if
(21:07):
you'd like to, if you'd like to write. But you know,
I'm beginning to think that the old idea of going
to the like when was the last time you went
to the library, right, and do a decimal system finding
a book? Like, when has that ever happened anymore? You
remember doe decimal system right finding the books in the library.
(21:29):
It doesn't work that way anymore. I mean nobody does.
I mean you look up the name of the book online, right,
and then you go find it or it's in the library,
or the author or the title or part of the
title or the plot or something. You can still find
the book. Well then it used to be that way,
and now nowadays you know, website's kind of like a
library where you click here, click there, you look here,
(21:50):
you look there trying to find stuff and good luck
to you. Right, But with this, with this AI stuff,
you don't waste any time. It goes right to what
it is you asked about specifically, you know, and it's
got you know it depending on how old you are,
what your family situation is. I mean, this is how
(22:11):
crazy it is. It can actually tailor the tailor the answer,
you know, so that you find what you're looking for
and not what somebody else is looking for. It's amazing stuff.
But and I encourage you to go take a look
David Carrier Law dot com. And if you've got to
pop up locker on I think that might inhibit it,
so you might have to do, I don't know something,
(22:33):
take the pop up locker off of for for this
thing anyway. But anyway, it's it's right there. It's people
have found it to be useful. That's all. That's all
I can tell you. So instead of having to click
around and find stuff, if you just ask what you're looking,
ask a general question, it'll it'll give you a answer,
(22:54):
references all the rest of that, all the rest of
that good stuff. Okay, uh six one six seven seven
four twenty four twenty four sixty one six seven seven
four twenty four twenty four. That's the number to call.
And don't tell me, oh it's a long distance for me.
Long distance doesn't exist anymore, you know that. Anyway, we're
talking about a question. This is the good Samaritan problem,
(23:16):
and it really is a problem. It is a problem.
It's not so much that you're doing nice things for
somebody else, Okay, the you know, you always have to worry,
how will your generosity be misconstrued by evil people. Right,
you always got to worry about that. That's just the
(23:37):
way it is. But here's the here's the problem with
what these folks are doing. Let me just recap it
for you. Friend lives as independently as possible, elderly disabled,
some brain damage from injuries and stroke, doesn't drive, doesn't
know how to use checkbook, pay his bills. We have
no legal or familial ties to him. We write monthly
checks for his utility bills from our aunt. I don't
(24:00):
et cetera. I guess groceries and stuff from our account.
He reimburses us in cash when he gets his disability
check every month, so I guess he gets the check. Well,
the paper checks. If it's so security disability that's all
electronic now, I mean most of it when electronic years ago.
But now the rest of it, you know, that's part
of the beautiful whatever that's going to be part of that.
(24:24):
He stays rent free as a caretaker at a small
house that we own because of our helping him live
as independently as possible. Might we in some odd way
be responsible for paying for his care should he need
to be placed in a care facility in the future
as no other family doesn't know if he's on Medicare
or whatever, that will cover placement for him only remembers
(24:46):
he gets so security and disability, thank you. So here's
the deal. And this happens a lot where you're buying stuff,
and frequently it is a familial relationship your mom or
dad whatever, right, and they're reimbursing you in cash. You
can't do that. The rules don't let you do that.
(25:09):
And frequently you'll get a case worker who won't let
you do that, who will treat all the cash that
you received from them right as a as a divestment,
as a gift. And you say, well, how can it
possibly be a gift? They were paying me back. Yeah,
but there was no legal obligation to pay you back.
There's no writing. And besides, it's not that easy. You know,
(25:31):
if you're providing care services or rent or something like that,
well you've got to there's a contract. There's a way
the contract works. Now, thank god, they don't enforce it
all of the time, even most of the time. You know,
if you have plumbing work done on your house, that's
a home care contract. If you have this snowplow home
care contract got to meet the Medicaid requirements. If it
(25:54):
doesn't meet the Medicaid requirements, then guess what the money
that you paid for snowplow, long care, et cetera, that's
all a gift and you get penalized. They won't pay
for you right even though you're broke. See because right now,
the way the Medicaid thing works is they don't pay
for anything until you're broke. All right, you got to
be broke, that's the bottom line. Okay, Now with a penalty,
(26:18):
they wait until you're broke, and then they don't pay.
And the more you give away, the more they don't pay,
the longer they don't pay you. See, that's how it works.
They don't come after your money, they don't sue somebody else.
They just don't pay. Now, here's the problem in a
situation like this. Let's say the friend who they've been
helping and all the rest of it. Let's say that
(26:40):
that guy winds up in a skilled nursing facility and
then Medicaid says, oh what happened to all the social
security and disability? And you show up and you say, hey,
we're helping with the Medicaid application. Like we've been helping
out with everything else. Here's what's been going on. And
they say, well, where's your care contract, where's the you know,
where's the billings and all the rest of us. Oh,
we don't have any of that. We were just helping out.
(27:01):
They say, oh, okay, they might let it slide. They
might let it slide. Okay, but understand, that's what they're doing.
They're letting it slide. Okay, they're not. You don't have
any entitlement whatever. He doesn't have the entire it's a gift.
Under the rules, it's a gift. They might let it slide.
Do they let it slide? This is like, this is
(27:23):
like so much other way people do. It's like ladybird deeds.
It's like putting the kids on the account. It's all
the rest of it. You might slide by, you might
get away with it, okay, but you might not. And
if they hold you to account, you won't. Right, if
anything goes sideways, if somebody's in a bad mood, you
won't get away with it. You're the good samaritan, you're
(27:45):
helping out. I understand. I think it's wonderful, okay, But
the way to do this is not to get cash
from the guy. The way to do this is to
set him up with a debit card. Have him give
you the debit card. So when you're paying for utilities,
when you're paying for all the rest of this stuff,
you're using his money for him, which is a okay, right,
(28:07):
But but you're not taking cash because what happens, and
I've only got one minute to explain this, but anyway,
what happens is if the nursing home doesn't get paid,
they're gonna sue him. And then they're gonna say, hey,
how come you didn't qualify for Medicaid? And he's gonna say, oh,
because I divested all this money to the Jones family
over there, who've been super nice to me. And they said, oh,
(28:29):
they're the ones who got your money. Great, Now we're
going to sue them because under the doctrine of fraudulent transfer,
fraudulent transfer, say where's the fraud. The fraud is he
knew he was going to have to pay these expenses,
knew he was going to have to pay for long
term care, and instead he gave you the money. Now,
good luck proving that fraudulent transfer shouldn't apply. I've seen
(28:52):
this between. I've seen attorneys go for a husband and wife.
The wife needed her interest over to the spouse in
the house. They went after him for fraudulent trans Thanks
for that's a husband and wife. So my point is
this stuff, if you do it right, use his debit card,
get him a check in account. He's got to have
it in the bank now anyway, under the most recent legislation, right,
(29:14):
he can't get a check anymore. Good good, do it
that way. Save yourself. I mean good that you're helping out.
Keep helping out, but do it correctly. That's all I'm saying.
Been listening to the David Carrier Show. I'm David Carrier,
your family's personal attorney. Welcome back to the David Carrier Show.
I'm David Carrier, your family's personal attorney. Now's the time
(29:36):
to 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. And let's see, let's
get to it. Let's knock out a free of these
easy ones. You want to knock out a few easy ones.
Let's kno, got a few eases. How do I sign
my homestead property transfer affidavit or my homestead declaration homestead affidavit.
(29:57):
If my property is my revocable living trust, primary residence
held in a revocable living trust, Are you kidding me?
Is he still doing that? Well? Okay, fine, whatever, at
least better than nothing, I suppose. Do I put my
name is trustee of the trust and sign is trustee
of the trust. Or do I just put my name
is the clarant and sign is an individual as though
(30:18):
the trust didn't exist. The answer is do it as
a trust, all right? Just put your name down there
as the trustee of the trust that you know individually,
and as trustee because you're the one living there and
you want to have all your paperwork consistent. What is
the procedure here? Look at this? What is the procedure
(30:39):
to remove a deceased spouse's name from executors deed? Executors deed?
What the hell does that mean? We're both where, we are,
both joined tenants for twenty months, twenty months. I did
nothing to change the deed. Only when I was told
by the insurance company I'm paying Oliver two hundred and
fifty dollars annually to keep I guess to see spouse
husband's name on the home Pilsey, I feel motivated to
(31:01):
move on this also angry because the insurance company was
fully aware of his death but mentioned nothing to me.
You know, people get more and more annoyed with people
who don't tell him stuff. Don't you get Do we
not understand that that's the default position. They're not going
to tell you. You got to find out for yourself, right,
(31:23):
Who looks out for you except mom and dad? Nobody.
I'm angry at the insurance company because they didn't tell
me how to pay him less money. Oh yeah, because
that's how insurance companies behave got it right? Come on, anyway,
let's say, is this a matter more involved than correcting
(31:47):
it through a meeting with the appropriate department and message
they're not gonna care. What do they care? They're still
getting their taxes, you know, a meeting with somebody at
the city hall.
Speaker 1 (31:56):
No.
Speaker 2 (31:57):
No, we had a solid will, solid will. Right. It's
made every other detail of claiming the estate straightforward. I
mean the question I don't understand why would you have
to claim anything? Is your spouse probably joint on everything?
You joint on this deed. The idea that the insurance
company is still charging you. It's only twenty months, only
(32:17):
a year and a half or so, right, you should
be able to get back all your premium. It should
be able to. I mean, they should give you back
the five hundred bucks that you're out. And you don't
really need to correct it. There's nothing. You know, you
want to do a property transfer affidavit. Yeah, you want
to do that so that the tax bills come in
the correct name. But they've been coming in your spouse's name.
(32:39):
They should be coming in your name. Okay, So yeah,
you can go to the township or the city do
a property transfer affidavit, right, just to straighten that around.
But as far as the insurance goes, they got to
pay you the money back because insurance company always has
to return unearned premium if they're charging you two hundred
and fifty bucks. Keep your spouses additional insured, right, and
(33:02):
he's passed. Well, he's not an additional insured anymore, is he?
So I'm not even sure that's correct though. I don't
understand why it would be less money, how it would
save you the money. But let's assume they're correct about that,
which I don't think they are. But even if they are,
that's what you do. Just do a new property transfer affidavit, right,
(33:24):
you don't have to do anything with the deed, and
then get somebody at the insurance company actually knows what
they're talking about, because the person you're talking to I
don't think they do. And you wouldn't even put it
on the deed. Why would you put it? You wouldn't
do another deed, file the death certificate, record the death certificate.
That's fine. Hey, we've got Josephine on the line. Hello, Josephine, Hello,
(33:49):
how can I help?
Speaker 3 (33:51):
Well, a questions for you. I have a conservative's account, yes,
but you were just saying that if you're reimbursing yourself
for expenses that you purchase for them, that you should
have the card in their name. But with the conservators
account with the bank, they don't allow you to have
a debit cards.
Speaker 2 (34:13):
That's right, that's right. Yeah, I was referring to the
thing the good Smaritan. You're the good conservator and so
you did it legally. Right, So the money that you
spend on the person for whom you are the conservator
is an allowable expense because you are explicitly spending their
money on their behalf. Where people get into trouble is
(34:34):
where you have these See here's the problem with medicaid,
just fundamentally, so much of what people normally naturally do
for one another, family members, friends, et cetera. Okay, is
penalized under the medicaid rules. So nothing would be more
natural than having a grandchild take care of grandma grandpa. Okay,
(34:59):
very natural to do. Oh they're studying nursing. Oh it'd
be great, paying ten bucks an hour instead of forty. Yeah,
but you get penalized for that because you don't have
the correct care contract, you didn't do the market survey,
you don't have a doctor's prescription, on and on and on,
or like in the case with the person wrote in,
(35:20):
you've got a situation where you're really helping out a friend,
friend in need, friend indeed right, providing them a place
to live. You're paying their you know, your doing all
their bookkeeping and stuff, which is fine. But they're not conservators.
They're just helping this guy out right, so he gives
them money. All right. You see the difference you have.
(35:42):
You have the legal authority, you are, you are there representative,
you're standing for them. That's not what was going on
with the good Samaritan problem or usually in families, usually
you know, you don't get to be conservative for Grandma Grandpa.
Instead you're just helping out out of the goodness of
your heart. You know, it's terrible.
Speaker 3 (36:05):
Now, it is funny because he's on Social Security disability
and when I want to apply for his being the
personal representatives, they said, we don't care about the conservatorship.
Speaker 2 (36:19):
So kind of but that's true with Social Security. Well, well,
here's the thing. If you're if you're Social Security in
the veterans are the same way. If you're Social Security,
you don't want to be dealing with fifty states different
laws and god knows how many different counties, thousands of counties,
different rules. So what medic what social Security does and
(36:43):
what the veterans do. Veterans call it the fiduciary and
they call it representative paye. With the Social Security you
have to apply it social Security and they have their
home they're all excuse me, They have their own entire
parallel system for paying money to people who aren't the
person with the name on the check. So if you're
(37:04):
getting Social Security money from somebody, you're the representative payee
under social Security, you're the fiduciary under the veterans system,
and for everything else you're the conservator, which is what
you did legally otherwise, and it could all have been
avoided with power of attorney, except that Social Security and
Veterans don't accept power of attorney. If you're receiving benefits
(37:26):
from them, you have to comply with the representative payee
or the fiduciary enroll in that program in order to
have control. And it's all because you know, they're national
bureaucracies and they don't want to national response, right, and
they don't want to have to deal with thousands of
local probate codes and get into all that. So it's
(37:48):
a very streamlined, it's a wise use of your tax dollars.
They actoutly, don't waste all of it.
Speaker 3 (37:55):
Okay, well, but that's how that talking about utility. He
lived with me and he does.
Speaker 2 (38:04):
Pay yeah yeah, yeah yeah. But you're cool because you're
the conservator. You have the authority to spend his money.
The problem is when you don't have the authority, like
the Good Samaritan issue or the family issue, where you're
just you're just helping out. You just goodness of your
heart type stuff. It's the goodness of your heart that
(38:26):
gets you in trouble. Crazy. Thank you, Joseph, all right,
A good call, though, I appreciate it. You're listening to
the David Carrier Show on David Carrier. Your family's personal attorney.
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 a place
where we talk about a state planning, elder law, real estate,
and what's that other one? Oh yeah, business law. So
if you have a question in comment or concern, you know,
if you've been you saw a movie and say, can
they really do that? Can they really do that? Like
(00:42):
if it's a legal sort of thing, you think, does
it really work like that? Or if somebody tells you
something you know and you're wondering, jeez hum, seems unlikely. Well,
give us a call six one six seven some of
them four twenty four twenty four. That's sixty one six
seven some of them four twenty four twenty four. We'll
get your question, comment or concern on the air. That's right,
(01:05):
very easy to do. Just give us a shout and
and that's if it's about wills, trusts or probate. You know,
people have a lot of ideas about what it means
to do a ladybird deed or or a will or
a trust. And you know how bad is probate? Really?
Oh my goodness, thumbscrews and you know, bamboo under the
fingernails aren't. Oh, it's much much worse. Oh, it's so terrible.
(01:29):
That's not that terrible. But but why would you put
yourself through it if you could avoid it? You know,
that's the question. So, I mean, it's like washing dishes
or washing dishes? Is that terrible? Well, you don't want
to do it. That's why we all have dishwashers, right,
So you know, even if something isn't you know, it's
even if it's not torture, I don't understand why you
(01:51):
would want to do it anyway. I mean, it is
like I talk to folks about. You know, this whole
long term care thing is a big deal for us
middle class people go broke. Pay him for nursing home care,
pay them for long term care, and they've already paid
for it. It's like saying, oh, no, I don't want
my Social Security No, no, no, no, you keep that.
I saved. You know, I can always sell my cottage. Serious,
(02:15):
this is what's going on. It's like, oh no, I
don't want my Social Security Oh no, I get it.
Every paycheck FIKA came out. Every every time I earned
a nickel, fifteen point three percent of it went to
pay for this stuff. But that's okay, you guys keep it.
You need it more than I do. Same way with medicare, right,
I mean, if you need if you need a kidney
(02:39):
or a liver, or a knee or cataracts or what
have you, right do you say, oh no, I can
pay for that myself. I've got you know, I've got
my four oh one k Yeah, I'll just take it
out of the I'll just take it out of the
vacation fund. Really, yeah, my kids don't need the money.
(03:00):
My kids, they're all they're also super wealthy that anything
I left them would be superfluous. That's a big word.
Superfluous wouldn't mean anything to them, right. So, I mean,
this philosophy to me is just you know, I gotta
tell you. I really here's how I understand when people
tell me that, When people say, oh you know, yeah,
(03:22):
I already paid for long term care, already paid for it.
I get it. That's my fight. That's like, so security,
it's like medicare. But you know, I don't really I
don't really care about that. That's that's fine. My kids
are doing fine. And what I hear there is is
not I mean, because that's not rational. Can we all
(03:43):
agree on that, right? Would you? Is there anybody here
who didn't take their Social Security or who isn't planning to? Right?
I mean, what's the big what's the big problem? People
are like, oh, no, you know, so security might not
be there. So security is going to be there, okay.
I mean the things that people worry about are sometimes oh,
(04:04):
we're so excut me. Of course it'll be there. Of
course it'll be there, So we'll medicare. Medicare will be there.
How do you know? Because it's the top priority, it's
the most important thing they spend money on. All kinds
of craziness that if they didn't spend the money on
those things, right, if they didn't spend the money on
those things, right, you wouldn't notice, you wouldn't do anything
(04:28):
about it. Right. The fact of the matter is, we
give them so much money and I mean the politicians
we give the people in Congress and DC and all that,
we give them so much money, so much money you
could cover everything you wanted to do and have leftover.
The idea that we're in deficit just tells you you're
(04:48):
spending money on stuff you have no clue about. And
when you find out about it, when you find out
about it, I mean, just think about this dose stuff. Right,
when you find out about what they're actually spending your
mone honey on, it freaks out. Now do you think
if you're if you're a senator, congressman, congress person, excuse
him one, right, would you vote for some of the
(05:12):
craziness that they're spending the money on or Social Security
if it came down to it, right, if it really mattered,
if you're really had, Oh, we're really out of money,
really really really really really out of money. We're down
to what we can actually bring in, which is to them,
it's the same thing if we can only spend what
(05:32):
we take in. Wouldn't that force them to do some prioritization,
like you prioritize stuff, right, I'm gonna pay the mortgage first.
I gotta pay the rent first, and then I'll pay
the heating bill and then I'll buy some groceries. And
they did it. And you go through those things and
don't forget the gasoline for the car. And when it's
all done, then you say, well, you know, I'll spend
(05:54):
it on, you know, my miniature collection of Star Wars figures,
which I don't have. But if I did, you know
what I mean, right, I mean, you do the first
things first. The problem, the problem with the politicians is
there's no first things first because there's no limit on
how much money they can they can borrow, which is
how we're twenty seven trillion dollars in debt. Right. If
(06:18):
you had a never ending credit card, well you'd be fine,
but think about your kids or your neighbors. Oh my goodness,
they'd be grazty. It'd be crazy. But that's where we're
at now. When it comes right down to it, right,
let's assume the credit card gets cut up. Let's assume
we can't spend any more crazy money. Oh and by
the way, when you go through your kids credit card
bill and you realize what they've been spending on, it
(06:39):
totally freaks out. Oh you can't look at that. Oh
you always let me buy my whatever the hell was right,
you always let me do that, Therefore you have to
keep on, let me do that forever. Really is that?
How is that how that works? I don't think it is.
I don't think so. I don't think that's how it works.
(07:01):
But that is how it works in the government, Right,
you got judges telling people, oh, just because you got
your pocket, you got your hand in our pocket, right,
you get to keep it there forever. Fortunately, you know,
a lot of these judges' decisions get up to courts
of appeals and get thrown out. And now the Supreme
Court is all po that the lord judges aren't following them.
(07:23):
I mean, it's interesting. We're at an interesting time in
the judicial system where judges are just thumbing their nose
at the Supreme Court and the Supreme Court is slamming back.
It's an interesting time, very interesting time from a legal perspective.
But anyway, don't worry about soci security. Don't worry about many.
They will raffle off the last nuclear submarine. They'll raffle
(07:44):
it off right before they cut yourself security. Because you
won't care about the submarine. You will care about your
social security. And I say relatively right, courts, you care
about the submarines. We've got to have the best and
everything else. Shure we do. Sure, do we really have
to put on stage shows in other countries to push
dubious social doctrines? I don't know. Maybe maybe not. Maybe
(08:09):
there's some priorities around here somewhere. Okay, that's the problem.
That's the problem we got right now. We don't have
a revenue problem. You understand this, right. We don't have
a problem with social security. We are a problem with
giving it to too many people who didn't earn it.
We do have that problem. We over committed it because
it looks like a pile of money, and Congress likes
nothing better than when it sees a pile of money
than to spend it, which is what they've been doing
(08:30):
really since the sixties sixty said, I mean, they just
keep expanding it and making more people eligible because it
makes some people happy, gets them votes. Right, Well, what
if all of a sudden their votes were contingent on
making you happy, Well, maybe soci security wouldn't be going broke. Okay,
So don't worry about your SOLFI security, don't worry about medicare,
it's going to be there because you'll vote them out
(08:52):
if it isn't. And that applies to very little else.
You will let them do craziness. Craziness, but it doesn't
affect you, or at least you don't understand how it
affects you, right, because it's too difficult because they do
that on purpose, so you can't understand how it really
affects you. I'm just telling you this how DC works, right.
(09:14):
So it's also confusing and saying, ah, I just got
to keep working, pay more taxes. Sure, why not? But listen,
soci security is going to be there, medicare are going
to be there, Medicaid is going to be there. And
because it is going to be there because you voted
for it, because you earned it, because you paid for it, right,
then you should get it. That's just the fundamental that
(09:37):
is my fundamental philosophical premise that stuff. That's the rock
on which I stand is that people who pay for
stuff should get the stuff they paid for. Now, if
you want to give off some to other people and
social contract and all the rest of it, I'm not
opposed to that within reason, within reason, right, But why
(09:57):
do we have so many multimillionaire government employees there looking
into that. Now, you know, why do we have so
many multi millionaire government employee How did that happen? All right, well,
I guess we're gonna we're gonna find that out too.
But in the meantime, let not your heart be troubled,
because your social Security is going to be there. So's
your Medicare, so's your Medicaid. Don't even begin to worry
(10:20):
about even listening to The David Carrier Show. I'm David Carrier,
your family's personal attorney.
Speaker 1 (10:26):
This hour of the David Carrier Show is pro bono,
so call in now at seven seven four twenty four
to twenty four. This is the David Carrier Show.
Speaker 2 (10:39):
Welcome back to the David Carrier Show. I'm David Carrier,
your family's personal attorney. Trying to get my courage up,
that's for sure. Thank you. Bob Seeker there, it's Liver
Boola band. You gotta love that guy anyway. Sixty one
six seven seven four twenty four twenty four. That's the
number to call, sixty one six seven seven four twenty
four for now. Listen. If you don't want to call
(11:01):
on the radio, I get it. You don't want to
for my feelings. But here's an alternative, something that you
can do anytime, anytime you like. And let's go to
the website Davidcarrier Law dot com. That's David Carrier Law
dot com. And on the website there's all kinds of
great stuff. But one of the coolest things on the website,
(11:25):
it really is kind of neat, is this artificial intelligence
bot that pops up. Okay, now here's why you need to.
You don't need to, but it would not be a
bad idea if you go on over there and just
ask you a question or something and it will. Now
it's not legal advice. Very important to say that it's
(11:45):
not legal advice. Okay, With any luck, attorneys will make
sure that AI never replaces us. Right, We've been pretty
good about that so far. But it's it's intended to
be interesting, an interesting common versation, just like a radio show.
Answer is what you get, right. It's not specific to
your unique needs simply because we don't know what all
(12:07):
your unique needs are. The only way you can figure
that one out is by giving me a call at
six one six seven se them four twenty four twenty four.
That's six one six seven some of them four twenty four,
twenty four. That'll get you through the switchboard and you
can we talk right now. Go to the website. There's
numbers on the website. I'm not gonna give you too
many numbers Davidcarrier Law dot com. But the key is
(12:32):
on the website is this little uh And it's not
just a oh, you got to talk to one of
our folks. No, it's not like that. It'll actually give
you based on things I've written, things I've said, all
the rest. It'll give you some pretty good ideas on
pretty good answers to your questions. Okay, they're not again,
(12:53):
they're not legal advice, but it'll steer you in the
in the right direction. So and we just a graded
it again. That's the thing with this AI stuff, you know,
it's like every week you get another something else changes
and gets better and all the rest. And so it's
it's actually a little more conversational now than it used to.
It was pretty good before. And you can even click
(13:15):
there's a thing you can click on right and I'll
talk to you if you have a you know, if
you have a microphone and camera on your on your
computer there or on your cell phone. You know, if
you want to talk to it'll actually talk to you.
It's crazy anyway, brave new world that we're living in.
Six one, six, seven, seven four, twenty four, twenty four.
That's the number to call. Now. This is what I
(13:37):
call the good Samaritan problem. And we have this happen
you know quite a bit of the time of these
people concerned about this. So let me let me read
this to you. Would we be responsible? Question mark? Our
friend lives as independently as possible, elderly disabled, has some
brain damage from injuries and stroke, doesn't drive, doesn't know
how to use a checkbook. Although we have no illegal
(13:57):
or familial times to him. We write monthly checks utility
bills from our account and he reimburses us in cash
when he gets his disability check every month. He stays
rent free as a caretaker at a small house we
own because of our helping him live as independently as now,
these people are really going the extra mile, you get that,
I mean, this is really I mean it's not unusual
(14:19):
for people to help other folks with their checking account
and this and that that's possible that that does happen,
But to this extent. You know, they've got a house
that actually have a little house that they can let
him live in. And you know he's taking care of
him because of our helping him live as independently as possible.
(14:39):
Might we in some odd way, it's not going to
be odd. We'll be responsible for paying for his care
should he need to be placed in a care facility
in the future. He has no other family, he doesn't
know if he's on Medicare or whatever that would cover
a placement for him. He only remembers he gets so
security and disability. Thank you. Here's the problem with this.
(15:00):
It's very easy, very easy to run a foul of
the Medicaid rules. And that's what's happening here. Okay, so
you're letting them stay in a place. They don't care
about that. You're paying his bills. They don't care about
that he's paying you. Whoa wait a second, now we
start to care. Okay, Now, at least the good news
(15:21):
is at least he's paying you in cash. So it's
hard to trace. What a horrible thing to say, right,
Oh good, you might get away with this. Here's the problem.
Here's the problem. You have no legal obligation to do
this so he doesn't owe you the money, because he
doesn't owe you the money when he pays you the
(15:42):
money to reimburse you. I get it. He's reimbursing you
when he reimburses you for this, right, it's a gift.
It's a divestment. That's how they're going to look at it.
Excuse me. That's how many of the many of the
case workers will look at it that way. Some others
will kind of let you get by with it. But
(16:04):
you can't do this. See under the Medicaid rules, you
can't do this. You can't just let some You can
let somebody live wherever you want to let him live.
The problem is with the reimbursement, right, because this is
like a care contract. You're doing things for him. There's
all kinds. There's like two and a half pages a
page and a half anyway of regulations about what a
(16:26):
care contract, personal care contract has to look like. And
that's kind of what you're doing here, do you see?
I mean, I agree one hundred percent, this is an
absolutely wonderful, wonderful thing you're doing. But if he does
need skilled care at some point, right and he needs
assisted living or you know, you guys die and the
house gets sold. Where they're going to say, what did
(16:49):
you do with the money that came in? And when
it looks like you cashed it in, right, you cashed
the check. See it used to be. It used to
be that people would get their checks right and they
would cash them and live on the cash. That happened
all the time. And then when they started making the
direct deposit, people would still do the same thing. They'd
(17:10):
go to the bank, they cash in the they didn't
go to the check cashing service anymore. They would just
take the money out of the bank and then walk
around with it. Very very common sort of thing, right,
And we had issues with a number of clients when
we were trying to do the Medicaid applications because they
were challenging where did the cash go? Account for the cash?
(17:33):
And once they go down that road, occasionally, not always,
but occasionally, you get a caseworker wants five years of
where did the cash go? And now you have to
justify it all and because there was no legal obligating, well,
he gave it to us, what for to reimburse us for?
Wait a second, now here's the thing you will on
(17:55):
appeal when we've appealed these, you'll get caseworkers who dinged
hard on it, you know what I mean. The reason
we're here is because you wouldn't allow those. Then they'll say, oh,
I would always allow that, and it's like, no, you
wouldn't always allow that. The reason we're here is because
you didn't allow that reasonable, you know. And families do
this too, right, So here's my advice. If you're ever
(18:17):
in this situation where you're taking care of mom or
dad or anybody, right, don't take the cash. Don't. I
don't care how many shoe boxes full of receipts you've
got or that you circled it. You know, these are
what was for so and so, and I just got
reimbursed for this. That stuff might work if you get
it somebody in a good mood, you know, and they
(18:38):
decide to do it, But you have no reason for
thinking that they will, okay, because that's not what the rut.
That's what the rule's say. The law says is that
you can only spend your own money if you transfer
a resource for less than fair market value. Okay, they
already bought it, they already gave it to you, Okay.
So you're not. You're not getting fear market. You already
(18:59):
got it. They gifted it to you. Now you're gifting
the money. That's how they look at it, not one
hundred percent of the time. And lots of times you
get rhythm with caseworkers, but that's all you're getting. Okay,
it's not. They don't have to and frequently they don't.
So what you really want to do here is get
him his own debit card and then use his debit
(19:20):
card for paying these expenses. Okay, you need to take
it that next step, because I guarantee you he's not
getting government Uncle Sam's not coming by with a lot
of cash. He's getting a direct deposit somewhere and he's
pulling the cash out or he's getting a check, and
now all the checks are gone, so it's all going
to be direct deposit. Just get a debit card from
the bank. Use the debit card. Okay, don't do this anymore.
(19:44):
You could. I'll tell you what's going to happen next.
You've been listening to the David Carrier Show. I'm David Carrier,
your family's personal attorney.
Speaker 1 (19:52):
David's got the how too you're looking for. Just call
seven seven, twenty four, twenty four. This is the David
ca Your show.
Speaker 2 (20:02):
Wellcome back to the David Carrier Show. I'm still David Carrier.
Your family's a personal attorney, and you can still go
to Davidcarrier Law dot com. Check out the new AI
artificial intelligence, which better than natural intelligence, I guess at
least mine. Anyway, go and check that thing out. You
can ask it questions, you you know, ask it for recipes.
(20:25):
I have people doing that, and you know, go ahead,
it doesn't cost you nothing. It doesn't cost nothing, Go right,
just give it a try. But but we've had a
couple of thousand people try it now, and you know,
so far the feedback has been been pretty positive. It's,
(20:45):
like I said, it's not legal. It's not gonna solve
all your problems or whatever. But you know, have you
ever gone to a website and like click here, click there,
or find this, find that, and good luck finding any
of that stuff. The this thing kind of does that
for you. Like you ask it a question and it'll
give you the It'll give you the material and you
can even go and then go more in depth if
(21:07):
you'd like to, if you'd like to write. But you know,
I'm beginning to think that the old idea of going
to the like when was the last time you went
to the library, right, and do a decimal system finding
a book? Like, when has that ever happened anymore? You
remember doe decimal system right finding the books in the library.
(21:29):
It doesn't work that way anymore. I mean nobody does.
I mean you look up the name of the book online, right,
and then you go find it or it's in the library,
or the author or the title or part of the
title or the plot or something. You can still find
the book. Well then it used to be that way,
and now nowadays you know, website's kind of like a
library where you click here, click there, you look here,
(21:50):
you look there trying to find stuff and good luck
to you. Right, But with this, with this AI stuff,
you don't waste any time. It goes right to what
it is you asked about specifically, you know, and it's
got you know it depending on how old you are,
what your family situation is. I mean, this is how
(22:11):
crazy it is. It can actually tailor the tailor the answer,
you know, so that you find what you're looking for
and not what somebody else is looking for. It's amazing stuff.
But and I encourage you to go take a look
David Carrier Law dot com. And if you've got to
pop up locker on I think that might inhibit it,
so you might have to do, I don't know something,
(22:33):
take the pop up locker off of for for this
thing anyway. But anyway, it's it's right there. It's people
have found it to be useful. That's all. That's all
I can tell you. So instead of having to click
around and find stuff, if you just ask what you're looking,
ask a general question, it'll it'll give you a answer,
(22:54):
references all the rest of that, all the rest of
that good stuff. Okay, uh six one six seven seven
four twenty four twenty four sixty one six seven seven
four twenty four twenty four. That's the number to call.
And don't tell me, oh it's a long distance for me.
Long distance doesn't exist anymore, you know that. Anyway, we're
talking about a question. This is the good Samaritan problem,
(23:16):
and it really is a problem. It is a problem.
It's not so much that you're doing nice things for
somebody else, Okay, the you know, you always have to worry,
how will your generosity be misconstrued by evil people. Right,
you always got to worry about that. That's just the
(23:37):
way it is. But here's the here's the problem with
what these folks are doing. Let me just recap it
for you. Friend lives as independently as possible, elderly disabled,
some brain damage from injuries and stroke, doesn't drive, doesn't
know how to use checkbook, pay his bills. We have
no legal or familial ties to him. We write monthly
checks for his utility bills from our aunt. I don't
(24:00):
et cetera. I guess groceries and stuff from our account.
He reimburses us in cash when he gets his disability
check every month, so I guess he gets the check. Well,
the paper checks. If it's so security disability that's all
electronic now, I mean most of it when electronic years ago.
But now the rest of it, you know, that's part
of the beautiful whatever that's going to be part of that.
(24:24):
He stays rent free as a caretaker at a small
house that we own because of our helping him live
as independently as possible. Might we in some odd way
be responsible for paying for his care should he need
to be placed in a care facility in the future
as no other family doesn't know if he's on Medicare
or whatever, that will cover placement for him only remembers
(24:46):
he gets so security and disability, thank you. So here's
the deal. And this happens a lot where you're buying stuff,
and frequently it is a familial relationship your mom or
dad whatever, right, and they're reimbursing you in cash. You
can't do that. The rules don't let you do that.
(25:09):
And frequently you'll get a case worker who won't let
you do that, who will treat all the cash that
you received from them right as a as a divestment,
as a gift. And you say, well, how can it
possibly be a gift? They were paying me back. Yeah,
but there was no legal obligation to pay you back.
There's no writing. And besides, it's not that easy. You know,
(25:31):
if you're providing care services or rent or something like that,
well you've got to there's a contract. There's a way
the contract works. Now, thank god, they don't enforce it
all of the time, even most of the time. You know,
if you have plumbing work done on your house, that's
a home care contract. If you have this snowplow home
care contract got to meet the Medicaid requirements. If it
(25:54):
doesn't meet the Medicaid requirements, then guess what the money
that you paid for snowplow, long care, et cetera, that's
all a gift and you get penalized. They won't pay
for you right even though you're broke. See because right now,
the way the Medicaid thing works is they don't pay
for anything until you're broke. All right, you got to
be broke, that's the bottom line. Okay, Now with a penalty,
(26:18):
they wait until you're broke, and then they don't pay.
And the more you give away, the more they don't pay,
the longer they don't pay you. See, that's how it works.
They don't come after your money, they don't sue somebody else.
They just don't pay. Now, here's the problem in a
situation like this. Let's say the friend who they've been
helping and all the rest of it. Let's say that
(26:40):
that guy winds up in a skilled nursing facility and
then Medicaid says, oh what happened to all the social
security and disability? And you show up and you say, hey,
we're helping with the Medicaid application. Like we've been helping
out with everything else. Here's what's been going on. And
they say, well, where's your care contract, where's the you know,
where's the billings and all the rest of us. Oh,
we don't have any of that. We were just helping out.
(27:01):
They say, oh, okay, they might let it slide. They
might let it slide. Okay, but understand, that's what they're doing.
They're letting it slide. Okay, they're not. You don't have
any entitlement whatever. He doesn't have the entire it's a gift.
Under the rules, it's a gift. They might let it slide.
Do they let it slide? This is like, this is
(27:23):
like so much other way people do. It's like ladybird deeds.
It's like putting the kids on the account. It's all
the rest of it. You might slide by, you might
get away with it, okay, but you might not. And
if they hold you to account, you won't. Right, if
anything goes sideways, if somebody's in a bad mood, you
won't get away with it. You're the good samaritan, you're
(27:45):
helping out. I understand. I think it's wonderful, okay, But
the way to do this is not to get cash
from the guy. The way to do this is to
set him up with a debit card. Have him give
you the debit card. So when you're paying for utilities,
when you're paying for all the rest of this stuff,
you're using his money for him, which is a okay, right,
(28:07):
But but you're not taking cash because what happens, and
I've only got one minute to explain this, but anyway,
what happens is if the nursing home doesn't get paid,
they're gonna sue him. And then they're gonna say, hey,
how come you didn't qualify for Medicaid? And he's gonna say, oh,
because I divested all this money to the Jones family
over there, who've been super nice to me. And they said, oh,
(28:29):
they're the ones who got your money. Great, Now we're
going to sue them because under the doctrine of fraudulent transfer,
fraudulent transfer, say where's the fraud. The fraud is he
knew he was going to have to pay these expenses,
knew he was going to have to pay for long
term care, and instead he gave you the money. Now,
good luck proving that fraudulent transfer shouldn't apply. I've seen
(28:52):
this between. I've seen attorneys go for a husband and wife.
The wife needed her interest over to the spouse in
the house. They went after him for fraudulent trans Thanks
for that's a husband and wife. So my point is
this stuff, if you do it right, use his debit card,
get him a check in account. He's got to have
it in the bank now anyway, under the most recent legislation, right,
(29:14):
he can't get a check anymore. Good good, do it
that way. Save yourself. I mean good that you're helping out.
Keep helping out, but do it correctly. That's all I'm saying.
Been listening to the David Carrier Show. I'm David Carrier,
your family's personal attorney. Welcome back to the David Carrier Show.
I'm David Carrier, your family's personal attorney. Now's the time
(29:36):
to 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. And let's see, let's
get to it. Let's knock out a free of these
easy ones. You want to knock out a few easy ones.
Let's kno, got a few eases. How do I sign
my homestead property transfer affidavit or my homestead declaration homestead affidavit.
(29:57):
If my property is my revocable living trust, primary residence
held in a revocable living trust, Are you kidding me?
Is he still doing that? Well? Okay, fine, whatever, at
least better than nothing, I suppose. Do I put my
name is trustee of the trust and sign is trustee
of the trust. Or do I just put my name
is the clarant and sign is an individual as though
(30:18):
the trust didn't exist. The answer is do it as
a trust, all right? Just put your name down there
as the trustee of the trust that you know individually,
and as trustee because you're the one living there and
you want to have all your paperwork consistent. What is
the procedure here? Look at this? What is the procedure
(30:39):
to remove a deceased spouse's name from executors deed? Executors deed?
What the hell does that mean? We're both where, we are,
both joined tenants for twenty months, twenty months. I did
nothing to change the deed. Only when I was told
by the insurance company I'm paying Oliver two hundred and
fifty dollars annually to keep I guess to see spouse
husband's name on the home Pilsey, I feel motivated to
(31:01):
move on this also angry because the insurance company was
fully aware of his death but mentioned nothing to me.
You know, people get more and more annoyed with people
who don't tell him stuff. Don't you get Do we
not understand that that's the default position. They're not going
to tell you. You got to find out for yourself, right,
(31:23):
Who looks out for you except mom and dad? Nobody.
I'm angry at the insurance company because they didn't tell
me how to pay him less money. Oh yeah, because
that's how insurance companies behave got it right? Come on, anyway,
let's say, is this a matter more involved than correcting
(31:47):
it through a meeting with the appropriate department and message
they're not gonna care. What do they care? They're still
getting their taxes, you know, a meeting with somebody at
the city hall.
Speaker 1 (31:56):
No.
Speaker 2 (31:57):
No, we had a solid will, solid will. Right. It's
made every other detail of claiming the estate straightforward. I
mean the question I don't understand why would you have
to claim anything? Is your spouse probably joint on everything?
You joint on this deed. The idea that the insurance
company is still charging you. It's only twenty months, only
(32:17):
a year and a half or so, right, you should
be able to get back all your premium. It should
be able to. I mean, they should give you back
the five hundred bucks that you're out. And you don't
really need to correct it. There's nothing. You know, you
want to do a property transfer affidavit. Yeah, you want
to do that so that the tax bills come in
the correct name. But they've been coming in your spouse's name.
(32:39):
They should be coming in your name. Okay, So yeah,
you can go to the township or the city do
a property transfer affidavit, right, just to straighten that around.
But as far as the insurance goes, they got to
pay you the money back because insurance company always has
to return unearned premium if they're charging you two hundred
and fifty bucks. Keep your spouses additional insured, right, and
(33:02):
he's passed. Well, he's not an additional insured anymore, is he?
So I'm not even sure that's correct though. I don't
understand why it would be less money, how it would
save you the money. But let's assume they're correct about that,
which I don't think they are. But even if they are,
that's what you do. Just do a new property transfer affidavit, right,
(33:24):
you don't have to do anything with the deed, and
then get somebody at the insurance company actually knows what
they're talking about, because the person you're talking to I
don't think they do. And you wouldn't even put it
on the deed. Why would you put it? You wouldn't
do another deed, file the death certificate, record the death certificate.
That's fine. Hey, we've got Josephine on the line. Hello, Josephine, Hello,
(33:49):
how can I help?
Speaker 3 (33:51):
Well, a questions for you. I have a conservative's account, yes,
but you were just saying that if you're reimbursing yourself
for expenses that you purchase for them, that you should
have the card in their name. But with the conservators
account with the bank, they don't allow you to have
a debit cards.
Speaker 2 (34:13):
That's right, that's right. Yeah, I was referring to the
thing the good Smaritan. You're the good conservator and so
you did it legally. Right, So the money that you
spend on the person for whom you are the conservator
is an allowable expense because you are explicitly spending their
money on their behalf. Where people get into trouble is
(34:34):
where you have these See here's the problem with medicaid,
just fundamentally, so much of what people normally naturally do
for one another, family members, friends, et cetera. Okay, is
penalized under the medicaid rules. So nothing would be more
natural than having a grandchild take care of grandma grandpa. Okay,
(34:59):
very natural to do. Oh they're studying nursing. Oh it'd
be great, paying ten bucks an hour instead of forty. Yeah,
but you get penalized for that because you don't have
the correct care contract, you didn't do the market survey,
you don't have a doctor's prescription, on and on and on,
or like in the case with the person wrote in,
(35:20):
you've got a situation where you're really helping out a friend,
friend in need, friend indeed right, providing them a place
to live. You're paying their you know, your doing all
their bookkeeping and stuff, which is fine. But they're not conservators.
They're just helping this guy out right, so he gives
them money. All right. You see the difference you have.
(35:42):
You have the legal authority, you are, you are there representative,
you're standing for them. That's not what was going on
with the good Samaritan problem or usually in families, usually
you know, you don't get to be conservative for Grandma Grandpa.
Instead you're just helping out out of the goodness of
your heart. You know, it's terrible.
Speaker 3 (36:05):
Now, it is funny because he's on Social Security disability
and when I want to apply for his being the
personal representatives, they said, we don't care about the conservatorship.
Speaker 2 (36:19):
So kind of but that's true with Social Security. Well, well,
here's the thing. If you're if you're Social Security in
the veterans are the same way. If you're Social Security,
you don't want to be dealing with fifty states different
laws and god knows how many different counties, thousands of counties,
different rules. So what medic what social Security does and
(36:43):
what the veterans do. Veterans call it the fiduciary and
they call it representative paye. With the Social Security you
have to apply it social Security and they have their
home they're all excuse me, They have their own entire
parallel system for paying money to people who aren't the
person with the name on the check. So if you're
(37:04):
getting Social Security money from somebody, you're the representative payee
under social Security, you're the fiduciary under the veterans system,
and for everything else you're the conservator, which is what
you did legally otherwise, and it could all have been
avoided with power of attorney, except that Social Security and
Veterans don't accept power of attorney. If you're receiving benefits
(37:26):
from them, you have to comply with the representative payee
or the fiduciary enroll in that program in order to
have control. And it's all because you know, they're national
bureaucracies and they don't want to national response, right, and
they don't want to have to deal with thousands of
local probate codes and get into all that. So it's
(37:48):
a very streamlined, it's a wise use of your tax dollars.
They actoutly, don't waste all of it.
Speaker 3 (37:55):
Okay, well, but that's how that talking about utility. He
lived with me and he does.
Speaker 2 (38:04):
Pay yeah yeah, yeah yeah. But you're cool because you're
the conservator. You have the authority to spend his money.
The problem is when you don't have the authority, like
the Good Samaritan issue or the family issue, where you're
just you're just helping out. You just goodness of your
heart type stuff. It's the goodness of your heart that
(38:26):
gets you in trouble. Crazy. Thank you, Joseph, all right,
A good call, though, I appreciate it. You're listening to
the David Carrier Show on David Carrier. Your family's personal attorney.
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