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 business law. That's right, So six seventh of
the four, twenty four to twenty four, that's number to
call if you'd like to get your question, comment or
concern on the air.
Speaker 3 (00:41):
How easy is that? Very easy? We try to make
it easy.
Speaker 2 (00:44):
This is, of course, the famous, the very famous Labor
Day Show on long weekend right in the summer, unofficial
end of summer. It seems like we're just doing the
Memorial Day Show moments ago. But here we are at
at the end of the the summer, and well that's
just the way it is. Six one, seven, seven four,
(01:06):
twenty four, twenty four. You know, I was thinking, you
remember what you're here for, right this is where we
do a state planning, elder law, real estate and business law.
So if you're wondering about little's trusts or probate, if
you have someone in long term care, if you're looking
at long term care, if you're thinking about long term care,
(01:28):
if you wish you didn't have to think about long
term care. But that guy in the radio on Sunday mornings,
he talks about it. So you got to talk about it.
I got to think about it anyway. Well that's what
we do around here, right, And you know, the thought was,
the thought was, why do we worry about this stuff
so much? You know, I get that from time to time.
(01:49):
It's like, I mean, listen, this is thirty years, thirty
five years kind of doing the Dave Carrier thing, the
law thing on my own, you know, outside military, outside
the big law firm's kind of doing it on my own.
So so it pretty much I don't get to blame
anybody else for the way I do things simply because
(02:13):
you know, it's had my name on the door now
for thirty five years.
Speaker 3 (02:16):
So if it evolved into something, it's pretty much.
Speaker 2 (02:18):
My fault, which I accept. But but you know it
makes you think, well, what how did you get here.
I mean, why are we doing it this way? I
think Labor Day is a good time to Labor Day
is a good time to reflect on that exactly.
Speaker 3 (02:36):
Why is it? You know?
Speaker 2 (02:38):
Sometimes you wonder, well, why is it something bothers you
so much? Right? And of course most of it goes
back ask you know Sigmund Freud, you know he'll tell
you it goes back to your childhood. Well, maybe it does,
you know, that's why you know I'm pushing seventy right,
But still it's like, why is it that it absolutely
(03:00):
eyes me crazy when I see middle class people who
work and save and then they go broken long term care?
Speaker 3 (03:07):
Right? Why is that? You know? Psychologically? I mean, I
don't want.
Speaker 2 (03:12):
To turn this into whatever, but but it's like, why
why does it? Why does it bug me so much?
And why doesn't it? And and the worst of course
is you know, when you see something that bugs you,
you wonder, well, why isn't everybody else? Why doesn't bother
everybody else?
Speaker 3 (03:28):
Why is it?
Speaker 2 (03:29):
Why does it seem like it's only me who gives
a who really cares? Who really cares about this?
Speaker 3 (03:36):
Uh?
Speaker 2 (03:36):
You know, and there are some exceptions obviously, but but
why is it and uh, and I think it goes back.
I mean think the it's especially appropriate that here on
on Labor Day that we be that we'd be thinking
about it simply because the uh, I think that is
(03:57):
the need.
Speaker 3 (03:58):
I think that is.
Speaker 2 (04:00):
So here's the deal. My dad worked seventeen years at
two jobs, right with all the kids, eight kids, But
he worked seventeen years. He did the school teacher thing
by day, he worked bottling beer at a brewery at night.
Speaker 3 (04:15):
That's what he did seventeen years. And you know, and
it was.
Speaker 2 (04:23):
It kind of frustrates me a little bit when people
talk about, oh, you walk to school and it was
uphill both ways and it was always snowing, we'll screw you.
You know. Yeah, we did walk to school as a
matter of fact, and it was over a mile. And
if it was raining, you put your raincoat on. Nobody
give you a lift, you know, very rarely occasionally it
(04:45):
might happen that mom was going out for enger.
Speaker 3 (04:47):
I don't know.
Speaker 2 (04:48):
I don't think my mother ever drove us to school
that I can recall. And it rained a lot. You know,
it's a temperate climate, right, it rains and then you
get snow. She can't be driving you all the time.
So you walked and it wasn't uphill both ways, but
you still did it, you know. And and frankly, you know,
(05:10):
I'm thinking, well, why is it? Why is it that
that people who work and earn and then it's wasted?
Why why is that such a such an absolute I
don't know. It's not like I don't waste stuff.
Speaker 3 (05:26):
I know I do.
Speaker 2 (05:27):
But but the reflex the childhood reflexes are still there, right,
and and and this is what fries me about the
long term care stuff. It really does that that people
who should be okay, the people who should be you know, uh,
finishing up the journey in it with with pride and
(05:52):
with security and all the rest of that stuff. Right,
Why is it that those people are the ones who
get whacked in the back of the head with a
two bay four Why? You know, look, if you didn't work,
if you didn't save, or you know, bad things happened
or whatever. I mean, We've all got a million reasons
why bad things happen. And we all we've all had
(06:12):
our trials and tribulations. Okay, fine, okay, fine, that's you. Well, hey, look,
thank god you're in society you're in a nation that
cares about that. That will help you out right, and
we'll all help you out We don't mind it, and
it's it's good enough, okay, but we don't like to
get ripped off.
Speaker 3 (06:32):
Right.
Speaker 2 (06:33):
Who likes that? And it's not even that that, that's
not really what it is. There's a very strong I
believe in America. I think there's a very strong help
your neighbor do the righteous thing, all the rest of that.
You know, godliness is you know, goodness is its own
reward and all the rest.
Speaker 3 (06:52):
I think most people believe that. I think most Americans
believe that.
Speaker 2 (06:56):
And I think they I think the way you know,
they believe that is because that's how they actually behave.
That's what they do, that's how they act. Okay, So I'm.
Speaker 3 (07:05):
Not talking about you know, I'm not talking about that.
And now I'm live again.
Speaker 2 (07:11):
Well, hooray for that. All righty, welcome back to the
David Carrier Show. I'm still David Carrier, your family's personal attorney.
And take my microphone away. But that's all right. My
producer is a steel driving man, and he's going to
make sure that that's something Good's going to happen here anyway,
give me a call, Why don't you six one six
(07:32):
seven seven four twenty four twenty four. That six one
six seven seven four twenty four twenty four. We'll kind
of reboot this whole labor day thing when we get
when we start start over again at the top of
the at the bottom of the hour, how about that?
So uh, State Planning, elder Law, real estate and business LAN.
(07:53):
Just to kind of recap a little bit, the whole
idea here behind this practice is, Oh, now it says
not working again, John, Okay, but this is all right. Oh,
it's weird of goodness. One of these days we'll figure
(08:16):
out these tin cans, won't we. Anyway, The reason where
the reason we do this stuff?
Speaker 3 (08:20):
Right? Why is it?
Speaker 2 (08:22):
Why is the uh the uh the focus of this
firm put it that way? And and and now we've
got fourteen other ones or thirteen other ones, fourteen including mine.
You know, why do we have all these firms uh
state to you know, coast to coast at this point,
who are doing this kind of thing? And the answer
(08:42):
is it has to do with and this is true,
and most of the people, most of the partners in
this national law firm, we've got going most of them.
What we're what we're really all about, is making sure
that the people who work for a living get what
they have I've earned, get what they've paid for. And
(09:02):
all too often that does not happen. And the reason
it doesn't happen has to do with a lot of things.
It has to do with long term care. It has
to do with the baby boom. They say, well, what's
the baby boom got to do with it? I'll tell you,
there's a demographic. There's a big bunch of people who
are right now, who are getting old and who did
(09:24):
not have as many kids as their parents did. Because
they didn't have as many kids as their parents did.
There's a lot of people who need care and not
so many people to give the care. Well, demand for
care is up, supply of caregivers is down, and as
a consequence, the prices through the roof. And then the
question is, of course, how do we manage that, How
(09:45):
do we in America right make sure that people still
get the care, they still get the care that they need.
It's not an easy thing, right, It's expensive to provide
care for somebody, Okay, especially you know what the miracles
of modern meta how people are living much longer than
they used to. So you got to put those together.
(10:06):
Number One, there's a lot of us. Number Two, we're
living longer than we ever have. Number Three, we didn't
have as many kids as we used to. So you
put all those together, and what you've got is what
we're living through right now. And when you need the money,
you look wherever you can find it. And where are
they finding it right now? Well, they're finding it in
(10:30):
your life savings. Okay, I mean you got to pay
for this somehow, right, isn't that the idea? Got to
pay for it somehow? How are you going to pay
for it? And the answer is, we're going to take
it from the people who were unfortunate enough, who were
driven enough, who were whatever you want to call it,
to save and to build up. All right, that's where
(10:52):
it's coming from. And you're in the trap right now
of many people are maybe this doesn't just grib you,
but people who actually have enough life savings to be secure.
And I've talked to enough. Yeah, I know what it
means to you to have reached that level of security,
(11:12):
that level of success where you're feeling pretty good about
things and should be feeling pretty good about things. Unfortunately,
because of the expense of long term care, because of
the period of time when we happen to be living
through where the demand for care is very high, the
supply of caregivers is very low, the price goes through
(11:35):
the roof. Plus we need it longer than ever. That
part of the national wealth that goes to long term
care is greater than it's ever been, and it's not
going to stop for another twenty years. It's going to
be that. Well, you can't ride this one out. It's
not how it's going to work. So then the question
(11:57):
is what can you do about it? For thirty years,
my answer has been, well, let's not pay twice. Let's
not get a special deal. I don't want any special deals. Okay.
Just because you worked and you saved and you carried
the way you carried this on your back doesn't mean
you get it for free. You don't get it for free.
(12:19):
Nothing's free. Somebody's got to pay for everything. That's just
the way it is, okay, And what frustrates me is
the fact that you've already paid for it once. Why
should you have to pay for it again. I don't
see it.
Speaker 3 (12:34):
I don't.
Speaker 2 (12:34):
I don't understand that. I don't understand why people who
have worked and saved and you know, done their own
retire you maybe bought some annuities or invested whatever. Well,
does that mean you're not entitled? And entitled is the word?
Are you not entitled to your social security? I think
(12:55):
you are entitled to your social security. I think you
should get your social security. I think you should. I
think you earned it obviously, same way with the same
way with the medicare, right, and you paid in, you
should get out. That was the deal. But what most
people blink at or they don't you know, And it's
(13:18):
been we've been able to blink at it. We've been
able to deny the reality of the third leg of
that stool. See, there's three things that older folks need.
They need income, they need immediate health care, and they
need long term care. And nobody wants to admit about
the long term care. Nobody wants to go with that one.
I don't blame it. I don't either. All Right, it's
a hard thing to face the reality that that could happen,
(13:42):
that could happen to you. Who wants to admit it
but the consequence of not admitting it. And oh and
here's the other part, here's the hopeless part of it.
You know that you can't build up enough savings to
actually pay what it actually costs. You can't do it.
Not going to happen, all right, But that is why
(14:04):
for as long as you've drawn a paycheck, as long
as you've worked, you've paid into Social Security, Medicare and Medicaid.
You've paid into those. That's what your FYCA is all about. Okay,
And you keep on paying, You keep on paying. There
are people who make so much money a year that
they don't have to pay the Social Security part of
(14:26):
the FICA anymore, but they're still paying the Medicaid and
the Medicare. And there are folks, you know, think about
what you're paying on a monthly basis for you know,
if you wonder if this is a tax or not,
think about what you're paying for the Think about what
you're paying for Medicare. You know it's around one hundred
(14:47):
and fifty bucks a month. There are people paying multiples
of that, okay, because their income is higher. The higher
your income, the more your Medicare costs. Right, If you
wonder if it's a t act. Well, why are they
charging me more? Am I sicker than other people? No,
it's just a tax. It's just a way to get
(15:07):
more money to make the system work. That's what's going on, okay.
And the whole scheme is based on this is what
I think is based on you not recognizing what you
are entitled to. The less we can give you, the
(15:29):
better off we are, because the less expensive it is,
and the more we got for whoever else my focus here,
you know, And we call it a state planning or
whatever you want to call it. I don't care, all right,
elder law, retirement law. I like retirement law a lot
because it has to do with the fact that most
of us would like to retire at some point and
(15:51):
we wouldn't like to be impoverished when we do so.
So it seems that seems like a good one. But
I don't care what you call it. It's all about
making sure that middle class people, middle class people like
my mom and dad, you know, like my mom and
dad who seventeen years working two jobs. Okay, And as
(16:12):
soon as the youngest one got to kindergarten, Mom went
back into she was a nurse, went back into doing
private duty nursing in the whole nine yards. Okay. It
wasn't easy, It wasn't free. It wasn't oh, here you go,
you know, we'll take care of this for you. It
wasn't like that at all, right, And I'm not saying
(16:33):
it was terrible. I look back, it was a wonderful childhood.
You get to go out, you got to do stuff.
I mean, I don't know how kids these days do
it with all the homework they got. It's unbelievable, and
all the regimentation and all the restriction. Can't do this.
You can't do that. You can't do this, you can't
do that. You know, how many kids these days have
built a fort in a tree? How many have done that?
(16:56):
With nails there? Some of the nails were in the boards,
all right, right, you know, my brother got three stitches
in his head because we were we were in our
backyard building a boat. He was underneath it, and the
girl next door drove a nail into his head. It's like,
I mean, the kids that do that anymore, you know,
(17:17):
we're oh, no tetanus. It was a rusty nail. Well,
of course it was a rusty nail. You didn't use
new ones, you didn't get good ones, right, and there
we are building our you know, the neighborhood boat like
go figure. But that's not the way it is. I'm
not complaining about that. But what I am saying is
I don't like get ripped off. I don't like not
getting what I worked for. I don't like my parents.
(17:40):
I don't like people like my parents. Dare I say,
people like you not getting what you're paid for. And
that's what that's what this is all about. And on
Labor Day when we say yay, labor, yay, let's work
in people. Okay, good enough, I'm good. I'm good with that.
I'm down with that. Fine, wonderful. But let's get what
you're entitled to, what you worked for. You're listening to
(18:02):
the David Carrier Show. I'm David Carrier, and hopefully next
hour this damn thing will work.
Speaker 1 (18:07):
David's got the how too. You're looking for Just call
seven seven twenty four, twenty four. This is the David
Carrier Show.
Speaker 2 (18:16):
We welcome back to the David Carrier Show. I'm David Carrier,
your family's personal attorney. Now this is our Labor Day edition,
of course of the David Carrier Show. So we're very
happy to have you have you here. Uh, and all
you have to do to enjoy the show is, I
don't know, sit back and listen.
Speaker 3 (18:38):
Let me change the channel.
Speaker 2 (18:39):
Maybe that would maybe that would be more inducive or
conducive to your enjoyment, just to you know, go find
something that's worth listening to. But anyway, six one, six seven,
twenty four, twenty four, that's the number to call if
you'd like to get your question, comment or concern on
the air. Was at a wedding yesterday. You know how
sometimes you have brushes with greatness and every once in
(19:01):
a while, you know, you uh, you run into somebody,
you know, somebody amazing. And so yesterday, you know, we
go to the table, sit down, and uh, guess who
I'm sitting next to? Marge, Marge of Marg's Donuts. Can
you imagine that I had no idea that they was
going to be that, you know, absolutely fantastic. But she's
(19:22):
just a wonderful lady. And yeah, did you know she
was a banker. She was a banker, right she h.
Marge of Marg's Donut then started out as a banker
and then she wanted to spend more time with her kids.
So she opened the donut shop. And now she says
she can't get rid of the kids. But we can
(19:43):
understand that. But but seriously, she was a banker at first.
I had no I had no clue. But anyway, that
was that was delightful. And you know, we're talking with
other folks around the table, and of course this is
the Labor Day weekend, this is the Labor Day show, right,
so we don't we don't take we don't take Christmas. Well,
(20:03):
I do take Christmas off. It wasn't my idea. My
wife made me. But you know, we'll do the show. Uh,
you know, we'll do the show as as much as
we can, right all the time.
Speaker 3 (20:14):
Why not?
Speaker 2 (20:15):
So I know the other ones are pre recorded, they're terrible,
and every once in a while, every once in a
while we'll be, uh boy, scouting out there and there's
no there's nothing close enough to get a connection. So
you know, we'll miss out on those. But but most
of the time were we're live, and you know, I
like to keep it that way in case you have
(20:37):
any questions. And if you do have a question, that
six one six seven seven twenty four twenty four. And
one of the questions that is uh is all the
time perennial question that keeps coming up is you know
why a couple of questions. Really, it's like why doesn't
(20:57):
everybody do it this way? And why do you right?
Why is the focus here so much on the long
term care? Why is it so much on making sure
that your stuff lasts as long as you do? Like
what do we you know, why do we care? Right?
Speaker 3 (21:14):
Why?
Speaker 2 (21:14):
And why isn't everybody else doing it? Well? H that's
a really good question, isn't it. I mean, it's a
good question. It's a fair question because it's a it's accurate.
I mean, it's a it's a real it's a real
conundrum there if you want to, you know, real ridual
like why is it? And the more I think about it,
(21:37):
the less clear I become on it. But every once
in a while I get a little flash of little
flash of inspiration or you know, you kind of say, oh, well,
maybe that's it. And we were talking last night at
the at this wedding about things that things that you'd
known to For example, there's a kind of shoe that
(21:59):
most the other Scout leaders where okay, hi can chew,
and I always thought, what do I need that for?
And then I finally got up there several years ago
and it was like, ooh, now I get it. Now
I see why people are doing. It's expensive, but okay, fine,
now I understand. And same way with the coffee munk.
You know those vacuum coffee munks, right well, I would
(22:22):
never Styrofoam's good enough for me, you know, those plastic
kind you know when it's the dollars ninety nine with
the with the you know, when you get a discount
on the coffee that always been. But then I then
I actually got one for free. It was a gimme
at a at a trade show where I was presented,
(22:43):
and it's like, oh my goodness, this is this is
really this is really pretty fantastic. And it's it's things
like that, you know, you have you have that experience
and then you're which kind of brings you back. Which
made me sort of realize the degree to which my childhood,
(23:07):
you know, where we were, you know, pinching pennies all
the time because that's what you had to do. I mean,
eight kids in the family. You know, Dad worked two
jobs for seventeen years. He worked two jobs. He taught
school all day, came home, took a nap, right, went
to the went to the brewery where he bottled beer
all night, got home two o'clock in the morning. The
(23:29):
shift ended at two o'clock in the morning. He got
home later, took a nap, and went back to school.
And he did that for seventeen years. He said, Oh, teachers,
get the summer off. My dad was putting roofs on
in carpentering during the during the summertime. Okay, I mean
that's just the way it worked. And we all we
all started, you know, babysitting a chorus, but mowing lawns
(23:50):
and delivering newspaper. I mean I was seven years old
when I started out as a helper on another kid's route.
I didn't get my own paper root until I was nine.
My brother was eight. We had our own route. There
had almost one hundred papers. Every once in a while
we get one hundred, then we'll go back down to
like ninety two or something like. We lost you know,
(24:10):
people on the street. You lose the clients, but lose
the customers. But anyway, the point is that labor Day
has a real resonance for me and it because it's
about people who work for a living, and it does
seem to me that we've lost a lot of the respect, recognition, whatever.
(24:32):
And you say, well, what's that got to do with,
you know, medicaid planning or estate planning or something. It
has everything to do with it, because the way the
system is set up right now, it's the people who
work and save and do all the things that we
were told to do right, working and saving, showing up
(24:56):
on time, doing it right, all the rest. It's it's
people like that who take it in the neck when
it comes to when it comes to the long term care,
when it comes to the medicaid, and that just seems
I don't know, it seems as wrong as it can
be to me that people would that the people who
(25:18):
like I say, the people who work and say do
it all right, that they should, they should be disadvantaged.
But that is the way the system works. And then
the question is, well, as there's something we can do
about it, And my experience in the military suggests that, yeah, yeah,
there is. And you may not be able to see.
And I think this is this is a little bit
(25:41):
of why other people don't do it. I don't want to.
I can't mind read. I don't know why they're not
doing it, but it's most people are willing if you're
in a system, Okay, like military is a system. Let's
face it, Okay, it's a system, and most people are
willing to work within the system. All right, Just do
(26:03):
things the way people have been doing them, and the
law is all based on that. Right. We look at cases, right,
what's a law case a legal case. It's what somebody
else decided in something different. Right, there was another case,
and this is how it got interpreted. And even if
we can see now that it was wrong, we're going
to keep doing it the same way because everybody's counting
(26:26):
on us to do it that way. Do you see.
That's what they call starry decisives. It's the idea that, yeah, yeah,
we may have screwed up the interpretation of it, right,
but that was the interpretation those guys fifty years ago
came to, and we've been doing it that way ever since.
We don't want to upset the apple cart, even though
(26:48):
we can now look at it and say, yeah, they
were mistaken, they were just flat wrong about it. But
it's been that way forever, so let's keep it that way,
and that is the lawyer attitude, mentality, whatever you want
to say. I mean, that's the way it works, right.
The idea that there are these rules, they're interpreted a
(27:09):
certain way. You got to interpret them that way, and
that's what you got to do. Okay, well bs on
that in my opinion. Okay, See, most lawyers wanted to
be lawyers, right, there's something about this process that appeals
to some people, and like that's what they wanted to do, right.
(27:30):
They wanted to, you know, follow the rules and do
all the rest of Well. I became a lawyer because
the army wanted to make me a military intelligence officer,
and I sure hell didn't want to do that, so
I went to law school instead. You can decide whether
or not have made the right choice. But that's how
I wound up doing the legal thing because I was avoiding.
(27:53):
I was running away from something else in order to
in order to go to law school. Yeah. Pretty bad
choices if the good choice is going to law school.
But we're out of here. We'll be back in just
a minute. Welcome to the Labor Day edition of the
David Carriers Show. I'm David Carrier. Your family's personal attorney.
Speaker 1 (28:15):
David's perking and working and taking your calls. Now, this
is the David Carrier Show.
Speaker 2 (28:22):
Welcome back to the David Carrier Show. I'm David Carrier.
This is the special Labor Day edition of The David
Carrier Show. So if you've ever had a job, if
you ever thought about having a job, if you ever
know anybody had a job, then today's show is free.
How about that pretty good deal?
Speaker 3 (28:38):
Huh?
Speaker 2 (28:39):
Free, free, free for you if you're labor dad. Anyway,
the question is, of course I'm wrestling with And it
may be that you don't care at all, but it's
a reasonable because I get it from time time. It's like, well,
if what you guys are doing so great, how come
(29:00):
everybody isn't doing it? And I think it gets back
to and I think it's especially appropriate with Labor Day.
It's like because number one, it just annoys the hell
out of me that people who do all the good
things are getting ripped off. And that's what it is.
That is exactly. I have a hard time looking at
(29:22):
it as any other way. Now, does it meet the
criminal law definition of larceny taking and carrying away personal
property belong to another the intent to permanently deprived. No,
it doesn't meet that requirement. Does it meet embezzlement right
or conversion or any of the other standard legal definitions
of theft, No, it doesn't meet any of those definitions.
(29:45):
But if the system works a certain way, and the
system depends on most people not knowing how the system works,
and if the people who are most responsible for letting
(30:05):
regular folks know citizens know how the system works are
not doing that. Okay, See, Look, medicaid works a certain way,
all right, Taxes work a certain way. There's all kinds
of rules. But you can take deductions, you can take credits.
There's all kinds of things you can do with taxes. Okay,
(30:26):
there's all kinds of things you can do with it
if you know how the rules work. And there's the
same way with social Security, same with medicare some way
with medicaid. There's all kinds of things that you can
do within the bounds of the law. Right, and look,
here's the other here's the other thing. Here's the other
thing that. Oh, just because it's legal doesn't mean it's right. Absolutely.
(30:48):
That is fundamental. Fundamental is just because something's legal doesn't
make it correct doesn't.
Speaker 3 (30:56):
Make it right.
Speaker 2 (30:58):
So then you have to ask yourself, well, well, is
it right that the people who pay in to the system.
Is it right that they get something back? Right? If
there's a promise made, and sometimes it's an explicit promise
like social Security, sometimes it's an implicit promise, like with
(31:20):
Medicare Medicaid. But if there's a promise made and it's
legal to make them keep the promise, okay, then is
it a bad thing to make them keep the promise?
It doesn't seem like that's a bad thing to me.
It seems to me that by making the system work,
(31:41):
which it usually doesn't work, it doesn't okay. Precedent would suggest,
right that the way to plan your estate is to
worry about what happens to your stuff when you're dead. Well, okay, fine,
let's do that. Let's do that. Okay. But there are
two that traditionally are not used for middle class people,
(32:05):
traditionally not used for middle class people, that are very
beneficial to an awful lovel So why aren't those incorporated
in And I'm not talking now about long term care stuff.
I'm talking about making sure stuff actually gets to your kids.
I'm talking about doing the work to make sure that
the trust you have actually works, actually does what you
think it's going to do, which frankly, in most cases
(32:27):
not nearly enough. But it doesn't even do what you
think it's gonna do because there's no follow through. Right, Well,
maybe maybe just a thought. Maybe right, it should work
that way, Maybe you should get what you pay for.
Maybe the people, the gatekeepers, the people who know how
this stuff works, should be telling you how it works.
(32:51):
But that doesn't happen. Why not? And I go back
to the idea again that the law is based on
what used to happen, and let's just do that again.
Let's just do that again. And my experience in the
military is consistent with that because in the Marbles, in
the army, maybe other services are different. Could be, right,
(33:14):
I don't think so, but could be. So many people
are just doing what everybody else did. That if you
don't do what everybody else did, if you look for
the better way and you actually implement it, you can't
just nobody in the army.
Speaker 3 (33:34):
Wants to hear your ideas.
Speaker 2 (33:38):
You notice that in any situation, nobody wants to hear
Oh I had this great idea, Yeah, wonderful. Go tell
somebody else right and idea is a wonderful thing. I'm
glad you had ideas. Patch you on that, Ceilair. Thank
you for your ideas. So just have an ideas doesn't work.
You have to make it work. You have to show
the results. But and this is this was my experience
(34:01):
in military, and it was one of my kids was
in there too. It was his as I understand it.
It was his experience as well. I didn't live it,
but the stories that he told me, Okay, if you
do things differently and it works, and it works, okay,
then and not all, not all bosses are like this,
(34:21):
not all commanders are like this. But if you get
the right one right, you can't believe how happy they
are that that you actually came up with something new. See,
people get this idea that military is all this totally
rigid and stuff like that, and there's an awful lot
that is that way because you got so many people
and we're really trying to accomplish this one goal. But
(34:43):
the fact of the matter is if you demonstrate results,
then that tends to get adopted valued all the rest
of it. And then they say, then they send you
over the Pentagon. Oh thank you very much for that. Okay,
you know, to do more amazing things anyway. The point
is the law is like the army, but there's nobody
(35:05):
there saying, hey, there's no one there to recognize that
this is really better.
Speaker 3 (35:09):
You have to get out there.
Speaker 2 (35:10):
And this is what I've been doing for thirty years,
trying to get out there and say say, hey, here's
a different way of doing it. It actually works every
time you do it, it works, right. But in the military,
you'd have your boss, the people in the middle, right,
the people in the middle, they didn't get it, you know,
but if you just made it happen, then eventually, this
(35:34):
was just my experience, somebody further up the chain would say, oh,
that's a good thing. Let's keep doing that. In the meantime,
your boss is in the middle. They just want to
make sure you're cranking out what they want you to
crank out. So you have to do this in your
spare time. That's just my experience. But the law is different.
In the law, right, there's nobody to say, oh, that
(35:55):
was a good thing. In fact, the people who you
might expect to recognize that it's a good thing. Will
you get slammed by them because you're not doing what
everybody else is doing, because the law is all based
on you know, we're going to follow the rules the
way the rules have always been done, as opposed to,
well here's something that's actually better. Well, we're not interested
in actually better. You know, just one foot in front
(36:17):
of the other, Thank you very much, is really what
we're looking for. So if you're wondering on this Labor
day why it is we do things the way we do,
what's the burr under my saddle? It's watch my dad
work for seventeen years two jobs, right, and mom working,
everybody working, the whole family, where everybody got out there
and made something happen, right, And the idea that all
(36:39):
that work that people have put into it is now
turned to trash because you don't know how the rules work.
And it's like, give me crickets. Something's wrong here somewhere.
Why don't we reward the people who work and save
and do the good things on Labor Day of all times,
this is the time to say, hey, I did the work,
(37:00):
should get the reward, shouldn't you? Shouldn't you? That become
a bad idea. You've been listening to the David Carriers
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 business law. That's right, So six seventh of
the four, twenty four to twenty four, that's number to
call if you'd like to get your question, comment or
concern on the air.
Speaker 3 (00:41):
How easy is that? Very easy? We try to make
it easy.
Speaker 2 (00:44):
This is, of course, the famous, the very famous Labor
Day Show on long weekend right in the summer, unofficial
end of summer. It seems like we're just doing the
Memorial Day Show moments ago. But here we are at
at the end of the the summer, and well that's
just the way it is. Six one, seven, seven four,
(01:06):
twenty four, twenty four. You know, I was thinking, you
remember what you're here for, right this is where we
do a state planning, elder law, real estate and business law.
So if you're wondering about little's trusts or probate, if
you have someone in long term care, if you're looking
at long term care, if you're thinking about long term care,
(01:28):
if you wish you didn't have to think about long
term care. But that guy in the radio on Sunday mornings,
he talks about it. So you got to talk about it.
I got to think about it anyway. Well that's what
we do around here, right, And you know, the thought was,
the thought was, why do we worry about this stuff
so much? You know, I get that from time to time.
(01:49):
It's like, I mean, listen, this is thirty years, thirty
five years kind of doing the Dave Carrier thing, the
law thing on my own, you know, outside military, outside
the big law firm's kind of doing it on my own.
So so it pretty much I don't get to blame
anybody else for the way I do things simply because
(02:13):
you know, it's had my name on the door now
for thirty five years.
Speaker 3 (02:16):
So if it evolved into something, it's pretty much.
Speaker 2 (02:18):
My fault, which I accept. But but you know it
makes you think, well, what how did you get here.
I mean, why are we doing it this way? I
think Labor Day is a good time to Labor Day
is a good time to reflect on that exactly.
Speaker 3 (02:36):
Why is it? You know?
Speaker 2 (02:38):
Sometimes you wonder, well, why is it something bothers you
so much? Right? And of course most of it goes
back ask you know Sigmund Freud, you know he'll tell
you it goes back to your childhood. Well, maybe it does,
you know, that's why you know I'm pushing seventy right,
But still it's like, why is it that it absolutely
(03:00):
eyes me crazy when I see middle class people who
work and save and then they go broken long term care?
Speaker 3 (03:07):
Right? Why is that? You know? Psychologically? I mean, I
don't want.
Speaker 2 (03:12):
To turn this into whatever, but but it's like, why
why does it? Why does it bug me so much?
And why doesn't it? And and the worst of course
is you know, when you see something that bugs you,
you wonder, well, why isn't everybody else? Why doesn't bother
everybody else?
Speaker 3 (03:28):
Why is it?
Speaker 2 (03:29):
Why does it seem like it's only me who gives
a who really cares? Who really cares about this?
Speaker 3 (03:36):
Uh?
Speaker 2 (03:36):
You know, and there are some exceptions obviously, but but
why is it and uh, and I think it goes back.
I mean think the it's especially appropriate that here on
on Labor Day that we be that we'd be thinking
about it simply because the uh, I think that is
(03:57):
the need.
Speaker 3 (03:58):
I think that is.
Speaker 2 (04:00):
So here's the deal. My dad worked seventeen years at
two jobs, right with all the kids, eight kids, But
he worked seventeen years. He did the school teacher thing
by day, he worked bottling beer at a brewery at night.
Speaker 3 (04:15):
That's what he did seventeen years. And you know, and
it was.
Speaker 2 (04:23):
It kind of frustrates me a little bit when people
talk about, oh, you walk to school and it was
uphill both ways and it was always snowing, we'll screw you.
You know. Yeah, we did walk to school as a
matter of fact, and it was over a mile. And
if it was raining, you put your raincoat on. Nobody
give you a lift, you know, very rarely occasionally it
(04:45):
might happen that mom was going out for enger.
Speaker 3 (04:47):
I don't know.
Speaker 2 (04:48):
I don't think my mother ever drove us to school
that I can recall. And it rained a lot. You know,
it's a temperate climate, right, it rains and then you
get snow. She can't be driving you all the time.
So you walked and it wasn't uphill both ways, but
you still did it, you know. And and frankly, you know,
(05:10):
I'm thinking, well, why is it? Why is it that
that people who work and earn and then it's wasted?
Why why is that such a such an absolute I
don't know. It's not like I don't waste stuff.
Speaker 3 (05:26):
I know I do.
Speaker 2 (05:27):
But but the reflex the childhood reflexes are still there, right,
and and and this is what fries me about the
long term care stuff. It really does that that people
who should be okay, the people who should be you know, uh,
finishing up the journey in it with with pride and
(05:52):
with security and all the rest of that stuff. Right,
Why is it that those people are the ones who
get whacked in the back of the head with a
two bay four Why? You know, look, if you didn't work,
if you didn't save, or you know, bad things happened
or whatever. I mean, We've all got a million reasons
why bad things happen. And we all we've all had
(06:12):
our trials and tribulations. Okay, fine, okay, fine, that's you. Well, hey, look,
thank god you're in society you're in a nation that
cares about that. That will help you out right, and
we'll all help you out We don't mind it, and
it's it's good enough, okay, but we don't like to
get ripped off.
Speaker 3 (06:32):
Right.
Speaker 2 (06:33):
Who likes that? And it's not even that that, that's
not really what it is. There's a very strong I
believe in America. I think there's a very strong help
your neighbor do the righteous thing, all the rest of that.
You know, godliness is you know, goodness is its own
reward and all the rest.
Speaker 3 (06:52):
I think most people believe that. I think most Americans
believe that.
Speaker 2 (06:56):
And I think they I think the way you know,
they believe that is because that's how they actually behave.
That's what they do, that's how they act. Okay, So I'm.
Speaker 3 (07:05):
Not talking about you know, I'm not talking about that.
And now I'm live again.
Speaker 2 (07:11):
Well, hooray for that. All righty, welcome back to the
David Carrier Show. I'm still David Carrier, your family's personal attorney.
And take my microphone away. But that's all right. My
producer is a steel driving man, and he's going to
make sure that that's something Good's going to happen here anyway,
give me a call, Why don't you six one six
(07:32):
seven seven four twenty four twenty four. That six one
six seven seven four twenty four twenty four. We'll kind
of reboot this whole labor day thing when we get
when we start start over again at the top of
the at the bottom of the hour, how about that?
So uh, State Planning, elder Law, real estate and business LAN.
(07:53):
Just to kind of recap a little bit, the whole
idea here behind this practice is, Oh, now it says
not working again, John, Okay, but this is all right. Oh,
it's weird of goodness. One of these days we'll figure
(08:16):
out these tin cans, won't we. Anyway, The reason where
the reason we do this stuff?
Speaker 3 (08:20):
Right? Why is it?
Speaker 2 (08:22):
Why is the uh the uh the focus of this
firm put it that way? And and and now we've
got fourteen other ones or thirteen other ones, fourteen including mine.
You know, why do we have all these firms uh
state to you know, coast to coast at this point,
who are doing this kind of thing? And the answer
(08:42):
is it has to do with and this is true,
and most of the people, most of the partners in
this national law firm, we've got going most of them.
What we're what we're really all about, is making sure
that the people who work for a living get what
they have I've earned, get what they've paid for. And
(09:02):
all too often that does not happen. And the reason
it doesn't happen has to do with a lot of things.
It has to do with long term care. It has
to do with the baby boom. They say, well, what's
the baby boom got to do with it? I'll tell you,
there's a demographic. There's a big bunch of people who
are right now, who are getting old and who did
(09:24):
not have as many kids as their parents did. Because
they didn't have as many kids as their parents did.
There's a lot of people who need care and not
so many people to give the care. Well, demand for
care is up, supply of caregivers is down, and as
a consequence, the prices through the roof. And then the
question is, of course, how do we manage that, How
(09:45):
do we in America right make sure that people still
get the care, they still get the care that they need.
It's not an easy thing, right, It's expensive to provide
care for somebody, Okay, especially you know what the miracles
of modern meta how people are living much longer than
they used to. So you got to put those together.
(10:06):
Number One, there's a lot of us. Number Two, we're
living longer than we ever have. Number Three, we didn't
have as many kids as we used to. So you
put all those together, and what you've got is what
we're living through right now. And when you need the money,
you look wherever you can find it. And where are
they finding it right now? Well, they're finding it in
(10:30):
your life savings. Okay, I mean you got to pay
for this somehow, right, isn't that the idea? Got to
pay for it somehow? How are you going to pay
for it? And the answer is, we're going to take
it from the people who were unfortunate enough, who were
driven enough, who were whatever you want to call it,
to save and to build up. All right, that's where
(10:52):
it's coming from. And you're in the trap right now
of many people are maybe this doesn't just grib you,
but people who actually have enough life savings to be secure.
And I've talked to enough. Yeah, I know what it
means to you to have reached that level of security,
(11:12):
that level of success where you're feeling pretty good about
things and should be feeling pretty good about things. Unfortunately,
because of the expense of long term care, because of
the period of time when we happen to be living
through where the demand for care is very high, the
supply of caregivers is very low, the price goes through
(11:35):
the roof. Plus we need it longer than ever. That
part of the national wealth that goes to long term
care is greater than it's ever been, and it's not
going to stop for another twenty years. It's going to
be that. Well, you can't ride this one out. It's
not how it's going to work. So then the question
(11:57):
is what can you do about it? For thirty years,
my answer has been, well, let's not pay twice. Let's
not get a special deal. I don't want any special deals. Okay.
Just because you worked and you saved and you carried
the way you carried this on your back doesn't mean
you get it for free. You don't get it for free.
(12:19):
Nothing's free. Somebody's got to pay for everything. That's just
the way it is, okay, And what frustrates me is
the fact that you've already paid for it once. Why
should you have to pay for it again. I don't
see it.
Speaker 3 (12:34):
I don't.
Speaker 2 (12:34):
I don't understand that. I don't understand why people who
have worked and saved and you know, done their own
retire you maybe bought some annuities or invested whatever. Well,
does that mean you're not entitled? And entitled is the word?
Are you not entitled to your social security? I think
(12:55):
you are entitled to your social security. I think you
should get your social security. I think you should. I
think you earned it obviously, same way with the same
way with the medicare, right, and you paid in, you
should get out. That was the deal. But what most
people blink at or they don't you know, And it's
(13:18):
been we've been able to blink at it. We've been
able to deny the reality of the third leg of
that stool. See, there's three things that older folks need.
They need income, they need immediate health care, and they
need long term care. And nobody wants to admit about
the long term care. Nobody wants to go with that one.
I don't blame it. I don't either. All Right, it's
a hard thing to face the reality that that could happen,
(13:42):
that could happen to you. Who wants to admit it
but the consequence of not admitting it. And oh and
here's the other part, here's the hopeless part of it.
You know that you can't build up enough savings to
actually pay what it actually costs. You can't do it.
Not going to happen, all right, But that is why
(14:04):
for as long as you've drawn a paycheck, as long
as you've worked, you've paid into Social Security, Medicare and Medicaid.
You've paid into those. That's what your FYCA is all about. Okay,
And you keep on paying, You keep on paying. There
are people who make so much money a year that
they don't have to pay the Social Security part of
(14:26):
the FICA anymore, but they're still paying the Medicaid and
the Medicare. And there are folks, you know, think about
what you're paying on a monthly basis for you know,
if you wonder if this is a tax or not,
think about what you're paying for the Think about what
you're paying for Medicare. You know it's around one hundred
(14:47):
and fifty bucks a month. There are people paying multiples
of that, okay, because their income is higher. The higher
your income, the more your Medicare costs. Right, If you
wonder if it's a t act. Well, why are they
charging me more? Am I sicker than other people? No,
it's just a tax. It's just a way to get
(15:07):
more money to make the system work. That's what's going on, okay.
And the whole scheme is based on this is what
I think is based on you not recognizing what you
are entitled to. The less we can give you, the
(15:29):
better off we are, because the less expensive it is,
and the more we got for whoever else my focus here,
you know, And we call it a state planning or
whatever you want to call it. I don't care, all right,
elder law, retirement law. I like retirement law a lot
because it has to do with the fact that most
of us would like to retire at some point and
(15:51):
we wouldn't like to be impoverished when we do so.
So it seems that seems like a good one. But
I don't care what you call it. It's all about
making sure that middle class people, middle class people like
my mom and dad, you know, like my mom and
dad who seventeen years working two jobs. Okay, And as
(16:12):
soon as the youngest one got to kindergarten, Mom went
back into she was a nurse, went back into doing
private duty nursing in the whole nine yards. Okay. It
wasn't easy, It wasn't free. It wasn't oh, here you go,
you know, we'll take care of this for you. It
wasn't like that at all, right, And I'm not saying
(16:33):
it was terrible. I look back, it was a wonderful childhood.
You get to go out, you got to do stuff.
I mean, I don't know how kids these days do
it with all the homework they got. It's unbelievable, and
all the regimentation and all the restriction. Can't do this.
You can't do that. You can't do this, you can't
do that. You know, how many kids these days have
built a fort in a tree? How many have done that?
(16:56):
With nails there? Some of the nails were in the boards,
all right, right, you know, my brother got three stitches
in his head because we were we were in our
backyard building a boat. He was underneath it, and the
girl next door drove a nail into his head. It's like,
I mean, the kids that do that anymore, you know,
(17:17):
we're oh, no tetanus. It was a rusty nail. Well,
of course it was a rusty nail. You didn't use
new ones, you didn't get good ones, right, and there
we are building our you know, the neighborhood boat like
go figure. But that's not the way it is. I'm
not complaining about that. But what I am saying is
I don't like get ripped off. I don't like not
getting what I worked for. I don't like my parents.
(17:40):
I don't like people like my parents. Dare I say,
people like you not getting what you're paid for. And
that's what that's what this is all about. And on
Labor Day when we say yay, labor, yay, let's work
in people. Okay, good enough, I'm good. I'm good with that.
I'm down with that. Fine, wonderful. But let's get what
you're entitled to, what you worked for. You're listening to
(18:02):
the David Carrier Show. I'm David Carrier, and hopefully next
hour this damn thing will work.
Speaker 1 (18:07):
David's got the how too. You're looking for Just call
seven seven twenty four, twenty four. This is the David
Carrier Show.
Speaker 2 (18:16):
We welcome back to the David Carrier Show. I'm David Carrier,
your family's personal attorney. Now this is our Labor Day edition,
of course of the David Carrier Show. So we're very
happy to have you have you here. Uh, and all
you have to do to enjoy the show is, I
don't know, sit back and listen.
Speaker 3 (18:38):
Let me change the channel.
Speaker 2 (18:39):
Maybe that would maybe that would be more inducive or
conducive to your enjoyment, just to you know, go find
something that's worth listening to. But anyway, six one, six seven,
twenty four, twenty four, that's the number to call if
you'd like to get your question, comment or concern on
the air. Was at a wedding yesterday. You know how
sometimes you have brushes with greatness and every once in
(19:01):
a while, you know, you uh, you run into somebody,
you know, somebody amazing. And so yesterday, you know, we
go to the table, sit down, and uh, guess who
I'm sitting next to? Marge, Marge of Marg's Donuts. Can
you imagine that I had no idea that they was
going to be that, you know, absolutely fantastic. But she's
(19:22):
just a wonderful lady. And yeah, did you know she
was a banker. She was a banker, right she h.
Marge of Marg's Donut then started out as a banker
and then she wanted to spend more time with her kids.
So she opened the donut shop. And now she says
she can't get rid of the kids. But we can
(19:43):
understand that. But but seriously, she was a banker at first.
I had no I had no clue. But anyway, that
was that was delightful. And you know, we're talking with
other folks around the table, and of course this is
the Labor Day weekend, this is the Labor Day show, right,
so we don't we don't take we don't take Christmas. Well,
(20:03):
I do take Christmas off. It wasn't my idea. My
wife made me. But you know, we'll do the show. Uh,
you know, we'll do the show as as much as
we can, right all the time.
Speaker 3 (20:14):
Why not?
Speaker 2 (20:15):
So I know the other ones are pre recorded, they're terrible,
and every once in a while, every once in a
while we'll be, uh boy, scouting out there and there's
no there's nothing close enough to get a connection. So
you know, we'll miss out on those. But but most
of the time were we're live, and you know, I
like to keep it that way in case you have
(20:37):
any questions. And if you do have a question, that
six one six seven seven twenty four twenty four. And
one of the questions that is uh is all the
time perennial question that keeps coming up is you know
why a couple of questions. Really, it's like why doesn't
(20:57):
everybody do it this way? And why do you right?
Why is the focus here so much on the long
term care? Why is it so much on making sure
that your stuff lasts as long as you do? Like
what do we you know, why do we care? Right?
Speaker 3 (21:14):
Why?
Speaker 2 (21:14):
And why isn't everybody else doing it? Well? H that's
a really good question, isn't it. I mean, it's a
good question. It's a fair question because it's a it's accurate.
I mean, it's a it's a real it's a real
conundrum there if you want to, you know, real ridual
like why is it? And the more I think about it,
(21:37):
the less clear I become on it. But every once
in a while I get a little flash of little
flash of inspiration or you know, you kind of say, oh, well,
maybe that's it. And we were talking last night at
the at this wedding about things that things that you'd
known to For example, there's a kind of shoe that
(21:59):
most the other Scout leaders where okay, hi can chew,
and I always thought, what do I need that for?
And then I finally got up there several years ago
and it was like, ooh, now I get it. Now
I see why people are doing. It's expensive, but okay, fine,
now I understand. And same way with the coffee munk.
You know those vacuum coffee munks, right well, I would
(22:22):
never Styrofoam's good enough for me, you know, those plastic
kind you know when it's the dollars ninety nine with
the with the you know, when you get a discount
on the coffee that always been. But then I then
I actually got one for free. It was a gimme
at a at a trade show where I was presented,
(22:43):
and it's like, oh my goodness, this is this is
really this is really pretty fantastic. And it's it's things
like that, you know, you have you have that experience
and then you're which kind of brings you back. Which
made me sort of realize the degree to which my childhood,
(23:07):
you know, where we were, you know, pinching pennies all
the time because that's what you had to do. I mean,
eight kids in the family. You know, Dad worked two
jobs for seventeen years. He worked two jobs. He taught
school all day, came home, took a nap, right, went
to the went to the brewery where he bottled beer
all night, got home two o'clock in the morning. The
(23:29):
shift ended at two o'clock in the morning. He got
home later, took a nap, and went back to school.
And he did that for seventeen years. He said, Oh, teachers,
get the summer off. My dad was putting roofs on
in carpentering during the during the summertime. Okay, I mean
that's just the way it worked. And we all we
all started, you know, babysitting a chorus, but mowing lawns
(23:50):
and delivering newspaper. I mean I was seven years old
when I started out as a helper on another kid's route.
I didn't get my own paper root until I was nine.
My brother was eight. We had our own route. There
had almost one hundred papers. Every once in a while
we get one hundred, then we'll go back down to
like ninety two or something like. We lost you know,
(24:10):
people on the street. You lose the clients, but lose
the customers. But anyway, the point is that labor Day
has a real resonance for me and it because it's
about people who work for a living, and it does
seem to me that we've lost a lot of the respect, recognition, whatever.
(24:32):
And you say, well, what's that got to do with,
you know, medicaid planning or estate planning or something. It
has everything to do with it, because the way the
system is set up right now, it's the people who
work and save and do all the things that we
were told to do right, working and saving, showing up
(24:56):
on time, doing it right, all the rest. It's it's
people like that who take it in the neck when
it comes to when it comes to the long term care,
when it comes to the medicaid, and that just seems
I don't know, it seems as wrong as it can
be to me that people would that the people who
(25:18):
like I say, the people who work and say do
it all right, that they should, they should be disadvantaged.
But that is the way the system works. And then
the question is, well, as there's something we can do
about it, And my experience in the military suggests that, yeah, yeah,
there is. And you may not be able to see.
And I think this is this is a little bit
(25:41):
of why other people don't do it. I don't want to.
I can't mind read. I don't know why they're not
doing it, but it's most people are willing if you're
in a system, Okay, like military is a system. Let's
face it, Okay, it's a system, and most people are
willing to work within the system. All right, Just do
(26:03):
things the way people have been doing them, and the
law is all based on that. Right. We look at cases, right,
what's a law case a legal case. It's what somebody
else decided in something different. Right, there was another case,
and this is how it got interpreted. And even if
we can see now that it was wrong, we're going
to keep doing it the same way because everybody's counting
(26:26):
on us to do it that way. Do you see.
That's what they call starry decisives. It's the idea that, yeah, yeah,
we may have screwed up the interpretation of it, right,
but that was the interpretation those guys fifty years ago
came to, and we've been doing it that way ever since.
We don't want to upset the apple cart, even though
(26:48):
we can now look at it and say, yeah, they
were mistaken, they were just flat wrong about it. But
it's been that way forever, so let's keep it that way,
and that is the lawyer attitude, mentality, whatever you want
to say. I mean, that's the way it works, right.
The idea that there are these rules, they're interpreted a
(27:09):
certain way. You got to interpret them that way, and
that's what you got to do. Okay, well bs on
that in my opinion. Okay, See, most lawyers wanted to
be lawyers, right, there's something about this process that appeals
to some people, and like that's what they wanted to do, right.
(27:30):
They wanted to, you know, follow the rules and do
all the rest of Well. I became a lawyer because
the army wanted to make me a military intelligence officer,
and I sure hell didn't want to do that, so
I went to law school instead. You can decide whether
or not have made the right choice. But that's how
I wound up doing the legal thing because I was avoiding.
(27:53):
I was running away from something else in order to
in order to go to law school. Yeah. Pretty bad
choices if the good choice is going to law school.
But we're out of here. We'll be back in just
a minute. Welcome to the Labor Day edition of the
David Carriers Show. I'm David Carrier. Your family's personal attorney.
Speaker 1 (28:15):
David's perking and working and taking your calls. Now, this
is the David Carrier Show.
Speaker 2 (28:22):
Welcome back to the David Carrier Show. I'm David Carrier.
This is the special Labor Day edition of The David
Carrier Show. So if you've ever had a job, if
you ever thought about having a job, if you ever
know anybody had a job, then today's show is free.
How about that pretty good deal?
Speaker 3 (28:38):
Huh?
Speaker 2 (28:39):
Free, free, free for you if you're labor dad. Anyway,
the question is, of course I'm wrestling with And it
may be that you don't care at all, but it's
a reasonable because I get it from time time. It's like, well,
if what you guys are doing so great, how come
(29:00):
everybody isn't doing it? And I think it gets back
to and I think it's especially appropriate with Labor Day.
It's like because number one, it just annoys the hell
out of me that people who do all the good
things are getting ripped off. And that's what it is.
That is exactly. I have a hard time looking at
(29:22):
it as any other way. Now, does it meet the
criminal law definition of larceny taking and carrying away personal
property belong to another the intent to permanently deprived. No,
it doesn't meet that requirement. Does it meet embezzlement right
or conversion or any of the other standard legal definitions
of theft, No, it doesn't meet any of those definitions.
(29:45):
But if the system works a certain way, and the
system depends on most people not knowing how the system works,
and if the people who are most responsible for letting
(30:05):
regular folks know citizens know how the system works are
not doing that. Okay, See, Look, medicaid works a certain way,
all right, Taxes work a certain way. There's all kinds
of rules. But you can take deductions, you can take credits.
There's all kinds of things you can do with taxes. Okay,
(30:26):
there's all kinds of things you can do with it
if you know how the rules work. And there's the
same way with social Security, same with medicare some way
with medicaid. There's all kinds of things that you can
do within the bounds of the law. Right, and look,
here's the other here's the other thing. Here's the other
thing that. Oh, just because it's legal doesn't mean it's right. Absolutely.
(30:48):
That is fundamental. Fundamental is just because something's legal doesn't
make it correct doesn't.
Speaker 3 (30:56):
Make it right.
Speaker 2 (30:58):
So then you have to ask yourself, well, well, is
it right that the people who pay in to the system.
Is it right that they get something back? Right? If
there's a promise made, and sometimes it's an explicit promise
like social Security, sometimes it's an implicit promise, like with
(31:20):
Medicare Medicaid. But if there's a promise made and it's
legal to make them keep the promise, okay, then is
it a bad thing to make them keep the promise?
It doesn't seem like that's a bad thing to me.
It seems to me that by making the system work,
(31:41):
which it usually doesn't work, it doesn't okay. Precedent would suggest,
right that the way to plan your estate is to
worry about what happens to your stuff when you're dead. Well, okay, fine,
let's do that. Let's do that. Okay. But there are
two that traditionally are not used for middle class people,
(32:05):
traditionally not used for middle class people, that are very
beneficial to an awful lovel So why aren't those incorporated
in And I'm not talking now about long term care stuff.
I'm talking about making sure stuff actually gets to your kids.
I'm talking about doing the work to make sure that
the trust you have actually works, actually does what you
think it's going to do, which frankly, in most cases
(32:27):
not nearly enough. But it doesn't even do what you
think it's gonna do because there's no follow through. Right, Well,
maybe maybe just a thought. Maybe right, it should work
that way, Maybe you should get what you pay for.
Maybe the people, the gatekeepers, the people who know how
this stuff works, should be telling you how it works.
(32:51):
But that doesn't happen. Why not? And I go back
to the idea again that the law is based on
what used to happen, and let's just do that again.
Let's just do that again. And my experience in the
military is consistent with that because in the Marbles, in
the army, maybe other services are different. Could be, right,
(33:14):
I don't think so, but could be. So many people
are just doing what everybody else did. That if you
don't do what everybody else did, if you look for
the better way and you actually implement it, you can't
just nobody in the army.
Speaker 3 (33:34):
Wants to hear your ideas.
Speaker 2 (33:38):
You notice that in any situation, nobody wants to hear
Oh I had this great idea, Yeah, wonderful. Go tell
somebody else right and idea is a wonderful thing. I'm
glad you had ideas. Patch you on that, Ceilair. Thank
you for your ideas. So just have an ideas doesn't work.
You have to make it work. You have to show
the results. But and this is this was my experience
(34:01):
in military, and it was one of my kids was
in there too. It was his as I understand it.
It was his experience as well. I didn't live it,
but the stories that he told me, Okay, if you
do things differently and it works, and it works, okay,
then and not all, not all bosses are like this,
(34:21):
not all commanders are like this. But if you get
the right one right, you can't believe how happy they
are that that you actually came up with something new. See,
people get this idea that military is all this totally
rigid and stuff like that, and there's an awful lot
that is that way because you got so many people
and we're really trying to accomplish this one goal. But
(34:43):
the fact of the matter is if you demonstrate results,
then that tends to get adopted valued all the rest
of it. And then they say, then they send you
over the Pentagon. Oh thank you very much for that. Okay,
you know, to do more amazing things anyway. The point
is the law is like the army, but there's nobody
(35:05):
there saying, hey, there's no one there to recognize that
this is really better.
Speaker 3 (35:09):
You have to get out there.
Speaker 2 (35:10):
And this is what I've been doing for thirty years,
trying to get out there and say say, hey, here's
a different way of doing it. It actually works every
time you do it, it works, right. But in the military,
you'd have your boss, the people in the middle, right,
the people in the middle, they didn't get it, you know,
but if you just made it happen, then eventually, this
(35:34):
was just my experience, somebody further up the chain would say, oh,
that's a good thing. Let's keep doing that. In the meantime,
your boss is in the middle. They just want to
make sure you're cranking out what they want you to
crank out. So you have to do this in your
spare time. That's just my experience. But the law is different.
In the law, right, there's nobody to say, oh, that
(35:55):
was a good thing. In fact, the people who you
might expect to recognize that it's a good thing. Will
you get slammed by them because you're not doing what
everybody else is doing, because the law is all based
on you know, we're going to follow the rules the
way the rules have always been done, as opposed to,
well here's something that's actually better. Well, we're not interested
in actually better. You know, just one foot in front
(36:17):
of the other, Thank you very much, is really what
we're looking for. So if you're wondering on this Labor
day why it is we do things the way we do,
what's the burr under my saddle? It's watch my dad
work for seventeen years two jobs, right, and mom working,
everybody working, the whole family, where everybody got out there
and made something happen, right, And the idea that all
(36:39):
that work that people have put into it is now
turned to trash because you don't know how the rules work.
And it's like, give me crickets. Something's wrong here somewhere.
Why don't we reward the people who work and save
and do the good things on Labor Day of all times,
this is the time to say, hey, I did the work,
(37:00):
should get the reward, shouldn't you? Shouldn't you? That become
a bad idea. You've been listening to the David Carriers
Show on David Carrier. Your family's personal attorney,
Popular Podcasts
Stuff You Should Know
If you've ever wanted to know about champagne, satanism, the Stonewall Uprising, chaos theory, LSD, El Nino, true crime and Rosa Parks, then look no further. Josh and Chuck have you covered.
Crime Junkie
Does hearing about a true crime case always leave you scouring the internet for the truth behind the story? Dive into your next mystery with Crime Junkie. Every Monday, join your host Ashley Flowers as she unravels all the details of infamous and underreported true crime cases with her best friend Brit Prawat. From cold cases to missing persons and heroes in our community who seek justice, Crime Junkie is your destination for theories and stories you won’t hear anywhere else. Whether you're a seasoned true crime enthusiast or new to the genre, you'll find yourself on the edge of your seat awaiting a new episode every Monday. If you can never get enough true crime... Congratulations, you’ve found your people. Follow to join a community of Crime Junkies! Crime Junkie is presented by audiochuck Media Company.
NFL Daily with Gregg Rosenthal
Gregg Rosenthal and a rotating crew of elite NFL Media co-hosts, including Patrick Claybon, Colleen Wolfe, Steve Wyche, Nick Shook and Jourdan Rodrigue of The Athletic get you caught up daily on all the NFL news and analysis you need to be smarter and funnier than your friends.