Episode Transcript
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Speaker 1 (00:00):
Hello, and welcome to the David Carrier Show. I'm David Carrier,
your family's personal attorney. Now is the time to give.
Speaker 2 (00:07):
Us a call.
Speaker 1 (00:07):
Sixty one six seven seven four twenty four twenty four.
That's six one six seven seven four twenty four to
twenty four. Will get your question, comment or concern on
the air. That's how easy it is. Six one six
seven seven four twenty four to twenty four goes right
to the studio And if you don't want to go there,
then go to the website Davidcarrier Law dot com. Because
(00:30):
on Davidcarrier Law dot com we have got the most
advanced I mean, I'm looking around. I think I'm right
about this, finally right. I'm finally correct about something. It's
only been ah, it's only been forty two years of practice.
I might as well be right about something. But anyway,
I think it's the most advanced AI agent artificial intelligence
(00:52):
agent out there because it actually sounds kind of like me.
Not voice wise, well, it's a much better voice than mine.
But if you go on it, if you click on
the right clicker, you know, click on the right thing,
you can talk to it. It'll talk back to you,
ask it questions, it'll go through. It was trained on
our stuff, my stuff. So the answers that you get,
(01:16):
which are not answers, okay, it's a lively legal discussion,
but not legal advice. Don't don't do what the bot
tells you to do. But it is a lot more
valuable than oh go read these thirty two pages of stuff, okay,
on the on the website. So if you go there,
the as I say, we're constantly improving it, and I
(01:36):
think it's a it's actually been. We've had a couple
thousand people used it now and so farther the comments
have been extremely, extremely positive. So if there's a little
question that you want, and and again you can't totally
rely on this thing, okay, but at least it moves
the conversation forward and you can you can get some
information we believe reliable information right away.
Speaker 2 (02:00):
You know.
Speaker 1 (02:00):
But it's not legal advice, okay for that, For that
you gotta call a radio show anyway. No, No, I'm
just kidding about that. It's not legal advice on the
radio show either. It's radio show advice, is what it is.
And to give you some radio show advice, we've got
Rod on the line. Good morning, Rod, Welcome to the
David Carrier Show.
Speaker 3 (02:18):
Well, thank you, Hello.
Speaker 2 (02:22):
How can I help?
Speaker 3 (02:23):
Yes, right here, I have a question on charitable contributions.
I heard on the radio sometimes this week that charitable
contributions under the new text, Bellow, if you're write a
personal check for those, they will not be deductible from
your taxes.
Speaker 1 (02:44):
I thought the limit was like three hundred something like that.
Speaker 2 (02:48):
But I mean, what did you read that?
Speaker 3 (02:52):
Yeah, I mean was the idea.
Speaker 1 (02:55):
That it couldn't be a check at all? Or how
would you make how would you make your contribution?
Speaker 3 (02:59):
Then under personal checks they would not be deductible. And
I'm ninety years old and I did a very nice
distribution from my IRA, and they said one way of
getting as a tax deductible is make it out of
your IRA contribution and deduct that amount from your contence
(03:22):
your contribution.
Speaker 1 (03:24):
Well, the the thing with the IRA, and you need
to do it directly from your IRA because there are
some taxes. There's some taxes that even even if you itemized,
they wouldn't like it would affect your It would show
up his income for your medicare, your Medicare premium for example. Okay,
(03:44):
whereas if you made it directly from the IRA, then
it doesn't show up his income at all. So definitely,
if you're doing that, you know, if you're definitely doing that,
then it's going to do it directly from the IRA.
That's where you get the biggest tax benefit, right, because
you're avoiding you had to take the R and D anyway, right,
(04:05):
and then you have to pay the TAXI the require
minimum distribution, and this is a way to make your
charitable deduction, so it's not like you're deducting it. You're
never incurring the tax that was just going directly from
the IRA.
Speaker 3 (04:22):
Okay, okay. I make a big contribution to the Salvation
Army at Christmas and Marine Corps charge to TOT and
I've been doing it for years, and all of a sudden,
I heard you couldn't be writing in a tech you
wouldn't be able to detect it on your taxes.
Speaker 1 (04:38):
And so yeah, they're talking about making they've been talking
about making some level of deductions what they call in
above the line deduction. The thing is they've made the
standard exemption so large that most people don't itemize anymore.
And in order to give effect to that they've they've
(05:00):
really ratcheted back on what you can do personally in
terms of cash contributions and stuff. So you're right, it's
a it's a it's a real issue. But yeah, but
your solution, which is to make it directly from the IRA,
that's that's the good idea.
Speaker 2 (05:14):
I think.
Speaker 3 (05:15):
Okay, well, thank you, I appreciate.
Speaker 2 (05:17):
You know, yeah, no problem, no problem.
Speaker 1 (05:21):
Yeah, you know, that's that's one of the I think
what Rod is pointing out is one of the.
Speaker 2 (05:29):
Well what is it?
Speaker 1 (05:30):
They say, have you ever heard of the law of
unintended consequences? Especially when the government intends to do one thing,
the unintended consequences typically completely overwhelm the intended consequences. Like, oh, well,
I'll just give you an example.
Speaker 2 (05:49):
You know, I grew up.
Speaker 1 (05:50):
In New England and we had a very uh there
was a culture of family fisheries in New Bedford and
Fall River, Okay, where where the Portuguese and Portuguese descendants
had been doing the same boats forever in the day.
Speaker 2 (06:07):
Okay.
Speaker 1 (06:08):
Then the government comes in and says, oh, here's how
to make right, here's how in inefficient nets and stuff
like that. So we studied the problem here's how to
be much more energy efficient with your boats. New whole designs,
new catching techniques. Now, these were boats like farms that
had been passed on from generation, you know, the old
(06:29):
wooden ones, Okay, and they were making a living. Well,
what happened was these people who had no debt had
to go into debt to buy the new boats that
the government, and the government gave them money, didn't give
it to them and give them cheap loans to go
buy the boats. So all these Portuguese families, Portuguese fishermen,
(06:51):
they went you know, they're American citizens, but Portuguese descent anyway,
So they went out and bought the boats. Well, now
they had debt, so they had to get more fish
than they did before. And this was you know, in
the late seventies, I meant gas crisis, in all eighties
gas crisis and all that. Well, we had a lot
of Vietnamese people who came after the fall South Vietnam.
(07:14):
They came in and guess what they were fishermen and
guess what they bought the old boats. Now they would
go to sea, and whether that the Portuguese wouldn't go
to sea the old families, so Now not only did
the Portuguese Portuguese have to the traditional families, not only
do they have to catch more fish to pay for
(07:35):
the debt. Now they have competition from these folks running
their own boats. Guess what happened. They went out of business,
They went bankrupt. Guess who bought the boats, the new
boats the Vietnamese, which and I'm not complaining about it.
I'm just saying, you had this culture, tradition, everything else,
(07:56):
and the government came in, Oh, we're going to help
you with these new boats.
Speaker 2 (08:00):
Catch more.
Speaker 1 (08:00):
You won't have to be out as long the more
energy effishent.
Speaker 2 (08:03):
Blah blah blah blah blah. And what happened.
Speaker 1 (08:05):
They completely destroyed a culture of an American culture, you know,
the descendants that had been going on for decades. Okay,
then what are you supposed to happen? Then they cleaned
every codfish out of the Grand Banks. They fished like crazy,
and the fishery collapsed. That's what we're dealing with now.
(08:27):
Thanks for nothing, federal government. Okay, the idea wasn't to
destroy the fisheries. The idea was not the good intentions.
I hate it when people said, well, they meant well
what they meant, Well, yeah, it wound up with you know, horrible,
horrible results, but they meant, well, what you know, and
(08:50):
it's like this, It's like, well, look if we changed
the tax code over here to make it easier for
people of file their taxes not take deductions, et cet
et cetera. Okay, that's good. Oh, by the way, we're
gonna screw Toys for Tots and the Salvation Army, the
Marine Corps and the Salvation Army. We're gonna screw them
because now people like Rod don't make.
Speaker 2 (09:12):
Or they'll still do it.
Speaker 1 (09:14):
He'll still do it, but make the charitable contributions like
they use, you know, outsize charitable contributions that they used
to make because there was some tax benefit to it.
But again, and this is my point, always, if you
look hard enough, there's usually a way. And like in
Rod's case, Now it's not gonna work in every case,
but in Rod's case, he can still get the tax
(09:35):
benefit by making the contribution directly from his IRA. My
point is that when the government starts messing around with stuff,
the unintended consequences will be severe. But if you look
hard enough, there's generally a way you can fix the problem.
And that's what I've been doing thirty five years, has
been saying, Look, it's not about leaving stuff to your kids.
Speaker 2 (09:58):
Screw the kids.
Speaker 1 (09:59):
Let's figure out how to deal with the situation of
long term care, which is a government created situation. I mean, yeah,
people get to mention. I am not saying that's government created,
but the way we pay for it that is government created.
And the solutions are frequently worse than the problem. You've
been listening to the David Carrier Show. I'm David Carrier,
(10:19):
your family's personal attorney. Welcome back to the David Carrier Show.
I'm David Carriers. I'm David Carrier.
Speaker 2 (10:27):
You're a fan.
Speaker 1 (10:28):
I don't know all the time, Dave Carrier, your family's personal attorney.
You know, we just wrapped up the summer of baseball.
This was our summer of baseball. We scheduled four games,
we actually went to three. Highest attendance was over two
hundred and then we had sixty at our last game.
Speaker 2 (10:43):
So that was that was all good. And you know,
the white Caps there made it in so and.
Speaker 1 (10:48):
You say, well, what has baseball got to do with
legal stuff and whatnot? And of course we're doing other
things too, a car show and you know, the classic car,
drive in that sort of thing, and you say, well, what,
how does that? How does that add up? And the
answer is the people who do planning share a set
(11:11):
of values. All right, hard work, paying it forward, taking
care of things, all the rest, you know, the stuff
that you don't even think about on a day to
day basis.
Speaker 2 (11:23):
It's just stuff that you do. Right.
Speaker 1 (11:26):
You're not you're not wearing your heart on your sleeve
or your whatever whatever.
Speaker 3 (11:31):
You know.
Speaker 1 (11:31):
You're just you're just doing the things that are right
and fair and good to do. And what we found
was it's kind of fun doing things with people who
share that bedrock of values with you, whether it's a baseball.
Speaker 2 (11:48):
Game or a car show or what have you. And
what I see have seen over the.
Speaker 1 (11:55):
Years is when people do estate planning, it's the out
to buy something. All Right, I'm gonna buy a plan.
I'm gonna buy a book with a trust in it
and a will in it and this and a that,
and then I'm gonna be okay because I knew that
I had to have something, and now I've got something okay.
(12:19):
And it's a very very transactional. When I do workshops,
I frequently ask, not n one hundred percent of the time,
but frequently I don't know eighty percent of the time.
Whatever it is, it doesn't matter. The point is that
I always ask, when was the last time you saw
the attorney who drew up the trust or and universally,
(12:41):
the last time they saw the person who did that,
or were at the firm that did it was the
day they signed it. So there's no follow through, there's
no follow up, there's no making sure that it actually works,
there's no taking care of the changes in your life,
that kind of thing. So for us, that's that's a
huge big deal. Some of us remember the You remember
(13:05):
the movie Mary Poppins. Remember Mary Poppins, Julie Andrews and
Thick Van Dyke and I forget who the kids were,
But anyway, it doesn't matter. The point is Mary Poppins
recognized that a spoonful of sugar helps the medicine go down.
Speaker 2 (13:22):
Now.
Speaker 1 (13:22):
I know that nobody wants to do a state planning.
I get that nobody wants to talk about this stuff
except me. But okay, fine, I can, I can.
Speaker 2 (13:32):
I can.
Speaker 1 (13:35):
When reality slaps you in the face like a wet fish.
Eventually or dead fish whatever. Eventually, you you have to
you know, you have to give in to it. Okay,
so I give in to the idea that people don't
like doing this stuff.
Speaker 2 (13:48):
Fine, fine, But the fact.
Speaker 1 (13:52):
Of the matter is if it isn't maintained, if you're not
aware of what the developments are. Just like Rod was
just talking calling in about the you know, they've they've
completely revamp how you do charitable deductions. That that one big,
beautiful bill was packed with stuff that affects retirees now
mostly high income retirees. That's true, but there's all kinds
(14:14):
of stuff that they're changing. I was looking at some
of the some of the seminars.
Speaker 2 (14:18):
I'm going to be h.
Speaker 1 (14:21):
I get the tapes of them, you know, but on
my on my list, and it's like, how the hell
am I supposed to learn all this stuff?
Speaker 2 (14:28):
I mean, there's just so much going on.
Speaker 1 (14:30):
But if you don't, if you don't know about it,
then you're really at a disadvantage. Your clients are at
a disadvantage. So we gotta we got to keep keep
slogging away at it. But that's the But the point
is that when you get an a state plan. It's
not one and done. It's an ongoing relationship. It's an
ongoing thing. And so what we have done, like with
(14:54):
the summer of Baseball, with the Classic car, we'll do
the Christmas trees. We've got to Our fall event is
coming up. If you're a client, you should be getting
your postcard next week or two. We're going to do
three shifts at the museum. They can only put thirty
forty people in the room at the same time, so
instead of doing one seating for everybody, we're actually rotated.
(15:16):
We're going to do three seatings down there, just to
make sure everybody has enough time. And yeah, I'm going
to be talking at all three, so don't we're we're
going to record the first one and then just play
it again.
Speaker 2 (15:31):
No, we're not going to do that.
Speaker 1 (15:33):
So you get the question answer and all the rest.
But it's a way to bring people together to say,
here's your spoonful of sugar. You get to be in
a room with a bunch of other folks who are
just like you, talking and having a good time, and
make sure that the things that are important to you
that have changed in the law, you'll be aware of
those things, and you have the opportunity to talk to
(15:56):
us about things that have changed in your life, because
how often do you how often do you look.
Speaker 2 (16:01):
At this stuff?
Speaker 1 (16:02):
And one of the one of the great values of
really valuable thing of getting the group together right. And
sometimes it's hundreds and sometimes it's you know, tens or whatever,
doesn't whatever, But but the importance of having that group
together is that you hear what other people are thinking.
(16:26):
And lots of times someone will raise their hand with
the question you were thinking of, or they'll raise a
question that you weren't thinking of. But when somebody raises
that question, it's like, oh, yeah, that's that's a big
deal for us as well. So those are the that's
the sort of ongoing stuff that we do. And there
(16:47):
are various levels of it, you know, it depends on
what you want to do. But the idea is always
to be there for the folks who are counting on
us too, to give good information and respond okay. And
it's very difficult, it is, you know, been at it
for a long time, very difficult for folks to you know,
(17:12):
revisit the estate plan. We're doing trust review workshops every
week and we're encouraging people to come to them, okay,
so that your documents are updated, follow through and follow up.
It's a big deal. And this is why so many
estate plans fail and so many people go broke is because.
Speaker 2 (17:33):
There was no follow up. There was no follow through.
Speaker 1 (17:36):
The estate plan doesn't even work, doesn't even avoid probate.
Even got a trust, it doesn't avoid probate. Why because
there was no follow through, there was no follow up,
There was no making sure that it actually was put together,
not just appropriately, but implemented appropriately as well. You know,
a stack of documents is just a bunch of dead
tree hanging out there unless you do something with it.
(18:00):
And that's what our commitment has been, you know, over
the over the last thirty five years, is to make
sure it actually works for you. And if we've got
to go to the zoo from time to time, which
we did this summer, or do a baseball game or
have you know, we serve like five hundred hot dogs
at that classic car show and it wasn't It was
a couple of hundred burritos and I think like fifteen
(18:24):
or twenty pizzas. So you know, it's not like we
don't get attendance, you know, but it's fun. It's fun,
you bring the family in and have a good time.
But at the same time we're also thinking about this
other stuff.
Speaker 2 (18:35):
So there is a.
Speaker 1 (18:37):
There is the medicine goes down with that spoonful of sugar.
In case you were wondering, you've 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 is the time give us
a call six one six seven seven four twenty four
(18:57):
twenty four. That's six one six seven for twenty four
twenty four. You need to give us a call quickly,
because you know two hours goes fast, doesn't it. When
you're when you're when you're dealing with when you're dealing
with what fascinating stuff like this what we just say.
(19:20):
Let's get to one of our emails here. This is
my first impression. Can a nursing home facility ask for
your bank account? Can a nursing home facility? It says
the same place.
Speaker 2 (19:29):
My sister's in a nursing home.
Speaker 1 (19:30):
They're asking for her bank account state, which I cannot
retrieve because I'm not on her account. Yeah, well, they
want to get paid, you know, I mean that's part
of the deal. Also, most of the time, most of
the time, and it's really unfortunate, but most of the time,
when somebody does a, when someone does A enters into
(19:56):
a long term care facility, right, it's who who does
the who does the medicaid application? And the answer is
it's a it's a social worker.
Speaker 2 (20:05):
Frequently. Usually it's not somebody who's, uh, oh, we don't
want to lose your both. Uh.
Speaker 1 (20:12):
It's somebody who, you know, maybe they had some training
on them, maybe some on the job training, what have you.
But typically it's not someone who is really focused on
on the Medicaid. Sometimes it is, and you know, there
have been attempts. I don't know if there's still around anymore,
but there have been attempts to set up companies that
(20:34):
would process Medicaid applications. Uh, and it was just unbelievably bad.
The Well, think about it like this, you know, if
you if you wonder, well, why is it so difficult
to apply for the Medicaid?
Speaker 2 (20:49):
Why is it so difficult? Why do I need a lawyer?
Speaker 1 (20:51):
Blah blah, blah, okay, fine, I mean you don't go
ahead and try, you know, and then two or three
months go by and you're not qualified and all the rest,
and nobody's at fault because they're all pointing fingers at
each other.
Speaker 2 (21:02):
You know, I didn't.
Speaker 1 (21:05):
Over the years, we've just seen so many like people
make assumptions, They make assumptions that you don't have a
cottage or and they so often when someone goes into
long term care, they don't ask for the bank account.
They don't know what the financial situation is of the
person coming in.
Speaker 2 (21:22):
So the fact that.
Speaker 1 (21:25):
Nursing Home Change go bankrupt on a regular basis, the
bad debt write off is unbelievable. The amount of bad
debt that you have to write off in a long
term care facility. There's no mystery to this. It's happening
because because people they're not asking for the bank account
up front, it seems to me obvious that they should be. Okay,
(21:48):
So I can't. I can't help you. I'm not even
very sympathetic, you know. If yeah, if they want to
know what's in mom's bank account, they need to know it. Now,
you don't have a power of attorney, which means you
can't get access to it. So now you're looking at
probate court. You're looking at going to probate court to
get it at the very least the guardianship and maybe
(22:09):
or maybe just a protective order. But again, you wanted
to avoid the lawyer. Guess what you're not avoiding the lawyer.
And guess what.
Speaker 2 (22:19):
You know?
Speaker 1 (22:20):
Swimming lessons cost a lot less than a high seas rescue.
Put it that way, how's that for a strained analogy?
Speaker 3 (22:28):
Terrible?
Speaker 1 (22:30):
Okay, here's the one. Can someone transfer funds out of
a joint tenants with rights of survivor account without the
knowledge slash permission of the other account holder? My mom
and I have a mutual fund account registered joint tends
to rights a survivor. We've held this account for over
thirty years. She's always maintained the money in there.
Speaker 2 (22:47):
His mind.
Speaker 1 (22:47):
After her passing, been some family issues as of late,
with my younger sister inserting herself into parents' home. Oh gosh,
I've never heard this story before. Oh isn't this fascinating?
This never happens, my younger sister inserting herself into my
parents' home in financial matters. I recently received a demand
(23:09):
letter from sister tell me to remove my name from
the mutual fund account. I did not respond or did
comply with this demand. We're supposed to be Copoa's for
whatever that's worth, not much, which leads me to my question.
Is my mother or my sister's serving as my mother's
POA able to withdraw or transfer the funds in this
account without my knowledge, permission or signature, knowledge, permission or signature.
(23:31):
You have any recourse that this has happened. They live
in California. I currently died here. Uh, yeah, they can
do it. What do you think joint tens with the
race environment means? What it means is what it means
is that they can empty it. Of course, so can you,
which I'd be doing yesterday. All right, There is nothing
(23:53):
more common, nothing more common than this situation where everybody
just kind of getting along. Of course, will always get along.
Speaker 2 (24:01):
I'm blad blah blah.
Speaker 1 (24:02):
Here's the problem that you're faced with. This the parachute
kid and I was a parachute kid.
Speaker 2 (24:12):
Okay.
Speaker 1 (24:13):
The kids who are living with mom and dad on
a day to day basis, who are doing the things
that need to be done right, have to say no.
They have to say no. They have to say you
must do this and you can't do that. They're the
ones who take away the car keys. If you shouldn't
do just a sideline. Don't ever take away the car keys,
(24:36):
right right. What you want to do is disable the
vehicle so it has to be towed away and then
just keep putting it off afterward.
Speaker 2 (24:44):
Don't take the car keys.
Speaker 1 (24:45):
Don't make the scene, right, have them come at night
and drag the car away right after you pull the
sparkplug buyers out or something, all right, do that, don't
have the the you know that's a writer downer. Okay,
remember that. Don't ever fight your parents for the keys.
Don't disable the car, have it towed and then keep
making excuses about parts from timbuctoo or whatever.
Speaker 2 (25:08):
That the that's why the cars not back.
Speaker 1 (25:11):
Okay, do that anyway, you're the one who has to
do that, right. And if all your protection is joint
tenants with the rights of survivors, was no protection at all,
zero protection? Right, anybody can take the money out. You know,
what if mom gets in a car accident, gets sued, boom,
there goes the money, all right. What if sister gets
(25:34):
mom's poa, Boom, there goes the money. What if mom
needs long term care? Boom, there goes the money.
Speaker 2 (25:43):
This is this is what happens.
Speaker 1 (25:45):
Okay, this whole joint tenants thing, this is what happens
when people talk to each other.
Speaker 3 (25:51):
You know.
Speaker 1 (25:52):
So I'm all against people talking to each other. No,
go ahead, talk to anybody you want. Right. Oh, we
did this and it worked great. We don't need those lawyers. Yeah,
they just make things difficulty. Hey, okay, fine, right, I'm
not saying that this never works. I'm not saying that
it's not impossible for it to work. But what I
(26:14):
am saying is you have no reason, no reason for
thinking that it will. There's just too many things to
go wrong with it. And for all the times when
this kind of non planning, bone headed stuff, for every
time that it works, there's a million times it doesn't work. Okay,
(26:35):
But how many people talk about the stuff that doesn't work?
Speaker 2 (26:39):
All right? How many people? Oh?
Speaker 1 (26:40):
Yeah, I was a real idiot and I lost my
mom all or money. Oh and by the way, all
the money that I had put in. Oh and by
the way, you know, the promise that was made to
me that this money would be mine, right, which is
partly not the reason, but partly why I kept doing this.
Speaker 2 (26:57):
Right.
Speaker 1 (26:58):
It's not the reason I'd have done it anyway, okay,
but it was part of it, right. You can have
two reasons for doing something, all right, that's what this is. Okay,
And if it worked, you got away with it. You
got away with it, Yay, it worked, lucky you. But
(27:19):
lucky you. You're just lucky that this didn't happen to you.
That's why you don't do it like this. You got
a brain in your head. Sorry, I mean, I feel
sorry for this person, right, but but it's like, what
did you think was gonna happen? This is what happens,
(27:40):
and this is what the ladybird needs. This is what
the joint tenancies. This is with the joint on the account.
This is Oh, everybody knows, you know what every you
know what everybody knows. Everybody knows nothing nothing, nobody knows this.
And in fact, what your sister probably is thinking is
sister's been ripping you know, she lives all. You know,
(28:01):
we're here in California country away, right, you're ripping mom off.
That's what they think. That is what they think. You're
taking advantage of them. You're lucky, you don't have a
call from Adult Protective Services, you know, demanding an.
Speaker 2 (28:16):
Accounting and blah blah blah. You're lucky.
Speaker 1 (28:19):
But but what I would do is I just empty
the damn thing if there's anything left in it, which
there won't be, which there won't be, but if there was,
i'dn't do the freaking thing immediately, because if there's any
money in there now, there won't be next week.
Speaker 2 (28:36):
I promise you that.
Speaker 1 (28:37):
So anyway, and if they did take it, you have
zero recourse, no recourse at all. Too bad, so sad, right,
that promises worth the paper it's written on. Oh you
didn't write it down, Oh what do you know? Or
you didn't have a notary or whatever I mean. And
this is so pathetic because this is what I was
talking about before. It's honorable to wish to help out
(29:01):
the kid who's been helping you. That's an honorable thing.
That's a natural thing, that's.
Speaker 2 (29:05):
A good thing.
Speaker 1 (29:06):
And there's ways to do it, okay, that are enforceable
ways to do it where you have confidence that what
you want to have happen is what happens. But this
ain't it putting the kid on the account, big mistake.
Speaker 2 (29:20):
Don't do it. I've been listening to the.
Speaker 1 (29:22):
David Carrier Show on David Carrier.
Speaker 2 (29:24):
Your famili's personal attorney. Yore sweet eet not a honeybee.
Speaker 1 (29:32):
Now you're sweet like a honeybee. And they say lawyers
get it wrong. You're sweet like a honey bee. What
when was a honeybee sweet? I mean the honey bee
goes after sweet things, right, creates the honey But this
is sweet like a honey bee. What anyway, let's not
(29:53):
analyze song lyric Shall we just enjoy them?
Speaker 2 (29:56):
Anyway?
Speaker 1 (29:56):
Six one, six seven, twenty four to twenty four. That's
the number to call. But it's too late anyway, so
I don't even bother. Just drop me an email David
at David Carrier Law dot com David at Davidcarrier Law
dot com and we'll get your question, comment or concern
on the air. I just saw an interesting decision from
the Hawaii Supreme Court. The Hawaii Supreme Court. Now you think, oh,
(30:22):
you know Hawaii, it's part of the United States, right,
Well maybe not, because so here's the deed. This was
a case where the people set up a trust and
the trust said this land is to be used for
church purposes only, and if it's not used for church purposes,
(30:47):
then it goes to the state of Hawaii, like as
a park or something. I guess, right, So use it
for the church, and if you don't use it for
for church purposes, then you got to give it to
the state of Hawaii. Now there's a whole other thing
going on in Hawaii with leases and how it was
(31:07):
a kingdom and blah blah. Okay, so I'm guessing there's
some weirdness going on, Hawaiian weirdness going on. But the
idea is, right, use it for this purpose church purpose,
and if not, give it to the state. And the
decision was that's invalid. You can't leave property to for
(31:31):
church purposes only or give it to the state because
that violates the division between church and state. What well,
what was the RATIONALEI is sort of like, well, I
guess you could use it church purposes and then give
it to another person. I guess you could do that,
(31:52):
but if you're giving it to the state, now the
state is getting into religion. How the hell is the
state getting into religion? Well, because there was this provision
that had something to do with religion church purposes, and
if it wasn't used for.
Speaker 2 (32:07):
It, didn't give it to the state.
Speaker 1 (32:09):
And then somehow or other, the state is supposed to
decide whether or not it's being used for church purposes.
Speaker 2 (32:14):
Are you kidding me this? Now, there's a.
Speaker 1 (32:18):
Whole line of jurisprudence now coming out from the Supreme
Court about free exercise of religion, which really supports religious organizations,
little Sisters of the Poor and what have you that
would that this is like directly contrary to that. I mean,
the idea is not that we don't recognize that there's
(32:40):
religion out there, right, we recognize there's religion, and we
give credence to the religion. Okay, so doing things for
religious reasons are good reasons. And now the Hawaii Supreme
Court says, no, that's not a reason. Man's not a reason,
and that it's not a reason. What But but you say, well,
what do you expect from this guy who the guy
(33:01):
who wrote the opinion, He also wrote get this. He
also wrote that the Second Amendment doesn't apply in Hawaii,
the Second Amendment right to keep the bare arms because
it violates the spirit of aloha.
Speaker 2 (33:17):
That's out of his opinion.
Speaker 1 (33:18):
So anyway, if you wonder if you want and and
here's the other thing that's so twisted with this. When
I was going through law school, there was this new
idea called critical legal theory or critical legal studies, and
the idea was, there is no right and wrong. It's
all about who's got the power.
Speaker 2 (33:40):
Okay.
Speaker 1 (33:40):
And so if you believe in right and wrong, if
you believe that we should follow precedent and do the
best weekend to figure out what did the constitution mean
and enforce it that way, okay, Well you're an old
fuddy dudy. You should recognize it's all about power relationships.
That's all it is, all the law is.
Speaker 2 (34:01):
Now. I don't believe that.
Speaker 1 (34:02):
I believe instead that the government people you know, under
the you know, with the consent of the government and
all the rest, we're.
Speaker 2 (34:10):
Doing the best we can.
Speaker 1 (34:11):
Right, but we've always got our eyes on the prize
that we are complying with the law. There are rules
right that we have and we're going to obey those
rules and we're going to figure out what they mean.
And you know, and like that, it's not just about
who's got the most power.
Speaker 2 (34:28):
But these guys.
Speaker 1 (34:30):
Are Also it's all about who's got the power, and
we'll just do whatever we feel like. And the frustrating thing,
the most frustrating thing for me anyway. And sometimes I'm wondering,
you know, does anybody but me worry about this stuff?
I guess somebody, most people, you know, you live your life.
Speaker 2 (34:46):
I mean, what difference does it make?
Speaker 1 (34:48):
Right? But they accuse they the critical legal people, the
one who believe that it's all power, and it should
be all power, and we should recognize that it's all
power and then whatever we do the power of aloha
or whatever the hell, right, we can rewrite anything we
want because based on what we feel is fair now,
(35:09):
because there's a living constitution and all that kind of
you know, absolutely no foundation build a house on sand, right,
They accused the other side of that when you go
back to what was original, was originally intended, right, when
you do your best to do that, any little flaw.
Speaker 2 (35:29):
Is oh you see, they're just doing that, not us.
Speaker 1 (35:32):
You know, And it's like, wait a second, what's going
on here? Is what you were arguing for, right, you know?
It's a it's a I think that what we've got
going on now, going on now is a is a
turn back to the law. Is the law right, and
we should enforce the law. And the fact is that
(35:53):
we've got to undo a lot of this critical legal
stuff that was done before. Right, just judges kind of
going off on their emanations from numbers and all the
rest of this, and refocus on what the law is,
what it should be right from the from the very
get go change it if you want to amend it,
if you want to, if you can get an amendment.
Speaker 2 (36:14):
Through, okay, more power to you.
Speaker 1 (36:16):
That's where the consent of the governed is where the
legitimacy comes from. And if you're going to argue spirit
of aloha means, you know, the second the Constitution doesn't matter.
Speaker 2 (36:28):
I mean, think about that. Think about that.
Speaker 1 (36:31):
If if the spirit of aloha means the second Amendment
doesn't apply, why does the first Amendment apply? You know,
because it used to be a kingdom absolute monarchy, but
maybe the spirit of aloha it means absolute monarchy. I mean,
what can you not put into that bag? You know,
(36:51):
unless you read the law and good faith and all
the rest, if you really think it's just a power thing.
And then of course they were embarrassed because it is
just a power thing on their part, and you know
they're embarrassed by it because they they say that that's
what that's what the other side is doing. Okay, if
you don't think that that's what's going on, you got
(37:11):
to look around nowadays, not just in this area. I
mean this is kind of an extreme thing, but in
all areas, right, and realize that most of what they're
accusing you of is what they themselves are doing. And
we're so, oh, we want to be the good and
righteous people and we get accused of violating our rules
which we didn't violate. Right, So you try to, you know,
(37:35):
you assume good faith on the other side on the
other side.
Speaker 2 (37:41):
Decisions like this.
Speaker 1 (37:42):
Tell you can't assume good faith on the other side.
It's it's not it's not happening. So what can you do.
You work within the rules. You continue to work within
the rules, and you just live a good life if
you live a good life if you follow the you know,
follow the rules right, look around and be aware that
there are these other folks out there who are trying
(38:04):
to subvert the thing, and you know, it'll work out.
Speaker 2 (38:07):
It'll work out.
Speaker 1 (38:08):
The pendulum swings and I think it's swinging back right
now towards some common sense fairness and justice, and I'm
very heartened by it. Despite recent events, you've been listening
to the David Carrier Show. I'm David Carrier, your family's
personal attorney.
Hello, and welcome to the David Carrier Show. I'm David Carrier,
your family's personal attorney. Now is the time to give.
Speaker 2 (00:07):
Us a call.
Speaker 1 (00:07):
Sixty one six seven seven four twenty four twenty four.
That's six one six seven seven four twenty four to
twenty four. Will get your question, comment or concern on
the air. That's how easy it is. Six one six
seven seven four twenty four to twenty four goes right
to the studio And if you don't want to go there,
then go to the website Davidcarrier Law dot com. Because
(00:30):
on Davidcarrier Law dot com we have got the most
advanced I mean, I'm looking around. I think I'm right
about this, finally right. I'm finally correct about something. It's
only been ah, it's only been forty two years of practice.
I might as well be right about something. But anyway,
I think it's the most advanced AI agent artificial intelligence
(00:52):
agent out there because it actually sounds kind of like me.
Not voice wise, well, it's a much better voice than mine.
But if you go on it, if you click on
the right clicker, you know, click on the right thing,
you can talk to it. It'll talk back to you,
ask it questions, it'll go through. It was trained on
our stuff, my stuff. So the answers that you get,
(01:16):
which are not answers, okay, it's a lively legal discussion,
but not legal advice. Don't don't do what the bot
tells you to do. But it is a lot more
valuable than oh go read these thirty two pages of stuff, okay,
on the on the website. So if you go there,
the as I say, we're constantly improving it, and I
(01:36):
think it's a it's actually been. We've had a couple
thousand people used it now and so farther the comments
have been extremely, extremely positive. So if there's a little
question that you want, and and again you can't totally
rely on this thing, okay, but at least it moves
the conversation forward and you can you can get some
information we believe reliable information right away.
Speaker 2 (02:00):
You know.
Speaker 1 (02:00):
But it's not legal advice, okay for that, For that
you gotta call a radio show anyway. No, No, I'm
just kidding about that. It's not legal advice on the
radio show either. It's radio show advice, is what it is.
And to give you some radio show advice, we've got
Rod on the line. Good morning, Rod, Welcome to the
David Carrier Show.
Speaker 3 (02:18):
Well, thank you, Hello.
Speaker 2 (02:22):
How can I help?
Speaker 3 (02:23):
Yes, right here, I have a question on charitable contributions.
I heard on the radio sometimes this week that charitable
contributions under the new text, Bellow, if you're write a
personal check for those, they will not be deductible from
your taxes.
Speaker 1 (02:44):
I thought the limit was like three hundred something like that.
Speaker 2 (02:48):
But I mean, what did you read that?
Speaker 3 (02:52):
Yeah, I mean was the idea.
Speaker 1 (02:55):
That it couldn't be a check at all? Or how
would you make how would you make your contribution?
Speaker 3 (02:59):
Then under personal checks they would not be deductible. And
I'm ninety years old and I did a very nice
distribution from my IRA, and they said one way of
getting as a tax deductible is make it out of
your IRA contribution and deduct that amount from your contence
(03:22):
your contribution.
Speaker 1 (03:24):
Well, the the thing with the IRA, and you need
to do it directly from your IRA because there are
some taxes. There's some taxes that even even if you itemized,
they wouldn't like it would affect your It would show
up his income for your medicare, your Medicare premium for example. Okay,
(03:44):
whereas if you made it directly from the IRA, then
it doesn't show up his income at all. So definitely,
if you're doing that, you know, if you're definitely doing that,
then it's going to do it directly from the IRA.
That's where you get the biggest tax benefit, right, because
you're avoiding you had to take the R and D anyway, right,
(04:05):
and then you have to pay the TAXI the require
minimum distribution, and this is a way to make your
charitable deduction, so it's not like you're deducting it. You're
never incurring the tax that was just going directly from
the IRA.
Speaker 3 (04:22):
Okay, okay. I make a big contribution to the Salvation
Army at Christmas and Marine Corps charge to TOT and
I've been doing it for years, and all of a sudden,
I heard you couldn't be writing in a tech you
wouldn't be able to detect it on your taxes.
Speaker 1 (04:38):
And so yeah, they're talking about making they've been talking
about making some level of deductions what they call in
above the line deduction. The thing is they've made the
standard exemption so large that most people don't itemize anymore.
And in order to give effect to that they've they've
(05:00):
really ratcheted back on what you can do personally in
terms of cash contributions and stuff. So you're right, it's
a it's a it's a real issue. But yeah, but
your solution, which is to make it directly from the IRA,
that's that's the good idea.
Speaker 2 (05:14):
I think.
Speaker 3 (05:15):
Okay, well, thank you, I appreciate.
Speaker 2 (05:17):
You know, yeah, no problem, no problem.
Speaker 1 (05:21):
Yeah, you know, that's that's one of the I think
what Rod is pointing out is one of the.
Speaker 2 (05:29):
Well what is it?
Speaker 1 (05:30):
They say, have you ever heard of the law of
unintended consequences? Especially when the government intends to do one thing,
the unintended consequences typically completely overwhelm the intended consequences. Like, oh, well,
I'll just give you an example.
Speaker 2 (05:49):
You know, I grew up.
Speaker 1 (05:50):
In New England and we had a very uh there
was a culture of family fisheries in New Bedford and
Fall River, Okay, where where the Portuguese and Portuguese descendants
had been doing the same boats forever in the day.
Speaker 2 (06:07):
Okay.
Speaker 1 (06:08):
Then the government comes in and says, oh, here's how
to make right, here's how in inefficient nets and stuff
like that. So we studied the problem here's how to
be much more energy efficient with your boats. New whole designs,
new catching techniques. Now, these were boats like farms that
had been passed on from generation, you know, the old
(06:29):
wooden ones, Okay, and they were making a living. Well,
what happened was these people who had no debt had
to go into debt to buy the new boats that
the government, and the government gave them money, didn't give
it to them and give them cheap loans to go
buy the boats. So all these Portuguese families, Portuguese fishermen,
(06:51):
they went you know, they're American citizens, but Portuguese descent anyway,
So they went out and bought the boats. Well, now
they had debt, so they had to get more fish
than they did before. And this was you know, in
the late seventies, I meant gas crisis, in all eighties
gas crisis and all that. Well, we had a lot
of Vietnamese people who came after the fall South Vietnam.
(07:14):
They came in and guess what they were fishermen and
guess what they bought the old boats. Now they would
go to sea, and whether that the Portuguese wouldn't go
to sea the old families, so Now not only did
the Portuguese Portuguese have to the traditional families, not only
do they have to catch more fish to pay for
(07:35):
the debt. Now they have competition from these folks running
their own boats. Guess what happened. They went out of business,
They went bankrupt. Guess who bought the boats, the new
boats the Vietnamese, which and I'm not complaining about it.
I'm just saying, you had this culture, tradition, everything else,
(07:56):
and the government came in, Oh, we're going to help
you with these new boats.
Speaker 2 (08:00):
Catch more.
Speaker 1 (08:00):
You won't have to be out as long the more
energy effishent.
Speaker 2 (08:03):
Blah blah blah blah blah. And what happened.
Speaker 1 (08:05):
They completely destroyed a culture of an American culture, you know,
the descendants that had been going on for decades. Okay,
then what are you supposed to happen? Then they cleaned
every codfish out of the Grand Banks. They fished like crazy,
and the fishery collapsed. That's what we're dealing with now.
(08:27):
Thanks for nothing, federal government. Okay, the idea wasn't to
destroy the fisheries. The idea was not the good intentions.
I hate it when people said, well, they meant well
what they meant, Well, yeah, it wound up with you know, horrible,
horrible results, but they meant, well, what you know, and
(08:50):
it's like this, It's like, well, look if we changed
the tax code over here to make it easier for
people of file their taxes not take deductions, et cet
et cetera. Okay, that's good. Oh, by the way, we're
gonna screw Toys for Tots and the Salvation Army, the
Marine Corps and the Salvation Army. We're gonna screw them
because now people like Rod don't make.
Speaker 2 (09:12):
Or they'll still do it.
Speaker 1 (09:14):
He'll still do it, but make the charitable contributions like
they use, you know, outsize charitable contributions that they used
to make because there was some tax benefit to it.
But again, and this is my point, always, if you
look hard enough, there's usually a way. And like in
Rod's case, Now it's not gonna work in every case,
but in Rod's case, he can still get the tax
(09:35):
benefit by making the contribution directly from his IRA. My
point is that when the government starts messing around with stuff,
the unintended consequences will be severe. But if you look
hard enough, there's generally a way you can fix the problem.
And that's what I've been doing thirty five years, has
been saying, Look, it's not about leaving stuff to your kids.
Speaker 2 (09:58):
Screw the kids.
Speaker 1 (09:59):
Let's figure out how to deal with the situation of
long term care, which is a government created situation. I mean, yeah,
people get to mention. I am not saying that's government created,
but the way we pay for it that is government created.
And the solutions are frequently worse than the problem. You've
been listening to the David Carrier Show. I'm David Carrier,
(10:19):
your family's personal attorney. Welcome back to the David Carrier Show.
I'm David Carriers. I'm David Carrier.
Speaker 2 (10:27):
You're a fan.
Speaker 1 (10:28):
I don't know all the time, Dave Carrier, your family's personal attorney.
You know, we just wrapped up the summer of baseball.
This was our summer of baseball. We scheduled four games,
we actually went to three. Highest attendance was over two
hundred and then we had sixty at our last game.
Speaker 2 (10:43):
So that was that was all good. And you know,
the white Caps there made it in so and.
Speaker 1 (10:48):
You say, well, what has baseball got to do with
legal stuff and whatnot? And of course we're doing other
things too, a car show and you know, the classic car,
drive in that sort of thing, and you say, well, what,
how does that? How does that add up? And the
answer is the people who do planning share a set
(11:11):
of values. All right, hard work, paying it forward, taking
care of things, all the rest, you know, the stuff
that you don't even think about on a day to
day basis.
Speaker 2 (11:23):
It's just stuff that you do. Right.
Speaker 1 (11:26):
You're not you're not wearing your heart on your sleeve
or your whatever whatever.
Speaker 3 (11:31):
You know.
Speaker 1 (11:31):
You're just you're just doing the things that are right
and fair and good to do. And what we found
was it's kind of fun doing things with people who
share that bedrock of values with you, whether it's a baseball.
Speaker 2 (11:48):
Game or a car show or what have you. And
what I see have seen over the.
Speaker 1 (11:55):
Years is when people do estate planning, it's the out
to buy something. All Right, I'm gonna buy a plan.
I'm gonna buy a book with a trust in it
and a will in it and this and a that,
and then I'm gonna be okay because I knew that
I had to have something, and now I've got something okay.
(12:19):
And it's a very very transactional. When I do workshops,
I frequently ask, not n one hundred percent of the time,
but frequently I don't know eighty percent of the time.
Whatever it is, it doesn't matter. The point is that
I always ask, when was the last time you saw
the attorney who drew up the trust or and universally,
(12:41):
the last time they saw the person who did that,
or were at the firm that did it was the
day they signed it. So there's no follow through, there's
no follow up, there's no making sure that it actually works,
there's no taking care of the changes in your life,
that kind of thing. So for us, that's that's a
huge big deal. Some of us remember the You remember
(13:05):
the movie Mary Poppins. Remember Mary Poppins, Julie Andrews and
Thick Van Dyke and I forget who the kids were,
But anyway, it doesn't matter. The point is Mary Poppins
recognized that a spoonful of sugar helps the medicine go down.
Speaker 2 (13:22):
Now.
Speaker 1 (13:22):
I know that nobody wants to do a state planning.
I get that nobody wants to talk about this stuff
except me. But okay, fine, I can, I can.
Speaker 2 (13:32):
I can.
Speaker 1 (13:35):
When reality slaps you in the face like a wet fish.
Eventually or dead fish whatever. Eventually, you you have to
you know, you have to give in to it. Okay,
so I give in to the idea that people don't
like doing this stuff.
Speaker 2 (13:48):
Fine, fine, But the fact.
Speaker 1 (13:52):
Of the matter is if it isn't maintained, if you're not
aware of what the developments are. Just like Rod was
just talking calling in about the you know, they've they've
completely revamp how you do charitable deductions. That that one big,
beautiful bill was packed with stuff that affects retirees now
mostly high income retirees. That's true, but there's all kinds
(14:14):
of stuff that they're changing. I was looking at some
of the some of the seminars.
Speaker 2 (14:18):
I'm going to be h.
Speaker 1 (14:21):
I get the tapes of them, you know, but on
my on my list, and it's like, how the hell
am I supposed to learn all this stuff?
Speaker 2 (14:28):
I mean, there's just so much going on.
Speaker 1 (14:30):
But if you don't, if you don't know about it,
then you're really at a disadvantage. Your clients are at
a disadvantage. So we gotta we got to keep keep
slogging away at it. But that's the But the point
is that when you get an a state plan. It's
not one and done. It's an ongoing relationship. It's an
ongoing thing. And so what we have done, like with
(14:54):
the summer of Baseball, with the Classic car, we'll do
the Christmas trees. We've got to Our fall event is
coming up. If you're a client, you should be getting
your postcard next week or two. We're going to do
three shifts at the museum. They can only put thirty
forty people in the room at the same time, so
instead of doing one seating for everybody, we're actually rotated.
(15:16):
We're going to do three seatings down there, just to
make sure everybody has enough time. And yeah, I'm going
to be talking at all three, so don't we're we're
going to record the first one and then just play
it again.
Speaker 2 (15:31):
No, we're not going to do that.
Speaker 1 (15:33):
So you get the question answer and all the rest.
But it's a way to bring people together to say,
here's your spoonful of sugar. You get to be in
a room with a bunch of other folks who are
just like you, talking and having a good time, and
make sure that the things that are important to you
that have changed in the law, you'll be aware of
those things, and you have the opportunity to talk to
(15:56):
us about things that have changed in your life, because
how often do you how often do you look.
Speaker 2 (16:01):
At this stuff?
Speaker 1 (16:02):
And one of the one of the great values of
really valuable thing of getting the group together right. And
sometimes it's hundreds and sometimes it's you know, tens or whatever,
doesn't whatever, But but the importance of having that group
together is that you hear what other people are thinking.
(16:26):
And lots of times someone will raise their hand with
the question you were thinking of, or they'll raise a
question that you weren't thinking of. But when somebody raises
that question, it's like, oh, yeah, that's that's a big
deal for us as well. So those are the that's
the sort of ongoing stuff that we do. And there
(16:47):
are various levels of it, you know, it depends on
what you want to do. But the idea is always
to be there for the folks who are counting on
us too, to give good information and respond okay. And
it's very difficult, it is, you know, been at it
for a long time, very difficult for folks to you know,
(17:12):
revisit the estate plan. We're doing trust review workshops every
week and we're encouraging people to come to them, okay,
so that your documents are updated, follow through and follow up.
It's a big deal. And this is why so many
estate plans fail and so many people go broke is because.
Speaker 2 (17:33):
There was no follow up. There was no follow through.
Speaker 1 (17:36):
The estate plan doesn't even work, doesn't even avoid probate.
Even got a trust, it doesn't avoid probate. Why because
there was no follow through, there was no follow up,
There was no making sure that it actually was put together,
not just appropriately, but implemented appropriately as well. You know,
a stack of documents is just a bunch of dead
tree hanging out there unless you do something with it.
(18:00):
And that's what our commitment has been, you know, over
the over the last thirty five years, is to make
sure it actually works for you. And if we've got
to go to the zoo from time to time, which
we did this summer, or do a baseball game or
have you know, we serve like five hundred hot dogs
at that classic car show and it wasn't It was
a couple of hundred burritos and I think like fifteen
(18:24):
or twenty pizzas. So you know, it's not like we
don't get attendance, you know, but it's fun. It's fun,
you bring the family in and have a good time.
But at the same time we're also thinking about this
other stuff.
Speaker 2 (18:35):
So there is a.
Speaker 1 (18:37):
There is the medicine goes down with that spoonful of sugar.
In case you were wondering, you've 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 is the time give us
a call six one six seven seven four twenty four
(18:57):
twenty four. That's six one six seven for twenty four
twenty four. You need to give us a call quickly,
because you know two hours goes fast, doesn't it. When
you're when you're when you're dealing with when you're dealing
with what fascinating stuff like this what we just say.
(19:20):
Let's get to one of our emails here. This is
my first impression. Can a nursing home facility ask for
your bank account? Can a nursing home facility? It says
the same place.
Speaker 2 (19:29):
My sister's in a nursing home.
Speaker 1 (19:30):
They're asking for her bank account state, which I cannot
retrieve because I'm not on her account. Yeah, well, they
want to get paid, you know, I mean that's part
of the deal. Also, most of the time, most of
the time, and it's really unfortunate, but most of the time,
when somebody does a, when someone does A enters into
(19:56):
a long term care facility, right, it's who who does
the who does the medicaid application? And the answer is
it's a it's a social worker.
Speaker 2 (20:05):
Frequently. Usually it's not somebody who's, uh, oh, we don't
want to lose your both. Uh.
Speaker 1 (20:12):
It's somebody who, you know, maybe they had some training
on them, maybe some on the job training, what have you.
But typically it's not someone who is really focused on
on the Medicaid. Sometimes it is, and you know, there
have been attempts. I don't know if there's still around anymore,
but there have been attempts to set up companies that
(20:34):
would process Medicaid applications. Uh, and it was just unbelievably bad.
The Well, think about it like this, you know, if
you if you wonder, well, why is it so difficult
to apply for the Medicaid?
Speaker 2 (20:49):
Why is it so difficult? Why do I need a lawyer?
Speaker 1 (20:51):
Blah blah, blah, okay, fine, I mean you don't go
ahead and try, you know, and then two or three
months go by and you're not qualified and all the rest,
and nobody's at fault because they're all pointing fingers at
each other.
Speaker 2 (21:02):
You know, I didn't.
Speaker 1 (21:05):
Over the years, we've just seen so many like people
make assumptions, They make assumptions that you don't have a
cottage or and they so often when someone goes into
long term care, they don't ask for the bank account.
They don't know what the financial situation is of the
person coming in.
Speaker 2 (21:22):
So the fact that.
Speaker 1 (21:25):
Nursing Home Change go bankrupt on a regular basis, the
bad debt write off is unbelievable. The amount of bad
debt that you have to write off in a long
term care facility. There's no mystery to this. It's happening
because because people they're not asking for the bank account
up front, it seems to me obvious that they should be. Okay,
(21:48):
So I can't. I can't help you. I'm not even
very sympathetic, you know. If yeah, if they want to
know what's in mom's bank account, they need to know it. Now,
you don't have a power of attorney, which means you
can't get access to it. So now you're looking at
probate court. You're looking at going to probate court to
get it at the very least the guardianship and maybe
(22:09):
or maybe just a protective order. But again, you wanted
to avoid the lawyer. Guess what you're not avoiding the lawyer.
And guess what.
Speaker 2 (22:19):
You know?
Speaker 1 (22:20):
Swimming lessons cost a lot less than a high seas rescue.
Put it that way, how's that for a strained analogy?
Speaker 3 (22:28):
Terrible?
Speaker 1 (22:30):
Okay, here's the one. Can someone transfer funds out of
a joint tenants with rights of survivor account without the
knowledge slash permission of the other account holder? My mom
and I have a mutual fund account registered joint tends
to rights a survivor. We've held this account for over
thirty years. She's always maintained the money in there.
Speaker 2 (22:47):
His mind.
Speaker 1 (22:47):
After her passing, been some family issues as of late,
with my younger sister inserting herself into parents' home. Oh gosh,
I've never heard this story before. Oh isn't this fascinating?
This never happens, my younger sister inserting herself into my
parents' home in financial matters. I recently received a demand
(23:09):
letter from sister tell me to remove my name from
the mutual fund account. I did not respond or did
comply with this demand. We're supposed to be Copoa's for
whatever that's worth, not much, which leads me to my question.
Is my mother or my sister's serving as my mother's
POA able to withdraw or transfer the funds in this
account without my knowledge, permission or signature, knowledge, permission or signature.
(23:31):
You have any recourse that this has happened. They live
in California. I currently died here. Uh, yeah, they can
do it. What do you think joint tens with the
race environment means? What it means is what it means
is that they can empty it. Of course, so can you,
which I'd be doing yesterday. All right, There is nothing
(23:53):
more common, nothing more common than this situation where everybody
just kind of getting along. Of course, will always get along.
Speaker 2 (24:01):
I'm blad blah blah.
Speaker 1 (24:02):
Here's the problem that you're faced with. This the parachute
kid and I was a parachute kid.
Speaker 2 (24:12):
Okay.
Speaker 1 (24:13):
The kids who are living with mom and dad on
a day to day basis, who are doing the things
that need to be done right, have to say no.
They have to say no. They have to say you
must do this and you can't do that. They're the
ones who take away the car keys. If you shouldn't
do just a sideline. Don't ever take away the car keys,
(24:36):
right right. What you want to do is disable the
vehicle so it has to be towed away and then
just keep putting it off afterward.
Speaker 2 (24:44):
Don't take the car keys.
Speaker 1 (24:45):
Don't make the scene, right, have them come at night
and drag the car away right after you pull the
sparkplug buyers out or something, all right, do that, don't
have the the you know that's a writer downer. Okay,
remember that. Don't ever fight your parents for the keys.
Don't disable the car, have it towed and then keep
making excuses about parts from timbuctoo or whatever.
Speaker 2 (25:08):
That the that's why the cars not back.
Speaker 1 (25:11):
Okay, do that anyway, you're the one who has to
do that, right. And if all your protection is joint
tenants with the rights of survivors, was no protection at all,
zero protection? Right, anybody can take the money out. You know,
what if mom gets in a car accident, gets sued, boom,
there goes the money, all right. What if sister gets
(25:34):
mom's poa, Boom, there goes the money. What if mom
needs long term care? Boom, there goes the money.
Speaker 2 (25:43):
This is this is what happens.
Speaker 1 (25:45):
Okay, this whole joint tenants thing, this is what happens
when people talk to each other.
Speaker 3 (25:51):
You know.
Speaker 1 (25:52):
So I'm all against people talking to each other. No,
go ahead, talk to anybody you want. Right. Oh, we
did this and it worked great. We don't need those lawyers. Yeah,
they just make things difficulty. Hey, okay, fine, right, I'm
not saying that this never works. I'm not saying that
it's not impossible for it to work. But what I
(26:14):
am saying is you have no reason, no reason for
thinking that it will. There's just too many things to
go wrong with it. And for all the times when
this kind of non planning, bone headed stuff, for every
time that it works, there's a million times it doesn't work. Okay,
(26:35):
But how many people talk about the stuff that doesn't work?
Speaker 2 (26:39):
All right? How many people? Oh?
Speaker 1 (26:40):
Yeah, I was a real idiot and I lost my
mom all or money. Oh and by the way, all
the money that I had put in. Oh and by
the way, you know, the promise that was made to
me that this money would be mine, right, which is
partly not the reason, but partly why I kept doing this.
Speaker 2 (26:57):
Right.
Speaker 1 (26:58):
It's not the reason I'd have done it anyway, okay,
but it was part of it, right. You can have
two reasons for doing something, all right, that's what this is. Okay,
And if it worked, you got away with it. You
got away with it, Yay, it worked, lucky you. But
(27:19):
lucky you. You're just lucky that this didn't happen to you.
That's why you don't do it like this. You got
a brain in your head. Sorry, I mean, I feel
sorry for this person, right, but but it's like, what
did you think was gonna happen? This is what happens,
(27:40):
and this is what the ladybird needs. This is what
the joint tenancies. This is with the joint on the account.
This is Oh, everybody knows, you know what every you
know what everybody knows. Everybody knows nothing nothing, nobody knows this.
And in fact, what your sister probably is thinking is
sister's been ripping you know, she lives all. You know,
(28:01):
we're here in California country away, right, you're ripping mom off.
That's what they think. That is what they think. You're
taking advantage of them. You're lucky, you don't have a
call from Adult Protective Services, you know, demanding an.
Speaker 2 (28:16):
Accounting and blah blah blah. You're lucky.
Speaker 1 (28:19):
But but what I would do is I just empty
the damn thing if there's anything left in it, which
there won't be, which there won't be, but if there was,
i'dn't do the freaking thing immediately, because if there's any
money in there now, there won't be next week.
Speaker 2 (28:36):
I promise you that.
Speaker 1 (28:37):
So anyway, and if they did take it, you have
zero recourse, no recourse at all. Too bad, so sad, right,
that promises worth the paper it's written on. Oh you
didn't write it down, Oh what do you know? Or
you didn't have a notary or whatever I mean. And
this is so pathetic because this is what I was
talking about before. It's honorable to wish to help out
(29:01):
the kid who's been helping you. That's an honorable thing.
That's a natural thing, that's.
Speaker 2 (29:05):
A good thing.
Speaker 1 (29:06):
And there's ways to do it, okay, that are enforceable
ways to do it where you have confidence that what
you want to have happen is what happens. But this
ain't it putting the kid on the account, big mistake.
Speaker 2 (29:20):
Don't do it. I've been listening to the.
Speaker 1 (29:22):
David Carrier Show on David Carrier.
Speaker 2 (29:24):
Your famili's personal attorney. Yore sweet eet not a honeybee.
Speaker 1 (29:32):
Now you're sweet like a honeybee. And they say lawyers
get it wrong. You're sweet like a honey bee. What
when was a honeybee sweet? I mean the honey bee
goes after sweet things, right, creates the honey But this
is sweet like a honey bee. What anyway, let's not
(29:53):
analyze song lyric Shall we just enjoy them?
Speaker 2 (29:56):
Anyway?
Speaker 1 (29:56):
Six one, six seven, twenty four to twenty four. That's
the number to call. But it's too late anyway, so
I don't even bother. Just drop me an email David
at David Carrier Law dot com David at Davidcarrier Law
dot com and we'll get your question, comment or concern
on the air. I just saw an interesting decision from
the Hawaii Supreme Court. The Hawaii Supreme Court. Now you think, oh,
(30:22):
you know Hawaii, it's part of the United States, right,
Well maybe not, because so here's the deed. This was
a case where the people set up a trust and
the trust said this land is to be used for
church purposes only, and if it's not used for church purposes,
(30:47):
then it goes to the state of Hawaii, like as
a park or something. I guess, right, So use it
for the church, and if you don't use it for
for church purposes, then you got to give it to
the state of Hawaii. Now there's a whole other thing
going on in Hawaii with leases and how it was
(31:07):
a kingdom and blah blah. Okay, so I'm guessing there's
some weirdness going on, Hawaiian weirdness going on. But the
idea is, right, use it for this purpose church purpose,
and if not, give it to the state. And the
decision was that's invalid. You can't leave property to for
(31:31):
church purposes only or give it to the state because
that violates the division between church and state. What well,
what was the RATIONALEI is sort of like, well, I
guess you could use it church purposes and then give
it to another person. I guess you could do that,
(31:52):
but if you're giving it to the state, now the
state is getting into religion. How the hell is the
state getting into religion? Well, because there was this provision
that had something to do with religion church purposes, and
if it wasn't used for.
Speaker 2 (32:07):
It, didn't give it to the state.
Speaker 1 (32:09):
And then somehow or other, the state is supposed to
decide whether or not it's being used for church purposes.
Speaker 2 (32:14):
Are you kidding me this? Now, there's a.
Speaker 1 (32:18):
Whole line of jurisprudence now coming out from the Supreme
Court about free exercise of religion, which really supports religious organizations,
little Sisters of the Poor and what have you that
would that this is like directly contrary to that. I mean,
the idea is not that we don't recognize that there's
(32:40):
religion out there, right, we recognize there's religion, and we
give credence to the religion. Okay, so doing things for
religious reasons are good reasons. And now the Hawaii Supreme
Court says, no, that's not a reason. Man's not a reason,
and that it's not a reason. What But but you say, well,
what do you expect from this guy who the guy
(33:01):
who wrote the opinion, He also wrote get this. He
also wrote that the Second Amendment doesn't apply in Hawaii,
the Second Amendment right to keep the bare arms because
it violates the spirit of aloha.
Speaker 2 (33:17):
That's out of his opinion.
Speaker 1 (33:18):
So anyway, if you wonder if you want and and
here's the other thing that's so twisted with this. When
I was going through law school, there was this new
idea called critical legal theory or critical legal studies, and
the idea was, there is no right and wrong. It's
all about who's got the power.
Speaker 2 (33:40):
Okay.
Speaker 1 (33:40):
And so if you believe in right and wrong, if
you believe that we should follow precedent and do the
best weekend to figure out what did the constitution mean
and enforce it that way, okay, Well you're an old
fuddy dudy. You should recognize it's all about power relationships.
That's all it is, all the law is.
Speaker 2 (34:01):
Now. I don't believe that.
Speaker 1 (34:02):
I believe instead that the government people you know, under
the you know, with the consent of the government and
all the rest, we're.
Speaker 2 (34:10):
Doing the best we can.
Speaker 1 (34:11):
Right, but we've always got our eyes on the prize
that we are complying with the law. There are rules
right that we have and we're going to obey those
rules and we're going to figure out what they mean.
And you know, and like that, it's not just about
who's got the most power.
Speaker 2 (34:28):
But these guys.
Speaker 1 (34:30):
Are Also it's all about who's got the power, and
we'll just do whatever we feel like. And the frustrating thing,
the most frustrating thing for me anyway. And sometimes I'm wondering,
you know, does anybody but me worry about this stuff?
I guess somebody, most people, you know, you live your life.
Speaker 2 (34:46):
I mean, what difference does it make?
Speaker 1 (34:48):
Right? But they accuse they the critical legal people, the
one who believe that it's all power, and it should
be all power, and we should recognize that it's all
power and then whatever we do the power of aloha
or whatever the hell, right, we can rewrite anything we
want because based on what we feel is fair now,
(35:09):
because there's a living constitution and all that kind of
you know, absolutely no foundation build a house on sand, right,
They accused the other side of that when you go
back to what was original, was originally intended, right, when
you do your best to do that, any little flaw.
Speaker 2 (35:29):
Is oh you see, they're just doing that, not us.
Speaker 1 (35:32):
You know, And it's like, wait a second, what's going
on here? Is what you were arguing for, right, you know?
It's a it's a I think that what we've got
going on now, going on now is a is a
turn back to the law. Is the law right, and
we should enforce the law. And the fact is that
(35:53):
we've got to undo a lot of this critical legal
stuff that was done before. Right, just judges kind of
going off on their emanations from numbers and all the
rest of this, and refocus on what the law is,
what it should be right from the from the very
get go change it if you want to amend it,
if you want to, if you can get an amendment.
Speaker 2 (36:14):
Through, okay, more power to you.
Speaker 1 (36:16):
That's where the consent of the governed is where the
legitimacy comes from. And if you're going to argue spirit
of aloha means, you know, the second the Constitution doesn't matter.
Speaker 2 (36:28):
I mean, think about that. Think about that.
Speaker 1 (36:31):
If if the spirit of aloha means the second Amendment
doesn't apply, why does the first Amendment apply? You know,
because it used to be a kingdom absolute monarchy, but
maybe the spirit of aloha it means absolute monarchy. I mean,
what can you not put into that bag? You know,
(36:51):
unless you read the law and good faith and all
the rest, if you really think it's just a power thing.
And then of course they were embarrassed because it is
just a power thing on their part, and you know
they're embarrassed by it because they they say that that's
what that's what the other side is doing. Okay, if
you don't think that that's what's going on, you got
(37:11):
to look around nowadays, not just in this area. I
mean this is kind of an extreme thing, but in
all areas, right, and realize that most of what they're
accusing you of is what they themselves are doing. And
we're so, oh, we want to be the good and
righteous people and we get accused of violating our rules
which we didn't violate. Right, So you try to, you know,
(37:35):
you assume good faith on the other side on the
other side.
Speaker 2 (37:41):
Decisions like this.
Speaker 1 (37:42):
Tell you can't assume good faith on the other side.
It's it's not it's not happening. So what can you do.
You work within the rules. You continue to work within
the rules, and you just live a good life if
you live a good life if you follow the you know,
follow the rules right, look around and be aware that
there are these other folks out there who are trying
(38:04):
to subvert the thing, and you know, it'll work out.
Speaker 2 (38:07):
It'll work out.
Speaker 1 (38:08):
The pendulum swings and I think it's swinging back right
now towards some common sense fairness and justice, and I'm
very heartened by it. Despite recent events, you've been listening
to the David Carrier Show. I'm David Carrier, your family's
personal attorney.
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