Tag Archive for: trust

Can Your Plan Survive A Punch In The Mouth?

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“Everybody’s Got A Plan… Until They Get Punched In The Mouth”

—Iron Mike Tyson, Philosopher

Why Do 96% Of Trust-Based Estate Plans Fail?
You Paid Good Money, Why Did You Get Such A Lousy Plan?
Your Banker, Accountant, Insurance Agent, Tax Preparer, Financial Advisor, Attorney All Know Your Trust Won’t Work… Why Aren’t They Telling You?

“No plan of operations extends with certainty
beyond the first encounter with the enemy’s main strength.”

—Von Moltke the Elder, German Field Marshal

Is it easy to plan for the future? How can we anticipate changes in the law, changes in the rules, changes in our health? Sure, you like Von Moltke The Elder your kids now, but what if one of them [Fill- Creative Commons In-The-Blank]? Do things always turn out just as you expect?

For example, let’s say you are evil. And decide to invade a neighboring country. Seems like a good idea to you. Everybody thinks it’ll be super. Plus, everybody says the people in that neighboring country will welcome your bullets, bombs, death and destruction. They simply cannot wait for you to rescue them from independence. So you plan. Poorly. Who needs extra food rations or ammo? Not us! Instead, your invading soldiers pack their dress uniforms for a Victory Parade. What? Me worry?

What if things do not go according to your plan? What if you get punched in the mouth? What if your invasion takes days rather than hours? Weeks rather than days? Thousands of your guys dead? And your missiles are falling on maternity hospitals? Plus you have run out of gas, your vehicles break down, and your tires are falling apart? And because your military radios don’t work, you use open access civilian walkie-talkies. Your economy in shambles? Then what, Mr. Evil Invader Guy? Are you in deep trouble?

Maybe. But what if your primary geopolitical adversary is a corrupt career grifter whose primary skill is steering bribes to family members? What if this opponent was also an aw-shucks front for multinational corporations? What if he was well known for plagiarizing the homespun life stories of other politicians? Lucky you, Mr. Evil. Maybe you’ll be OK.

Of course, that is all so unrealistic and fantastical, it could never happen in real life. Ha ha. Mr. Evil invading a sovereign country in the heart of Europe… ridiculous! Bumbling, ineffective opposition who claims “I maybe Irish, but I’m not stupid!”… preposterous!

And since we are being so silly and ridiculous, let’s add a few more what-if’s, shall we? What if that grifting politician was also suffering from the onset of dementia? And what if the second-in-command was also a grifter, as well as a national embarrassment and disgrace? And what if the next backup replacement was, of course, also a grifter, but over 80 years old with mannerisms indistinguishable from public drunkenness? Absurd, of course, Mr. Evil Invader Guy would sure have to be lucky!

Too outlandish. But remember what Yogi Berra said:

‘It’s tough to make predictions,
especially about the future!’

What if you seek normalcy? You have had enough excitement. All you want is for things to go smoothly. Calm. Peaceful. Simple. So you plan for peace. To run things, you hire a guy who says he is a no malarkey, down-to-earth fella. And you believe him.

All of a sudden, Mr. Evil appears. Wars erupt. Prices skyrocket. Food shortages are threatened. People getting shot in the streets. Atomic war back on the table. People at each other’s throats. And all you did was hire a nice old man to take care of things for a little while so the world could simmer down. So much for your plans.

Planning is tough. No kidding. It takes a lot of work to make things work. As the Dread Pirate Roberts, a/k/a Farmboy Wesley, said to Princess Buttercup:

“Life is pain, highness.
Anyone who says differently is selling something.”

—William Goldman, The Princess Bride

Why Your Trust Will Fail, Despite Your Best Laid Plans

Your trust will fail because you will not retitle your assets to the trust. That is it. Simple. In your trust binder is a memo telling you to put your stuff into the trust. You did not do it. That is how your assets will wind up in probate. That is why your trust will not avoid probate. And because you got the memo, it is all your fault.

You have heard all this before, right? Boring! So let’s go to the next level.

How Ladybird Deeds Cost Regular Folks Millions Of Dollars
How A Ladybird Deed May Cost You $68,500 Warning: This Part Is Really Confusing

Seems like lots of folks are doing ladybird deeds. Also known as “enhanced life estate” deeds. Or “transfer on death” deeds. There are many reasons to avoid ladybird deeds, except in precise circumstances. Unfortunately, many folks (including so-called elder law attorneys) think these deeds are “Medicaid-friendly.” They cannot tell you why these deeds are so “friendly”, but they will repeat the phrase endlessly.

We are not getting into all the reasons ladybird deeds are disastrous. Like a laser beam, our focus is how the misguided ladybird deed can cost a married couple $68,500. And why the hapless, hopeless person who told you to do a ladybird deed should stick to doing something else. Like drunk driver defense or something…

As you know, this blog is an infallible source of witty repartee, banter, life lessons, and easy-to-understand concepts. What follows is none of that. So do not complain to me if you keep reading.

I call this the “Pump Up the Pie” technique. If you can have half a pie, do you want a small pie or a big pie to start? I say, let us make the pie as big as possible. This technique has saved hundreds of families well over a million dollars: Background: How It Usually Goes, The $68,500 Mistake!

1. A married couple. John and Jane. (Or Jane and Jane, etc, it’s up to you.)
2. John and Jane own a house worth $137,000. Ladybird deed to the kids. Or a trust.
3. John and Jane have a checking account with $139,000.
4. John has dementia, needs skilled long-term care, checks into a Skilled Nursing Facility (“SNF”) for the duration. At $12-$15,000 per month.
5. Jane says “Oh dear! How will I pay?”
6. The Protected Spousal Amount – Minimized By Poor Planning
a. SNF social worker says, “Jane, what do you and John own?”
b. Jane: “House with ladybird deed.”
c. SNF Social Worker: “We don’t care about that. Homestead with or without ladybird deed is exempt. What else?”
d. Jane: “Checking Account with “$139,000.”
e. SNF Social Worker: “Well, John gets to keep $2000. And you can keep one-half of what is left! Your Protected Spousal Amount, that you can keep, is $68,500.”
f. Jane: “What?”
g. SNF Social Worker; “After you ‘spend down’ to $68,500, Medicaid will pay the bills.”
h. Jane; “Oh happy day! I thought I’d go bankrupt!”
i. SNF Social Worker: “Yes, happy days are here again.”
7. Jane pays the SNF the $68,500 and 4 months later, John is on Medicaid. With a dodgy roommate. And one shower a week. And laundry service that lost all his clothes, but provides others “just as good.”
8. Jane is entitled to the “Minimum Monthly Maintenance Needs Allowance” and gets some of John’s income through the “Community Spouse Income Allowance” so she can make ends meet, month to month.

SUMMARY: When a married person needs Medicaid to pay for long-term care, the Community Spouse can keep one-half of the lifesavings up to a maximum of $137,000 (for 2022). Remaining lifesavings go to the facility for care of the Institutionalized Spouse (Or other spend-down.)
NOTE: Is it obvious that lots of details are being left out? Well, lots of details are being left out.

Planning Ahead: Do No Harm, Preserve Lifesavings

Here’s how we get John the Medicaid benefits that he and Jane have earned, without calamitous “spend-down” of lifesavings security.
1. A married couple. John and Jane. (Or John and John, etc, your call.)
2. John and Jane own a house worth $137,000. Deeded to their basic, vanilla, nothing special, garden variety, revocable living trust (“RLT”).
3. John and Jane have a checking account with $139,000.
4. John has dementia, needs skilled long-term care, checks into a Skilled Nursing Facility (“SNF”) for the duration. At $12-$15,000 per month.
5. Jane says “Oh dear! How will I pay?”
6. The Protected Spousal Amount – Maximized by Brilliance
a. SNF social worker says, “Jane, what do you and John own?”
b. Jane: “House that is deeded to our RLT.”
c. SNF Social Worker: “Oh no! That is terrible! When a house is deeded to an RLT, it is NOT exempt. It counts just as if it were cash! So sad… What else?”
d. Jane: “Checking Account with “$139,000.”
e. SNF Social Worker: “Well John gets to keep $2000.”
f. SNF Social Worker: “Now we have to figure out how much you can keep as your Protected Spousal Amount. Let’s see, there is $137,000 of house that counts like cash, PLUS, $137,000 of real cash. That is a total of $274,000. And you can keep one-half! You can keep $137,000.”
g. Jane: “That’s great! With a ladybird deed I could only keep $68,500.”
h. SNF Social Worker: “Yeah, but now you have to sell the house. And give us the money.”
i. Jane: “Urk!”
7. Jane has a Special Telephone Conversation with her Attorney from the parking lot:
a. Jane: “#@*^%#!!! $@!#$%!!!”
b. 20 minutes later…
c. Attorney: “Jane?”
d. Jane: “I can’t believe you cost me my house! You are Mr. Evil. -)<>(-@#$!!”
e. Attorney: “I may be Irish, but I’m not evil.”
f. Jane: “Prove it!”
g. Attorney: “Because the house was in the trust on the first day of continuous care, which is also called the Initial Asset Assessment Date, or the snapshot date, the house counted as cash.”
h. Jane: “I already know that you hellhound!”
i. Attorney: “Because the house counted as cash, your Protected Spousal Amount (aka Community Spouse Resource Allowance) is maxed out at $137,000.”
j. Jane: “Enough with the double-talk you shifty shyster. You cost me my home!”
k. Attorney: “No, not at all… because we anticipated this situation and wrote the trust and the powers of attorney as we did, you can now deed the house out of the trust to you and John.”
l. Jane: “So what?!”
m. Attorney: “So now, the house is not countable cash, it is exempt homestead once again!”
n. Jane: “You mean it just disappears?”
o. Attorney: “No, we account for the house to the Medicaid folks, but now it is exempt homestead, because it is in your name and John’s.”
p. Jane: “David, is this legal?”
q. Attorney: “Oh yes, Bridges Eligibility Manual 405 says ‘Converting an asset from one form to another of equal value is not divestment even if the new asset is exempt.’ We are converting your home from countable asset to exempt homestead.”
r. Jane: “I think you’re giving me the old razzamatazz!”
s. Attorney: “What we have done together is a plan that just saved you $68,500, because John immediately qualifies for Medicaid without any spend down.”
t. Jane: “That’s OK, I guess.”
8. What if Jane dies first?
a. Jane: “But what if I die first? Then John owns the house and all the assets and they all melt away like snowflakes on a hot griddle!”
b. Attorney: “Good point. So here’s what we do next:
i. Deed the house from John to Jane, only.
ii. Amend the RLT to provide that at Jane’s death, if John is still alive, the RLT assets, including house and money, all go to a new trust established by Jane’s will.
iii. Deed the house from Jane to the RLT, but NOW using a ladybird deed. This way the house does not actually transfer until Jane dies. This way the house does not count like cash.”
c. Jane: “Why do I have to do a new trust established by my will? That sounds like make work for you lazy lawyers!”
d. Attorney: “Honestly, I don’t know why they make us do it this way, but BEM 401 says the trust must be “established by a will” or all the assets will count against John.”
e. Jane: “But you keep saying that wills mean probate!”
f. Attorney: “Yes, there is a two-page filing in probate court to set up this trust for John, but no inventory or accounting. Simple and quick. First with experience and quality.”
g. Attorney: “Now all the family assets are held for John’s benefit.”
h. Jane: “That’s OK, I guess.”
9. What happens when John dies?
a. Jane: “So what happens to the leftovers after John dies?”
b. Attorney: “The trust in your will says to put the assets back in the original trust after John dies, so the distribution to your kids and beneficiaries stays private and out of the probate court.
c. Jane: “Well, you certainly seem to have thought of everything!”
d. Attorney: “Yes, we are amazing!”

If you are still reading this, you may be getting the idea that there’s a lot going on here. And you would be correct. The bigger question: Is it worth it?

Even If This All Works… Is It Worth It?

Imagine that your dad is a high-flying politician. That you are a crack-smoking, self-indulgent, profane, idiot who likes to video his sex and drugs and rock n roll on his laptops. And then lose various laptops at least 3-4 times. Imagine that you can break all the rules because you funnel the back channel bribe money to Pops. Welcome back my friends to the show that never ends… Money just keeps flowing…

Well, if that is you, what does $68,500 mean? Seriously, $68,500 is last night’s bar tab, not including the broken furniture or “room service.” To some people, $68,500 is not much. Certainly nothing to worry about. But what is $68,500 to Jane? John is not around to fix things. Not here to cut the grass. Or shovel the snow. Not running errands anymore. How is Jane supposed to cope? Especially with her financial security cut in half? What is $68,500 to Jane? It is making sure John gets all the care he needs… whether Medicaid will pay or not. That money is a lifetime of blood, sweat, tears, and coupon clipping. Common sense frugality that provided a comfortable way of life. That should not be sacrificed because some clown with a shingle or a shiny website can’t be bothered to learn how this stuff really works.

Can You Really Do That? Is That Legal?

Faithful readers know that we do not write the rules, we merely read them. And report the results to you. Not making stuff up. Whose fault is it that nobody told you about these things? Sure, the blame game is pretty popular with some folks. We think it is better to light one candle than curse the darkness. Let’s take it from here without the coulda, shoulda, woulda, shall we?

This “Pump Up the Pie” technique has been used by many families over the last 30 years. Saving millions. Legal? As the day is long. Approved repeatedly over the decades by the Michigan Department of Health and Human Services. Because it is the law. Of course, applications must documented to a fare- thee-well. Hundreds of pages of audit-proof financial records. So, yes, you can really do that. If you do it correctly.

Why Would Medicaid Let You Get Away With Such Pie-Racy?

Is it piracy when the State lets you keep some of what you have earned? Is it ridiculous for you to get a bit of return on your tax dollars? Do you deserve nursing home poverty?

Of course, the State answers, “Yes, yes, a thousand times yes!” to these questions. So why do they allow us to Pump Up the Pie? Who knows? Probably because most families are not aware of it and do not get to keep as much as they should. It is not that big a deal for them. It is a big deal for you, and that is what LifePlanning™ is all about.

Is Now A Bad Time For A Real Solution?

Do you have all the answers? Maybe you do not see any problems at all. Is it possible that you do not believe in the passage of time or its effects on you?

Peace of mind and financial security are waiting for everyone who practices LifePlanning™. You know that peace only begins with financial security. Are legal documents the most important? Is avoiding probate the best you can do for yourself or your loved ones? Is family about inheritance? Or are these things only significant to support the foundation of your family?

Do you think finding the best care is easy? Do you want to get lost in the overwhelming flood of claims and promises? Or would you like straight answers?

Well, here you are. Now you know. No excuses. Get the information, insight, inspiration. It is your turn. Ignore the message? Invite poverty? Or get the freely offered information. To make wise decisions. For you. For your loved ones.

The LifePlan™ Workshop has been the first step on the path to security and peace for thousands of families. Why not your family?

NO POVERTY. NO CHARITY. NO WASTE.
It is not chance. It is choice. Your choice.

Get Information Now. (800) 317-2812

Back To Basics: See It Through In ‘22

Read the Print Version

Are You Against Peace of Mind?
What Is A Will? Probate – Who Cares?
What Is A Trust? Why Do Trusts Routinely Fail?
Why Don’t They Ever Talk About The Real Problem?
Why Are They Misleading You?
Is Now A Bad Time?

American Middle-Class Values Are Universal
The Future Is Middle Class

Sometimes do you feel surrounded by gloomy complainers who think you should be as anxious and angry as they are? At Christmastime, they complain about everything: gift-giving is bad, Christmas dinner is sinfully extravagant, family time is traumatic. Sad. Proof positive that misery loves company.

Gloomy Gus and Miserable Mary take especial twisted delight in accusing you of all manner of wretched, greedy, evil behavior. Your joy in simple pleasures both infuriates and depresses them. They have “issues.” Every glass is half-empty. All emotions are tainted. Lurking beneath each good deed is a selfish and unworthy motive. The pinnacle of their dismal happiness is to accuse America of unique and awful sin. COVID responses have only deepened their malaise.

What rubbish! Just as your (vaccinated!) immune system rapidly isolates and destroys deadly viruses and bacteria, we need to inoculate ourselves against this deeply stupid and self-destructive whining. Childish and immature? Yes. Infantile and unserious? Definitely. That does not mean we can ignore this injurious infection. Sunshine is the best disinfectant!

Is everything bad and getting worse? Are you an awful person? It is easy to observe that throughout human history, humans have wanted the same things. Why do they ridicule the notion that we are all the same underneath?

You spent a lifetime working and saving. You paid your bills. You raised your kids. You showed up. Nose to the grindstone. Happy warrior. Fighting the good fight.

Lucky for you, you are an American. Being an American means that your efforts count. You can get stuff. And keep it. And enjoy it. Some people like snowmobiles. Other people like Precious Moments™ figurines. Bowling balls and pool cues. Snap-on Tools™. Surf boards. Quilts. Pottery. We like our stuff. It is good to get stuff. The more stuff, the better.

Abundance. Prosperity. Wealth.

How do I know that it is good to get stuff? Look around. Everybody, in every country, around the world, is trying to get stuff. Stuff like yours. Stuff we take for granted.

It starts with sanitation. Toilets. Clean water. Pretty soon folks want electricity. And a bank account. For their savings. Then cell phones. Then McDonald’s™ hamburgers. Then a place to call their own. Then a house. And a car. Health care too. People like to live. They like to live with their stuff. It’s not just you.
Everybody’s doing it.

How do I know? Glad you asked…

Extreme Poverty Almost Gone

The world is becoming middle-class. America just got there first. Not getting blown up in WWII probably helped. Working really hard and believing the America Dream also helped. And now, according to the Bill and Melinda Gates Foundation, in the 2020 Goalkeepers Report, the world is catching up.

Worried about Extreme Poverty? It is practically a thing of the past. Look at the graph. Go to the website. All good news!

Got Personal Hygiene?
Get Running Water and Toilets…

What about safe water? Again, check out the chart. More people than ever are living healthier lives. Who knew that things were so good? The truth is that other folks want the same things you do. And, like you, they are willing to work to get those good things. Is it ridiculous to think that other people want flush toilets, clean water, and a place to wash their hands? Did you think anyone was choosing to wash in sewage?

financial services for the poor chart

Who Needs Banks and Banking Services The Most? Poor Folks

And what about money? Once again, trust your own eyes. Even in the poorest countries. Even the poorest people in those countries. 30% of the poorest people in the world have bank accounts. A safe place to store the fruits of their labors. Giving them a way out of poverty. Promising them a brighter future.

The job is not done. Not by a long stretch. Be of good cheer. Progress is tough to derail. Not even the COVID pandemic or some of the hysterical reactions to it have significantly slowed the train. So. Let the nattering nabobs of negativism tell you how bad everything is… Then give them a reality check. Pow! Right in the kisser. Metaphorically. Rhetorically. Confidently.

The future is middle class.

Middle class folks want to make things better for the family members they leave behind. It is a new kind of problem for most people. Including most Americans.

You Got Stuff, You Die Who Gets Your Stuff?
The Last Will and Testament

Funny thing about stuff. It lasts longer than you do. What happens then? The answer to that question is the beginning of estate planning. For a very long time, only the pashas, potentates and princes had anything worth having. But that began to change. Slowly at first, but eventually lots of folks had stuff that was still around after they were gone and still useful.

Who gets it? That was a big problem. The answer was a new kind of court, the probate court. A special place where all this could be settled out.

Along with getting stuff for themselves, folks wanted to give the next generation a leg up. They wanted to say who would get the left-overs. And that’s where wills come in.

Your Last Will and Testament is simply instructions to the probate court. That is it. Your Will only works if it goes through probate. Lots of people will tell you, “I don’t have to worry about probate, I have a Will!” And now you know better.

How much does it cost to probate your leftover stuff? A frequently cited number, attributed to AARP, is 4-10% of the value of the estate. That seems about right to me.

Why so expensive? Because you left a big mess. While you are alive, your name is on your stuff. You are large and in charge. It is as if you were carrying items around in a store. In your arms. As long as you are steady on your feet… no problem. But if you slip and fall… Whoops! There goes all the stuff you were carrying. And now you have made a big mess. You were in complete control of your stuff. Now nobody is in control. Stuff goes flying. Good luck sorting it out. Nice easy job, cleaning up the mess.

But cleaning up the mess is exactly what the probate court does. The probate court is a janitor. Your will is simply a note found in the mess. Let’s hope the janitor finds the note. And reads it. And follows it. And is not distracted by everything else going on…

Probate is not a curse inflicted on innocent people by a vengeful deity. Probate is the necessary and unavoidable consequence of the rise of the middle class. Together with a failure to plan ahead.

You Got Stuff, You Die Who Gets Your Stuff? The Trust

Is it ridiculous to think that most people would rather not lose 4-10% of their leftover life savings? Are you opposed to keeping what you have earned? Maybe then avoiding probate would be a good idea. Are you against finding better ways to get the job done? I didn’t think so…

That’s where the trust comes in. Trusts hold your stuff, like a shopping cart at the store. You are in control.

Put things in. Take things out. Re-arrange. It is all up to you. The key is that when you “slip and fall”, your possessions are in the cart. Sure, you went flying. Call the EMTs! But your stuff remains in the shopping cart/ trust. No fuss. No muss. Nothing for the janitor to do. Your successor trustee steps up and divvies up the stuff to your deserving and grateful family members. What could be easier? Are you surprised that trusts are so popular?

The Huge Dirty Secret of Trust-Based Planning

Is it ridiculous to think that a highly profitable industry based on cleaning up messes might want to go on cleaning up those messes? Can continue collecting those fees? If you were collecting 4-10% of folks’ leftover lifesavings, would you be in a rush to cut off that gravy train? Is it bad to wonder why 90+% of trusts fail? Is it cynical and ill-natured to wonder whether the astonishing failure rate of trusts has anything to do with probate industry profits?

Why do trusts fail harder than the Wizard of Oz? The simple reason, which is well-known to your banker, insurance agent, financial advisor, attorney, and anyone else with the slightest familiarity, is that hardly anything gets into the shopping cart.

You paid for a bright and shiny new trust/shopping cart. And that is what you received. It is beautiful! Leather binder. Lots of pages. Wow! And it is empty. And you are still carrying all those items around in your arms. So when you slip and fall… oopsie! All your stuff STILL goes flying, STILL makes a huge mess, STILL requires probate.

How Do They Get Away With Such Piracy?!

How does the probate industry get away with it? Simple. In that fancy binder of yours, there is a memorandum/ letter/instruction booklet/ brochure. In that document, the responsibility of getting your stuff into your trust is placed squarely on your shoulders.

Did you know that? Would it be a waste of your time to, right now, dig into that fancy binder and find that memo? It is in there, I promise.

The memo is how the probate industry turns your kids’ righteous indignation at having to pay for probate into sheepish surrender. It was Mom and Dad’s fault! They did not follow the instructions! Aww gee! Heh heh… betcha ya didn’t see that coming!

What if there was a law firm that did the hard work of tracking down your assets with you and getting them into the trust. Would you be surprised if the process took longer? Would it be a shock that it cost more? Would you be against getting what you paid for?

Would you be surprised to learn that there is no free lunch?

American Middle-Class Values
Are The Wave Of The Future

Do you reject the idea that a rising tide lifts all boats? Is it too farfetched to think that today’s “rising tide” are the peaceful virtues of the middle-class lifestyle? Rapidly spreading across the globe. Raising hundreds of millions, billions of our sisters and brothers out of poverty. On to the path for a better life.

Our better future has its enemies. Craven, miserable, alive only with jealousy and envy. You extend the helping hand of friendship; they see only the claw of exploitation. You offer to help build, construct, improve, they seek only to tear down, demolish, devastate.

You are winning. Ever more desperate, they are losing.

Peace of mind and security are waiting for everyone who embraces productive work. While you are here. And after you are gone. Waiting for you. You have a choice. Despite what “everybody else” says.

Well, here you are. Now you know. No excuses. Get the information, insight, inspiration. It is your turn. Ignore the message? Invite poverty? Or get the freely offered information. To make wise decisions. For you. For your loved ones.

No Poverty. No Charity. No Waste. It is not chance. It is choice. Your choice.

Get Information Now. 800-317-2812

Reverse Mortgage, Real Estate, and Medicaid

Answers to your questions
Note: Not Legal Advice!

Can I sell my Mother’s house as successor trustee of her trust. After she gets approved for Medicaid? My mother has dementia and I’ve been successor trustee for years. Her house is in a reverse mortgage and the only item in her trust. I will need to sell it, but how will that affect her Medicaid? Can I move the profits into an acct for her medical needs? A sitter or companion at the facility? After her death I’ll disburse what’s left to her heirs? Or will I have to sign the profits to [Medicaid] at sale?

You Must Sell The House… Or Be Foreclosed!

If Mother is out of the house for twelve (12) consecutive months the Reverse Mortgage Lender can foreclose and force a sale. Special COVID rules now delay foreclosure. And since COVID rules mutate faster than a foreign virus, call us for the latest updates. Or. You can sell the house and repay the Reverse Mortgage Lender. How much do you have to repay? Whichever is less of: 95% of the appraised value or whatever is owed on the reverse mortgage. You keep the leftover money. And since you only have to repay 95% of the appraised value, there will likely be leftovers. Which brings up another issue:

The Problem What To Do With The Leftover Money?

You must report the sale of Mother’s homestead. You have ten (10) days from the closing. Then you must tell Medicaid that the exempt homestead is gone. And that Mother has more money. More money than the $2000 Medicaid lets her keep! So next month, Mother’s Medicaid will end. And Mother will have to spend the homestead money until it is all gone. And then Mother may reapply for Medicaid. New Development: January 2021 spend-down rules prohibit Mother (or you) from spending this money to buy furniture or household goods.

Some Solutions And Strategies

NOTE #1: Your question involves reverse mortgage. However. These strategies can be used by any family considering homestead sale.

NOTE #2: Death is a factor in solving this situation. Money is another factor. Is that harsh or just clear-eyed planning? It seems insensitive to say that “Death is a Planning Opportunity”. Or to be concerned about money when a loved one is in need or dying. But going broke by ignoring reality? That’s worse than harsh or insensitive. Ignoring reality is stupid. And you cannot fix stupid. Let us remember: “Money is Choices.” Folks on Medicaid with money can pay for a private room. Or laundry service. Or a Certified Nursing Assistant. Your money that you earned can improve your quality of life in long term care. That is just the fact. And who knows? There might even be a few bucks left for the kids.

Easy, Easy, Easy! The Pooled Trust

1. Sell the house. Right now. As soon as you empty it of family heirlooms, keepsakes, bric-a-brac and your 3rd grade art projects that Mother has kept all these years.
2. Use a Charitable Pooled Trust.
-a. Deposit the sales proceeds in a pooled trust.
-b. A pooled trust is organized, created, and operated by a nonprofit organization. The nonprofit is the trustee.
-c. The nonprofit takes money from many folks on Medicaid and pools it all together. They then invest the pool of money.
-d. Each person putting money into the pool has a separate account.
-e. The Pooled Trust trustee spends Mother’s account money for Mother’s needs.
-f. No Age Limit!
-g. At Mother’s death, the nonprofit charity keeps the leftover money for its charitable purposes.
3. Upside/Downside
-a. Upside: Super Easy. Barely an inconvenience! Pooled Trust trustees tend to be understanding and generous spending Mother’s money on Mother.
-b. Downside: Nothing for the kids.

Easy, Easy! The Medicaid Payback Trust

Go to your friendly, neighborhood probate court. Get a court order creating a (d)(4)(A) Medicaid Payback Trust. Depending on the county, the local probate judge may have a well-established procedure for this.
1. Sell the house. Get the money.
2. Use the Medicaid Payback Trust.
-a. Deposit the sales proceeds into the Payback Trust account.
-b. You created the Payback Trust. You are the trustee.
-c. You spend the money for Mother’s needs.
-d. AGE LIMIT: Must be under 65 years old!!
-e. At Mother’s death, Medicaid gets the leftover money as payback.
3. Upside/Downside
-a. Upside: Still easy, although you need a lawyer. As trustee, you have complete control so long as you spend the money for Mother.
-b. Downside: Must account to probate court. Nothing for the kids.

Not So Easy – Delay, Delay, Delay! This Is Where It Gets Complicated!

Michigan allows the family to keep the homestead while Mother is on Medicaid. But the reverse mortgage company says sell, sell, sell… and pay us back.

Michigan also says, if the homestead goes through probate, Michigan gets the homestead money to pay back Medicaid. So we must plan to avoid probate. Why? So that Medicaid does not get all the homestead sale money.

And that is why we play to delay. The reverse mortgage company must give 12 months. And with COVID, it is longer. In those 12 months, Mother may need additional care or services. Or Mother may die.

While Mother Lives – Before The Sale

While Mother lives and the homestead is not yet sold how does Mother get additional services? The kids pay for the services. But! Whoever puts up the money gets a promissory note secured by the homestead. The generous kid gets paid back after the reverse mortgage company but before anyone else. We are using the homestead to leverage additional care for Mother.

Mother Still Lives – 12+ Months Later – Must Sell

If Mother survives. Now we must sell the homestead. Close on the sale. Reverse mortgage company gets paid. Generous kid gets paid. Leftovers go to Pooled Trust or Payback Trust.

Mother Dies Before Forced Sale Of Homestead

If Mother has died. Must sell homestead. Avoided probate with trust. Trustee sells homestead. Reverse mortgage company gets paid. Generous kid gets paid. Leftovers divided among all living kids or whomever else Mother chose as beneficiaries.

To Infinity!

Are there a bewildering number of choices, options, permutations, and possibilities? Darn tootin’! Confusing? Mebbe! Worth it? Yes, indeedy! By taking the trouble, you have insured that Mother gets the best care possible. You avoided Nursing Home Poverty. You enabled Mother to get a return on the years that she and Father invested. And there will (may) be leftovers for the kids.

If it was oh so very easy, everyone would be doing it. It is not easy. Which is why most fail. But not you, not your family.

And Beyond!

Applying for benefits does not mean Nursing Home Poverty or silly Spend Down. Learn how to preserve your loved one’s lifesavings, business, cottage, life insurance. Thousands of middle-class families have learned and use these techniques. Why not yours?

Got Questions? Get Answers!

GET ANSWERS NOW… THE CALL THAT CHANGES YOUR LIFE…
COME TO A WORKSHOP… Live or Zoom Webinar… It is INTERACTIVE!

(800) 317-2812

Death In The Family Is Always Painful

What Comes Next Is Frequently Worse

Death Comes For Us All

Our time on this planet is limited. We do our best while we are here. To be a good spouse. A loving parent. A loyal sibling. A true American. To be able to look back on a life well-lived. You have worked hard. You played by the rules. You planned. And when you pass, there will be leftovers.

Maybe it is a loved one who has died. After the grief comes the realization that you have a big job to do. You are responsible to take care of what has been left behind.

Now what? What comes next? You have heard the stories of family strife. You “know” that this will take at least a year, probably two. You keep hearing that probate or trust administration costs will swallow up 4-10% of the leftovers. Pretty discouraging.

It does not have to be that way. Let us show you.

Will vs Trust

Wills only work in probate. A will is simply instructions to the Probate Court and the Personal Representative (Executor). Wills do not avoid probate. Did I mention that the will only works in Probate Court?

Millions of families have believed that revocable living trusts would avoid probate for them. Millions of families have been disappointed. Trusts only work on assets that have been retitled into the trust.

Attorneys, bankers, accountants, insurance agents, annuity salespersons, financial advisors, and the guy who mops the floor at the bank all know something that you do not. Everybody else knows that trusts do not work in the real world. That fact has nothing to do with the trust itself.

Trusts only work on stuff in the trust. And your stuff is not in your trust. Inconceivable!

Remember all those papers in that trust binder? All those papers you did not read? All those papers your loved one did not read either? Well, there was a memo about putting assets into the trust. Whoopsie. Say hello to probate! This is not a mistake. New estate planning lawyers are taught not to worry about funding, in reliance on probate. I wonder if the probate attorney fees have anything to do with it… Inconceivable!

Everybody knows you will not put your stuff into the trust. That is why you get a Funding Coach at the Law Offices of David L. Carrier. Someone to help you, nag you, enable you. To truly avoid probate. And nursing home poverty.

Simple will or the typical trust? Does not matter. Say hello to probate.

Delay Destroys De Family

Probate or trust administration drags on. Month after month. Family members wonder what is going on. One year. Two years. And on. Family fights fester. First, grief at mom’s death. Then, impatience. Soon, annoyance. Next, suspicion. Finally, anger.

“But our kids get along so well!” Check back 12-24 months after your death. No final resolution. No visible signs of progress. Tough? You bet. Inevitable? No way!

Git ‘Er Done! Six Months Or Less!

Preserve your family. Preserve your sanity. You do the grieving. We do the paperwork. Six months after you say “Go!”, we say “All done!” And four months of that time was required by the newspaper Notice to Unknown Creditors. Consistent communication calms kids.

Your Probate And Trust Administration Team

Attorney Terri Macklin and Senior Paralegal Lea Dillard head up your Team. Our staff accountants, paralegals, and client service agents back them all the way. Attorney Claire Clary rounds out the Team. As former executive director of Widowed Persons Services, Claire adds years of insights from helping hundreds of newly widowed persons.

Six Months! Really?

Not every time. But it is always our goal. We work hard to beat your expectations. Hundreds of times, hundreds of families, every year.

Unexpected Covid-19 Deaths Are Rising

You did not expect your loved one to pass so soon. You thought you had time. They did too. Things will get worse before they get better. Get help now.

What Now?

Preserve your family. Preserve your sanity. Call the Probate and Trust Administration Team now. It costs nothing. It could save your family. Make the rules work for the folks who play by the rules.

GET ANSWERS NOW…
CALL THE LIFEPLAN™ HOTLINE (800) 317-2812

Send Email: TMacklin@davidcarrierlaw.com

Never a charge to talk. What are you waiting for? “What could it hurt?”

Handy Andy Ain’t Got Nothing On Me!

Many of us enjoy DIY (Do It Yourself) projects. Your ambitions could range anywhere from minor painting to remodeling the bathroom. Why not tackle the whole house? Most of us have the skill to do some minor repairs. But how many have plumbing, electrical, or dry wall talents?

Minor cosmetic home repairs won’t get you in too much trouble. Leave those load-bearing walls alone! But… running electrical circuits or plumbing to a new room takes on some serious risks. Botched wiring means short circuits and fires… shocking! You’ll be crying a river when your amateur plumbing imitates Niagara Falls. Running a gas line to a stove or dryer? What could go wrong? Ka-boom!

What, Me Worry?

Usually when we do our own home repairs, we understand the risks that we are taking on. But what about drafting your own Will or Power of Attorney documents? What is the harm? Many folks think: “I can just download some forms, fill in the blanks and I am all set! So easy!” Right? It’s like using extension cords to wire your house. Scotch tape to seal plumbing joints! Why would you risk your life savings on “free” online forms?

Danger, Danger, High Voltage!

When home remodeling, beware bare wires, leaking pipes, asbestos, and creepy crawly’s. When remodeling your Estate Plan, here are some of your risks with DIY online forms:

1. Healthcare Power of Attorney. What powers should be in these documents? Do you know that if they are not drafted properly, you could be in Probate Court to have a Guardianship setup? This causes more stress, delays and (no big surprise) surprisingly large expenses. Did you forget the Advance Directive? HIPPA? Funeral designee?

2. Financial Power of Attorney. An appropriate Financial Power of Attorney document can preserve your assets… keep you from going broke. Proper advance planning minimizes risks. But what if your bargain basement POA lacks “extraordinary” powers? It may cost you very little or it could be in the hundreds of thousands of dollars. Why would you risk botching such an important document?

3. Trusts. When was the last time you drafted a Trust? How did that work out? What provisions are prudent for your specific facts? Should it be revocable or irrevocable, or one of each? What powers should the trustees have? These are a few of the questions to ask. Do you know how to fund a Trust, or even what this means? Do you think it could be expensive to have the wrong Trust setup that is not funded? Maybe “FREE” is the costliest of all…

Safe And Secure

Your LifePlan attorney has already helped hundreds of families like yours. You worked your whole life to save for the Golden Years. Now you are going to bet your life savings on generic, freebie forms. Thinking that you can save some money? You may never recover from that mistake if you don’t know what you are doing.

Written by Attorney Jim Henke

Call the Law Offices of David L. Carrier today at (800) 317-2812

We Make the Rules Work, for the Folks who Play by the Rules!

Handy Andy Ain’t Got Nothing On Me!

Many of us enjoy DIY (Do It Yourself) projects. Your ambitions could range anywhere from minor painting to remodeling the bathroom. Why not tackle the whole house? Most of us have the skill to do some minor repairs. But how many have plumbing, electrical, or dry wall talents?

Minor cosmetic home repairs won’t get you in too much trouble. Leave those load-bearing walls alone! But… running electrical circuits or plumbing to a new room takes on some serious risks. Botched wiring means short circuits and fires… shocking! You’ll be crying a river when your amateur plumbing imitates Niagara Falls. Running a gas line to a stove or dryer? What could go wrong? Ka-boom!

What, Me Worry?

Usually when we do our own home repairs, we understand the risks that we are taking on. But what about drafting your own Will or Power of Attorney documents? What is the harm? Many folks think: “I can just download some forms, fill in the blanks and I am all set! So easy!” Right? It’s like using extension cords to wire your house. Scotch tape to seal plumbing joints! Why would you risk your life savings on “free” online forms?

Danger, Danger, High Voltage!

When home remodeling, beware bare wires, leaking pipes, asbestos, and creepy crawly’s. When remodeling your Estate Plan, here are some of your risks with DIY online forms:

1. Healthcare Power of Attorney. What powers should be in these documents? Do you know that if they are not drafted properly, you could be in Probate Court to have a Guardianship setup? This causes more stress, delays and (no big surprise) surprisingly large expenses. Did you forget the Advance Directive? HIPPA? Funeral designee?

2. Financial Power of Attorney. An appropriate Financial Power of Attorney document can preserve your assets… keep you from going broke. Proper advance planning minimizes risks. But what if your bargain basement POA lacks “extraordinary” powers? It may cost you very little or it could be in the hundreds of thousands of dollars. Why would you risk botching such an important document?

3. Trusts. When was the last time you drafted a Trust? How did that work out? What provisions are prudent for your specific facts? Should it be revocable or irrevocable, or one of each? What powers should the trustees have? These are a few of the questions to ask. Do you know how to fund a Trust, or even what this means? Do you think it could be expensive to have the wrong Trust setup that is not funded? Maybe “FREE” is the costliest of all…

Safe And Secure

Your LifePlan attorney has already helped hundreds of families like yours. You worked your whole life to save for the Golden Years. Now you are going to bet your life savings on generic, freebie forms. Thinking that you can save some money? You may never recover from that mistake if you don’t know what you are doing.

Written by Attorney Jim Henke

Call the Law Offices of David L. Carrier today at (800) 317-2812

We Make the Rules Work, for the Folks who Play by the Rules!

Leaving Kids as Co-owners of Property

Good Idea or Big Mistake?

When Mom died, she left ownership of her home to me and my sister. We both live in the home. My partner, Billy, also lives in the home. My sister told Billy that he must start paying her rent. She said that if he doesn’t pay rent that she will evict him from our home. Can this even be possible? This is not the harmony I think Mom expected when she left the house to us.

As a co-owner, you are either a “joint tenant” or “tenant in common.” That means you can have guests. Your sister may not like having Billy under the roof, but there is nothing she can do about it. You don’t even have to pay taxes or upkeep if you are joint tenants with rights of survivorship.

Many folks want to give house, land, cottage, farm “to the kids.” Then Mom makes the Big Mistake. Mom somehow believes the co-owner kids will “get along.” So, Mom “puts the kids on the deed” directly or through her will or trust. It is worse now with many folks doing so-called “ladybird” deeds.

Lady bird deeds transfer ownership on the original owner’s death. Lady bird deeds do avoid probate. They are said to be “Medicaid friendly.” But after Mom dies, there are no rules. Each person named on the deed has an “undivided interest” in the property. Each person can use the property at all times. This way lies madness!

Sometimes the deed states “joint tenants with rights of survivorship.” As the philosopher Jean Paul Sartre observed, “There is No Exit.” You cannot go to court to end the insanity. If you were to give your share to the others, Medicaid will penalize you. And the others may not want your share and don’t have to take it.

Sometimes the deed simply states all the kids’ names in a row. No “joint tenant” language. Good news! Now the kids can sue each other for “partition.” They must prove to the Court’s satisfaction that they cannot cooperate. Then the Court will order a sale and division of what’s left after court costs and attorney fees.

Blessing or Curse? An ounce of prevention equals a pound of cure. Want family harmony? Want to keep the family house, land, farm, cottage? Better to explore all the possible “What if’s” and set it up properly ahead of time.

We can help avoid family conflict. Call 800-317-2812 and schedule an appointment today.

Do I Need a Trust as Part of My Estate Plan?

In light of the COVID-19 pandemic, many people are now either considering putting an estate plan in place or reviewing their existing documents. Everyone should have an estate plan in place, whether there is a global pandemic or things are just fine for you now. Planning for the future just makes sense.

Once you decide that you need an estate plan, the next question, is “What documents do I need?”. Every competent adult should have a properly written Healthcare Power of Attorney document and Financial Power of Attorney document. (More on those in a separate article).

Some people wonder if they need a trust, or quickly dismiss a trust as an option – either because they don’t understand the benefits of a trust or think it is only for those with a net worth in the millions.

A trust is a legal document, created by a Grantor, and managed by the Trustee. Often, the Grantor and Trustee can be you – the person who creates the trust. There are many types of trusts and each has its own specific purpose. In general, the Trustee manages the assets in the Trust while the Grantor is alive, and transfers the trust assets to the beneficiaries upon the Grantor’s death.

Years ago, Trusts were a method to save on inheritance taxes. Unless your estate is approaching $11.5 million, this is not a concern for most people. Today trusts are used more for managing your assets while you are alive and distributing your assets the way you wish upon your death.

Trusts provide many benefits, including: 1) the ability to protect your assets while you are alive, by keeping your assets away from creditors or the nursing home, and leaving a legacy, 2) avoiding probate court and saving your heirs legal expenses and time upon your passing, 3) avoiding estate recovery if the State pays for your nursing home care, 4) providing a trust for your beneficiaries so your beneficiaries don’t lose your life savings to creditors, an ex-spouse or the nursing home, 5) the ability to more easily manage your assets if you are alive but not competent, 6) provide special needs planning if your beneficiary is not able to manage his/her assets due to a disability, and 7) a properly funded trust will avoid probate court when you die, and keep your estate private.

Selecting the right type of trust and drafting it for your own specific circumstance should be performed by an experienced Estate Planning attorney. Some people will research articles on the internet, and download a trust thinking that they will save themselves some money. Practicing Estate Planning is not something you want to risk with your life savings. The failure to have a properly drafted and funded trust can be expensive to fix later or cost you money by not properly protecting your assets for you or your beneficiaries. Some of the pitfalls are: not funding a trust, not having the right trust in place, estate recovery by the state, not protecting your beneficiaries.

Estate Planning is more complex than most people think. Don’t make the mistake of not putting a plan in place just because the thought of planning is daunting. The sooner you put an estate plan in place the sooner your life earnings will be protected, which will give you peace of mind.

Call 616-361-8400 now to schedule a free consultation with one of our experienced Estate Planning attorneys.