0:00

He served at the Pentagon as an army jag. He

0:03

graduated from Notre Dame and has two law degrees from

0:07

Boston University and Georgetown University. He's been practicing law for

0:12

over thirty years. He's your family's personal attorney. It's time

0:17

for the David Carrier Show.

0:20

Hello, and welcome to the David Carrier Show. I'm David Carrier,

0:24

your family's retirement law specialist, personal attorney. I don't know

0:29

whatever else you want to throw on there. And why

0:31

do we say retirement law, because, frankly, if you're retired,

0:36

if you're looking to retire, if you wish you were retired,

0:39

if you know anybody who's retired, we can probably help out.

0:43

We used to call it a state planning an elder law,

0:45

which is true, not wrong. Real estate and business law. Yeah,

0:49

you have a question about that, more than happy to

0:52

have your give us a ringy dinghy at six one

0:57

six Who remembers that, huh six months six one six

1:01

seven seven four twenty four twenty four, And that's six

1:04

one six seven seven four twenty four twenty four. And

1:09

you know, last hour, we got a call on a with a family friend calling in and it's an intro.

1:17

It was a really good call, I thought, because like,

1:21

why are we doing all this stuff? Why are we

1:25

planning for the future? And you know, like yo, you

1:27

bear said, the problem with predictions is they're all about

1:29

the future. The problem with planning is you don't know

1:32

what's going to happen. You don't know how it's going to happen, you don't know how it's going to appear

1:37

to different people. There's a lot going on. It'd be

1:41

nice if all we had to do is one piece

1:43

of paper or one document, or if we knew what

1:48

the future held for us, things would make be a

1:53

lot easier. Anyway, I don't know if they make any more sense, but I don't make big claims like that,

2:00

but certainly it would be it would be easier to

2:04

plan if we knew what was going to happen. The

2:06

point is we don't know what's going to happen, and

2:09

because we don't know what's going to happen, we have

2:12

to make our best guess and we have to provide

2:16

for as many alternatives. It is not at all unusual

2:20

for folks to ask when they look at the stack

2:23

of documents that we've done, oh, you know, that's so complex.

2:26

Do I really need that? And the answer is no,

2:29

you don't really need that. You don't need ninety percent

2:32

of what we do you're not going to use. Okay,

2:36

you're not going to use ninety percent of it. I

2:39

just don't know which ten percent you are going to use.

2:42

And maybe it's more than that, maybe it's twenty percent. I don't know, maybe it's five percent. Who knows. The

2:46

point is the point is that when you really are

2:52

doing serious planning, you have to take account of things

2:57

that have high probability happening. Seventy percent, according to NIH,

3:03

seventy percent of us are going to wind up in

3:06

long term care at some point. Okay, in skilled are

3:10

going to require You don't have to wind up in

3:12

a residential care facility and get care at all. Family

3:15

members can provide it. Family members have historically provided an

3:19

awful lot of the care that people receive, because that's

3:22

the way it is now. Do you think it's still

3:24

that way. There used to be this thing called the

3:28

Sandwich generation. You may have heard of this. The idea

3:31

was that you had kids who were caring for their

3:34

own children and for their parents, and that was kind

3:37

of the sandwich of care, like you're the filling in

3:41

the sandwich. Get it. And that was the idea. And

3:44

I'm not saying that that doesn't happen. Still it does,

3:48

but not as much as it used to. It's a

3:51

it was a it was a norm, it was a standard.

3:55

It was what you expected, right, and what we were

3:58

trying to do lots of time was make things easier

4:01

for that sandwich generation. Okay, well, well that's yesterday's news. Okay,

4:08

that did happen. You just don't see it happening quite

4:11

so much anymore. It's not like people don't still help

4:14

out to some degree. But you know, I had a

4:20

guy for amost almost fifteen years. He went to Dad's house,

4:25

cleaned up Dad, got him ready for the day, and

4:28

then when he worked all day, then came home and

4:31

dad was in continent. He cleaned up the mass and

4:34

then then went home, right, no vacations for like ten

4:37

or fifteen years. We had three brothers who took eight

4:41

hour shifts with mom. Three of them, three sons. My

4:44

three sons right, took shifts with Mom eight hours a day,

4:49

and they did that for six or seven years before

4:53

mom's care finally got to the point where they needed

4:57

professional help. So it's not like that stuff didn't happen,

5:02

and it's not like it doesn't happen now. Spouses especially

5:05

will absolutely amaze you, astound you with the amount of

5:10

care that they provide for their spouses. And when two

5:14

thirds of Alzheimer's victims are women, it ain't all women

5:17

who are providing the care. Guys are doing it also. Okay,

5:21

that's reality, and I honor those people who are doing that. However,

5:27

we didn't. We aus boomers didn't have as many kids

5:32

as our parents did, which means that there are more

5:35

of us than there are of them. There are more

5:38

people who need care nowadays than people who are available

5:43

to be the filling in the sandwich. Okay, they're not

5:46

as many, and so now, what what are you going

5:51

to do? One of the good answers, right number one,

5:55

I believe in leaving people alone. I think people should

5:57

be on their own as much as they possibly can.

6:00

Good good, stay on your own, stay on your own,

6:04

make your own peanut butng jelly saying, which is, if that's what you like for breakfast, go for it right,

6:08

make your own breakfast, make your own bed, clean your

6:10

own house, wonderful. Good, right, that doesn't cost us anything.

6:15

You know, we were paying this old security. We got the Medicare, which you paid for. Taxpayers paid for that.

6:20

Taxpayers getting that.

6:21

Right.

6:22

There's another program, Medicaid, which provides for that residential care,

6:26

and you paid for that too. But hey, if we

6:30

can avoid you needing it so much the better. Right.

6:34

You're not a sucker because you didn't get knee replacement. Yeah,

6:39

you know, everybody who needs a knee gets it, right,

6:43

that's what medicare is about. You need a hip, great, here,

6:46

we'll fix you up for that. But if you didn't

6:48

get one, don't feel bad about it. It's like a

6:52

good thing. So if you don't need long term care, great,

6:55

you don't need it, wonderful, let's not get it. But

6:58

it's there and you paid for for it. This is

7:00

that planning thing I'm talking about. I don't know who's

7:03

going to get the dementia. I don't know who's gonna

7:05

need a knee or a hip or a kidney or whatever the heck it is, right, who knows? Who knows?

7:12

You know, they were testing that out for one of

7:14

his knees, you know, to get a knee replacement actually,

7:17

and they found out that he had this weird blood

7:20

disease that turned his blood to molasses or something. Okay,

7:25

so now they can't give him the knee, but now

7:28

he's gotten this therapy to you know, to fix the blood,

7:31

and then then the blood got better, and say, okay, now you can have your knee.

7:34

Right.

7:35

Do you feel cheated because you didn't have that weird

7:38

whatever the heck it was metabolic thing that turns your

7:41

blood to molasses. You know, Oh, I didn't get the

7:45

molasses blood treatment. Good for you, mean, you didn't have

7:49

blood that was turned into blood. If your knees are

7:51

in good shape, wonderful. You didn't break your head, hurrah. Okay,

7:56

but it's there if you need it. Same way with

7:59

the Medicaid. It's there for the long term care if

8:02

you need it. If you need it, and when the

8:06

numbers are seventy percent of folks need on average three

8:10

years of care, guess what, you're probably gonna need it,

8:14

all right, more than people need knees or hips or

8:17

whatever else, you know, whatever else they're getting. Okay, that's

8:23

just the way it is. So we want to maintain

8:27

personal autonomy as long as we as long as we can.

8:31

All right, that's the key, and we plan ahead to

8:34

maintain that personal autonomy so that your decisions matter as

8:40

you live your life. Now, in order to make that happen,

8:43

you have to trust other people, because there may come

8:45

a point at which you cannot make decisions for yourself,

8:49

whether they're medical, residential, more generally speaking, healthcare, lifestyle, there

8:57

may come a point when you're not able to The key is I want to push that point off as

9:03

far as possible. I didn't do an estate plan right

9:07

so that somebody could make those decisions for me when

9:12

I could still make them for myself. And that was

9:17

the issue with our first caller today. It was, Hey,

9:21

we got this guy. He wakes up, he makes his bed,

9:25

he likes to go, he likes to get the sizzlory brands.

9:28

I guess the fact that he's almost one hundred years old.

9:32

So what you know, the largest growing the largest growing

9:36

age cohort in America is people over one hundred. There

9:39

is a lot of them, and there's going to be not one hundred and thirty like they found out what

9:43

the Social Security and stuff like that, but there are

9:45

a lot of folks who are who are getting old

9:48

older like that, and it doesn't mean age, doesn't mean competence.

9:54

It's not a one to one now, may have some dementia,

9:58

may have some need for help. Okay, need for help

10:02

is not you know, is not Oh scoop me out

10:06

of my house and put me in a facility. Now,

10:08

maybe it means that you know, you see, you've been hoarding stuff and the house is full of junk, and

10:13

you know you haven't thrown away the pancakes from McDonald's

10:15

from you know, twenty years ago. Okay, that's a problem.

10:19

You know, we can recognize that problem if you're not

10:22

taking care of yourself, so we can recognize that as

10:25

being a problem. But if that's not the problem, if

10:28

you are really taking care of yourself, well you should

10:30

be able to do that and have set up so

10:33

that if you're ever not able to do that, then

10:37

we can step in and help out. That's the key.

10:39

So you're listening to the David Carrier Show. I'm David Carrier,

10:42

your family's personal attorney.

10:45

This hour of the David Carrier Show is pro bono,

10:48

so call in now at seven seven twenty four, twenty four.

10:53

This is the David Carrier Show.

10:55

Welcome back to the David Carrier Show. I'm David Carrier.

10:59

Your family please personal attorney. Now is the time give

11:02

us a call six one six seven seven four twenty

11:05

four twenty four. That's six one six seven seven four

11:09

twenty four twenty four. We'll get your question, comment or

11:12

concern on the air. So what goes into one of

11:16

these plays? Let's get back to basics here a little bit.

11:19

What is it we're what is it we're worried about?

11:22

What should we be concerned about? And sometimes you are like, oh,

11:25

I'm not worried about anything. I'm like, well, I'm good

11:27

for you. Well what are the sorts of things though

11:30

that we you know, as we go through life, you know,

11:34

and again retirement law. Okay, so if you're sixty plus,

11:38

if you're retired or wish you were or planned to

11:41

be someday, that's that's really who this really helps out. Now,

11:45

we got a whole other thing. If you have young children and all the rest. We talk about that if

11:49

you want, but for me to talk about that, then

11:53

you have to call six one six seven seven four

11:57

twenty four twenty four. That's the deal. There are some

12:00

really really excellent things that can be done that aren't

12:04

being done for parents with minor children. I mean some really,

12:10

But you guys got other stuff on your mind. So

12:13

I'm talking to your mom and dad right now, I'm talking to retirees. Okay. So there are four things that

12:18

I think should be done, which in my opinion, are

12:22

routinely not done. And my opinion is based on well,

12:28

thirty five years of doing this stuff. You know, I've

12:32

been practicing for what forty three years now, forty three years,

12:36

so that's a long time. That's kind of a long time.

12:40

But doing the focused on the long term care, the

12:43

estate planning and stuff that's been under my own name.

12:46

That's been thirty five years. Before that, I was working,

12:50

as you know, for a judge and then in the military,

12:54

so that was a lot of fun. Then a couple of years with the big law firm before they booted

13:00

me out. Well deserved. I should have done it sooner,

13:03

but anyway, grateful for that experience and now a new experience.

13:08

We have Sharon on the line. Hello, Sharon, welcome to

13:10

the David Carrier Show.

13:12

Good morning, Thanks for having me.

13:15

You bet youa so right now, this is where you

13:18

say what the problem is.

13:21

Yes, I'm been a lifelong Michigan resident, but now I

13:25

am a Florida resident. My will, ohka, and state planning

13:29

is all based in Michigan. But because I'm a Florida resident,

13:33

I'm curious. How important is it that I now have

13:36

a will that is based with a Florida attorney? Or

13:42

can I keep my will in Michigan? Does it affects

13:46

inheritance tax or anything?

13:49

Nah, you don't have to worry about that. But Sharon,

13:52

do you own a home? Do you have stuff?

13:56

Yeah?

13:56

Or your foot loosen fantasy free? Oh? Okay, then my quests.

14:00

My first question is why do you have a will

14:03

instead of a trust? Because a will is going to

14:05

go through probate.

14:08

If you really want to know, it's because I'm a bit lazy and I don't want to have to engage

14:13

with an attorney every time I sell a home or

14:15

buy a new property, or do any of those things

14:18

that we do frequently.

14:23

Sharon, my love, what are you thinking if you're buying

14:27

and selling properties and look, look, here's the deal, here's

14:31

the deal with the trust. Okay, When if you're buying

14:34

and selling properties, you just keep on buying and selling

14:37

your properties. The only difference when you have a trust.

14:40

And this is true of the asset protection trust, this

14:43

is true of the revocable living trust, this is true

14:45

of trusts in general. The only thing you do is

14:51

when you're selling or buying, you say, oh, by the way,

14:53

I have a trust. So you put Sharon trustee of

14:56

the Sharon Trust on my documents. That's it, okay, And

15:02

you don't have to engage with the lawyer. Huh. Put

15:07

your own name on it, don't you. Yes, well, it's

15:12

not complicated, all right, all right, really isn't complicated.

15:18

Sorry my primary question, Yeah, yeah, yeah, you did ask

15:22

the question.

15:22

I'm sorry.

15:24

So here's what I can have. My will still in Florida, Michigan.

15:28

Oh yeah, yeah, yeah. In fact when we are obviously

15:32

we have clients move all over the place. Right, So

15:34

the one thing, and your will says, you know, apply

15:38

Michigan law to it. So to whatever extent Florida law

15:41

is going to conflict. If there is a problem, it's

15:43

going to be Michigan law that applies. All right. The

15:46

choice of law will be Michigan law, which is what

15:49

you want, because that's the law that you did. The will under so full faith and credit under the Constitution.

15:54

Blah blah, you're fine. Here's the one thing that I

15:57

do recommend the same way with powers of attorney, right,

16:00

because generally speaking, we've got enough time to figure out

16:04

what should be going on. Okay. The one thing that

16:08

I do strongly recommend folks when they move out of

16:10

state to change is your healthcare power of attorney. And

16:14

the reason for that is I don't want an EMT

16:18

or er doctor or somebody trying to puzzle over oh

16:23

whatever am I supposed to do with Michigan the power

16:25

of attorney. What you want is a Florida power of

16:27

attorney for healthcare, right, for healthcare, so that it'll be

16:33

familiar to the people in the hospital, at the ambulance,

16:37

at the hospice wherever, right, so they'll recognize it as

16:41

a Florida document and there won't be any there won't

16:45

be any question. And the reason that's so important versus

16:48

the money, you know, the trust and the will and

16:53

financial power of attorney, is because seconds count when you're

16:58

talking about the healthcare stuff.

17:00

Okay, yes, and I agree.

17:03

Yeah, So that's why I would say, get the get

17:06

the healthcare thing, redone in Florida, not because it's going

17:12

to be really substantially different, but simply because if it's Florida,

17:17

then it'll be familiar to the people that you want

17:21

to have it accepted by, right, you know, so that

17:25

the Florida dog. Oh yeah, it's just another Florida power

17:27

of returney cool. Right. You don't want Tom wondering what's

17:30

a bit different about Michigan, So that would be the

17:32

one thing.

17:33

All right? Is there a way for you to suggest

17:38

the law practice I work with in Michigan to redo

17:41

some of my documents, recommend him offline to me, or

17:46

now I need to make some changes, whether it be

17:49

in Florida or in Michigan. I could use some help.

17:51

And I heard it on the radio that you were

17:53

starting your show today, and I thought, I'm going to

17:55

give a call.

17:57

Yay, excellent. So you want a Michigan law firm to

18:01

make these changes.

18:03

I'm not sure you kind of compelled me that it

18:05

doesn't make a difference. I am curious about inheritance tax

18:09

and I thought it was more advantageous in Florida, So

18:14

I thought my will had to be from Florida to

18:16

take advantage of their better inheritance tax.

18:23

Michigan. Michigan ditched the inheritance tax back in what was

18:27

it ninety two. We haven't had an inheritance tax in forever.

18:31

In a day, and for another five or ten years.

18:34

I want to say, we had what's called a pickup

18:37

tax based on the federal but that phased out too.

18:42

So no, there's no inheritance or estate tax. Now you

18:48

you real estate mobile to you, you might have to

18:51

worry about federal estate tax. Are you married, Sharon? If

18:55

I could ask, yes, oh yes, okay, all right, so

18:58

you each have it's around thirteen million. I think it's

19:02

more than thirteen million now, but you have twenty six million.

19:06

Put it that way, twenty six million of estate plan

19:10

protection in a married couple. Okay, So you really don't

19:15

have to worry about the estate tax until you're pushing

19:17

twenty million or so, and then you really should start

19:19

thinking about it. But it's not gonna it's not gonna

19:23

bite you till it's over twenty six million. So okay,

19:26

you probably don't have to worry about a state tax either. Now you have plenty of money to spend on lawyers.

19:33

That's new information. My information is completely outdated. I'm glad

19:37

I called, but I do need to make a change

19:39

to my my wills, all right.

19:43

So give us are yeah, yeah, I recommend me. Let

19:47

me give you the It's eight hundred three one seven

19:50

twenty eight twelve. Okay, it doesn't cost you anything to call,

19:54

all right.

19:55

I will give a call a little later after the weekend,

19:58

and thank you from very much.

20:00

Yeah, yeah, yeah, we'll have a little chit chat and

20:02

figure it out.

20:03

Okay, all right, have a peaceful day.

20:06

Thank you, Sharon, appreciate it. You've been listening to the

20:09

David Carriers Show. I'm David Carrier, your family's personal attorney.

20:14

David's got the how too you're looking for. Just call

20:17

seven seven twenty four. This is the David Carrier Show.

20:23

Well, come back to the David Carrier Show. I'm David Carrier,

20:26

your family's personal attorney. You know, here's the deal. We've

20:31

got folks who move all around.

20:33

Right.

20:34

You just had a caller who's moved from Michigan to Florida.

20:38

Oh we can understand that choice, can't we. But they're

20:43

buying and selling and oh my goodness, the trust is

20:46

just so difficult, et cetera. Cetera. Well, maybe it is,

20:49

maybe it is. Well, I mean, you have trouble opening

20:53

the milk. You know, you have trouble operating your kurrk machine.

20:57

If you do well, trust might be beyond your level

21:00

of competence. But really, the trust part of it, when

21:07

you're buying and selling real estate is really pretty simple.

21:11

The notion that you have to consult an attorney every

21:13

time you do it. Now we do say because you

21:17

get a free phone call. Those are free phone call always. You are free visit. Right, So if you are going

21:22

to sell your house, if you're a client and you're listening,

21:27

I'm not saying don't call us, call us. It just

21:29

doesn't cost you anything. And the point is, if you

21:33

call us before the transaction, right, we'll tell you what

21:37

you need to say to the title company. So it doesn't cost you anything, all right, There's no cost to

21:43

use there's no fee or whatever just because you have

21:47

a just because you're using a trust, there isn't and

21:50

it's one additional piece of paperwork. It's no big deal. Seriously,

21:56

it's no big deal. So anyway, don't let that get

22:00

in the way of doing the trust and then saddle

22:03

to your family with having to go through probate or

22:06

doing this nonsense. See, here's the problem. Here's the problem

22:09

that you got right. So let's say you've done a

22:11

bunch of deeds, right, You've done the deeds, and then

22:16

you change your mind. Well, in some state, in Michigan,

22:20

you can do this thing that you can change your

22:22

mind on it, right, because it doesn't take effect till

22:24

after you've died. Great, that's that's a good thing. That's

22:29

a transfer on death deed. Great, but not all states

22:32

take it. Florida doesn't take it. You can't do it

22:35

in Florida. It is my understanding. I'm not licensed to

22:38

practice in Florida. And if I'm wrong, you know, call

22:42

me bad names, but but not my fault. Anyway. There

22:45

are many states, Pennsylvania and another one where you cannot

22:49

do the You can't do the lady bird or transfer

22:52

on death deed. Okay, So you're stuck with putting someone

22:56

irrevocably on your deed. Well, what if they die? What

23:01

if you know, they get divorced, if there's a bankruptcy,

23:04

what if? What if? And now you have this is

23:08

why your documents are three hundred pages long. Okay, because

23:12

all of the what ifs that exist out there. Now,

23:15

I didn't make the what ifs. The what ifs happen,

23:18

because they happen. That's life. If you haven't noticed it yet,

23:22

wake up and smell the coffee. I didn't. I didn't

23:28

do it, you know, I just but but I'm not

23:30

gonna I'm not going to soft pedal it, and I'm

23:32

not going to pretend it doesn't exist that I'm not

23:34

going to pretend that that what really happens doesn't happen.

23:39

And I think there's an awful lot of planning, so

23:42

called planning, that's done where you just assume that a

23:45

lot of stuff that actually happens doesn't happen. Not a

23:49

good way to not a good way to go about it.

23:52

But anyway, here's the point. We understand that are you

23:58

know that Americans move from here to there, hitherto on right,

24:02

hither and yon. And if we did in a state

24:07

plan that works great in Michigan but doesn't work anywhere else,

24:10

that's a problem, okay, because now you've got to redo it.

24:13

When you go somewhere else. You get you know, as

24:16

sharing you know our caller indicator. Oh, I got the

24:18

inheritance tax problem or something like this, which you don't

24:22

but the way that we design our plans with the

24:28

trust that qualifies for long term care, for the Medicaid

24:33

for the long term care, that's something that works in

24:35

all fifty states because it's based on the federal law.

24:39

Now you might say, you might say, oh, I'm going

24:42

to go to California, and I understand that it's all

24:44

free in California, which which it was. But now the

24:51

news that's coming out says, hey, you know how California

24:56

was using medicaid dollars federal money to do all other stuff?

25:02

Not so much. Okay, I don't know if you've noticed,

25:06

but there's been sort of a change in philosophy you

25:09

might say, about federal dollars in different states and stuff

25:15

like that. And it may or may not come as

25:18

a surprise to you that we're finding out that California

25:23

is not above the law, that the law doesn't bend

25:27

to meet the needs of California. So that you know,

25:31

federal programs that work somewhere in all forty nine states,

25:35

they work differently in California. Right. So my point is

25:40

that the trusts that follow federal law, and you used

25:46

to be able to say, oh, but look at California. It's different. Now it's not going to be different much longer.

25:50

I don't think there's there's now indications that that Florida

25:55

is going to have to comply. So anyway, the point is,

25:59

if you move to forty nine in other states besides California,

26:01

and god knows why you'd ever want to move to California,

26:04

visit nice place to visit. Go see the intrepidence in Diego.

26:07

I highly recommend it. But but you don't want to

26:10

live there. You want to go to Florida, You want

26:13

to go to Arizona, South Carolina, wherever. Good because in

26:16

those sane states, the federal law that we base our

26:21

trusts on still operates. Okay, so it's it's not that hard,

26:26

number one, not that hard to have a trust. It's

26:29

actually once you've got it set up, now there's there's

26:32

a bunch of work in getting it set up, Which

26:35

is the first thing I think that distinguishes what I

26:38

would call a responsible estate plan from what most people

26:42

are doing, and that is number one is follow through

26:45

and follow up. People don't follow through. You get a

26:49

bunch of documents, you're happy because you paid the money

26:52

and now I've got a stack of documents. Who I

26:55

can check that off my bucket list. I'm done, which

26:58

isn't true because there's a whole bunch of follow through

27:01

that needs to get done, which is which you're being

27:05

told to do by the letter that's in that packet,

27:07

which you're not going to read. Okay, we don't kid

27:11

ourselves that. We don't kid ourselves about that. In fact,

27:14

we make sure that that is part of the deal. Okay,

27:18

that it's that it's a uh that the follow through

27:23

and follow up, what you're not going to do on

27:25

your own, is actually part of the process. Right now,

27:29

you can you know, you can sit down in your traces and not just not do it. You know, you

27:34

can absolutely refuse. Well that's fine, you know, we can't

27:37

make you do anything. But but that's why our trusts

27:41

actually work, is because we have that follow through and

27:43

follow up. The second thing that we do that's differently

27:45

and it's based on the federal law, is we protect

27:48

the assets for long term care. Right because you know,

27:54

and everybody's like, oh, I want to stay at home, great,

27:56

let's stay at home, okay, because that's what that's what's

28:01

available when you have done this correctly and you're in

28:06

a PACE county, which almost every county now is PACED,

28:10

so it's available like all across the state, and it's

28:14

designed to keep you at home.

28:17

Right.

28:17

This is why we love the PACE program so much.

28:19

The third thing that we do is make sure that

28:22

your kids actually get the stuff all right. See, you

28:25

don't want to just send your kid a check because

28:28

you don't know what's going on with your kid, especially

28:31

when you're on when you've passed over, right, when you're

28:35

on the other side of the great divide, Right, you

28:38

don't know what's going on with your kid. Right, Maybe

28:40

they got into trouble, maybe something bad happened. Maybe maybe

28:44

maybe all these possibilities, right, so you don't have to

28:47

think about all the polities. Acknowledge that there are possibilities, Okay,

28:52

not that hard to make sure that none of the

28:55

bad stuff happens, right, Bad stuff can happen them to

29:00

your kids. Yeah, bad stuff can happen. Why add to it,

29:04

Why sacrifice what you've left to the kids. You don't

29:07

have to do that. And then the fourth thing, of course,

29:11

the fourth is we make sure to the extent that

29:16

you want us to you know, you've got to participate

29:19

in this, but we make sure that the IRA is

29:22

treated for what it is, which is the one middle

29:26

class tax break that actually works, that's actually a good deal,

29:31

and which is not available to very wealthy people or

29:36

people at the end the other end of the spectrum.

29:39

They don't benefit. Neither one of them, Neither one of

29:41

those groups benefit from the IRA four one K, all

29:44

those retirement plan assets, they don't, which is why forty

29:48

trillion dollars is owned by the middle class. Let's not

29:51

screw that one up. Even listening to the David Carrier

29:54

Show on David Carrier urging you to go to Davidcarrier

29:57

Law dot com. Sign up for one one of our

30:00

free workshops. We'll see you there.

30:02

David's perking and working and taking your calls. Now, this

30:06

is the David Carrier Show.

30:11

Welcome back to the David Carrier Show. Here's a fun fact.

30:15

Herb Balbert is still touring. Do you remember Herb Balbert

30:19

until you want to brass? Okay, Now, I talk about

30:23

people who are getting older, and seemingly some people think

30:26

just because you're older, you should wind up in a long term Carrier Well, Herb Balbert. How old do you

30:31

think he is? I had to look it up. He's

30:34

ninety years old. Isn't that crazy? And he's still touring.

30:38

Don't you wish you'd be still touring when you're ninety

30:40

years old? I certainly plan to be anyway. Six one

30:44

six seven seven four twenty four to twenty four, that's

30:46

the number to call. Six one six seven seven four

30:49

twenty four twenty four in the in the waning minutes

30:53

of the of the David Carrier, of the David Carrier.

30:56

I can't tell you how good it is to be back doing a live show instead of those pre recorded

31:01

best of We hate those, don't anyway. The workshops are

31:05

cranking along. They're really seeing a nice, uh nice rebound

31:11

from the from the winter time. Seeing a lot of folks at the workshops. That's great, you know, and you

31:17

can too, so uh, just go to the website Davidcarrier

31:22

Law dot com. That's Davidcarrier law dot com to sign

31:27

up for a life planning workshop. We're doing them as

31:31

always in our up in Muskegan, of course, in the

31:35

Norton Shores Shor's office. You know. Surprisingly a very good

31:41

response up there, we've got packed workshops for the next

31:44

week or so, so you might have to push it off a little bit. But go to the website Davidcarrier

31:48

Law dot com. Of course in Holland and the Holland

31:52

office and down in Portage, not to mention good old

31:55

Grand Rapids where you know, the mothership, the where it

31:59

all's started. And so we're we're keeping with that another

32:03

thing that we're that we're doing, you know, and you think, well,

32:08

what if I move to another state, what if something,

32:11

you know, how come everybody doesn't do it this way?

32:14

And that's a good question. I think it's a good question.

32:16

I think the answer is that it's difficult to do

32:20

planning the way we do the planning not for you

32:23

so much as for how do we make how do

32:27

we make it possible for regular folks to hang on

32:30

to what they have earned? How do we make it possible for regular folks to get what they have paid for?

32:36

It's not that easy, okay? Yeah? And is it a

32:39

lot of pages? Yeah, it's a lot of pages, all right.

32:42

At the same time, it's something that an awful lot

32:45

of attorneys have said, you know, I'd like to do

32:49

something like that. So let me tell you what's what's

32:52

going on on that front. We've and I say we,

32:57

it's myself and a couple of partners and down in

33:01

Miami and over in Pittsburgh. We've now got I don't know,

33:06

twenty twenty five other law firms that we're training on

33:11

how to do this stuff this way. We're all doing it.

33:15

We've got another half a dozen law firms that are

33:19

that are implementing this kind of thing. Is it different, Yeah,

33:24

it's different. Is it customary? I hate that word customary.

33:28

Why would you ever want something that's customary? It's I mean, okay,

33:34

vitamin D milk, that would be a good thing. Yeah,

33:36

I'd like to cut. But even with that, you know,

33:40

it's all it's lactose this, and it's something that and whatever.

33:43

It's all kinds of different stuff. So why would you think,

33:47

Why would anybody think, why would any profession hold up

33:51

as its standard? Oh, we want mediocre, that's you know,

33:56

that's what customary is. Customary is mediocre. Oh, I would

34:00

like what everybody else has got because there's nothing special

34:03

about me or my family. It's all, you know, we're

34:06

all the same. Oh. And by the way, if you

34:08

do more than that, then, well, we're not so sure

34:12

about that, because mediocre is what you deserve, mediocre is

34:16

what you should have. That's that's what customary means to me.

34:21

I never understood it. I don't plan to understand it

34:24

anytime soon. And the good news is that this way

34:30

of doing it, you see, because here's the other here's

34:32

the other side of that. Right. It's like, well, now

34:35

understand that, over thirty five years, we've got I don't know,

34:39

twenty thousand some odd families who've done this kind of planning.

34:42

All right, we've done literally thousands of I think we're

34:46

around twenty five hundred something like that, medicaid applications. Okay,

34:50

that's a lot of medical twenty five hundred, I said, medicaid.

34:54

That's a lot of medicaid applications. Okay, and we with

34:58

less than half a person, we get what we asked

35:02

for because why because we followed the rules. It's all

35:05

about following the rules. I don't mind following the rules.

35:08

Give me the tell me what the game is, I'll

35:10

play it, okay, why not? Just don't ask me to

35:16

do it in a mediocre what everybody else is doing

35:19

kind of way, because that is not the way. In

35:22

my opinion, that's not the way too for middle class

35:27

families to succeed, because why because there's people out there

35:31

who don't like you. Okay, there's people out there who

35:34

will take advantage of you. There's people out there who

35:37

thinks you don't deserve what you have earned. You know,

35:39

am I telling you something you don't know? Is this

35:42

new look around? I mean, tell me it's different. I

35:47

don't think it's different. I think it's exactly what's happening,

35:49

and I think it's wrong, and I think that people

35:54

should stand up against it within the rules. All right.

35:59

I'm not saying, oh, you know, revolution or whatever. I'm

36:03

not saying that at all. I'm saying that if we

36:06

read the rules and using the rules, then we can

36:10

secure the middle class. We can secure for people who

36:14

work and save and do the good things. We can

36:16

make sure that those people don't go broke. Why the

36:20

hell wouldn't we do it? And the good news is

36:23

that that's a message that is spreading across the country.

36:27

Next month will be, like I say, we're presenting this

36:31

to I don't know. I think we've got like twenty three,

36:34

twenty four now, something like that anyway, a whole bunch

36:37

of law firms who are willing to re engineer their

36:40

processes to do things kind of the way I've been

36:43

doing it right along along with along with my partners

36:47

who are also using these methods. It's been a few

36:52

years that we've been working on this to actually bring

36:54

it out. It's not something I don't know why you

36:58

would care about it other than just to say it's like, yeah, well,

37:03

I want to do what everybody else is doing. Well,

37:06

people are finally waking up to the idea that going

37:09

broke just because you needed long term care right having

37:12

to pay back what you already paid for is not

37:16

the best deal in the world. In fact, it's offensive

37:19

and it's wrong, and we ought to do something about

37:22

it within the context of and I'm not talking about

37:25

changing the rules. I'm like, fine, you made the rules. Fine,

37:31

give me any set of rules. I'll obey the rules, right,

37:34

but unless they're totally ridiculous, and sometimes they are, then

37:40

I won't do that thing that you're telling me not

37:42

to do, but I'll do this other thing which I

37:44

can do. And again, this is the sort of thing

37:48

that has been upheld by the Court of appeal and

37:51

you'll get plenty of authority for what we're doing here.

37:53

And it's spreading nationally to the to the because we

37:57

got firms from New Jersey to Texas to Georgia, Florida,

38:02

you know, all over the place that are actually really

38:09

adopting and or will be adopting because you know, it's

38:13

been a long time to make sure that we got it just right, that we could have other firms do

38:18

things the way I'm doing them, the way that my

38:20

partners are doing them in other states. It's not that weird.

38:28

It's different.

38:30

That it is.

38:31

It's not customary, it's not mediocre, it's not run of

38:35

the mill, plane, Jane, it's not that. It's what you

38:38

actually need to make sure that what you've worked for

38:41

remains yours and is a legacy to the future. And

38:45

that's what I got to say about that. Even listening

38:47

to the David Carrier Show, I'm David Carrier, your famili's

38:51

personal attorney.

38:52

You've been listening to The David Carrier Show a lively

38:55

discussion addressing your questions and concerns, but not legal advice.

38:59

There is a big difference. So when making decisions that

39:02

affect your family, your property, or yourself. The best advice

39:05

is to seek good advice specific to your unique needs.

39:09

If you missed any of today's show, or would like

39:11

additional information about the law offices of David Carrier, please