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Lady Bird Deed Michigan: What Is It? Who Is It For? Should You Have One?

Uncategorized Mar 02, 2023
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This article explaining the Michigan lady bird deed by Medicaid planning and estate planning attorney Nicole Wipp is not, and should not be construed as legal advice. It is for informational purposes only. Contact our office at 248-278-1511 or consult a qualified attorney to learn whether this critical estate planning tool is right for you.

Is a lady bird deed legal in Michigan?

Yes! In fact, lady bird deeds are considered an important estate planning resource and are very often an important part of a Michigan families estate plan.

What is the purpose of a lady bird deed in Michigan?

A Lady Bird deed is a on death deed, meaning that it transfers real property to a person, trust or other entity upon the owner's death. I often tell people it's like having a beneficiary designation for your house!

Under a Lady Bird deed, the grantor stays the property owner throughout life, but only on death does the ownership interest in...

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Michigan Medicaid Applications: What You Need To Know About Medicaid Benefits In The Nursing Home

 Long term care programs in Michigan - Nursing Home Medicaid 

Medicaid is a federally funded healthcare program that helps those who can't afford to pay the high costs of healthcare with financial assistance. Medicaid helps provide medical services at home or hospital for acute medical needs and rehabilitation. There is a wide variety of community-based activities, including adult daycare services and help with transportation.

But it is very important for you to understand: the availability of Medicaid coverage in the home for long term care services in Michigan is extremely limited.

Although we know that most people prefer to live independently, if someone's health requires long-term care services (for example, help dressing, bathing, eating, using the bathroom, remembering to take medications, etc.) Medicaid supportive services in the home are rarely enough.

Unfortunately, it is also true of assisted living and adult day care and foster care services.

This is when...

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Understanding the Difference Between Medicare and Medicaid Coverage for Long-Term Care in Michigan

Why is it important to know the difference between Medicare and Medicaid?

This article discusses the difference between Medicare vs Medicaid medical insurance in long-term custodial care, also known as nursing home care, in Michigan. It is important to understand these distinctions as they can significantly impact an individual's ability to access the health coverage needed for necessary medical treatments. Medicare health insurance only covers up to 100 days in a skilled nursing facility.  Most people will need the assistance that Medicaid coverage provides.

This article is not intended to provide legal advice.  It is for general informational purposes only.

Summary

    • Long-term care prices in Michigan are increasing more than the national trend, which means that someone just using Medicare might not be able to afford the treatments they need while in the facility. 

    • Medicare part A only covers up to 100 days in a skilled nursing facility, and any services provided...

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Do You Need To Avoid Probate?

probate Nov 08, 2022

Michigan Probate:

DO YOU NEED TO AVOID PROBATE? 

 

What is probate?  This is our definition and the true reality:

“Probate is a lawsuit you file against yourself, with your own money, on behalf of your creditors.”

Probate is the legal process of presenting your Will to the Court after your death to authenticate it and appoint your Executor/Personal Representative. Your Executor/Personal Representative must be appointed by the Court to collect and distribute your assets as stated in your Will. However, because it is a legal process, many steps must be followed before your Executor can be appointed.

  • The Michigan probate process requires a Personal Representative to be appointed - even in simple and/or uncontested cases.  
  •  The Personal Representative must file numerous forms, follow an extensive and somewhat complicated process, and pay attention to deadlines and criteria throughout the entire process.  Most people find this...
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Gift Tax: Why Giving Away $15,000 Is a Trap For the Unwary

Have you ever heard that you can give away up to $15,000 per person per year to avoid gift tax? 

Spoiler alert: the government gives with one hand and takes away with the other.

Giving away money and things is actually a lot trickier than you may realize. There are so many times when somebody will come into my office, and they'll say something to me like, "Oh, but I know that you can give away 10,000 or 11,000 or 15,000 per person per year, and It'll be okay!". However, that statement is very problematic.

First, I want to explain what gifting is in the eyes of the law. "A gift is property, money, or assets that one person gives to another while receiving nothing or less than fair market value in return." That seems pretty simple, right? Where people get confused is when they give away certain things that may not seem like gifts.

For example, let's say you want to give your car to your grandchild. You sell it to them "for $1", but according to the vehicle's market...

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The Great Grandparent Scam | How To Start Important Conversations With Your Elderly Loved Ones About Various Scams & Elder Abuse.

The FBI estimates that seniors lose more than $3 billion each year to fraud. 

So what happens when a beloved grandchild calls, begging for money because a bad thing happened to them. Well, you know the answer. That's why this has to be a family conversation right now. 

The following is a story we've heard many, many times. The scammer will call an older person and say something along the lines of:

"Hi Grandma, do you know who this is?"

When the unsuspecting grandparent guesses a grandchild's name that the scammer sounds like, the scammer establishes a fake identity without doing any background research or doing any heavy lifting at all. 

Then the fake grandchild will ask for money to solve some unexpected financial problem. Usually, it's something like:

  • Overdue rent or bills

  • They need their car repaired

  • Or they got into trouble and are in jail and need bond

The scammer makes it seem as if their grandchild needs help immediately and is...

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Michigan Probate | What Is Probate And What Should You Do About It?

What is Michigan Probate? 

This is our definition, and the true reality:

“Probate is a lawsuit you file against yourself, with your own money, on behalf of your creditors.”

The Facts...

Probate is the legal process of presenting your Will to the Court after your death to authenticate it, and appoint your Executor/Personal Representative. Your Executor/Personal Representative must be appointed by the Court in order to collect and distribute your assets as stated in your Will.

However, because it is a legal process, there are many steps that must be followed before your Executor can be appointed. 

  • The Michigan probate process requires a Personal Representative be appointed - even in simple and/or uncontested cases.  
  • The Personal Representative must file numerous forms, follow an extensive and somewhat complicated process, and pay attention to deadlines and criteria throughout the entire process.  Most people find this to be exhausting, confusing,...
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How Can Life be Handled With an Aging Parent and Young Kids?

It’s never easy to watch our parents get older and lose the capabilities to do certain tasks independently. It’s even harder for those whose parents have been diagnosed with Alzheimer’s disease or another form of dementia while raising a young family of your own simultaneously. Not only does this diagnosis guarantee a parent’s eventual loss of skills and independence, but it could also mean a loss of personality traits and characteristics of the person who raised them.

 

Below is a letter I think unfortunately many of us can relate too. Written by a member of the Sandwich Generation to sociologist and coach Christine Carter about her struggles with feeling overwhelmed, sad, and stuck.

“My mom was diagnosed with Alzheimer’s two years ago, just before I got pregnant with my second daughter. I was fortunate to have a stellar short-term therapist available through a pregnancy program at work to help me come to grips with my mom’s...

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How Old Should You Be Before You Get Powers of Attorney?

 

How old should you be before you get powers of attorney? In this video, I was inspired right after leaving a court hearing to answer this VERY important question about why it may not be when, or why, you think.

Use The Amazing Legal Tools Available To Protect Yourself, and Those You Love. 

How?  Contact us Today: (248)278-1511

Prefer to read this information? Below is the video transcript.

So how old should you be before you have a power of attorney?

Hi, I'm Nicole Wipp, the founder and lead attorney of the Family and Aging Law Center.

I'm sitting here in my car after I literally just got out of court in that building right there today, and I got so inspired to make this video because of what happened in court today.

You know, the reason that I was there is because I was representing a woman that is younger than me. She has a husband that got in a terrible car accident, and now is completely unable to make any decisions for himself related to finances and related...

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Aid and Attendance Legal Update -The Veterans Administration Moves The Ball

 

This Aid & Attendance legal update written by attorney Nicole Wipp at the Family & Aging Law Center is not, and should not be construed as, legal advice.  For advice specific to your situation, consult a qualified and accredited Veterans Administration attorney.

One of the most important benefits for long term care is something known as "aid and attendance" or "Veterans Improved Pension."

For several years now, we have been hearing rumblings that the Veterans Administration was going to have a massive change to the rules surrounding this benefit.  

And finally, yes - the Veterans Administration moved the ball.  The old rules are out, and the new rules are in...as of October 18, 2018.  So if you're looking to get this benefit under the "old" rules, all transfers must be completed before that date.

How Does This Affect People Seeking Aid & Attendance Benefits?

Here is a rundown of the most important changes that will affect Veterans and their...

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