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We couldn't agree more! Dr. Natali is brilliant and the work she does to help families and dementia caregivers is invaluable. Thank you for watching!

Great question! Yes, a ‘lady bird’ deed can be filed without the children’s consent, and no, they do not need to sign an acknowledgment. Thanks for watching!

That's an interesting idea!

We are so grateful Lance could join us!

Thank you for watching! We're so happy you found this helpful.

We couldn't agree more with you about Dr. Natali! The work she does changes lives for the better. Thank you for watching!

We are thrilled you could join us! This episode is fantastic, and we're excited to share it with our listeners. Thank you!

Thank you so much for your kind words! We're thrilled to hear that you found the interview informative and valuable. Life Skills Village offers fantastic resources and options for retirees, and we're glad we could help highlight their services. Stay tuned for more episodes of Advice From Your Advocates as we try to bring you insightful discussions and helpful information just like this. If there is anything Mannor Law Group can do to assist, please don't hesitate to reach out! 800-990-6030

Thank you for sharing your thoughts on Ladybird deeds. As an elder law and estate planning attorney with over 20 years of experience, I appreciate the opportunity to clarify some points about these deeds. Ladybird deeds, also known as enhanced life estate deeds, can be a useful tool in certain circumstances. We help our clients with Ladybird Deeds occasionally. The complications of a Ladybird deed are often hidden by what appears on its face to be a simple document. It is important to understand that every legal tool has its context and limitations. While a Lady Bird deed might seem straightforward, the nuances of estate planning often require a more comprehensive approach. For instance: 1. Asset Protection: Many believe the Ladybird deed protects the house from Medicaid spenddown. However, in Michigan, that will not help if the property is not their personal residence or if the house is sold before the death of the person who needs Medicaid. These types of deeds are often used by married couples, attempting to transfer upon the death of the second spouse to die. This creates a problem if the healthier / care-giver spouse dies first, and the surviving spouse can no longer live in the home. It does not create the protection the couple thought that they had. 2. Probate: Many people use Ladybird deeds to avoid Probate Court. However, Ladybird deeds can end up in Probate Court or worse, Circuit Court. If people die in the wrong order (example: child dies before parent) it could still end up in Probate Court. If the people receiving the property are fighting or cannot agree on what happens to the property next, then it will likely end up in Circuit Court with a Petition for Partition. 3. Lack of Precision: Is the property transferred by Joint Tenants or Tenants in Common? If it is Joint Tenants, you may be unintentionally cutting out the family of your deceased children. If it is Tenants in Common, it may end up in Probate if your child dies before you. 4. Complex Family Dynamics: Estate planning often involves complex family dynamics, blended families, or unique asset distributions that a simple deed might not adequately address. 5. Legal Nuances: The legal description, execution, and recording of deeds must be precise to avoid potential issues. Mistakes or omissions, even minor ones, can lead to significant legal problems down the road. Our goal is not to complicate simple solutions but to ensure that each client's unique needs are met with the most appropriate and effective planning strategies. Lady Bird deeds are a valuable tool in the right situation, but they are just one piece of the larger estate planning puzzle. Thank you for your engagement and for highlighting this important topic. If you or anyone else has further questions, we are always here to help.

Hello! Thank you for watching. This is a great question. Here is our take: In Michigan, a Lady Bird Deed allows the property owner to retain full control over the property during their lifetime, including the right to sell, lease, or mortgage it without needing permission from the beneficiaries named in the deed. Because the owner maintains full control and ownership of the property until their death, they continue to benefit from the tax exclusions available to homeowners. Specifically, the capital gain tax exclusion permits homeowners to exclude a significant portion of the capital gain from the sale of their primary residence, provided they meet the IRS requirements. These include owning and using the home as their primary residence for at least two of the five years preceding the sale. Therefore, if the owner decides to sell their home during their lifetime, the use of a Lady Bird Deed in Michigan does not alter their eligibility for the capital gain tax exclusion. They will still qualify for the exclusion, assuming they meet the other IRS conditions related to ownership and use. This ensures that the benefits of the Lady Bird Deed do not come at the cost of losing valuable tax advantages.

That's a great question! The property owner would have to create a new deed listing the updated beneficiaries, and then register that new deed with the county.

Thank you for watching!

Hi there! Thanks for watching and reaching out with your concern. It's important to note that Power of Attorney (POA) laws can indeed vary from state to state. In Michigan, as in many other states, a Power of Attorney is a legal document that grants authority to an individual (the agent) to make decisions on behalf of another person in specific circumstances outlined in the document. However, a Power of Attorney is not the same as a guardianship. Regarding your question, while a Power of Attorney grants authority to the designated agent to act on behalf of their person. Each state has their own rules about who can limit access to family members. The person should always be able to decide for themselves if they have the capacity to do so. If the person is incapacitated, in Michigan we have MCL 700.5306. Subsection 6 addresses guardianship visitation when a person is denied visitation with an incapacitated individual. Under this provision, if the court makes specific findings based on clear and convincing evidence, the judge may appoint a limited guardian to supervise visits between the incapacitated person and the other person. Communication between family members and the designated agent is typically encouraged to ensure that best interests are upheld. If you're experiencing challenges in this regard, it may be beneficial to explore avenues for mediation or legal assistance to address concerns and facilitate effective communication. If you have further questions or need assistance, don't hesitate to reach out to our office (800) 990-6030.

Thanks for sharing your experience! It's great to hear that a lady bird deed worked well for you in Michigan. You're absolutely right that they can be a valuable tool in specific situations. As the video mentioned, lady bird deeds are not necessarily "outdated," especially in states like Michigan where they are recognized. However, it's important to remember that they may not be the best fit for everyone. Here are some key points to consider: *Complexity: While lady bird deeds are simpler than irrevocable trusts, they may still require legal assistance to ensure proper execution and avoid potential complications. *Limited Scope: Lady bird deeds primarily address property transfer upon death. They don't offer the same level of asset protection or control over beneficiary access as some trusts do. *Medicaid Eligibility: While lady bird deeds generally don't impact immediate Medicaid eligibility, future regulations or changes in your circumstances could affect this. It's crucial to consult with an elder law or estate planning attorney to determine the best strategy for your individual needs. They can assess your specific assets, family situation, and goals to recommend the most suitable solution, whether it's a lady bird deed, a trust, or a combination of tools.

Thanks for your question! It's important to ensure all children have access to quality education in an inclusive environment. Public schools are required by law to provide Individualized Education Plans (IEPs) for students with special needs. These plans outline specific accommodations and support to help them succeed. Schools also have trained professionals like special education teachers and paraprofessionals to assist students. While guardianship may be necessary for some individuals after 18, it's not always the case. Often, young adults with special needs can benefit from supported decision-making options that allow them more independence. Our full video on special needs planning explores these nuances in more detail. Thank you for watching!

We're happy to know you found this video helpful. Thank you for letting us know, and thank you for watching!

We are so glad to know you found this video helpful. Thank you for watching and thank you for sharing!

Thank you for watching (and sharing our video!) We're glad to know you found it helpful, and we really appreciate the support! Have a nice day!

Thank you for your response. While these documents may have worked in your specific situation, everyone's facts and details are different.

Thank you!

Ok that's great. It sounds like you may be covered, but we always suggest contacting your local VSO. Thanks again for watching, and we hope you have a happy new year.

Tina, we are forever grateful for your husband's service. According to the VA, as the surviving spouse, you could be eligible for VA Dependency and Indemnity Compensation (VA DIC). This program is very fact specific and isn't always easy to apply. We think you should definitely talk to a local VSO for further assistance. If you need help finding a VSO near you, please give us a call.

Tina, we are forever grateful for your husband's service. According to the VA, as the surviving spouse, you could be eligible for VA Dependency and Indemnity Compensation (VA DIC). This program is very fact specific and isn't always easy to apply. We think you should definitely talk to a local VSO for further assistance. If you need help finding a VSO near you, please give us a call.

Thank you for watching! If there is anything we can do to help, don't hesitate to reach out.

Thank you for your service, and we send our deepest condolences for the loss of your friends. We're sorry to hear of all the troubles you've experienced. We would be happy to learn more about your service and discuss the possible options you may have for VA compensation or possibly Aid & Attendance. Our phone number is 1-800-990-6030.

Also - while you are still welcome to contact us, we encourage you to apply for this benefit. Some of the symptoms you are mentioning are consistent with Agent Orange presumptive illness.

Great question! This can be done. It would be based on the wording of both the Power of Attorney and the wording of the Trust. However, even if both documents grant this authority, a bank or other third party may still require action by the Trustee rather than the Agent under Power of Attorney (presuming that they are not the same person). If you are a Michigan resident, we would be happy to discuss this with you in more detail. You can call us (800) 990-6030 or visit www.mannorlawgroup.com. Thanks!

Thanks for listening, Regina! We're happy to hear you've got your ducks in a row down there in Georgia, and we're also happy to hear you enjoyed the podcast. We appreciate the feedback. Best!

We thank you for your service. We're hopeful that VA gives you a favorable reply. If by chance you receive a denial, you're welcome to give us a call at (800) 990-6030.

To give the classic "legal" answer: It depends! You will still want to connect with an Estate Planning attorney in your state to discuss your specific planning.

We thank you for your service and are sorry to hear of what you've dealt with since then. We could possibly help. We need to ask a few questions and gather additional information to say for certain. You can call our office at (800) 990-6030 on Monday to speak with our team.

Yes, it is and we've updated the graphic since releasing the video. Email info@mannorlaw.com to request the levels of care document, and we will send it to you.

Thanks for watching! We are glad you found it to be useful!

They turned me down for the essential tremors, too.I have the same problem along with skin rashes and blisters and hypertension. I am appealing the decision on the tremors and hypertension. The VA will do everything they can to deny you, especially the first time. I was in nam half of 70,half of 71, camp eagle. Worked off of fire bases for recon.

This is an excellent question and a why working with a qualified attorney can be helpful. Essential Tremors may need to be approached differently than other illnesses. If you have Essential Tremors and are considering applying for VA benefits or have applied and been denied, please call our office at 800-990-6030. We may be able to help, but if not, we will refer you to someone who can.

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