David L. Carrier’s Answers

David L. Carrier

Grand Rapids Elder Law Attorney.

Contributor Level 18
  1. Can the executor of the estates stop a heir from getting a advancement against the inheritance??

    Answered 9 months ago.

    1. Dara J. Goldsmith
    2. David L. Carrier
    3. Ruth Elaine McMahon
    4. Michael Leo Potter
    4 lawyer answers

    Advance distributions are at the PR's discretion. You do not have a right to receive an advance.

    7 lawyers agreed with this answer

  2. How can executor (family member/lawyer) of estate(s) maintain control of estate(s) in perpetuity? Widow needs to sell vehicle.

    Answered 11 months ago.

    1. David L. Carrier
    2. David M. Pyke
    3. Kendall Shane Cockrell
    4. Keith G Langer
    4 lawyer answers

    Q: How can executor (family member/lawyer) of estate(s) maintain control of estate(s) in perpetuity? A: By betraying the trust placed in him by his family. His ultimate destination is the first ring (Caina) of the Ninth Circle of Hell which is reserved for traitors to kin; frozen in ice, only their faces are exposed to be torn by demons. Q: How do we proceed w/o his involvement? A: Get to a good probate attorney and petition for guardianship and conservatorship. Then report this evil person...

    7 lawyers agreed with this answer

  3. Who receives the tax deduction benefits when home is held in trust, but I live in it and pay for property taxes, maintenance, et

    Answered about 1 year ago.

    1. David L. Carrier
    2. Michael Leo Potter
    3. Joseph Franklin Pippen Jr.
    3 lawyer answers

    I think the trust would get the deductions, but would then "K-1" them to you so you would get the ultimate benefit. Ask your CPA...

    7 lawyers agreed with this answer

  4. Can the PR sell the property before the probate has closed.

    Answered about 1 year ago.

    1. David L. Carrier
    2. Celia R Reed
    3. Kari Dawn Coultis
    4. Richard S Sternberg
    4 lawyer answers

    That's your job as PR... sell the stuff, pay the bills, distribute the left-overs...

    7 lawyers agreed with this answer

  5. What are Standing orders for in Probate court? These 2 are regarding any letters issued to the public guardian/Administrator who

    Answered about 2 years ago.

    1. Evan Edward Pierce-Jones
    2. David L. Carrier
    3. Steven J. Fromm
    3 lawyer answers

    Standing Orders in most courts have to do with routine matters dealt with in those courts... usually they are points of local procedure that respond to some local concern. That's why you need to seek counsel from a local attorney.

    7 lawyers agreed with this answer

  6. What is the statue of limitations on probate in the state of michigan

    Answered 9 months ago.

    1. James P. Frederick
    2. David L. Carrier
    3. John F. Brennan
    4. Peter L. Conway
    5. David B. Carter Jr.
    5 lawyer answers

    Not sure how probate comes into this... I don't think it does...

    5 lawyers agreed with this answer

  7. My mother is in a nursing home and has a pending medicaide application. How can I prevent my brother from withdrawing $.

    Answered 12 months ago.

    1. Brian C. Snell
    2. David L. Carrier
    3. Kelly Scott Davis
    4. Scott D Rosenberg
    4 lawyer answers

    It seems obvious that if your brother spent your mom's money on your mom you wouldn't have much of a problem with that... so I'm assuming that he took the cash for his own purposes. If the financial power of attorney allows brother to make gifts to himself, you've got a divestment problem with MassHealth that may lead to your mother having a penalty period before the nursing facility will be paid by the state. If the power of attorney does not authorize brother to play Santa for himself, your...

    5 lawyers agreed with this answer

  8. Trust distributions and taxes

    Answered about 1 year ago.

    1. Scott D Rosenberg
    2. Brian C. Snell
    3. David L. Carrier
    3 lawyer answers

    So you want to distribute all the money to yourself and then spend half on your brother to get the lower tax rate and avoid giving brother an irresponsible amount of $$$? If the distribution goes to you for tax purposes, then your subsequent distribution to him is just a gift from you and not chargeable against his trust share. I sympathize with your desire to protect your brother and minimize the tax rate, but this is a bad idea...

    5 lawyers agreed with this answer

  9. HELP Our mortgage is in my fathers name he must apply for Medicade, He will be denied w a 1400 mnth mtg being paid. FORECLOSURE?

    Answered over 1 year ago.

    1. Amy Rombyer Tripp
    2. James C. Higgs
    3. David L. Carrier
    4. William Luke Labre
    4 lawyer answers

    All good news for you.. your farm/house is NOT at risk, but you have to take steps... Do we walk away from this house? No! Let it go back to the bank? No! Do we have ANY options? Yes! We have paid over a 100k so far. If we are forced to walk away from the mtg so my father may receive Medicade for his health care... Where did you get this idea - it is completely false! , how long will we be able to stay on the property we have livestock on 10 acres. Were told that when my father...

    4 lawyers agreed with this answer

    2 people marked this answer as helpful

  10. Father passed away. No power of attorney. 4 Brothers. Owns alot of land. What do I do now.

    Answered about 2 years ago.

    1. E. Alexandra Golden
    2. David L. Carrier
    3. Elliot S Coren
    4. Joseph Franklin Pippen Jr.
    5. Christopher W. Vaughn-Martel
    6. ···
    6 lawyer answers

    I guess we always have to say that you don't really need an attorney to help with probate, but that's just false modesty, I think. In a case like this, where there are significant real estate assets in two states, where you've already identified a potential troublemaker, where there is no known estate plan in place, where you've never been down this road before.... brother, if you don't NEED an attorney, I don't know who does... Fortunately, a good lawyer can really make things go much more...

    5 lawyers agreed with this answer

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