David L. Carrier’s Answers

David L. Carrier

Grand Rapids Elder Law Attorney.

Contributor Level 18
  1. Must list underwater house in probate?

    Answered almost 2 years ago.

    1. James P. Frederick
    2. Joseph Franklin Pippen Jr.
    3. David L. Carrier
    4. Robert E. Millsap III
    5. Jonathan Craig Reed
    5 lawyer answers

    Once you open the estate, the estate is liable to all of the creditors... The house with the mortgage is just the 1st asset to which the bank is entitled, the bank's claim actually goes to all of the assets. Agree with James that you may be able to work a short sale on the house, but I'd suggest exploring that opportunity and taking a hard look at all of the assets and liabilities before opening the estate. Sometimes it's better to let sleeping dogs lie.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Non probate assets?

    Answered over 2 years ago.

    1. Steven J. Fromm
    2. David L. Carrier
    3. Joseph M. Masiuk
    3 lawyer answers

    Q: Are these insurance payouts non probate assets? A: Yes. Q: Would cashing these checks adversely effect med assist eligible for surviving spouse? A: No. Very sorry for your loss, but hoping you had a merry Christmas!

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. I hold power of attorney for my sister living abroad. Do I have a right to sign her signature in place of her?

    Answered 4 months ago.

    1. James P. Frederick
    2. David L. Carrier
    3. John Joseph Campbell
    3 lawyer answers

    A power of attorney does not authorize you to sign your sister's signature, but only allows you to sign for her on the terms and conditions stated in the written power of attorney. That's why everyone always wants to see the actual power of attorney. Don't do it!

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. Once the estate of a deceased is closed, has been to probate with a Final accounting? How long does it take for distribution?

    Answered 6 months ago.

    1. James P. Frederick
    2. John J. Keenan
    3. David L. Carrier
    3 lawyer answers

    You're not supposed to close the estate until all the $$ has been distributed. The sworn statement filed by the personal representative affirms that all the $$ has been distributed. So what's going on? I dunno!

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. What responsibility does an assisted living facility have if a resident is injured at the facility?

    Answered 3 months ago.

    1. David L. Carrier
    2. Matthew R Schutz
    3. Joseph Franklin Pippen Jr.
    4. Gary Bruce Garland
    4 lawyer answers

    I agree with the other attorneys answering the question. But you should also be aware that even if successful in suing the facility, the damages are likely to be minimal.

    Selected as best answer

  6. Is an AB Trust liable for debts of a Surviving Spouse?

    Answered 9 months ago.

    1. David L. Carrier
    2. Donna R Blaustein
    3. Steven D. Beres
    3 lawyer answers

    With all the usual, "I don't know all the facts so I don't really know what I'm talking about" warnings, I would say that the Trustee of the credit shelter trust is not liable for the debts of the surviving spouse. The way a CST works is to claim that the surviving spouse does not own the assets in the CST... that's how you get to use the first decedent spouse's estate tax credit. So it was first to die spouse's money that was held in trust for profligate second to die spouse and those trust...

    Selected as best answer

  7. My brothers put my mother in a nursing home without telling me and are now denying me access to her.

    Answered 9 days ago.

    1. Steven Douglas Eversole
    2. David L. Carrier
    3. Lawrence A Friedman
    4. Daniel Del Collo III
    5. Artin Gharibian
    5 lawyer answers

    More here than meets the eye, no doubt... What authority did your brothers have? Where did they get the authority? Is mom competent? Is there a PoA? Is there a guardianship? Many questions, few facts... get to an attorney and get some answers!

    6 lawyers agreed with this answer

  8. My parents are selling their farm, it is worth 500,000. They are both 78 years old. What should they do with the money?

    Answered about 2 months ago.

    1. Michael Charles Doland
    2. Jay K. Nixon
    3. David L. Carrier
    4. Edward Fossum Hooper
    5. Jeffery J. Drach
    5 lawyer answers

    The first step is to define goals. Your folks will never go broke on their own, but long term care costs may very well lead them to poverty. How can we avoid that cul de sac? First, by recognizing that avoiding probate/saving taxes/making it easy for the kids are not appropriate goals. Second, by acknowledging that preserving assets for the folks, IS the point. Good planning is a team sport. A successful team needs an elder law attorney, financial adviser/planner and accountant/ tax planner....

    6 lawyers agreed with this answer

  9. My mother and father recently created a Revocable Living Trust through their estate attorney.

    Answered 3 months ago.

    1. James Oberholtzer
    2. David L. Carrier
    3. Paula Brown Sinclair
    3 lawyer answers

    The tragedy with most estate "planning" is that the situation you describe is usually ignored. It takes time to explain to families why simply sending checks to beneficiaries is not a good idea, but it is time worth taking. My view is that everyone is in your brother's position, potentially. That's why I always, strongly, advocate that distributions to beneficiaries be made in trust, protected from the creditors and predators...

    6 lawyers agreed with this answer

  10. My mom passed away and i have 2 family members taking things of value there was no will or power of attorney what can i do to st

    Answered 3 months ago.

    1. David L. Carrier
    2. Evan H Farr
    3. Joseph Franklin Pippen Jr.
    3 lawyer answers

    What can i do to stop it i have lived here for 2 years? File a petition in probate court to probate the estate.

    6 lawyers agreed with this answer

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