Page 21 - Senior Times South Central Michigan January 2022 - 29-01
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Ask the
Senior Times - January 2022
Page 21
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ATTORNEY
LADY BIRD DEED
QUESTION: My Aunt just passed away. She left her home and 20 acres to my four siblings and myself. She did this with a lady bird deed that her attorney prepared for her. What should I do now?
cannot name contingent beneficiaries, or charitable gifts, or other complex distributions.
Make sure to do something with your share in the property (20% own- ership). If you don’t do anything and you pass away, then a probate estate may have to be opened. This depends on how the lady bird deed was word- ed. If your share does not pass to your siblings automatically when you die, then one way you can avoid probate is to do a lady bird deed for your share. Then it will pass to the beneficiary you have named; just like your Aunt’s did. However, just a word of caution on lady bird deeds; they are not Wills or Trusts. The lady bird deed will pass the property to a person or persons. You
I would advise you to see an estate planning attorney. They can let you know your options. Don’t try to do this on your own; I see too many self-prepared deeds that ALL end up in probate.
Michael Walling, Special to Senior Times
ANSWER: You and your siblings are now the owners of the property. You need to record a certified copy of your Aunt’s death certificate at the Register of Deed’s office in the county where the property is located.
Another way to avoid probate would be to deed your share into your Trust. Then the Trust will control what hap- pens to your share. With a trust you can delay distributions, leave charitable contributions, etc. If you don’t want the Trust to own your share right now, then you can do a lady bird deed putting the property in your Trust when you die.
Michael B. Walling is an Elder
Law attorney with an advance Master of Laws degree. He manages The
Elder Law Center and the law firm of Michael B. Walling, PLC. Mr. Walling is also a part-time Professor at Western Michigan University. Please email any questions you would like addressed to: info@wallingplc.com. This column is intended for general information pur- poses only and should not be consid- ered as legal advice to any particular person.
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Updates on Your
SOCIAL SECURITY
Vonda VanTil, Special to Senior Times
NOT READY TO RETIRE? YOU CAN STILL APPLY FOR MEDICARE ONLINE
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MICHAEL B. WALLING, PLC
Wills • Trusts • Powers of Attorney
Lady Bird Deeds • Nursing Home Planning
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MICHAEL B. WALLING
Elder Law Attorney
Author of "Ask the Attorney"
Call for a free
initial consultation*.
*Except Asset Protection Planning
(269) 968-1101
Offices in Battle Creek & Kalamazoo
www.wallinglawoffice.com
Helping seniors for over two decades.
Did you know that you can apply for Medicare online even if you are not ready to retire? And it takes less than 10 minutes! There are no forms to sign and usually no required docu- mentation. We’ll process your applica- tion and contact you if we need more information. To apply for Medicare and find other important information, visit www.ssa.gov/benefits/medicare.
Medicare Prescription Drug program. You must be receiving Medicare, have limited resources and income, and reside in one of the 50 states or the District of Columbia to qualify for the Extra Help. For more information on Extra Help, visit www.ssa.gov/bene- fits/medicare/prescriptionhelp.
If you want to start receiving Medicare at age 65, you must apply for Medicare no earlier than three months before your 65th birthday and no later than three months after that birthday. We refer to this window of opportunity to apply for Medicare as your initial enrollment period.
www.ssa.gov/pubs/EN-05-10530.pdf. • When to Start Receiving Retirement
You may also want to read these publications:
• Apply Online for Medicare – Even
if You Are Not Ready to Retire at
Benefits at www.ssa.gov/pubs/ EN-05-10147.pdf.
Some Medicare beneficiaries may qualify for Extra Help to pay for the monthly premiums, annual deduct- ibles, and co-payments related to the
Vonda Van Til is the Public Affairs Specialist for West Michigan. You
can write her c/o Social Security Administration, 3045 Knapp NE, Grand Rapids, MI, 49525 or via email at vonda.vantil@ssa.gov.
Help a friend or family member by sharing this information. Our pro- grams are here for those who need them.
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