Page 11 - Senior Times South Central Michigan - March 2020 - 27-03
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From The
Senior Times - March 2020
Page 11
  THE ELDER LAW CENTER
Helping Seniors Preserve Their Lives
Asset Protection Planning for Persons in a Nursing Home or Entering a Nursing Home Powers of Attorney • Wills • Trusts • Probate
Don't Lose Everything You Have To the Nursing Home
I can help you save up to 100% of your assets.
Michael B. Walling, J.D., LL.M.
Let me help you properly draft and fund a trust before you or your spouse enter a nursing home; it could save you over $50,000!
   MICHAEL B. WALLING
Elder Law Attorney
Author of "Ask the Attorney"
 Call for a free
initial consultation*.
*Except Asset Protection Planning
(269) 324-7344
Offices in Portage & Battle Creek
www.wallingplc.com
Helping Seniors preserve their lives for more than a decade.
   Throughout our lives, there will be times when we need an extra hand to overcome some of the challenges and obstacles we face. It is in these moments that we turn to those closest to us for help; and for most, that’s our family.
Whether you’re caring for your immediate family, a distant relative, or a close friend, remember that you’re never alone. There are many state and local resources available to support you along your personal caregiving journey.
Our families are our most important support systems in life; but as much as we rely on our other family members to care for us, we too have the responsi- bility to care for them. This can be both rewarding and stressful as we begin car- ing for our aging parents while raising children of our own. There may even be times when we are called to care for our extended family members as well.
Michigan families may come in all shapes and sizes, but they all have at least one thing in common: the love they share for each other. Let’s take this opportunity to treat all our neighbors a little bit more like family.
In Michigan alone, over 40,000 chil- dren currently live with a grandpar- ent, relative, or close family friend that has stepped in as a kinship caregiver to provide support when their loved ones needed it most.
• Mr. Don's Restaurant, 9-11am 341 N. 20th St., Battle Creek
• Stirling Books & Brew, 1-3pm 119 N. Superior St., Albion
Please email me at JimHaadsma@ house.mi.gov, or phone me at (517) 373- 0555, with any questions you may have.
STATE HOUSE
State Rep. Jim Haadsma, District 62
FAMILY CAREGIVERS
Ask The
If you have thoughts on how Michigan can better support our family caregivers, I hope that you will reach out to me. Please plan to see me at
my monthly coffee hours on the first Saturday of each month and tell me what's on your mind.
      BENEFICIARY
QUESTION: My husband recently passed away. When I contacted the bank to get the money out of his bank accounts, they said he had his son named as beneficiary on his accounts. He hasn’t spoken to his son in years; they had a falling out. He must have done this a long time ago and forgot he did it. Is there anything I can do?
Note to the readers: Whoever is on your bank account as a joint owner or beneficiary is going to get the money when you die. So if your Will says you want your money to go equally to your children but you only have one child on the account, guess who is going to get the money? The ONE child.
Make sure you review your bank accounts, life insurance, IRAs, 401(k)s, etc., to make sure who you have listed as the beneficiary is who you want to get it.
ATTORNEY
Michael Walling, Special to Senior Times
  Enjoy the advantages of Assited Living
                                                                                                                   14420 Helmer Road South Battle Creek, MI 49015
14661 Helmer Road South 14316 Helmer Road South Battle Creek, MI 49015 Battle Creek, MI 49015
Ganton Senior Communities are committed to providing an atmosphere that gives people the opportunity to thrive. For admission and tour information call (269) 870-5537.
 www.gantonseniorcommunities.com
 ANSWER: Yes there is. Naming a person as a beneficiary of an account creates a “presumption” as to who is
to receive the money upon death of the creator of the account. The presumption is enforceable unless you can show that the creator’s intent changed since he or she named that beneficiary. However,
Review and update documents so family don’t have to end up in court try- ing to get what you wanted them to have in the first place.
 it is not as easy as it sounds. You must normally open a Probate estate and file a complaint to try to change the pre- sumption. You must prove to the court by “clear and convincing” evidence that your husband did not want his son to get the money when he died.
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 send any questions you would like addressed to: The
I would advise you to contact an attorney who handles probate matters right away to represent you in court. If you can get the judge to agree, you may be able to stop the bank from releasing the money to the son. If not, then you will have to try to get the money back from the son.
Elder Law Center, 4625 Beckley Road, Building 400, Suite 4003, Battle Creek, Michigan, 49015. You may also call (269) 968-1101 to set up a free initial consultation. This column is intended for general information purposes only and should not be considered as legal advice to any particular person.
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