Page 12 - Senior Times South Central Michigan July 2020 - 27-07
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Page 12
Senior Times - July 2020
Ask the
Wills • Trusts • Powers of Attorney
Lady Bird Deeds • Nursing Home Planning
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!
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 & Portage
Helping Seniors preserve their lives for more than a decade.
    The defendant (landscaper) has the right to remove the case from Small
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 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 ini- tial consultation. This column is intend- ed for general information purposes only and should not be considered as legal advice to any particular person.
Michael Walling, Special to Senior Times
QUESTION: I hired a landscaper to put in some new trees. The trees died within three months. I contacted him and he said he would replace them. That was over a year ago and he has never come out and now he stopped returning my calls. I think he thinks he can take advantage of me because I’m a senior. Now I want my money back. I paid him over $4,000! What can I do?
ANSWER: Sorry to hear that hap- pened. You can sue him in Small Claims Court. In Small Claims Court, the cost to sue him is less than $100. The most you can recover in damages is $6,000. This will work for you since you are trying to get back less than that amount. You can only sue for money damages in Small Claims Court; mean- ing you cannot try to have the Court make him replace the trees. Neither party (you or the landscaper) can have an attorney. You cannot have a jury trial and you cannot appeal the decision. This is why they have a Small Claims Court; so people can sue on their own without it costing thousands of dollars in attorney fees and court costs.
Claims Court to the District Court so
he can have an attorney and a jury
trial if he chooses. However, this is
not common as the cost of the attorney may exceed what the defendant is being sued for (Attorneys!).
 A word of advice: The judge does not know you or him from anyone. Meaning the judge does not know who is telling the truth, who is not, or who has the facts mixed up. So bring in anything that will prove what you are saying. For instance: pictures, receipts, guarantees (in ads), letters, telephone log, etc. I would advise you to contact the District Court for the County you live in and ask about Small Claims Court.
 Updates On Your
Vonda VanTil, Special to Senior Times
at least 12 months or result in death. • Have not been denied disability bene-
for all your electrical, heating & cooling needs
For nearly 85 years, our programs have helped provide financial indepen- dence. We continue to make it easier for you to access our programs and bene- fits. You can go online to apply for:
Extra Help with Medicare Prescription Drug Costs – Some people need assistance with the cost of medications. Apply for Extra Help at
fits in the last 60 days.
  Retirement or Spouse's Benefits – You must be at least 61 years and nine months in age and want your benefits to start in no more than four months. Apply at
Medicare – Medicare is federal health insurance for people 65 or older, some younger people with disabilities, and people with end-stage renal dis- ease. If you are not already receiving benefits, you should apply within three months of turning age 65 at
 Disability – Apply for disability at You can use the online application to apply for disability benefits if you:
Supplemental Security Income (SSI) – SSI is designed to help aged, blind, and people with disabilities who have little or no income. You may be able to apply online if you meet certain requirements.
• Are age 18 or older.
• Are not currently receiving benefits
 on your own Social Security record.
• Are unable to work because of a med- ical condition that is expected to last
                      Bringing New Life to Senior Living
                            “I am proud to provide the residents of Brookdale
with quality, nutritious meals, that enrich and help them maintain healthy lives. Witnessing their satisfaction
and enjoyment is why I wouldn’t want to do anything else.” Sherry Connell , Dining Service Director
Our Services
Assisted Living | Specialized Memory Care Respite | On-Site Physical & Occupational Therapy
Brookdale Battle Creek
Assisted Living Alzheimer’s & Dementia Care 191 Lois Drive, Battle Creek, MI 49015-7933 Main 269-979-7781 | Fax 269-979-1514
BROOKDALE® is a trademark of
Brookdale Senior Living Inc., Nashville, TN, USA.
                                   We install Eaton/Generac Generators
 We are
an authorized Generac Sales & Service Dealer
   269-963-7910 • 466 Main St. Battle Creek, MI • License # Electrical – 6112007 • License # Mechanical – 7103902

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