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Senior Times - May 2026 Page 23Call for a free initial consultation*.*Except Asset Protection Planning(269) 968-1101Offices in Battle Creek & Kalamazoowww.wallinglawoffice.comHelping seniors for over two decades.MICHAEL B. WALLING, PLCMICHAEL B. WALLINGElder Law Attorney Author of \Wills%u2022 Trusts%u2022 Powers of AttorneyLady Bird Deeds%u2022 Nursing Home PlanningDon't Lose Everything YouHave To the Nursing HomeI 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!and give him or her the authority to access the bank accounts and sell or transfer the home. However, if those assets have been transferred into the trust, or go into the trust by beneficiary/transfer on death, then the trustee of the trust already has the legal authority to access the accounts and sell or transfer the home; without any Court involvement. The key is to fully %u201cfund%u201d the trust. That means to put all your assets into your trust, or name the trust as beneficiary/transfer on death. Then there is no need to go through Probate Court. Remember to change the beneficiary of life insurance policies to the trust as well. Usually with a spouse, you would have your spouse as primary beneficiary and the trust as contingent beneficiary. I would suggest that you see an attorney who specializes in estate planning. He or she can assess your situation and your goals and come up with a good funding plan for you.Michael B. Walling is an Elder Law attorney with an advanced 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: Walling Law Office, 4625 Beckley Road, Bldg 400, Battle Creek, MI, 49015. This column is intended for general information purposes only and should not be considered as legal advice to any particular person.TRUST FUNDINGQUESTION: My mother and father had a trust. When they died, there were still things that had to go to probate. I thought that having a trust avoided probate? My husband and I have a trust too. What should we be doing to make sure nothing goes to probate? ANSWER: It is more common than you would think that things have to go through probate when people have a trust. This is frustrating because most people get a trust in order to avoid probate to begin with. A lot of trusts that were done in the 1990s and 2000s end up with assets going through probate. There is nothing wrong with those trusts, but many people did not know how to fund them or just did not fund them. The key to having a trust avoid probate is to properly fund the trust. What does that mean? Let me explain: A trust is separate from you. In order for assets to pass through the trust, they must get transferred into the trust. For instance, your bank account is in your name and your home is in your name. This means that you are the owner of those assets. When you and your husband both die, no one has the legal authority to access your accounts, and no one has the legal authority to sell or transfer your home. That means that those assets have to go to Probate Court so that the Court can appoint someone (a Personal Representative) Michael Walling, Special to Senior TimesATTORNEY Ask the15 Capital Ave. NE Suite 104 Battle Creek, MI 49017Securities & Advisory Services offered through Harbour Investments, Inc. Member SIPCNEED HELP WITH YOUR RETIREMENT?Feeling uneasy about the market? You%u2019re not alone%u2014and retirement was never meant to be stressful.This season of life should be about confidence, comfort, and enjoying what you%u2019ve worked so hardto build. We help retirees and those nearing retirement create a thoughtful plan that smooths outmarket ups and downs and delivers dependable income you can count on. Take thenext step toward a more secure, worry-free retirement%u2014call us today fora complimentary retirement review and see how peace of mind can fitinto your future. Give us a call at 269-441-1444Connor Bauserman, ChFC%u00ae& Danford ByrensFinancial Advisor%u2019sSecurities & Advisory Services offered through Harbour Investments, Inc. Member SIPC703 Capital Ave., SW, Battle Creek %u2022 www.henryfuneralhome.org %u2022 269-962-5191Pre-Planning... The Best GiftYou Can Give Your FamilyJOSEPH U. STASA JOSEPH U. STASA II THOMAS C. COLEMAN PAULA S. COLEMAN DENNY P. SEIVERTThe Legal Services of South Central Michigan-Battle Creek office will conduct interviews for legal advice and possible representation, without charge, on the following dates and times for interested Older Americans. OVER THE TELEPHONE: For St. Joseph County and Barry County. If you wish to speak with an attorney, please call (269) 224-5040, Wednesday, May 20 from 9am-12pm. IN PERSON OUTREACH:%u2022 Tue, May 12, 9-11:45am, Burnside Senior Center, 65 Grahl, Coldwater%u2022 Fri, May 15, 9am-12pm, Office of Legal Services of South Central, Michigan, 123 West Territorial Road, Battle Creek.%u2022 Wed, May 6, 10-11am, Forks Senior Center, 101 N Albion St, AlbionLegal Services of South Central Michigan-Battle Creek office is a non-profit organization, which provides high quality legal assistance, representation, and education to low income people in Calhoun and Branch counties and seniors in St. Joseph, Branch, Calhoun, and Barry counties. The Agency seeks, through its board, staff, volunteers, and pro bono attorneys, to ensure that its clients are given equal access to the justice system.Legal Advice for Older AmericansBy: Anna Moss, Managing Attorney