Latest / Money to Give / Ep. 50 Part 3: The Power Of Balloon CLATs In Charitable Estate Planning with Randy Fox
Transcript
- 0:04Speaker 1: What if the key to transforming a family's wealth and
- 0:07Speaker 1: their legacy was hidden in a little known financial strategy
- 0:11Speaker 1: that most advisors never talk about. Welcome to Money to
- 0:14Speaker 1: Give with me Rick Peck, the philanthropy guy with over
- 0:18Speaker 1: twenty years in the nonprofit sector. I have seen hundreds
- 0:21Speaker 1: of millions of dollars transferred from donors to nonprofits. I
- 0:25Speaker 1: have learned a lot along the way that I want
- 0:27Speaker 1: to help convey to you, my loyal listeners. In this
- 0:30Speaker 1: podcast series, we talk about one how nonprofits can most
- 0:33Speaker 1: effectively showcase their mission and vision and raise as much
- 0:37Speaker 1: money as possible. Two how donors and potential donors can
- 0:41Speaker 1: make the greatest impact possible in the world, and three
- 0:44Speaker 1: how professional advisors, including philanthropic advisors, can offer the most
- 0:49Speaker 1: up to date information and services to their clients. So
- 0:52Speaker 1: join us here each episode from more of that giving feeling.
- 0:55Speaker 1: In today's episode, I'm joined once again by Randy Fox,
- 0:59Speaker 1: founder of two Hawks Family Office Services and one of
- 1:02Speaker 1: the most trusted voices in charitable estate planning. Today, Randy
- 1:07Speaker 1: and I dive into a complex but incredibly powerful tool
- 1:11Speaker 1: called the balloon Clat Charitable Lead Annuity Trust, also known
- 1:16Speaker 1: as the sharp fin clat. If you've ever heard of
- 1:19Speaker 1: a charitable lead trust but weren't quite sure how it
- 1:22Speaker 1: could maximize both generosity and family wealth, this episode will
- 1:26Speaker 1: bring clarity. Randy explains how balloon clats allowed donors to
- 1:30Speaker 1: create lasting charitable income while still preserving assets for future generations,
- 1:36Speaker 1: and why this underutilized strategy deserves a closer look. Let's begin, So, Randy,
- 1:47Speaker 1: what is a clat?
- 1:48Speaker 2: What a way to jump in?
- 1:50Speaker 1: So?
- 1:51Speaker 3: A clat is a special kind of charitable trust. It
- 1:54Speaker 3: is in the split interest trust world we know, for instance,
- 1:59Speaker 3: the charitable mainer trusts or trust where the donor receives
- 2:03Speaker 3: an income or an income beneficiary receives an income, and
- 2:05Speaker 3: then charity gets the balance. Clats are often referred to
- 2:09Speaker 3: as sort of the reverse of a charitable remainder trust,
- 2:13Speaker 3: whereby the charity gets income for a period of time
- 2:16Speaker 3: and then the bulk of the assets or whatever is
- 2:19Speaker 3: left goes somewhere else, either back to the family in
- 2:22Speaker 3: one dashion or another. Okay, Now, clats, unlike charitable remainder trusts,
- 2:28Speaker 3: are not tax exempt trusts. They don't shelter us from
- 2:31Speaker 3: long term capital gains income, so they you know, they're
- 2:35Speaker 3: the same, but they're different, right, and we have to
- 2:37Speaker 3: acknowledge those differences. Now, once Rick we understand that a
- 2:42Speaker 3: clap goes backwards from a charita remainder trust, we also
- 2:45Speaker 3: have to acknowledge that there are different kinds of clap.
- 2:48Speaker 3: The one that most people are familiar with. I think
- 2:51Speaker 3: you've already done a show on with Brad Garnto called
- 2:54Speaker 3: the grant or clap. He calls them I clats. Yes,
- 2:57Speaker 3: it's his own particular moniker, but a grant or clad
- 3:02Speaker 3: is sort of the vanilla clap. We put usually cash
- 3:06Speaker 3: into a trust. The trust runs for either a period
- 3:10Speaker 3: of years or the life of the donor. At the
- 3:13Speaker 3: end of the period of years, the money, whatever's left
- 3:17Speaker 3: in the clat comes back to that donor. Very simple structure.
- 3:22Speaker 3: Pays money to charity, normally a fixed payment that goes
- 3:26Speaker 3: out over a period of years or a slightly increasing
- 3:29Speaker 3: payment that goes out to charity over a period of years,
- 3:31Speaker 3: and that charity can be a donor advice fund or
- 3:34Speaker 3: any public charity. And then at the end of the day,
- 3:37Speaker 3: you know, we get our money back.
- 3:39Speaker 1: Yeah, that's great. Thank you for making it so simple.
- 3:41Speaker 1: That's what I love about talking with you, Randy. You
- 3:43Speaker 1: just bring it right down to the elements of it.
- 3:46Speaker 2: Now.
- 3:47Speaker 3: The other kind of clad, which is the one we're
- 3:49Speaker 3: here to talk about, is something called the balloon clap
- 3:52Speaker 3: or the sharkfin clap, and by nature it's a little
- 3:55Speaker 3: bit more complex. And the goal of this clap is
- 3:59Speaker 3: to transfer for money to somebody other than back to myself,
- 4:04Speaker 3: so either down to my children or to my spouse.
- 4:07Speaker 3: And sharkfin or balloon indicates that there's something a little
- 4:11Speaker 3: different about this. So what we do with this clat
- 4:14Speaker 3: in its structure is that we set up a very
- 4:17Speaker 3: low payment for the first number of years and essentially
- 4:22Speaker 3: backload the clat so that the last payment is a
- 4:28Speaker 3: big payment. The irs is essentially said, as long as
- 4:33Speaker 3: the charity gets what it was supposed to get actuarily,
- 4:37Speaker 3: the nature and structure of how they receive those payments
- 4:40Speaker 3: doesn't really matter. So in so many words, we can
- 4:44Speaker 3: shove all the benefit to charity to the very back
- 4:47Speaker 3: end and let this clat grow, let the assets and
- 4:50Speaker 3: the clat grow for a very long period of time,
- 4:54Speaker 3: often our lifetimes, I see, and then whatever's left at
- 4:58Speaker 3: the end it gets divided between charity and a trust
- 5:02Speaker 3: for my kids, or a trust for my wife, or
- 5:03Speaker 3: a trust for my wife and kids or spouser significant.
- 5:07Speaker 1: Mount so versus a steady payout. As you're saying, there's
- 5:10Speaker 1: an advantage to pushing it back, and pushing it back,
- 5:13Speaker 1: the steady payout probably has its advantages. But the balloon
- 5:16Speaker 1: clat is the idea of or a shark fin. It's
- 5:19Speaker 1: just that you're pushing it later and later.
- 5:21Speaker 3: Yeah, the balloon cloud allows us to either buy investment
- 5:25Speaker 3: returns to let that principle grow over the payout rate,
- 5:29Speaker 3: so we have the economy of time or And the
- 5:33Speaker 3: way we structure many of the balloon or shark fin
- 5:35Speaker 3: clats is we fund them with a life insurance policy,
- 5:39Speaker 3: and that life insurance policy pays at the death of
- 5:42Speaker 3: the grant or or the grant ors, and then that
- 5:45Speaker 3: money gets divided up to charity. So we can make
- 5:48Speaker 3: a minuscule payment to charity during our lives and then
- 5:52Speaker 3: we have the big payday at our death. So how
- 5:55Speaker 3: does that work exactly? The life insurance is inside of
- 5:58Speaker 3: the trust. In life insurance is owned by the trust. Yes,
- 6:01Speaker 3: and a number of years ago there was a ruling
- 6:05Speaker 3: that came out called one seventy f ten, and it
- 6:08Speaker 3: was in reaction to what was then called the Charitable
- 6:11Speaker 3: split dollar rules, and the Charitable split dollar rules essentially
- 6:15Speaker 3: said a charitable organization is prohibited from making a premium
- 6:19Speaker 3: payment on the life or lives of any donor or
- 6:22Speaker 3: any member of a donor's family. That's because there were
- 6:24Speaker 3: some abuses going on. So they kind of throw out
- 6:28Speaker 3: the baby with the bathwater from a belt and suspenders. Standpoint,
- 6:32Speaker 3: what we prefer to do, even though I don't think
- 6:35Speaker 3: under any stretch of the imagination you would call a
- 6:38Speaker 3: charitable lead trust a charitable organization, because I don't think
- 6:42Speaker 3: it is one. But just to be safe, we have
- 6:45Speaker 3: the grant tours purchased the insurance. First make a payment,
- 6:51Speaker 3: usually a single payment. So we have an event that
- 6:54Speaker 3: drives this, and we'll get to that in a second.
- 6:56Speaker 3: I suppose they make a single payment and then they
- 7:00Speaker 3: hands for ownership of the policy to the CLAT and
- 7:04Speaker 3: now that the trust owns the policy, okay, right, And
- 7:08Speaker 3: that's kind of the mechanical aspect of doing this.
- 7:13Speaker 2: Interesting.
- 7:14Speaker 1: So now there's also the piece here which I guess
- 7:17Speaker 1: we can go off on a side note, that the
- 7:19Speaker 1: person has to be insurable, there has to be somebody
- 7:21Speaker 1: who can get insurance or this doesn't quite work the
- 7:24Speaker 1: way you're describing right.
- 7:25Speaker 3: Correct, And that is one of the going in questions.
- 7:29Speaker 3: You know, often we're faced with husband, wife, married couple.
- 7:34Speaker 3: Do we do the policy on him, do we do
- 7:36Speaker 3: it on her? Do we do it jointly? And again,
- 7:39Speaker 3: all of those things need to be assessed in the
- 7:41Speaker 3: scope of what you're trying to do and what your
- 7:45Speaker 3: end goal is in the planning process. I will tell
- 7:49Speaker 3: you that if you have poor health in one spouse
- 7:52Speaker 3: and good health and the other, it still might make
- 7:56Speaker 3: sense to look at insuring both lives at the same
- 7:58Speaker 3: time joint policy. So again that's just the responsibility of
- 8:03Speaker 3: the planner doing the work to see where you get
- 8:07Speaker 3: the best results.
- 8:08Speaker 1: Right, And how much money are we talking about? Usually
- 8:10Speaker 1: when you're talking about the amount of money in these
- 8:12Speaker 1: clats and how it's benefiting.
- 8:14Speaker 2: So let's back up to why would you do this? Right? Okay,
- 8:18Speaker 2: So the thing about.
- 8:19Speaker 3: A balloon clap, the general parameters is someone's had a
- 8:24Speaker 3: large income event. They've either had a business sale, liquidated
- 8:29Speaker 3: a bunch of you know, stock, got to pay out
- 8:32Speaker 3: from a qualified plan or a different complan. So they
- 8:35Speaker 3: have big income and they're looking for a large charitable
- 8:39Speaker 3: income tax deduction to offset some of the pain of
- 8:43Speaker 3: the income tax. The way we structure balloon class you
- 8:47Speaker 3: don't have to do it this way, but I've never
- 8:50Speaker 3: seen one that was done otherwise is that we want
- 8:52Speaker 3: to produce a one hundred charitable income tax deduction. So
- 8:56Speaker 3: if we put a dollar in, we get a dollar
- 8:58Speaker 3: charitable income tax deduction. Give this a subject to the
- 9:01Speaker 3: limitations of you know, thirty percent of adjusted grows income.
- 9:05Speaker 3: But still in all that's depending on the state you
- 9:08Speaker 3: live in. If you're in California, you still might be
- 9:11Speaker 3: deducting at fifty percent. So normally, just because of the
- 9:16Speaker 3: cost of the structure and all of those other things,
- 9:19Speaker 3: I haven't seen one done from much less than a
- 9:22Speaker 3: single one hundred thousand dollars deposit. I will tell you
- 9:26Speaker 3: that currently we're working with a couple that had this
- 9:28Speaker 3: very nice income realization this year and failed to estimate
- 9:33Speaker 3: that they were going to owe taxes on the several
- 9:36Speaker 3: million dollars they received. So we're doing currently a two
- 9:40Speaker 3: million dollar deposit that will save them seven or eight
- 9:43Speaker 3: hundred thousand dollars of income tax currently, So you know,
- 9:46Speaker 3: that's sort of the range. Rick I would say, okay,
- 9:50Speaker 3: and again it depends on the appetite for how long,
- 9:53Speaker 3: you know, can we afford to tie up this money
- 9:55Speaker 3: for the rest of our lives? Essentially, right now, if
- 9:59Speaker 3: you take fifty year old couple, just to give you
- 10:01Speaker 3: an example of what this result might be, this fifty
- 10:06Speaker 3: year old couple with two million dollars will purchase a
- 10:10Speaker 3: survivorship life policy of twenty six million dollars. Now we
- 10:14Speaker 3: have to go and to actually calculate how much charity
- 10:17Speaker 3: will get and how much the family will get at
- 10:19Speaker 3: any given point of death. And you know, with the
- 10:22Speaker 3: current seventy five twenty rates as high as they are,
- 10:25Speaker 3: you know, the split is a little bit more in
- 10:28Speaker 3: favor of the charity than the family. But still they're
- 10:31Speaker 3: able to transfer twelve to thirteen million dollars down to
- 10:36Speaker 3: their children. Now, remember, if we have a one hundred
- 10:39Speaker 3: percent charitable income tax deduction, what's the value of the
- 10:42Speaker 3: gift to our family.
- 10:44Speaker 1: If it's one hundred percent one hundred percent, right.
- 10:47Speaker 3: We have a zero estate tax, yeah, right, so we're
- 10:51Speaker 3: able to transfer thirteen million dollars and use none of
- 10:55Speaker 3: our exemption and get an income tax deduction for doing this.
- 10:59Speaker 2: So that's a pretty good deal.
- 11:01Speaker 1: I think, yeah, very good deal. And then relative to
- 11:05Speaker 1: you know something we haven't really talked about when you
- 11:07Speaker 1: talked about eighty four to one hundred and twenty trillion
- 11:09Speaker 1: dollars being transferred from one generation to another, this is
- 11:14Speaker 1: a technique that sounds like it would fit squarely in
- 11:17Speaker 1: that wealth transfer category.
- 11:19Speaker 3: This is I have a couple of colleagues that call
- 11:21Speaker 3: this a pre inheritance trust. I mean, if you think
- 11:24Speaker 3: about it, if you are doing a state plan, you
- 11:27Speaker 3: and you have this kind of event that comes along
- 11:30Speaker 3: and you say, well, you know, with this alone, I've
- 11:33Speaker 3: now kind of not guaranteed, but I've assured that my
- 11:37Speaker 3: children are to get twelve or thirteen million dollars when
- 11:40Speaker 3: I die. I can spend a lot of money while
- 11:42Speaker 3: I'm alive and not feel too bad.
- 11:44Speaker 1: Right, No, that's exactly right. It's the balancing act of
- 11:48Speaker 1: how much are we giving to the government, how much
- 11:50Speaker 1: are we giving to our family, and how much are
- 11:52Speaker 1: we giving for charitable purposes?
- 11:53Speaker 2: Right.
- 11:54Speaker 3: I don't know how many business owners you've talked to
- 11:57Speaker 3: in your life. But I've talked to hundreds of thousands.
- 12:01Speaker 3: I have never met one who said I'm not paying
- 12:03Speaker 3: enough in tax?
- 12:04Speaker 2: Yeah, can I? Can I please pay more? Yeah?
- 12:07Speaker 3: The fact of the matter is though they don't do
- 12:09Speaker 3: the fundamental planning to eliminate the tax. So again, we
- 12:13Speaker 3: often step in. You know, we get those calls, guess
- 12:17Speaker 3: what I just did. My business just sold and I
- 12:19Speaker 3: got fifteen million dollars or five million dollars or two
- 12:23Speaker 3: million dollars sitting in the bank that I wasn't prepared
- 12:26Speaker 3: for or hadn't thought about. Oh, by the way, you know,
- 12:29Speaker 3: I owe a bunch of tax.
- 12:30Speaker 2: What can I do now? Right?
- 12:32Speaker 3: We'd much prefer to see those people before the sale,
- 12:35Speaker 3: but if we get them after the sale, this is
- 12:37Speaker 3: one of those amnus.
- 12:38Speaker 2: Yeah, that's good.
- 12:39Speaker 1: That's a very important point because that is something that's
- 12:42Speaker 1: talked about. Is there's discussions long before the sale, there's
- 12:45Speaker 1: discussions just before the sale, and then there's discussions just
- 12:48Speaker 1: after the sale.
- 12:49Speaker 3: We we get parachuted in fairly often when there's a
- 12:53Speaker 3: letter of intent. Now, whether that letter of intent is
- 12:56Speaker 3: binding or not binding, whether the you know what they're
- 12:58Speaker 3: selling and how they're selling. It all plays into the
- 13:01Speaker 3: equation of what tools are available to us.
- 13:04Speaker 2: You know, we're talking to somebody.
- 13:06Speaker 3: Right now where I can only see post sale tax
- 13:09Speaker 3: mitigation as opposed to pre sale tax avoidance.
- 13:13Speaker 2: Happens that way. Sometimes we don't always have control.
- 13:16Speaker 1: No, that's right, and you're bringing up an important point
- 13:18Speaker 1: about timing. But you're able to work with what you
- 13:22Speaker 1: can work with when people present you with what they're
- 13:24Speaker 1: presenting you, and you say, here are the solutions at hand.
- 13:27Speaker 3: Accordingly, if the closer you get to the sale, the
- 13:30Speaker 3: less you know, the less optionality you have in terms
- 13:32Speaker 3: of what tools you can deploy. So you know, we
- 13:36Speaker 3: we have to play the handword del as planner.
- 13:39Speaker 2: That's right.
- 13:40Speaker 3: The other thing we haven't discussed at all is how
- 13:43Speaker 3: do we fund charity If all of our money is
- 13:46Speaker 3: tied up in this life insurance policy, what do we
- 13:48Speaker 3: do well, So, if we have somebody with two million dollars,
- 13:51Speaker 3: we will probably carve off fifty thousand of that two
- 13:55Speaker 3: million dollars and buy a municipal bond or something like that,
- 14:01Speaker 3: and we'll make a couple thousand dollars year payment to
- 14:04Speaker 3: donor advise fund or whatever charity is they want. They
- 14:07Speaker 3: can spread around however they like, so for the rest
- 14:10Speaker 3: of their lives that money will go to charity.
- 14:12Speaker 2: And only when.
- 14:13Speaker 3: The last of them passes away will the you know,
- 14:16Speaker 3: the payday come for their the big charity.
- 14:18Speaker 2: What go? Yes? Right? Wow?
- 14:21Speaker 1: Well just around structuring. Is there anything else you can
- 14:24Speaker 1: think about or anything that we haven't talked about as
- 14:27Speaker 1: far as the structuring of this balloon clad or shark
- 14:30Speaker 1: fin class.
- 14:30Speaker 3: I would say, you know that you can't go to
- 14:32Speaker 3: your corner lawyer and say draft me a balloon clad
- 14:35Speaker 3: and there's an order that this has to take place
- 14:38Speaker 3: in and there's you know, specific language and all those
- 14:42Speaker 3: things that require expertise, you know, my marching orders or
- 14:47Speaker 3: don't try this at home. You know, you can't just
- 14:50Speaker 3: leave this the chance. It's a complex transaction. It's going
- 14:54Speaker 3: to require ongoing administrative functions because you have to make
- 14:59Speaker 3: sure that payment gets made to charity.
- 15:01Speaker 2: You're going to have to.
- 15:02Speaker 3: Have an appraisal because you made a larger gift to charity.
- 15:07Speaker 3: So all of the formalities need to be followed on
- 15:10Speaker 3: a regular basis. Otherwise you run a fall of our
- 15:14Speaker 3: friends in Washington.
- 15:15Speaker 1: Yeah, and who makes by the way, who would do
- 15:17Speaker 1: those appraisals? How do people find out?
- 15:20Speaker 3: Well, there are people that value life insurance policies. There's
- 15:24Speaker 3: you know, that industry is fairly transparent, and there are
- 15:28Speaker 3: some rules regarding the valuation of life insurance within the
- 15:31Speaker 3: first ninety days of purchase.
- 15:32Speaker 2: It's essentially how much premium.
- 15:33Speaker 3: Did you put in so we can get that valuation.
- 15:36Speaker 3: The point is you need the valuation and you need
- 15:39Speaker 3: the Form eighty two eighty three for the non cash gift.
- 15:43Speaker 1: Right that contribution. Yeah, that's very good. So I appreciate
- 15:47Speaker 1: all that. So we were kind of dancing around a
- 15:50Speaker 1: little bit, but who is this good for? What families
- 15:53Speaker 1: or what individuals would be custom fit for a balloon clat.
- 15:57Speaker 3: So I would I would say younger is better than
- 15:59Speaker 3: a just because two million dollars at fifty years old
- 16:03Speaker 3: is going to buy a lot bigger second to die
- 16:05Speaker 3: policy than two million dollars and seventy years old. So
- 16:09Speaker 3: there's there's more money to divide up because you've got
- 16:12Speaker 3: that you know your life expectancies further out. But it's
- 16:15Speaker 3: also someone who's had a major liquidity event or a
- 16:19Speaker 3: major income event, and someone who has already decided that
- 16:23Speaker 3: they don't need all this money. You know, often when
- 16:26Speaker 3: we have that liquidity event, you've got the it's already spent.
- 16:32Speaker 3: We've I've already promised that we're going to build the
- 16:35Speaker 3: cabin on the lake, or take the world cruise, or
- 16:37Speaker 3: we're going to do all the things I always said
- 16:38Speaker 3: we were going to do. It's still a function of planning, Wrick.
- 16:41Speaker 3: Everything always comes down to, you know, what can the
- 16:44Speaker 3: client tolerate? What's the right amount? And then let's weigh
- 16:48Speaker 3: this against how much of a charitable income tax deduction
- 16:51Speaker 3: can we actually use In light of this, the reason
- 16:54Speaker 3: we did two million dollars for the clients that we
- 16:57Speaker 3: did is because they had a seven million dollar income event, right,
- 17:02Speaker 3: so they could use two million, one hundred thousand dollars.
- 17:05Speaker 3: That's pretty simple. You know, how are you willing to
- 17:07Speaker 3: go this high? You can always back down, you don't
- 17:09Speaker 3: have to do that much. But if you're looking for what,
- 17:13Speaker 3: you know, we have to see what maximizes the result
- 17:17Speaker 3: right in every aspect.
- 17:18Speaker 1: And are you running this through a certain type of
- 17:21Speaker 1: software illustration to show people how this all works or
- 17:24Speaker 1: how does that?
- 17:25Speaker 3: Yes, okay, we always illustrate everything we're you know, lifetime
- 17:28Speaker 3: number crunches. We have to make sure number one that
- 17:31Speaker 3: our math is right because the you know, at the
- 17:34Speaker 3: end of the day, charity is going to get what
- 17:35Speaker 3: charity is going to get no matter what. So what's
- 17:38Speaker 3: left for the family is in that's left. Charity has
- 17:41Speaker 3: the priority distribution. In this case, we got to make
- 17:44Speaker 3: sure their money is always there, so we That means
- 17:47Speaker 3: the math better be pretty good.
- 17:48Speaker 1: Yeah, no, that's right. Big decisions are being made on this.
- 17:52Speaker 1: And just to clarify too, just back to tax deductions.
- 17:55Speaker 1: There's there's the idea of moving a clat outside of
- 17:58Speaker 1: the estate, and then there's the charitable income tax deduction,
- 18:02Speaker 1: and those are just to be clear for the audience,
- 18:04Speaker 1: those are two different decisions people are making, yet.
- 18:07Speaker 3: Two different things. When we achieve a one charitable income
- 18:11Speaker 3: tax deduction, its second benefit is a zero inclusion for
- 18:16Speaker 3: gift tax purposes. Right if I give that to somebody
- 18:18Speaker 3: else like a trust, if I name a trust for
- 18:20Speaker 3: my kids or a trust for my spouse, that automatically
- 18:23Speaker 3: says there's no gift.
- 18:24Speaker 1: Here, right exactly. Well, thank you, So, last question for you. You
- 18:28Speaker 1: mentioned about don't run a foul of what the IRS
- 18:31Speaker 1: wants to do, But are there any particular regulations that
- 18:34Speaker 1: we want to be concerned about as we think about this.
- 18:37Speaker 3: I won't promise anybody that the Service won't look at this.
- 18:41Speaker 3: They have been constantly vague about what's real and what
- 18:45Speaker 3: isn't and what they'll accept and what they won't. We
- 18:48Speaker 3: tend to follow, you know, what's been done ahead of us,
- 18:51Speaker 3: and there are some very very fine authorities who have
- 18:54Speaker 3: written extensively about what a sharkfinclad is and how it
- 18:57Speaker 3: should look and how it should be funded and should
- 19:00Speaker 3: be structured. But the IRIS has never really specifically said
- 19:05Speaker 3: this is okay. They just haven't said this isn't. So
- 19:09Speaker 3: you just can't do these things any old way. You've
- 19:11Speaker 3: got to be extremely cautious, and I would say, find
- 19:14Speaker 3: somebody who's done it before that you can feel confident
- 19:17Speaker 3: that they know what the heck they're talking about.
- 19:19Speaker 1: Yeah, and obviously you've done these before and that's why
- 19:22Speaker 1: we're talking right now. But it sounds like, in general,
- 19:25Speaker 1: it's not necessarily intuitive for people to go out and
- 19:28Speaker 1: find somebody who does this. You almost have to listen
- 19:31Speaker 1: to podcasts like this and know who the experts are.
- 19:34Speaker 3: Handful of people around that kind of feel comfortable in
- 19:36Speaker 3: this world, and that handful, I think is getting smaller,
- 19:40Speaker 3: not larger. Just for fun, Rick, I spent almost a
- 19:44Speaker 3: full business day trying to train chat GBT to write
- 19:49Speaker 3: me a bloon class spreadsheet. And I will tell you
- 19:52Speaker 3: that if I didn't know what I was looking for,
- 19:56Speaker 3: I would be presenting wrong information. It made mistakes for
- 19:59Speaker 3: about seven or e wow, which just goes to show
- 20:04Speaker 3: you know, we're just not there yet. Doesn't mean we
- 20:06Speaker 3: won't be at some point. But if you sat there,
- 20:08Speaker 3: or one of the listeners sat there and said, hey,
- 20:11Speaker 3: I just want a balloon class spreadsheet, right it for me,
- 20:14Speaker 3: and you didn't know life expectancy tables and what it's
- 20:17Speaker 3: supposed to look like at the end, you wouldn't know
- 20:19Speaker 3: if it.
- 20:20Speaker 2: Was right or wrong, and it's likely to be wrong.
- 20:23Speaker 2: It was so interesting.
- 20:24Speaker 1: I mean, I think it's also a good warning sign that,
- 20:27Speaker 1: as you said, at this.
- 20:28Speaker 3: Point, there's a lesson and then there were some places no.
- 20:31Speaker 1: Well, I think it's more like there are people who
- 20:33Speaker 1: are seasoned experts who have seen these things in real time,
- 20:36Speaker 1: and to go to the computer and ask AI to
- 20:38Speaker 1: do it right now, it seems premature, so we're a
- 20:42Speaker 1: little ahead of time. Yeah, and so back to maybe
- 20:46Speaker 1: related why don't you think these are more common as
- 20:50Speaker 1: far as And I say this because I know in
- 20:53Speaker 1: my experience with lead trusts in general, I felt like
- 20:58Speaker 1: they were probably some of the most underused tools. And
- 21:02Speaker 1: I have to believe it's because the practitioners don't really
- 21:06Speaker 1: understand them at the level that you're talking about, the
- 21:08Speaker 1: level that you understand them. I mean, would you say
- 21:10Speaker 1: that's a fair statement, yes.
- 21:13Speaker 3: I and you and I I think have discussed this before.
- 21:16Speaker 3: I think the common thread among the financial advising community
- 21:21Speaker 3: is that, you know, it's really hard to talk about
- 21:23Speaker 3: things that you're not really familiar with. And again, these
- 21:28Speaker 3: the tools of philanthropy are just not well known or
- 21:31Speaker 3: well understood. There's been a lot of training about charitable
- 21:34Speaker 3: remainder trust A lot of that took place twenty five
- 21:37Speaker 3: or thirty years ago, not a lot of training since then.
- 21:41Speaker 3: So people you know, have a fundamental knowledge of those,
- 21:44Speaker 3: but there's you know, where do you go to learn
- 21:46Speaker 3: about class, who's teaching it? And so until you kind
- 21:50Speaker 3: of understand what you can do with some of the
- 21:53Speaker 3: charitable tools, as you and I have talked about in
- 21:55Speaker 3: past podcasts. You know, you just kind of say, yeah,
- 21:58Speaker 3: you know, my clients aren't charitable, which is not.
- 22:00Speaker 1: True, by the way, but right, No, that's right. I
- 22:02Speaker 1: think there's it's a lot of layers to what you're saying. Right,
- 22:05Speaker 1: there's the do clients want to give money away or
- 22:08Speaker 1: give their time away or be charitable in some way?
- 22:11Speaker 1: And then if they are, then what are the issues
- 22:15Speaker 1: and the values and things that they care about. And
- 22:17Speaker 1: then we're getting into assets. What type of assets do
- 22:20Speaker 1: they want to donate? And then what type of vehicles
- 22:22Speaker 1: which is what we talked about today, What types of
- 22:24Speaker 1: vehicles do we people want to you know consider.
- 22:27Speaker 3: And again, unlike some of the other vehicles, clats are
- 22:30Speaker 3: basically it's cash, you know, that's what you can use.
- 22:34Speaker 3: And so it's a windfall kind of moment, you know,
- 22:37Speaker 3: So you have to be looking for hunting windfalls for
- 22:41Speaker 3: this to be really effective or or you know, big
- 22:44Speaker 3: income w two employees, so that marketplaces it has its
- 22:49Speaker 3: own kind of characteristics. And then you need the knowledgeable
- 22:52Speaker 3: advisor who can say, hey, listen, I can cure this problem. No,
- 22:55Speaker 3: it's easy to reach for an oil and gas deal,
- 22:58Speaker 3: or there's even charitable things out there that I've seen
- 23:01Speaker 3: that just scare the life out of me. There have
- 23:04Speaker 3: been some solar deals where you can just invest your
- 23:07Speaker 3: money and get a rite off. For most advisors, they
- 23:10Speaker 3: think that's sort of the easy way out and they
- 23:13Speaker 3: can earn a commission, and which isn't bad. I'm not
- 23:15Speaker 3: against commissions, but you've got to look at who can
- 23:18Speaker 3: be talking to clients about these things, and what are
- 23:20Speaker 3: their motivations, and then what's their level of knowledge about
- 23:24Speaker 3: all of the things that are available to them.
- 23:25Speaker 2: Yeah, so you know, there's this whole.
- 23:27Speaker 3: Cascade of events, Rick that just puts class maybe on
- 23:30Speaker 3: a more backburner than some of the other tools.
- 23:33Speaker 1: Yeah, which is obviously not fair because there's so much
- 23:35Speaker 1: potential here. And I just think of the leverage and
- 23:38Speaker 1: the impact that these class can make, right.
- 23:40Speaker 3: Incredible merit for the right family and the right circumstances,
- 23:44Speaker 3: you know, and it's not only this, but you know,
- 23:47Speaker 3: why not look at this and see what the benefits
- 23:50Speaker 3: of it are, and the benefits of this and the
- 23:52Speaker 3: benefits of that, and make a fair comparison and say, oh,
- 23:56Speaker 3: I like that one.
- 23:58Speaker 1: That's right, But I think back to the level of
- 24:00Speaker 1: sophistication experience. People have to be presented with things that
- 24:04Speaker 1: are viable options for them versus garbage in the extreme,
- 24:07Speaker 1: which is like, here's a clap but it's poorly illustrated
- 24:10Speaker 1: and it's not at all what you need and it's confusing.
- 24:13Speaker 1: In the worst case scenario, this is what you and
- 24:16Speaker 1: I are talking about, is something that's very much custom
- 24:18Speaker 1: fit to what the family is looking for.
- 24:20Speaker 3: Yeah, and maybe the bread Gornto I claud is a
- 24:23Speaker 3: better deal for the client, But how are they supposed
- 24:26Speaker 3: to know if you they don't even know it exists.
- 24:28Speaker 1: You know, Well, that's just it. I mean, I feel
- 24:30Speaker 1: like you're out there, Brad's out there. There are very
- 24:33Speaker 1: few people are out there. And I'm very fortunate to
- 24:35Speaker 1: be having you on the money to give podcasts to
- 24:38Speaker 1: be able to say these are true experts in their field.
- 24:41Speaker 1: They really know this stuff inside and out. Just spend
- 24:44Speaker 1: a little time with them, take a client situation, bring
- 24:46Speaker 1: it to them, walk through some scenarios and see if
- 24:50Speaker 1: it would truly benefit these charitably focused clients. And if so,
- 24:54Speaker 1: great it's going to be a terrific outcome.
- 24:58Speaker 3: And for those advisors who think their clients aren't durable.
- 25:01Speaker 3: The client's favorite charity right now is the government. You know,
- 25:05Speaker 3: if they're paying taxes and they have other options to
- 25:08Speaker 3: not pay taxes, then they've opted for government, and you're
- 25:12Speaker 3: just not pointing that out to them. Most clients don't
- 25:15Speaker 3: want to take money away from their kids, and we
- 25:17Speaker 3: totally understand that. But most clients would willingly take money
- 25:21Speaker 3: away from the federal or state government. So that's who
- 25:24Speaker 3: we're asking them to take money out of the pocket.
- 25:27Speaker 2: Of right exactly.
- 25:28Speaker 1: I mean, not that they're not getting enough of that,
- 25:30Speaker 1: who are just reducing it, But with the kids, like
- 25:32Speaker 1: you say, there's only so many people that are going
- 25:34Speaker 1: to give money to the kids, and usually it's probably
- 25:36Speaker 1: the parents or the grandparents. So yeah, Well, Randy as
- 25:41Speaker 1: always incredibly insightful. Thank you for your deep knowledge on
- 25:45Speaker 1: so many things and what you're doing out there every
- 25:47Speaker 1: day to try to create clarity. I wish there weren't
- 25:51Speaker 1: fewer people doing what you're doing. I wish there were
- 25:54Speaker 1: more people doing what you're doing. And who knows, maybe
- 25:56Speaker 1: as the result of listening to this type of podcast,
- 25:59Speaker 1: people are in fired to maybe lean in more a
- 26:01Speaker 1: little bit towards this, and maybe there'll be some people
- 26:04Speaker 1: who decide to make it their life's work is to
- 26:07Speaker 1: go out and really just flesh out what a CLAT
- 26:10Speaker 1: is and bring this more to their client population to
- 26:14Speaker 1: ensure that they are in fact doing the best they
- 26:16Speaker 1: can do. If they are charitably inclined, they're doing the
- 26:19Speaker 1: best they can do with their estate dollars.
- 26:21Speaker 2: I would support that fully.
- 26:22Speaker 1: I love there to be one hundred more of a
- 26:24Speaker 1: thousand more. Yeah, I hope so too, but I don't.
- 26:28Speaker 3: Part of the problem is when you bring it up
- 26:29Speaker 3: as clients have never heard of this before. How come
- 26:32Speaker 3: my lawyer didn't tell me? How come my CBA didn't
- 26:34Speaker 3: tell me? How come I advise because.
- 26:36Speaker 1: They don't know, right, they don't know, and they think
- 26:37Speaker 1: it's so obscure that no one's doing it, when in fact,
- 26:40Speaker 1: the reason no one's doing it is because not as
- 26:42Speaker 1: many people are talking about it. So I like things
- 26:45Speaker 1: that are in the code. Yeah, right, exactly right. We're
- 26:47Speaker 1: not doing anything here that's unusual or tricky. It's just
- 26:50Speaker 1: it's not as well known. And hopefully again discussions like
- 26:54Speaker 1: this help make it a little bit more palatable, understandable,
- 26:58Speaker 1: and people lean into it and actually create something like
- 27:00Speaker 1: this for themselves.
- 27:01Speaker 2: Why I love supporting the work you're doing.
- 27:03Speaker 1: Rick, Yeah, well, thank you all right, Randy. Well again,
- 27:06Speaker 1: how do people reach you if they're learning more about
- 27:09Speaker 1: clats and they need an expert and they need to
- 27:11Speaker 1: lean on somebody, how would they reach you?
- 27:13Speaker 3: Randy at Two Hawks fos FOS's Family Office Services. That's
- 27:19Speaker 3: the best place where you can go to the two
- 27:20Speaker 3: Hawks Family Office Services website and find us there, happy
- 27:24Speaker 3: to speak with anybody or find time to discuss a
- 27:27Speaker 3: case or just get you more educated.
- 27:30Speaker 1: That's terrific. Thank you, Randy, Thank you so much, and
- 27:34Speaker 1: you're always welcome to come back. If you have any
- 27:36Speaker 1: new ideas or things you also feel are obscure or
- 27:40Speaker 1: should be more well publicized, please come back and we'll
- 27:43Speaker 1: do another episode. Love to thanks all right, Thanks again, Randy.
- 27:48Speaker 2: Appreciate it.
- 27:48Speaker 1: Bye. That wraps up today's conversation with Randy Fox. His
- 27:57Speaker 1: deep experience reminds us that some of the most meaningful
- 28:01Speaker 1: acts of generosity are built not only on good intentions,
- 28:05Speaker 1: but on careful, creative planning. Here are three key takeaways
- 28:09Speaker 1: from our discussion. First, Clatt's charitable lead annuity trusts are
- 28:14Speaker 1: the mirror language of charitable remainder trusts, paying income to
- 28:18Speaker 1: charity first and then distributing what's left to family. Second,
- 28:23Speaker 1: the balloon or SHARKFINNCLAT allows for smaller charitable payments early
- 28:28Speaker 1: on and a larger one later, creating growth potential that
- 28:32Speaker 1: can significantly benefit both family and charity. And third, with
- 28:36Speaker 1: proper timing and expert guidance, a CLAT can turn a
- 28:39Speaker 1: single liquidity event like a business sale, into a lifetime
- 28:43Speaker 1: of impact and legacy thanks from listening to Money to Give.
- 28:48Speaker 1: If this conversation resonated with you, please leave a review
- 28:51Speaker 1: on your preferred streaming platform, share it with a friend
- 28:54Speaker 1: or colleague, and most importantly, keep that giving feeling going.
- 28:59Speaker 2: We are now brought.
- 29:00Speaker 1: Casting in twenty two countries and growing with nearly ten
- 29:03Speaker 1: thousand downloads to date. A reminder this podcast is meant
- 29:08Speaker 1: to be for educational purposes only. For specific advice related
- 29:11Speaker 1: to your own situation, please consult an attorney, financial advisor
- 29:16Speaker 1: CPA or other type of trusted consultant, And if you're
- 29:20Speaker 1: looking for fresh insights on how to give smarter, raise,
- 29:23Speaker 1: more money and advise your clients in more informed way,
- 29:27Speaker 1: please subscribe to my weekly newsletter, Charitable Giving News For you.
- 29:31Speaker 1: Register by going to my website, The Philanthropy Guide dot com.
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- 29:53Speaker 1: next time, let's keep making a difference together. Eight