Latest / The Legal Exchange / Why name your estate an IRA beneficiary?
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- 0:01Speaker 1: This is the Legal Exchange with Todd Lutsky from the
- 0:04Speaker 1: law firm of Cushing and Dolan and Susan Powers of
- 0:07Speaker 1: the Armstrong Advisory Group. Each week, Todd and Susan will
- 0:10Speaker 1: discuss many topics, including estate planning, how to avoid probate,
- 0:13Speaker 1: and protecting your money from a nursing home. If you
- 0:16Speaker 1: need assistance in any of these areas, or have a
- 0:18Speaker 1: question about another issue that may affect your future, call
- 0:21Speaker 1: eight six six eight four eight five six ninety nine
- 0:24Speaker 1: to make an appointment. That's eight sixty six eight four
- 0:27Speaker 1: eight five six ninety nine. Operators are standing by. Now
- 0:31Speaker 1: Here are your hosts, Tod Lutsky and Susan Powers.
- 0:37Speaker 2: Welcome into the Legal Exchange with Todd Lutsky. I'm Susan Powers,
- 0:41Speaker 2: of financial Advisor with the Armstrong Advisory Group, and I'm
- 0:44Speaker 2: joined by Todd Lutsky, a partner with the law firm
- 0:47Speaker 2: of Cushing and Dolan with a master's in taxation. Welcome, Todd.
- 0:51Speaker 2: How are you today?
- 0:52Speaker 3: I am never better? How are you?
- 0:54Speaker 2: I'm great? Thank you?
- 0:56Speaker 3: Welcome September.
- 0:57Speaker 2: Hmm, can you screaming?
- 1:00Speaker 3: I'm going to call you A couple of cases actually
- 1:03Speaker 3: pretty interesting. I think a Tennessee Appellate court case dealing
- 1:06Speaker 3: with you know, joint property in a divorce, then a
- 1:10Speaker 3: death and what happens to the joint property and the
- 1:14Speaker 3: tenets by the entirety property if the death occurs before
- 1:18Speaker 3: the divorce is final.
- 1:20Speaker 2: That doesn't sound mighty at all.
- 1:22Speaker 3: This sounds like it could be interesting. So we're gonna
- 1:25Speaker 3: find out about that. And again I think the key
- 1:26Speaker 3: here is what we're going to learn about joint property
- 1:29Speaker 3: and how joint property works and how it fits into
- 1:31Speaker 3: a state planning. So the lessons are sometimes better than
- 1:34Speaker 3: the story, but the story will be interesting for you.
- 1:37Speaker 3: And another one we're going to run over to Kansas,
- 1:38Speaker 3: and we've got a Supreme Court case in Kansas. So basically,
- 1:44Speaker 3: you know, once you accept something, then you can't get upset.
- 1:48Speaker 3: You get what you get and you don't get upset.
- 1:52Speaker 3: And that's in essence what happens here where somebody basically
- 1:55Speaker 3: ends up accepting a distribution from a trust and then decides, no, oh,
- 2:00Speaker 3: I don't like what I got? Well can you do that?
- 2:04Speaker 3: Stay tuned and you will. You will find out. So
- 2:08Speaker 3: a couple of things, though, folks, this is all going
- 2:10Speaker 3: to require the need for planning. And one of the
- 2:13Speaker 3: big items, one of the big assets you know, whether
- 2:15Speaker 3: it's real estate which is important to plan for, or
- 2:18Speaker 3: another problem asset in the estate planning world is iras
- 2:24Speaker 3: four oh one case or as we know them, retirement
- 2:26Speaker 3: qualified plan money. They're hard to plan for, especially in
- 2:30Speaker 3: the nursing home world. So this new guide we're giving away.
- 2:34Speaker 3: By the way, folks, I say it's new because this
- 2:36Speaker 3: technique's only been around since twenty twenty two when the
- 2:39Speaker 3: Secure Act changed. But you can learn how to name
- 2:42Speaker 3: your IRA beneficiary your estate. Again, you have to meet
- 2:48Speaker 3: the required beginning date, but naming it your estate as
- 2:52Speaker 3: the beneficiary, coupling it with a testamentary trust. The two
- 2:55Speaker 3: ideas that are in the guide will show you how
- 2:58Speaker 3: it can both be protect protected from the nursing home
- 3:01Speaker 3: which is very hard to do in advance, and sheltered
- 3:05Speaker 3: for estate taxes on the first death, all while not
- 3:10Speaker 3: incurring any adverse income taxes on the required minimum distributions
- 3:14Speaker 3: from these iras. Folks. That's a mouthful. It's in the guide.
- 3:18Speaker 3: It explains how to do this technique call and get
- 3:22Speaker 3: it eight six six eight four eight five six ninety
- 3:26Speaker 3: nine or Legal Exchange Show dot Com again eight six
- 3:29Speaker 3: six eight four eight five six ninety nine or Legal
- 3:33Speaker 3: Exchange Show dot Com. It's new for the month, and
- 3:36Speaker 3: it also talks about those testamentary trusts they're in there
- 3:39Speaker 3: as well. You got to learn how those trusts work,
- 3:41Speaker 3: which are very different than what we're talking about right
- 3:44Speaker 3: now over in Tennessee when we go to this appellate
- 3:48Speaker 3: court case. What are we doing over there? Well, Charles
- 3:53Speaker 3: Senior and Shirley married in nineteen eighty one, surely then
- 3:59Speaker 3: five for divorce in March of twenty twenty January of
- 4:05Speaker 3: twenty twenty three, they're still not divorced. Shirley and Charles
- 4:10Speaker 3: Senior agree that the proceeds from the sale of certain
- 4:14Speaker 3: parcels of real estate that were owned as tenants by
- 4:19Speaker 3: the entirety or just jointly would be deposited with the
- 4:25Speaker 3: Chancery Court. Whatever the heck that means?
- 4:28Speaker 2: What does then?
- 4:29Speaker 3: I don't know, We're going to keep going. That's what
- 4:32Speaker 3: they agreed to, though. Then in August of twenty twenty three,
- 4:36Speaker 3: So a few months later Senior dies and guess what
- 4:42Speaker 3: it was? Prior to a final divorce decree being entered into.
- 4:46Speaker 3: So what do you think Shirley does. Shirley says, well,
- 4:48Speaker 3: I'm going to file a motion to dismiss and request
- 4:51Speaker 3: distributions of the sale proceeds.
- 4:54Speaker 2: Makes sense because she's joint with rights at that point.
- 4:57Speaker 3: Still, well, I think, so let's see Junior son of Charles.
- 5:03Speaker 3: Now they say son of not Shirley, probably son of Charles, which, yeah,
- 5:07Speaker 3: makes me think that it's probably a second marriage. Good point, Susan,
- 5:10Speaker 3: So keep that in mind. Well, he files a complaint
- 5:15Speaker 3: alleging that the sale proceeds belonged to the estate. Well,
- 5:20Speaker 3: the trial court granted Shirley's motion, finding that the divorce
- 5:25Speaker 3: abated was abated by Senior's death and because they were
- 5:29Speaker 3: still married on the date of death. Here you go, Susan,
- 5:33Speaker 3: and that they owned the property joint tenants by the
- 5:35Speaker 3: entirety and jointly they that the proceeds would be held
- 5:41Speaker 3: the same way, and therefore they belong to Shirley. As
- 5:47Speaker 3: you might imagine, Junior didn't like that, so Junior appealed.
- 5:52Speaker 3: He argues that because they were in the middle of
- 5:54Speaker 3: a divorce, they intended to dissolve the tendancy. Yep, the
- 6:00Speaker 3: appellate court affirmed, stating that the proceeds from the sale
- 6:03Speaker 3: of the property held jointly or tenants by the entirety
- 6:07Speaker 3: are in fact held the same way. The proceeds would
- 6:10Speaker 3: be held the same way and surely would get them
- 6:12Speaker 3: unless the party showed an intention to create a different
- 6:17Speaker 3: form of ownership. And they said that they really didn't show.
- 6:23Speaker 3: All they did was agreed that the proceeds would be
- 6:25Speaker 3: deposited into a chancery court. They didn't talk about changing ownership.
- 6:29Speaker 2: And after Yeah, so folks.
- 6:32Speaker 3: Lots to think about obviously, when you're going through a divorce. Divorce, yeah,
- 6:37Speaker 3: I mean, please a long time if I think the
- 6:40Speaker 3: first message is if you're going through divorce, please get
- 6:43Speaker 3: your ducks in a row and get some planning, you know,
- 6:45Speaker 3: take care of make sure you know what happens if
- 6:47Speaker 3: you die before you get the cashed. And I think,
- 6:52Speaker 3: before I get into understanding the joint property a minute,
- 6:55Speaker 3: I just want you to know that, you know, obviously,
- 6:57Speaker 3: one of the things that you think about here is
- 6:59Speaker 3: if this is a second marriage and you're dealing with
- 7:02Speaker 3: all kinds of real estate which they have here. I mean, clearly, folks,
- 7:08Speaker 3: a trust is a much better way to go.
- 7:11Speaker 2: Right, because then the trust he could have taken care
- 7:14Speaker 2: of his son and it would be outlined exactly what
- 7:17Speaker 2: he wanted to ultimately happen.
- 7:18Speaker 3: Right, I mean he could have. And again, if there's
- 7:20Speaker 3: ever a remarriage or I mean, you need to make
- 7:23Speaker 3: sure that you could say, okay, well, if I'm going
- 7:25Speaker 3: to get the divorce, well then maybe this property goes
- 7:27Speaker 3: to my ex wife, or this property stays in trust
- 7:30Speaker 3: for my son or something to set up the trust
- 7:33Speaker 3: to control the real estate. So it really is is
- 7:36Speaker 3: a much better way than this joint ownership arrangement especial
- 7:43Speaker 3: especially with a second marriage. Forget the divorce here, just
- 7:46Speaker 3: let's say they never got divorced, right, and they stayed married. Well,
- 7:49Speaker 3: maybe I want to take care of my spouse. I
- 7:51Speaker 3: loved her and I wanted her to use a certain house,
- 7:54Speaker 3: but I didn't want her to sell it. Well, the
- 7:57Speaker 3: trust can can do that.
- 7:59Speaker 2: Just because you love yourself and spouse doesn't mean you
- 8:01Speaker 2: want to disinherit your children.
- 8:02Speaker 3: Exactly, and you could still provide for each side of
- 8:05Speaker 3: the marriage. But that didn't happen. But let's understand what
- 8:08Speaker 3: did happen. Right, Remember, jointly held property. Most married couples
- 8:13Speaker 3: own real estate jointly, and a primary residence they own
- 8:17Speaker 3: t bye. They call it tenants by the entirety. Now,
- 8:20Speaker 3: what the heck is that? Well, that's still joint, but
- 8:23Speaker 3: it does provide some creditor protection because if one spouse
- 8:28Speaker 3: is sued or has a creditor chasing them, the creditor
- 8:31Speaker 3: cannot force this property to be split. So therefore it
- 8:35Speaker 3: provides some creditor protection. So that's why with the home
- 8:38Speaker 3: its own t BYE.
- 8:39Speaker 2: And that's only for prim couples primary residents.
- 8:43Speaker 3: Yes, yes, that's right, Susan. So so that's one thing
- 8:47Speaker 3: and the other properties just joint. So remember though on
- 8:51Speaker 3: the estate side doesn't do anything. It avoids probate, but
- 8:54Speaker 3: it passes directly to the surviving owner. Therefore, that doesn't
- 8:59Speaker 3: shelter anything for a state tax is because all the
- 9:02Speaker 3: assets will just be taxed when the surviving spouse dives.
- 9:05Speaker 3: So joint ownership is not a great estate planning tool
- 9:10Speaker 3: from an estate tax standpoint. You really needed the trust
- 9:14Speaker 3: to shelter the assets on the first death to provide
- 9:17Speaker 3: the estate tax savings. And as we mentioned earlier, in
- 9:21Speaker 3: a second marriage, without the trust, you have no control
- 9:24Speaker 3: over the asset for your side of the of the mayor,
- 9:27Speaker 3: of your side of the family, after you know, you die.
- 9:31Speaker 3: If it just goes to your spouse and it was
- 9:33Speaker 3: joint she could do whatever she wants with it.
- 9:35Speaker 2: And if it's not and if it's own jointly, that
- 9:38Speaker 2: means it doesn't go through probate, So it's not like
- 9:41Speaker 2: they can contest probate and say, hey, i'm a child,
- 9:44Speaker 2: I get abortion right.
- 9:46Speaker 3: And I think that's the next pact right here. I
- 9:48Speaker 3: don't know what they had done for planning, but if
- 9:50Speaker 3: they didn't have much planning done, then you know the
- 9:53Speaker 3: jointly if it's if it's just money and there's no will,
- 9:57Speaker 3: it's going to go intestate. And if they're still married,
- 9:59Speaker 3: she going to get something at least depending on what
- 10:02Speaker 3: the laws are of that state, the intestate laws of
- 10:04Speaker 3: that state. Folks, don't leave things to chance. Do your planning.
- 10:09Speaker 3: Learn how especially to plan for your IRA and by
- 10:12Speaker 3: the way, for life insurance. Both are covered here eight
- 10:15Speaker 3: six six eight four eight five six nine nine or
- 10:19Speaker 3: Legal exchange show dot com.
- 10:22Speaker 2: You've been listening to Todd Lutsky, a partner with the
- 10:24Speaker 2: law firm of Cushing and Dolan. I'm Susan Power as
- 10:27Speaker 2: a financial advisor with the Armstrong Advisory Group. We've got
- 10:31Speaker 2: much more to come when we return to the Legal
- 10:33Speaker 2: Exchange with Todd Lutsky.
- 10:36Speaker 1: Every dollar you've saved in retirement accounts and life insurance
- 10:39Speaker 1: tells a story, a story of hard work, smart choices
- 10:43Speaker 1: and the future you envision for your family. One way
- 10:45Speaker 1: to help that story end well is to make a
- 10:48Speaker 1: beneficiary choice that does more. This month's free guide from
- 10:51Speaker 1: Cushing and Dolan, IRA and Life Insurance Planning, Estate tax
- 10:54Speaker 1: Strategies and Nursing Home Protection explains how naming your estate
- 10:58Speaker 1: is the beneficiary of your IRA or life insurance can
- 11:01Speaker 1: at a layer of tax efficiency in nursing home protection
- 11:04Speaker 1: while still allowing your spouse access when it matters. It's
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- 11:34Speaker 1: endorse each other and are not affiliated.
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- 13:38Speaker 1: You're listening to the Legal Exchange with Todd Lutsky, an
- 13:41Speaker 1: expert in elder life planning and taxation. Need help with
- 13:44Speaker 1: your estate plan? Call Todd right now and make an appointment.
- 13:47Speaker 1: Eight sixty six eight four eight five six ninety nine.
- 13:50Speaker 1: That's eight sixty six eight four eight five six ninety nine.
- 13:55Speaker 2: Welcome back into the Legal Exchange with Todd Lotsky. I'm
- 13:58Speaker 2: Susan Powers of financial advice with the Armstrong Advisory Group,
- 14:01Speaker 2: and I'm joined by Todd Lutsky, a partner with the
- 14:04Speaker 2: law firm of Cushing and Dolan with a master's in taxation.
- 14:08Speaker 2: Where are we headed now, Todd.
- 14:10Speaker 3: We are going to go to Kansas.
- 14:12Speaker 2: We're not in Kansas anymore. So you should have done
- 14:14Speaker 2: that story first so that I could really say that
- 14:17Speaker 2: you did say, I haven't mean something.
- 14:20Speaker 3: We're in Kansas anyway, and it's a Supreme Court decision.
- 14:24Speaker 3: And basically, you know, once you accept, can you still
- 14:29Speaker 3: get upset. So here's thelong in the short of it, right,
- 14:33Speaker 3: And there's obviously a lot more to this than just
- 14:35Speaker 3: the story. But Roxanne dies in twenty twenty and she
- 14:41Speaker 3: had a revocable trust. Yay for Roxanne and the daughter.
- 14:45Speaker 3: Sarah becomes the success or trustee. The trust provides for
- 14:51Speaker 3: Roxanne's five children. Okay, it doesn't say whether it's equal
- 14:56Speaker 3: or not, but let's just assume it is. But it
- 15:01Speaker 3: just as provides for so I don't know if that's
- 15:04Speaker 3: equal or not, but keep that in mind now. On
- 15:07Speaker 3: May twenty twenty one, son David sues Sarah to remove
- 15:13Speaker 3: her as trustee, but that suits quickly dismissed because there's
- 15:17Speaker 3: no grounds. Again, trust doing its job. October twenty twenty one,
- 15:25Speaker 3: Sarah sent around. She's the trustee. She's sent around a
- 15:28Speaker 3: final trust accounting what she's supposed to do, and then
- 15:31Speaker 3: a distribution proposal. Here's what's going to come out again,
- 15:35Speaker 3: She's probably following the terms of the trust. All the
- 15:40Speaker 3: beneficiaries except and sign a release except David. David pro Se,
- 15:48Speaker 3: meaning without a lawyer, files an objection to prevent the
- 15:52Speaker 3: winding up of the trust. Sarah files a declaratory action, saying, listen,
- 15:57Speaker 3: I want to put this thing to bed. I want
- 15:59Speaker 3: to distribut at the assets. And the court agreed, ordering
- 16:03Speaker 3: out the distribution of assets and releasing Sarah as trustee. Well,
- 16:09Speaker 3: David files a notice to appeal, but shortly after he
- 16:13Speaker 3: files the notice to appeal, he cashes his check that
- 16:17Speaker 3: he got from the trust. The appellate Court dismissed David's
- 16:23Speaker 3: appeal for lack of subject matter jurisdiction. Why because David
- 16:28Speaker 3: accepted the benefits and thus he's barred from appealing. Right, Well,
- 16:33Speaker 3: he didn't like that, so he went to the Supreme Court.
- 16:35Speaker 2: Can just out of his share.
- 16:40Speaker 3: So he goes to the Supreme Court and they affirmed, saying, look,
- 16:46Speaker 3: once you accept, you cannot take an inconsistent position. Later
- 16:52Speaker 3: you get what you get and you don't get upset.
- 16:55Speaker 3: That's crazy, It is crazy, but it's I think we
- 16:58Speaker 3: can learn a lot, you know, from something like this,
- 17:02Speaker 3: and attorney that's number one, get some advice and well
- 17:06Speaker 3: maybe that's why he kept the legal fees down. But folks,
- 17:08Speaker 3: I do love the idea. Any they didn't have any.
- 17:13Speaker 3: I do love the idea the revocable trust here, folks,
- 17:15Speaker 3: but think about this because you know, when you're doing
- 17:17Speaker 3: your planning, this new guide for the month, which is
- 17:20Speaker 3: is still a relatively new technique. It's it's basically learning
- 17:24Speaker 3: how to name the beneficiary of your IRA, your estate,
- 17:29Speaker 3: which sounds like malpractice because it was for a long time,
- 17:33Speaker 3: but not anymore. And again, while this trust might deal
- 17:37Speaker 3: with certain assets that we just read about, this idea
- 17:41Speaker 3: involves a testamentary trust. Right how you use an IRA
- 17:46Speaker 3: coupled with a testamentary trust, which, by the way, is
- 17:48Speaker 3: a will trust. It's it's a trust built into your will,
- 17:51Speaker 3: and it's good for IRA assets and it's good for
- 17:54Speaker 3: life insurance. Especially when you're coupling it with nursing home planning.
- 17:59Speaker 3: It gives you some great benefits from a tax standpoint,
- 18:02Speaker 3: a nursing home protection standpoint, and not causing adverse income
- 18:07Speaker 3: tax consequences while protecting the assets from the nursing home folks.
- 18:11Speaker 3: It's it's really a wonderful technique. Get the guide eight
- 18:15Speaker 3: six six eight four eight five six nine nine or
- 18:20Speaker 3: Legal Exchange show dot com How to name an estate
- 18:24Speaker 3: an IRA beneficiary and I should also say life insurance
- 18:28Speaker 3: eight six six eight four eight five six nine nine
- 18:32Speaker 3: or Legal Exchange show dot com. Let's talk about what
- 18:37Speaker 3: we learn here.
- 18:38Speaker 2: Can we start with a new contest clause? Please, let's
- 18:43Speaker 2: just start with that.
- 18:44Speaker 3: So it seems to me that that beginning, when I
- 18:48Speaker 3: said they're treating the taking care of the kids, it
- 18:51Speaker 3: didn't tell me whether it was equal or not. My
- 18:55Speaker 3: point is, I think whether it's equal or not anymore,
- 19:01Speaker 3: I think you ought to start with, you know, a
- 19:04Speaker 3: no contest clause. So, first and foremost, I want you
- 19:07Speaker 3: to see that this trust planning really worked, just another
- 19:10Speaker 3: example of how a trust works. You don't it does
- 19:16Speaker 3: the job. Second, even when you're treating kids equally, and
- 19:20Speaker 3: for sure, if you're not treating them equally, well, you know,
- 19:24Speaker 3: one should always put a no contest clause in there.
- 19:27Speaker 3: This effectively states that if a beneficiary challenges the trust,
- 19:33Speaker 3: they automatically lose whatever they were getting. There's no winning. Now,
- 19:40Speaker 3: in this case, it sounds like David was being taken
- 19:44Speaker 3: care of one way or another, even if he was
- 19:48Speaker 3: just getting a percentage. Let's first of all, it's an
- 19:51Speaker 3: equal percentage, or even if it's a smaller percentage, but
- 19:54Speaker 3: it's still a percentage. He would have thought twice about
- 19:59Speaker 3: bringing this.
- 20:00Speaker 2: Action, because he would have gotten nothing.
- 20:02Speaker 3: Right just by filing. You now give up, you can't win.
- 20:07Speaker 3: That's what basically says.
- 20:08Speaker 2: I would think that David's personality would have shown through
- 20:12Speaker 2: his entire life, and they should have expected this reaction,
- 20:16Speaker 2: and they when they did the trust, they should have
- 20:18Speaker 2: recommended that no contest clause.
- 20:21Speaker 3: Yeah. I would think that's something that they should have seen.
- 20:24Speaker 2: Right, and dynamic, the family dynamic, and you know.
- 20:27Speaker 3: And I say, yes that that's a good point, Susan.
- 20:30Speaker 3: And I think also, you know, just lawyers in general
- 20:33Speaker 3: might want to guide them and say, you know, to me,
- 20:36Speaker 3: this is really what we're here for counseling you. Why
- 20:41Speaker 3: not just throw a no contest clause in even if
- 20:43Speaker 3: the lawyer doesn't know that child what right? The lawyer
- 20:47Speaker 3: probably doesn't know that child right.
- 20:49Speaker 2: But you do have conversations about that family dynamic when
- 20:52Speaker 2: you're meeting with clients.
- 20:54Speaker 3: I do. I mean, it's one of my standard questions
- 20:57Speaker 3: that I ask in the meeting. I say, you know,
- 20:59Speaker 3: how many kids do you have? They tell me, and
- 21:00Speaker 3: I say, does everybody get along? Okay? You know I
- 21:03Speaker 3: always ask.
- 21:03Speaker 2: That, right pause? Something you know, as you know.
- 21:06Speaker 3: It's okay as siblings do I get. I always say that,
- 21:09Speaker 3: you know, siblings, you don't have their things, But in general,
- 21:12Speaker 3: you know, we're not enemies. We have each other's back
- 21:14Speaker 3: and whatnot. And if that's the case, they're fine, move on.
- 21:17Speaker 3: But even so, it can't hurt to put it in now.
- 21:23Speaker 3: So again saying the trust here really works, right. It
- 21:26Speaker 3: controlled who got what, how they got it, when they
- 21:30Speaker 3: got it, why they got it, and they couldn't fight it.
- 21:33Speaker 3: So I loved it. Secondly, the trustee situation, they got
- 21:38Speaker 3: five kids, having one child serve. They always ask me, oh,
- 21:43Speaker 3: why can't I put all five on? Because it doesn't matter.
- 21:46Speaker 2: Nightmare.
- 21:46Speaker 3: It's a nightmare and it doesn't really change anything. Right,
- 21:49Speaker 3: Look here, having one child and not all five serving
- 21:52Speaker 3: is still okay. Why because remember the trustee can only
- 21:57Speaker 3: do what the trust says to do it, you know,
- 22:01Speaker 3: do other things. So you're bound by fiduciary duties just
- 22:06Speaker 3: because you didn't become trustee. As long as you're not
- 22:09Speaker 3: treated differently, what do you care? Also, in this case,
- 22:13Speaker 3: it shows that it's not so easy to just remove
- 22:17Speaker 3: a trustee without cause they tried. Ah, what it's going
- 22:20Speaker 3: to throw you out, Sarah, remember David. Well, that case
- 22:24Speaker 3: was dismissed pretty quickly. Hey, if you don't have cause,
- 22:27Speaker 3: the trustee can't just be removed. It's not so easy.
- 22:31Speaker 2: Because it was mom or dad's choice to have them
- 22:33Speaker 2: be the trustee.
- 22:34Speaker 3: That's right. As long as they're following the fiduciary rules
- 22:37Speaker 3: of the trust doing what it says, you're fine. Also,
- 22:40Speaker 3: the trust really prevented David from like manipulating the mother
- 22:44Speaker 3: before death and certainly protected the assets after death. So again, folks,
- 22:48Speaker 3: these trusts are not just for probate and taxes in
- 22:51Speaker 3: nursing home protection. They really protect the family, you know,
- 22:55Speaker 3: behind the estate plan and again real estate, right, there's
- 22:58Speaker 3: real estate involved here. If you have real estate and
- 23:02Speaker 3: the trust and you have five kids, always a good
- 23:05Speaker 3: idea to put in the forced sale language unless they
- 23:08Speaker 3: all want it. Mostly they're not gonna want it, And
- 23:11Speaker 3: this way they can buy each other out and everybody's
- 23:14Speaker 3: still happy, and everybody's still going to go to Thanksgiving
- 23:16Speaker 3: dinner together because they're still treated. They got what they
- 23:20Speaker 3: wanted to get. Folks, it's a brand new guide for
- 23:24Speaker 3: the month. That's just one asset. Real estate iras and
- 23:27Speaker 3: life insurance are tricky assets. Get the new guide in
- 23:30Speaker 3: terms of how to treat them eight six six eight
- 23:33Speaker 3: four eight five six nine nine or Legal Exchange show
- 23:37Speaker 3: dot com.
- 23:38Speaker 2: You've been listening to Todd Lutski, a partner with the
- 23:40Speaker 2: law firm of Cushing and Dolan. I'm Susan Power as
- 23:43Speaker 2: a financial advisor with the Armstrong Advisory Group. We'll be
- 23:47Speaker 2: right back with more on the Legal Exchange with Todd Lutski.
- 23:51Speaker 1: Every dollar you've saved in retirement accounts and life insurance
- 23:55Speaker 1: tells a story, a story of hard work, smart choices
- 23:58Speaker 1: and the future you and for your family. One way
- 24:01Speaker 1: to help that story end well is to make a
- 24:03Speaker 1: beneficiary choice that does more. This month's free guide from
- 24:07Speaker 1: Cushing and Dolan IRA and Life insurance Planning Estate tax
- 24:10Speaker 1: Strategies in Nursing Home Protection explains how naming your estate
- 24:13Speaker 1: is the beneficiary of your IRA or life insurance can
- 24:16Speaker 1: at a layer of tax efficiency in nursing home protection
- 24:19Speaker 1: while still allowing your spouse access when it matters. It's
- 24:22Speaker 1: about keeping more of what you've built, working for your
- 24:25Speaker 1: loved ones now and in the years to come. Get
- 24:28Speaker 1: your free copy today by calling eight sixty six eight
- 24:31Speaker 1: four eight five six nine nine. That's eight six six
- 24:34Speaker 1: eight four eight five six nine nine, or you can
- 24:36Speaker 1: request it online from our website legal exchange showed dot com.
- 24:41Speaker 1: The proceeding was paid for and the views expressed are
- 24:42Speaker 1: solely those of Cushing and Dolan. Cushing and Dolan and
- 24:45Speaker 1: Ormstrong Advisory may contact you offering legal or investment services.
- 24:47Speaker 1: Cushing and Dolan and Armstrong Advisory do not endorse each
- 24:50Speaker 1: other and are not affiliated.
- 24:52Speaker 5: Inflation, housing costs, and rising interest rates are putting pressure
- 24:55Speaker 5: on families everywhere, from higher insurance and taxes to volatile markets.
- 24:59Speaker 5: Today's economical way landscape is changing fast. This is Chuck
- 25:02Speaker 5: Zada from the Armstrong Advisory Group. We're hosting two financial
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- 25:27Speaker 5: about strategies that may help you plan smarter. Register today
- 25:30Speaker 5: by calling eight hundred three nine three for zero zero
- 25:34Speaker 5: one or on our website Armstrong Advisory dot com.
- 25:37Speaker 1: The proceeding was paid for by Armstrong Advisory Group, a
- 25:40Speaker 1: registered investment advisor. Nothing in the ad or in any
- 25:42Speaker 1: Armstrong guide a specific financial, legal, or tax advice. Consult
- 25:45Speaker 1: your own financial, tax, and estate planning advisors before making
- 25:48Speaker 1: any investment decisions. Armstrong may contact you to offer investment
- 25:51Speaker 1: advisory services.
- 25:53Speaker 6: Mark Vonner is the CEO of Veterans Development Corporation. Mark
- 25:57Speaker 6: is a career military man, having served nearly twenty years,
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- 26:05Speaker 7: The DAV five K Boston.
- 26:07Speaker 6: The dav Department of Massachusetts does incredible work and it's
- 26:10Speaker 6: one of the first organizations that Mark became familiar with
- 26:14Speaker 6: after his military service ended back in nineteen eighty four.
- 26:17Speaker 6: As Mark built his company, he knew he'd be giving
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- 26:30Speaker 6: such a big supporter of Dan Stack, the DAV Department
- 26:33Speaker 6: of Massachusetts and the DAV five K Boston. You can
- 26:37Speaker 6: join Mark Varner and his team and make a donation
- 26:39Speaker 6: to the DAV Department of Massachusetts or become.
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- 26:45Speaker 6: Simply visit DAV five k dot Boston.
- 26:48Speaker 7: That's DAV five k dot Boston.
- 26:54Speaker 1: You're listening to the Legal Exchange, and it's time for
- 26:57Speaker 1: Ask Todd, the segment where Tod will answer you your
- 27:00Speaker 1: questions about anything and everything that's included in the estate
- 27:03Speaker 1: planning process. Once again, here's Tom Lutsky and Susan Powers.
- 27:09Speaker 2: Welcome back talk. We have a few questions from listeners
- 27:12Speaker 2: for you. First question comes from Lena and Brookline, mass
- 27:15Speaker 2: And Lena writes, my mother passed away in December without
- 27:18Speaker 2: a will or anything written down with her intentions. I
- 27:22Speaker 2: have one sibling and my father passed away years ago.
- 27:25Speaker 2: Does her lack of planning complicate the process of settling
- 27:28Speaker 2: her estate? She was worth around one point five million
- 27:32Speaker 2: when she died. Doesn't say what type of assets she had,
- 27:35Speaker 2: so you might have to make live here a little bit.
- 27:38Speaker 3: Yeah, yeah, it always it always complicates things when you
- 27:44Speaker 3: don't do planning, period. I think that's just a general statement.
- 27:47Speaker 3: You have to just say. The question is more how
- 27:49Speaker 3: bad is it going to be? You might luck out here.
- 27:53Speaker 3: Let's say let's say they had, you know, an IRA,
- 27:57Speaker 3: but it had a designated beneficiary and the two kids. Yep,
- 28:01Speaker 3: well that's easy. Kids can just go to the IRA
- 28:04Speaker 3: store or to the financial IRIS store, to the financial
- 28:09Speaker 3: institution that houses the the IRA money and and basically
- 28:14Speaker 3: present the death certificate, present you know who they are,
- 28:17Speaker 3: and if they're listed on the on the form, then
- 28:20Speaker 3: that money will go to them, no probate, no fuss uh.
- 28:24Speaker 3: And because she's at one point five million, that also
- 28:27Speaker 3: lessens the complication because in Massachusetts you can shelter up
- 28:32Speaker 3: to two million without paying an estate tax, So we
- 28:36Speaker 3: don't have an estate tax filing to worry about.
- 28:38Speaker 2: So no federal, no state.
- 28:40Speaker 3: Oh, definitely, no federal and no state. Correct And so
- 28:44Speaker 3: again now it's just the complication level comes down. And
- 28:47Speaker 3: again depending on the assets will cause the complication level
- 28:51Speaker 3: to go up. So iras they can.
- 28:53Speaker 2: Just takeank accounts and things like that.
- 28:56Speaker 3: Yeah, so life insurance, so again we have a dB
- 28:59Speaker 3: is likely on there, go take it. The problem's going
- 29:03Speaker 3: to come with the investment accounts and the bank accounts. Right,
- 29:08Speaker 3: how are the and real est real estate? They have
- 29:10Speaker 3: real estate, he said.
- 29:11Speaker 2: I think that she doesn't say what type of assets.
- 29:15Speaker 3: So right off the bat, again, you could be dodging
- 29:16Speaker 3: a bullet. Right you go into the investment house and
- 29:20Speaker 3: you find out that that she actually did list a beneficiary.
- 29:24Speaker 3: There's a fifty chance that you'll have a designated beneficiary
- 29:29Speaker 3: on those investment accounts.
- 29:30Speaker 2: Yeah, we always try to put them on. When there's
- 29:32Speaker 2: an individual account, we always try to make it a
- 29:35Speaker 2: transfer on death account so that you don't end up
- 29:37Speaker 2: with the situation.
- 29:38Speaker 3: Right. By the way, when Susan says the situation, it's
- 29:41Speaker 3: just avoiding probate, it's still part of the estate. It's
- 29:44Speaker 3: just avoiding probate and allowing an ease of accessibility.
- 29:47Speaker 2: And it makes it a lot longer.
- 29:49Speaker 3: Oh yeah, it's so much bear.
- 29:50Speaker 2: Money to your beneficiaries.
- 29:52Speaker 3: I think where she's going to run into problems, and
- 29:54Speaker 3: I think where the complexity of the estate administration process
- 29:58Speaker 3: is going to be is with bank accounts. In real estate.
- 30:02Speaker 3: It's highly likely that bank accounts don't have the TOD
- 30:08Speaker 3: the transfer on death, can you yes, but for some
- 30:11Speaker 3: reason they don't.
- 30:12Speaker 2: Do it, not if they have us for their advisors.
- 30:14Speaker 2: We always talk about that stuff, not leaving anything any
- 30:19Speaker 2: any open open things where you don't have beneficiaries.
- 30:22Speaker 3: So even if you're not managing their money, but they
- 30:25Speaker 3: have money in a bank.
- 30:25Speaker 2: Account, got it. We have the conversation, good for your
- 30:28Speaker 2: review the beneficiaries at all our reviews and say, okay,
- 30:31Speaker 2: what do you have outside of here? Are there bennies
- 30:33Speaker 2: on those accounts? Get them on those? So yeah, good
- 30:35Speaker 2: for you. We've seen it happen and some people walk
- 30:38Speaker 2: away from a small bank account rather than go to probate.
- 30:40Speaker 2: So nobody wants that.
- 30:42Speaker 3: No, And that's a good point, Susan. If the amount
- 30:44Speaker 3: in that bank account happens to be under probably don't know,
- 30:47Speaker 3: twenty five hundred bucks maybe or three grand, you probably
- 30:50Speaker 3: walk away from it. Yeah, you're going to spend that
- 30:52Speaker 3: to get it, so I don't want to go to probate.
- 30:55Speaker 3: So that's a good idea. But I think the real
- 30:58Speaker 3: problem with the complexity with certainly increase would be with
- 31:01Speaker 3: the real estate. So the real estate likely would be
- 31:05Speaker 3: in her name alone. I mean because it was probably
- 31:08Speaker 3: joint before her her husband died. Yeah, and then when
- 31:12Speaker 3: when she passed, it was in her name alone, even
- 31:15Speaker 3: if they did nothing, even though they say, oh no,
- 31:17Speaker 3: it was still joint with my husband.
- 31:19Speaker 2: No, not really, because you can't put a beneficiary on
- 31:22Speaker 2: real estate, not really.
- 31:23Speaker 3: You can add a name, but that's not a good idea.
- 31:26Speaker 3: So so yeah, I think she would have the complexity
- 31:28Speaker 3: of dealing with that real estate, releasing the lean, then
- 31:31Speaker 3: going to get the going to probate to get it,
- 31:34Speaker 3: you know, ability to sell it, even transfer it, et cetera.
- 31:37Speaker 3: So I think there's going to be some complications there.
- 31:41Speaker 3: But we can avoid these complications by doing planning, like
- 31:47Speaker 3: putting a house in a trust or bank accounts or
- 31:49Speaker 3: investment accounts in a trust. But when we're doing that planning,
- 31:52Speaker 3: the new guide this month helps us deal with other
- 31:55Speaker 3: assets that are not so easily planned for still need trust.
- 31:59Speaker 3: But in this case, IRA's life insurance right, two very
- 32:04Speaker 3: complicated assets. We can use testamentary trust, which is a
- 32:09Speaker 3: different kind of trust. It's a trust built in the will.
- 32:12Speaker 3: It's described in this guide, and it's going to help you,
- 32:16Speaker 3: especially when you're doing nursing home planning, how to name
- 32:19Speaker 3: the estate your beneficiary under your IRA, and do the
- 32:24Speaker 3: same thing with life insurance because oftentimes life insurance can't
- 32:28Speaker 3: be protected in advance from a nursing home either, So
- 32:32Speaker 3: this technique, this guide will show you how to protect
- 32:35Speaker 3: these assets from the nursing home, reduce estate taxes because
- 32:39Speaker 3: they'll be sheltered, and provide for the surviving spouse without
- 32:44Speaker 3: causing income tax consequences eight six six eight four eight
- 32:49Speaker 3: five six nine nine or Legal exchange Show dot com
- 32:53Speaker 3: Brand New Guide for the Month eight six six eight
- 32:56Speaker 3: four eight five six nine nine or Legal Exchange Show
- 33:00Speaker 3: dot com.
- 33:01Speaker 2: Our last question comes from Janet in Conquered New Hampshire,
- 33:04Speaker 2: and Janet writes, my husband and I would like to
- 33:07Speaker 2: transfer our lake home to a trust so that our children,
- 33:10Speaker 2: grandchildren and great grandchildren can continue to enjoy this property
- 33:14Speaker 2: for years to come. Can this be done to prevent
- 33:17Speaker 2: our children from selling the property? Well, let's see, do
- 33:22Speaker 2: you want to make sure your kids don't get along
- 33:24Speaker 2: after you die?
- 33:26Speaker 3: This is a recipe for disaster? Right? But it is
- 33:29Speaker 3: and it isn't right. I know that you know as
- 33:33Speaker 3: parents or grandparents, as the case may be or great grandparents,
- 33:37Speaker 3: as the case may be. You know you want this
- 33:42Speaker 3: for them, you see it as a wonderful thing, but
- 33:48Speaker 3: they don't always right, and so it's really hard to
- 33:53Speaker 3: force people to do this. Can you put it in
- 33:57Speaker 3: a trust? Yes? Can you have language in the trust
- 34:01Speaker 3: that says it's to be held in trust for the
- 34:04Speaker 3: benefit of my kids grandkids in great cranking yes. Can
- 34:09Speaker 3: you actually prohibit the sale? You can? I don't love
- 34:15Speaker 3: it right, And again, you've got to watch out how
- 34:17Speaker 3: long things stay in trust. At least in Massachusetts, we
- 34:20Speaker 3: have something called the rule against perpetuities. That simply means
- 34:26Speaker 3: that it can't last longer than all the lives in
- 34:31Speaker 3: being on the date of death. After the last one
- 34:37Speaker 3: of the lives in being on the date of death
- 34:39Speaker 3: dies twenty years from then, it must end. So that
- 34:43Speaker 3: could be a long time.
- 34:45Speaker 2: So if you have, you know, infant great grandchildren.
- 34:48Speaker 3: Say you've got three kids and three grandkids, just three
- 34:53Speaker 3: kids and three grandkids. Forget the great crankins, but it
- 34:56Speaker 3: could be right, just even that, if everybody dies in order,
- 35:02Speaker 3: twenty years after the youngest grandchild dies, right is when
- 35:06Speaker 3: it must end. That's the rule against perpetuities. I like
- 35:09Speaker 3: to tell people it's about one hundred years. Yeah, and
- 35:12Speaker 3: so you can't keep it forever, so that prohibition on sale. Yeah,
- 35:18Speaker 3: but ultimately it's going to come out. So can you
- 35:21Speaker 3: do all that?
- 35:22Speaker 7: Yes?
- 35:22Speaker 3: So let's say you do that. Now you have the
- 35:24Speaker 3: problem of who's going to get it on which weekend,
- 35:27Speaker 3: and who's going to get it on which holiday, and
- 35:29Speaker 3: who's gonna pay for it, who's going to pay all
- 35:31Speaker 3: the upkeep and the maintenance and the expenses, and who
- 35:34Speaker 3: wants the liability of someone slipping and falling and having
- 35:37Speaker 3: a party and some kid getting hurt in a pool.
- 35:40Speaker 3: It's it's complicated, right. Can you do it? Yes? But
- 35:44Speaker 3: then you need to provide enough money in the trust
- 35:47Speaker 3: to maintain the property because if not, you're going to
- 35:51Speaker 3: be chasing all the kids to come up with payments.
- 35:54Speaker 2: That's a lot of money for thirty years.
- 35:55Speaker 3: To pay all the bills, right, And so probably better
- 36:00Speaker 3: just to say, you know what, sell it unless you
- 36:03Speaker 3: all want it. The ones who want it will care
- 36:05Speaker 3: for it, they'll buy out the ones who don't, and
- 36:08Speaker 3: everybody will be to.
- 36:10Speaker 2: Get different people at different all over the country. They
- 36:13Speaker 2: could be.
- 36:13Speaker 3: Where they're living geography where their head's at. Who knows folks?
- 36:18Speaker 3: Great idea trust planning needed? How do we deal with
- 36:21Speaker 3: life insurance and IRA money? Most important assets to deal
- 36:26Speaker 3: with in your estate? Get the guide eight six six
- 36:30Speaker 3: eight four eight five six nine to nine or Legal
- 36:33Speaker 3: Exchange Show dot com. It's new for the month.
- 36:37Speaker 2: If you have a question you would like to ask Todd,
- 36:40Speaker 2: visit his website Legal Exchange Show dot com and click
- 36:43Speaker 2: on the ask Tod tab. Maybe I'll be able to
- 36:45Speaker 2: read your question on the air, and hopefully his answer
- 36:48Speaker 2: will stop you from becoming one of his next real
- 36:51Speaker 2: life stories. You've been listening to Todd Lutsky, a partner
- 36:55Speaker 2: with the law firm of Cushing in Cushing and Dolan.
- 36:57Speaker 2: I'll get that right. It's only been twenty years. I'm
- 37:00Speaker 2: Susan Powers of Financial Advice with the Armstrong Advisory Group.
- 37:04Speaker 2: We'll be right back after more on the Legal Exchange
- 37:08Speaker 2: with Todd Ludski.
- 37:10Speaker 1: Every dollar you've saved in retirement accounts and life insurance
- 37:13Speaker 1: tells a story, a story of hard work, smart choices,
- 37:17Speaker 1: and the future you envision for your family. One way
- 37:20Speaker 1: to help that story end well is to make a
- 37:22Speaker 1: beneficiary choice that does more. This month's free guide from
- 37:25Speaker 1: cushingon Dolan, IRA and Life insurance Planning Estate tax Strategies
- 37:29Speaker 1: in Nursing Home Protection explains how naming your estate is
- 37:32Speaker 1: the beneficiary of your IRA or life insurance can add
- 37:35Speaker 1: a layer of tax efficiency in nursing home protection while
- 37:38Speaker 1: still allowing your spouse access When it matters. It's about
- 37:41Speaker 1: keeping more of what you've built, working for your loved
- 37:44Speaker 1: ones now and in the years to come. Get your
- 37:47Speaker 1: free copy today by calling eight six six eight four
- 37:50Speaker 1: eight five six nine nine. That's eight six six eight
- 37:53Speaker 1: four eight five six nine nine, or you can request
- 37:55Speaker 1: it online from our website Legal exchange show dot com.
- 38:00Speaker 1: He was paid for and the views expressed are solely
- 38:01Speaker 1: those of Cushing and Dolan. Cushing and Dolan d Ormstrong
- 38:04Speaker 1: Advisory may contact you offering legal or investment services. Cushing
- 38:06Speaker 1: and Dolan and Armstrong Advisory do not endorse each other
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- 39:11Speaker 4: Hi, this is Mike Armstrong from the Armstrong Advisory Group.
- 39:13Speaker 4: One of the biggest risks to retirement isn't just market volatility,
- 39:17Speaker 4: it's longevity.
- 39:18Speaker 3: People are living twenty.
- 39:18Speaker 4: Five to thirty years after they stop working, and that
- 39:21Speaker 4: gives inflation plenty of time to work against you. At
- 39:24Speaker 4: just three percent inflation, your expense is double in about
- 39:26Speaker 4: twenty three years. Add to that the fact that healthcare
- 39:29Speaker 4: costs typically rise faster than general inflation, and your later
- 39:32Speaker 4: years could be your most expensive. Without a plan, that
- 39:34Speaker 4: combination can put real pressure on your savings. That's why
- 39:37Speaker 4: we've put together a brand new guide called Inflation and
- 39:40Speaker 4: your Retirement Plan. The guide shows you ways to balance
- 39:43Speaker 4: longevity risk with rising costs, and strategies that may help
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- 39:49Speaker 4: eight hundred three nine three four zero zero one to
- 39:51Speaker 4: get your free copy today eight hundred three nine three
- 39:54Speaker 4: four zero zero one, or you can request it online
- 39:57Speaker 4: at Armstrong Advisory dot com.
- 39:59Speaker 1: The proceeding was paid for by Armstrong Advisory Group, a
- 40:01Speaker 1: registered investment advisor. Nothing in the ad or in any
- 40:03Speaker 1: Armstrong guide is specific financial, legal, or tax advice. Cansult
- 40:05Speaker 1: your own financial tax into state planning advisors before making
- 40:07Speaker 1: any investment decisions. Armstrong may contact you to offer investment
- 40:10Speaker 1: advisory services.
- 40:11Speaker 8: This is Michael Valila, adjudent of the Disabled American Veterans
- 40:14Speaker 8: Department in Massachusetts. We focus on the people returning from service,
- 40:19Speaker 8: not their specific illness or injury. Our number one goal
- 40:22Speaker 8: is to make sure our veterans have the necessary services
- 40:25Speaker 8: they need, be it physical, emotional, or financial, so that
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- 40:42Speaker 1: Your tune to the Legal Exchange with Todd Lutsky. If
- 40:45Speaker 1: you are a loved one needs a nursing homestay, call
- 40:47Speaker 1: Todd right now at eight six six eight four eight
- 40:50Speaker 1: five six nine nine and let him make sure your
- 40:52Speaker 1: assets are protected. That's eight six six eight for eight
- 40:55Speaker 1: five six nine nine, or visit him online at Legal
- 40:58Speaker 1: Exchange show dot com.
- 41:01Speaker 2: Welcome back into the Legal Exchange with Todd Lutsky. I'm
- 41:04Speaker 2: Susan Powers, a financial advisor the Armstrong Advisory Group, and
- 41:07Speaker 2: I'm joined, of course by Todd Lutsky, a partner with
- 41:10Speaker 2: the law firm of Cushing and Dolan with a master's
- 41:13Speaker 2: in taxation. So, Todd, this guide is all about why
- 41:18Speaker 2: you should name your estate and IRA beneficiary. So I'm
- 41:22Speaker 2: assuming this is not one size fits all, So who
- 41:25Speaker 2: should actually consider naming their estate as their IRA?
- 41:31Speaker 3: As you might imagine there's a lot of rules. Whenever
- 41:35Speaker 3: you talk about iras, the first thing you think about
- 41:38Speaker 3: is how many rules there are with iras, and there are.
- 41:43Speaker 3: Forget naming the estate, just in general. You could give
- 41:47Speaker 3: an eight hour seminar on IRA bit designated beneficiary rules.
- 41:51Speaker 2: You probably have to do that at the IRA store.
- 41:53Speaker 3: Yes, at the IRA store. So it's complicated, but it's
- 41:59Speaker 3: not overly complicated the way we break it down. So
- 42:02Speaker 3: I think your question, and I'll try to stay focused
- 42:05Speaker 3: on the question, because there's so many spinoffs. Who should
- 42:11Speaker 3: do it? First of all, it would be people that
- 42:15Speaker 3: are interested in protecting assets from the nursing home. I
- 42:18Speaker 3: think it's it's limited in that regard. I probably would
- 42:22Speaker 3: not need to name the estate the beneficiary if I'm
- 42:28Speaker 3: self insured, I have enough assets. I'm not worried about
- 42:31Speaker 3: the nursing home. I'm doing revocable trust planning.
- 42:34Speaker 2: Maybe you have a big old Cadillac policy, long term
- 42:37Speaker 2: care policy, or.
- 42:38Speaker 3: You just have enough money, right, You've got five six
- 42:40Speaker 3: million dollars generating five percent. You got nothing to pay
- 42:43Speaker 3: for yourself. Yeah, so I think that's probably okay.
- 42:47Speaker 2: So those that are concerned.
- 42:49Speaker 3: That would be that would be first, but I even
- 42:53Speaker 3: think within that group, you have to then learn who
- 42:57Speaker 3: in that group should be doing.
- 42:59Speaker 2: It, dive down into that further, so you meet with
- 43:02Speaker 2: a lot of people that are concerned with the nursing home.
- 43:04Speaker 2: Is this kind of across the board when you're doing
- 43:06Speaker 2: irrevocable trust planning?
- 43:09Speaker 3: And that's really a fair question because let me break
- 43:12Speaker 3: that down a little bit. Yes, in order to do
- 43:18Speaker 3: this kind of thing, you're doing nursing home planning. So
- 43:22Speaker 3: we're now talking about irrevocable trust. So yes, every time
- 43:26Speaker 3: I do irrevocable trust planning, there will be a testamentary
- 43:31Speaker 3: trust as part of that plan, regardless of the individual's age,
- 43:37Speaker 3: which is a driving factory. I would at least set
- 43:41Speaker 3: it up so they could grow into it if they
- 43:43Speaker 3: haven't attained what we call the required beginning date. Okay,
- 43:49Speaker 3: So yes, the testamentary trust will be there, but the
- 43:52Speaker 3: actual naming the estate as the beneficiary on the IRA
- 43:58Speaker 3: beneficiary form might not take place until the individual attains seventy.
- 44:06Speaker 2: Three okay or whatever their age.
- 44:09Speaker 3: No, seventy three is the required beginning date that you
- 44:13Speaker 3: must start taking distributions from an IRA.
- 44:16Speaker 2: Yep, So there's some that are seventy five. Now you
- 44:19Speaker 2: and I are seventy five RMD age, so they changed
- 44:22Speaker 2: that not too long ago, but seventy three is the
- 44:25Speaker 2: current age that's there, so yep.
- 44:28Speaker 3: So seventy three, yeah, I would say when you reach
- 44:32Speaker 3: age seventy three, you have to take minimum distribution. So
- 44:37Speaker 3: at that point, that's when you're allowed to name the
- 44:40Speaker 3: estate the beneficiary yep, to avoid any adverse income tax consequences.
- 44:45Speaker 2: So you have to be RMD age in order to
- 44:48Speaker 2: update to change it to the estate of right.
- 44:51Speaker 3: But if we're doing the planning and they're sixty two, yep,
- 44:55Speaker 3: I'm going to set it up so that when they
- 44:57Speaker 3: so that that testamentary trust is in place to receive
- 45:01Speaker 3: the IRA money when they die. But they won't actually
- 45:05Speaker 3: change the beneficiary designation until they reach seventy three, so they.
- 45:09Speaker 2: Would probably have their spouse and then their kids. Yeah
- 45:11Speaker 2: as But then once they reach that R and D,
- 45:14Speaker 2: that's when they need to update.
- 45:16Speaker 3: Put it on your watch so it dings when you're
- 45:18Speaker 3: seventy three.
- 45:20Speaker 2: I wonder what that little string on my finger is
- 45:22Speaker 2: for after all these years.
- 45:23Speaker 3: But it is. It is great. But a lot of
- 45:25Speaker 3: times people are already that age and it just it
- 45:27Speaker 3: just sure. So I just wanted you to know both
- 45:29Speaker 3: sides of it. But folks, that's just one of the
- 45:32Speaker 3: things you have to think about right when you're dealing
- 45:34Speaker 3: with IRA beneficiary designations and or life insurance beneficiary designations.
- 45:40Speaker 3: That's something we have to talk about as well. Those
- 45:42Speaker 3: are two great assets to deal with when you're dealing
- 45:46Speaker 3: with this kind of a planning so irrevocable trusts, planning
- 45:51Speaker 3: using testamentary trusts, naming the estate the beneficiary, and on
- 45:55Speaker 3: an IRA or life insurance policy. This guide explains the
- 45:59Speaker 3: benefits of doing that, from estate tax planning to nursing
- 46:03Speaker 3: home protection to income tax benefits Call and Get It
- 46:08Speaker 3: eight six six eight four eight five six ninety nine
- 46:12Speaker 3: or Legal Exchange show dot com New for this month.
- 46:15Speaker 3: Naming an IRA the estate beneficiary.
- 46:18Speaker 2: Okay, so we know the age of folks that should
- 46:20Speaker 2: consider it. Why would they do this though? What are
- 46:22Speaker 2: the benefits? So we haven't talked to mechanics yet of
- 46:26Speaker 2: what you achieve by doing this.
- 46:29Speaker 3: So if you do this so that that really jumps ahead.
- 46:33Speaker 3: But the big, the big asset, the big benefit here
- 46:36Speaker 3: is think about an IRA for a minute, right, clients
- 46:39Speaker 3: come in and they say, I got my house, most
- 46:43Speaker 3: of my money's in an IRA, and I got some
- 46:45Speaker 3: bank account want and a bank aout money is not huge? Well,
- 46:49Speaker 3: they really have two big items, you know, million dollar
- 46:52Speaker 3: home and you know eight hundred thousand dollars in an
- 46:54Speaker 3: iraw a million dollars in two iras, husband, wife, whatever? Wow, Okay, Todd.
- 46:59Speaker 3: It sounds like, and I want to protect the stuff
- 47:02Speaker 3: from the nursing home. And they come in with that
- 47:04Speaker 3: sort of gun ho attitude. I say, okay, well, yes
- 47:08Speaker 3: we can do it. But the first thing you need
- 47:11Speaker 3: to understand is you can only protect the house in
- 47:14Speaker 3: advance of you going into a nursing home. We can
- 47:18Speaker 3: put that in the trust. I can't move your other
- 47:21Speaker 3: big asset, the IRA, to the trust. Now why because
- 47:27Speaker 3: if I do, I pull it out of the IRA,
- 47:30Speaker 3: you now have to give the government forty percent income tax. Yeah,
- 47:33Speaker 3: big tax, and put a lot less. So if I
- 47:36Speaker 3: pulled a million out, I only have six hundred thousand
- 47:38Speaker 3: to put in the trust. Bad idea. So I can't
- 47:43Speaker 3: move it today. But we could do it with designating
- 47:49Speaker 3: the estate the beneficiary. So if you die and never
- 47:52Speaker 3: go to a nursing home, and that's one of the
- 47:54Speaker 3: caveats with this planning. But again, if you don't plan,
- 47:57Speaker 3: you lose for sure, and there's a good chance that's
- 48:00Speaker 3: what we want anyway. We want to be able to live,
- 48:03Speaker 3: not go to a nursing home pass away. If that happens,
- 48:08Speaker 3: then that money goes into the testamentary trust. That's what
- 48:13Speaker 3: we're talking about.
- 48:14Speaker 2: Of the person who died.
- 48:17Speaker 3: Would then pass into this testamentary trust through probate. So, yeah,
- 48:23Speaker 3: I gotta go to probate. No, it's but it's only
- 48:26Speaker 3: one item, so it's not like I've got this huge
- 48:30Speaker 3: inventory of probate assets that I have to deal with.
- 48:33Speaker 3: It's one item. So you take it through, put it
- 48:36Speaker 3: into the testamentary trust, and simply by doing that, the
- 48:40Speaker 3: one main benefit. There's others, but this is the first.
- 48:44Speaker 3: Main benefit is it will sit in a trust in
- 48:48Speaker 3: which the surviving spouse that's why we do this and kids,
- 48:52Speaker 3: but surviving spouse will be entitled to both the income
- 48:57Speaker 3: and the principle from that bucket. So technically the trustee
- 49:02Speaker 3: can give all of that money to her.
- 49:05Speaker 2: So how is that any different than if she just
- 49:07Speaker 2: had it and put it right in her own name
- 49:09Speaker 2: as the spouse.
- 49:10Speaker 3: You're right, it would avoid probate. It would go directly
- 49:13Speaker 3: to the spouse.
- 49:14Speaker 2: She she could spend it.
- 49:16Speaker 3: However, she wants the big difference, and we'll get into
- 49:20Speaker 3: more differences later, but one of the big differences is
- 49:24Speaker 3: the money that goes directly to the spouse, not sheltered
- 49:27Speaker 3: first aid taxes completely available, and remains at risk for
- 49:32Speaker 3: the nursing home when she might get sick, right, going
- 49:36Speaker 3: through this testamentary trust. It then gets into the testamentary
- 49:42Speaker 3: trust through probate cleansing it, meaning even though she has
- 49:46Speaker 3: access to all of it, yep, she could have a
- 49:49Speaker 3: stroke two months later. It's completely protected from the nursing
- 49:54Speaker 3: home for the kids, no look back, no five year
- 49:57Speaker 3: look back period. So that's really the home run peace right.
- 50:02Speaker 3: Never mind, it's also shelter.
- 50:03Speaker 2: Your state text those iras in advance, but they have
- 50:05Speaker 2: a few automatic when when do you die? Right, that's
- 50:09Speaker 2: worth a trip to probate.
- 50:10Speaker 3: I mean, I think that's worth a trip to probate
- 50:12Speaker 3: if you know that there's a chance that the surviving
- 50:15Speaker 3: spouse could get sick yep later and then go to
- 50:19Speaker 3: the nursing home. And lots of times when one gets sick,
- 50:22Speaker 3: they're really already the other ones older and something could
- 50:24Speaker 3: happen right away. Now it's safe, so folks, just one
- 50:29Speaker 3: of the benefits. Learn how to name the estate and
- 50:32Speaker 3: life insurance. Are named the beneficiary of your estate for
- 50:36Speaker 3: both life insurance and iras. Get the new guide eight six, six,
- 50:40Speaker 3: eight four, eight, five, six, nine to nine.
- 50:43Speaker 2: You've been listening to Todd Lutsky from the law firm
- 50:46Speaker 2: of Cushing and Dolan. Todd, thank you so much.
- 50:48Speaker 3: Thank you, Susan, always a pleasure.
- 50:50Speaker 2: I'm Susan Powers, a financial advisor with the Armstrong Advisory Group.
- 50:54Speaker 2: We thank you for joining us and we'll be back
- 50:56Speaker 2: again next week on the Legal Exchange with Todd Lutski.
- 51:00Speaker 1: Every dollar you've saved in retirement accounts and life insurance
- 51:03Speaker 1: tells a story, a story of hard work, smart choices
- 51:07Speaker 1: and the future you envision for your family. One way
- 51:10Speaker 1: to help that story end well is to make a
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- 51:49Speaker 1: The proceeding was paid for and the views expressed are
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- 51:53Speaker 1: Ormstrong Advisory may contact you offering legal or investment services.
- 51:56Speaker 1: Cushing and Dolan and Armstrong Advisory do not endorse each
- 51:58Speaker 1: other and are not affiliated.
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