Latest / The Legal Exchange / How to figure out the right trust for you and your family
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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, Todd Lutsky and Susan Powers.
- 0:37Speaker 2: Welcome into the Legal Exchange with Todd Lutsky. I'm Susan Powers,
- 0:41Speaker 2: a financial advisor with the Armstrong Advisory Group, and I'm
- 0:45Speaker 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 in you.
- 0:54Speaker 2: I'm excellent. Thank you. What do you have for us
- 0:56Speaker 2: this week?
- 0:56Speaker 3: A couple of things. I've got this Missouri Appellate Court
- 1:00Speaker 3: case where basically it's when do you have standing to sue?
- 1:05Speaker 3: And this is important because a lot of people think,
- 1:07Speaker 3: you know, well, if I do my estate plan, you know,
- 1:10Speaker 3: are so and so going to sue? Well, there are
- 1:13Speaker 3: certain people that just can't. And that makes you feel
- 1:16Speaker 3: better about your doing your planning. And so I'm going
- 1:19Speaker 3: to explain to you what happened in this particular case,
- 1:23Speaker 3: and then I've got a real life story for you.
- 1:27Speaker 3: But it really ties into the article they're giving away
- 1:30Speaker 3: as well. An existing couple had come in that I
- 1:32Speaker 3: had done planning for back in four Well, we had
- 1:37Speaker 3: to review the estate plan. They're older, kids are older,
- 1:40Speaker 3: assets have changed, objectives might have changed, laws have changed,
- 1:45Speaker 3: all good reasons to come in, and we had to
- 1:48Speaker 3: go through what they've done and figure out if what
- 1:50Speaker 3: they've done is still good or if they want to
- 1:53Speaker 3: change it, what kind of trust makes sense for them now?
- 1:57Speaker 3: And so, folks, that's really what this is all about.
- 2:00Speaker 3: Going to learn a lot about this case. This is
- 2:01Speaker 3: actually a very interesting, uh, real life case for us.
- 2:06Speaker 3: But it really brings us back to the guide, which
- 2:08Speaker 3: is demystifying the top seven estate planning trusts. Both of
- 2:11Speaker 3: these cases that we're going to discuss really talk about
- 2:14Speaker 3: the need for trust and how they work. If you've
- 2:16Speaker 3: never done your estate plan, this guide will at least
- 2:19Speaker 3: give you some idea of which trust might be right
- 2:23Speaker 3: for you and what help you get started. It explains
- 2:25Speaker 3: pretty much the tax side of things on each trust,
- 2:28Speaker 3: from revocable to irrevocable to multiple kinds of irrevocable trusts
- 2:33Speaker 3: folks from pooled trusts to I'm sorry, no, pool trusts
- 2:37Speaker 3: aren't in there because that was new. They just came back.
- 2:40Speaker 3: But pool trust will be in the next guide. But
- 2:43Speaker 3: it also talks about special needs trust things like that.
- 2:45Speaker 3: Folks call and get the guide Demystifying the top seven
- 2:50Speaker 3: estate planning trusts eight six six eight four eight five
- 2:54Speaker 3: six nine nine or Legal Exchange Show dot Com again
- 2:58Speaker 3: eight six six eight five six nine nine or Legal
- 3:02Speaker 3: Exchange Show dot Com. Now off to Missouri. So what
- 3:07Speaker 3: happened here? Mike Senior creates a revocable trust in May
- 3:12Speaker 3: of twenty thirteen. He intentionally omits his son Mike Junior
- 3:18Speaker 3: and daughter Melinda h Okay, that was twenty thirteen. January fifteen,
- 3:22Speaker 3: twenty fifteen, he revokes the trust okay, and he creates
- 3:27Speaker 3: a new will, leaving one half of his assets to
- 3:31Speaker 3: Junior and Melinda and one half to this aunt. Ethel
- 3:36Speaker 3: seemingly came out of nowhere. June one, twenty fifteen, Mike dies. Okay,
- 3:42Speaker 3: that's six months after he creates this new will, yep,
- 3:46Speaker 3: And so Mike's senior dies and the kids file a
- 3:50Speaker 3: lawsuit against Ethel, saying that this will that was created
- 3:55Speaker 3: six months ago, Mike lacked capacity and she unduly influenced
- 4:00Speaker 3: him to create the will. I know you should be
- 4:02Speaker 3: looking funny at me now because you're saying, well, wait
- 4:04Speaker 3: a minute, these kids were disinherited before. Now they're getting half.
- 4:09Speaker 3: Why are they fighting this will? Or some other facts
- 4:12Speaker 3: come to life, and one of which is one of
- 4:14Speaker 3: Ethel's sisters disinherited Ethel and left the money to the mother,
- 4:18Speaker 3: who in turn left the money to Mike Senior. So
- 4:21Speaker 3: Mike Senior ended up getting another seven hundred and twelve
- 4:24Speaker 3: thousand dollars, which he ended up dying before actually being
- 4:29Speaker 3: able to put it anywhere.
- 4:30Speaker 2: So there's a pipeline going on.
- 4:31Speaker 3: So there's money here, and so the personal representative for
- 4:35Speaker 3: the estate argued that no, the kids don't have any
- 4:38Speaker 3: standing here. They can't sue because even if they will
- 4:41Speaker 3: turns out to be no good, which is what they want. Well,
- 4:44Speaker 3: then the trust gets the assets and they're disinherited, and
- 4:47Speaker 3: so they cannot benefit, and so therefore you cannot sue.
- 4:50Speaker 3: You need to be able to benefit in order to
- 4:53Speaker 3: have standing to sue. So they issued summary judgment, Kids,
- 4:57Speaker 3: you're out.
- 4:57Speaker 2: So they saved him from themselves because they would get nothing.
- 5:01Speaker 3: Oh but they weren't happy with that answer, so they appealed, well,
- 5:06Speaker 3: let's let's hang on. So turns out and again I
- 5:10Speaker 3: already am thinking exactly what the appellate court does. It
- 5:13Speaker 3: says here the kid said, well, wait a minute, we
- 5:16Speaker 3: could benefit from this because if the will is no good,
- 5:21Speaker 3: then the assets passed via the intestate succession statute, and
- 5:25Speaker 3: I E. That means it goes to the next closest
- 5:27Speaker 3: next of kin in most states, and therefore that might
- 5:31Speaker 3: be them and not aunt ethel. It's going to go
- 5:36Speaker 3: to the next closest next of kin, so they can benefit.
- 5:39Speaker 3: So they said, we should have the ability to sue. Well,
- 5:44Speaker 3: the court said, I guess that's right now. They said,
- 5:48Speaker 3: before they receive the inheritance, Mike Senior died, so that
- 5:52Speaker 3: money is sitting in his and that in his estate.
- 5:55Speaker 3: And apparently the old will did not provide a poor
- 6:00Speaker 3: over to the trust, and therefore the assets would never
- 6:05Speaker 3: get in the trust even if the trust was valid
- 6:08Speaker 3: and in existence. So therefore there is a chance that
- 6:11Speaker 3: they can benefit. So they have standing.
- 6:14Speaker 2: So you get to follow it all through the plunk
- 6:16Speaker 2: Go board.
- 6:16Speaker 3: So all this means is they've remanded the case. I
- 6:19Speaker 3: don't have an answer for.
- 6:20Speaker 2: You, but oh, you know, I don't enjoy that when
- 6:22Speaker 2: you do that.
- 6:23Speaker 3: But they are going to allow them to sue. So
- 6:26Speaker 3: in this case, folks, they had standing. Now just try
- 6:30Speaker 3: to revisit this a little bit. I have a couple
- 6:32Speaker 3: of problems with it right off the bat, right But
- 6:36Speaker 3: my first problem is, Oh, if there was an old will,
- 6:41Speaker 3: then that old will will work. Even if it wasn't
- 6:43Speaker 3: a poor overwill, the old will would still work, although
- 6:48Speaker 3: maybe it wouldn't depending on what the trust says. If
- 6:53Speaker 3: it wasn't a poor overwill, then I guess it's not
- 6:55Speaker 3: going to the trust. But I guess then it would
- 6:56Speaker 3: have language as to where the assets would go, which
- 7:00Speaker 3: may or may not be them. I don't know what
- 7:02Speaker 3: the will says, So this one was tough, But I
- 7:05Speaker 3: think the lessons we learned from this, folks, is obviously
- 7:08Speaker 3: do your planning because you may want your wishes to
- 7:11Speaker 3: take place. And everybody always wonders, No, can a spouse sue?
- 7:15Speaker 3: Can you know what? Can one of my kids spouses
- 7:18Speaker 3: sue if they're unhappy with what they No, they would
- 7:22Speaker 3: not have standing to sue because spouses don't have the
- 7:27Speaker 3: ability to benefit from the lawsuit. Right, So you should
- 7:32Speaker 3: feel good about doing your estate plan because you're always wondering. Well,
- 7:35Speaker 3: everybody can always sue. Not everybody can always sue. So
- 7:40Speaker 3: let's just look at this a little bit. Break it down. First,
- 7:42Speaker 3: they had a revocable trust in place, which I liked. Yeah,
- 7:45Speaker 3: I mean, it would have avoided probate, It kept them
- 7:47Speaker 3: in control, It would have reduced the state taxes, you know,
- 7:50Speaker 3: just explaining how these trusts work. They wouldn't have even
- 7:53Speaker 3: had to file any income tax returns. The trusts are revocable,
- 7:57Speaker 3: works great, and and they could specifically say who gets
- 8:03Speaker 3: what and when. So one kid's in, one kid's out,
- 8:07Speaker 3: we're skipping, we're going to grandkids, we're divorce proofing, you know,
- 8:10Speaker 3: Junior and Melinda, you could control everything. Then he revoked it. Well,
- 8:16Speaker 3: I just wanted you to understand that's one way a
- 8:18Speaker 3: revocable trust works and why they're really good that he
- 8:22Speaker 3: did it, and if you ever wanted to know how
- 8:24Speaker 3: they work, that's how they work. What about the will
- 8:27Speaker 3: very confusing to me that this was not a poor overwill.
- 8:30Speaker 3: We would never do a trust and not have a
- 8:32Speaker 3: poor overwill. Remember, folks, the poor overwill is a safety net.
- 8:36Speaker 3: It simply says that if for some reason in this case,
- 8:38Speaker 3: Mike had spare bank accounts or brokerage accounts that were
- 8:42Speaker 3: not in his name because we're not with him every day,
- 8:45Speaker 3: the will would grab it and put it in his
- 8:47Speaker 3: trust safety net. But also what we do is who
- 8:52Speaker 3: knows what if Mike revoked the trust and never told
- 8:55Speaker 3: us could happen. Our will, even though it was a
- 8:59Speaker 3: poor over will, will would have language to say, in
- 9:02Speaker 3: the event the trust is not in existence, here's where
- 9:05Speaker 3: the assets go. So we still have language directing where
- 9:10Speaker 3: the assets go in our will in the outside chance
- 9:13Speaker 3: that the will got revoked and we didn't know it.
- 9:16Speaker 3: So so there's always this, you know, alternate provisions which
- 9:21Speaker 3: I don't understand if this will had it or didn't
- 9:24Speaker 3: have it. But you know that's the thing. And remember
- 9:27Speaker 3: this is all about funding, right, You got to make
- 9:30Speaker 3: sure you get stuff in the will. Don't rely on
- 9:32Speaker 3: the poor over if you don't put stuff in your trust.
- 9:35Speaker 3: And I had a client the other day with this.
- 9:37Speaker 3: They came in and only the house was in. They
- 9:39Speaker 3: were so upset to go, all our money's not in there,
- 9:41Speaker 3: it's all joint. I said, well, it's all joint with you. Guys.
- 9:44Speaker 3: You're going to completely bypass your trust because it's going
- 9:47Speaker 3: to bypass the will and bypass the trust going to
- 9:50Speaker 3: the surviving joint owner. Make sure you funded. And folks
- 9:53Speaker 3: with irrevocable trust, make sure you funded, or the five
- 9:56Speaker 3: year clock never starts to run. So that's the lessons
- 9:59Speaker 3: we learned from this situation. Most importantly, get the guide
- 10:03Speaker 3: Demystifying the Seven Trusts. This one was about revocable trusts.
- 10:07Speaker 3: It explains how they work. You might not need that.
- 10:10Speaker 3: Maybe you want irrevocable. Get the guide learn which trust
- 10:13Speaker 3: works for you eight six six eight four eight five
- 10:17Speaker 3: six ninety nine or Legal Exchange show dot com.
- 10:21Speaker 2: You've been listening to Todd Lutsky, a partner with the
- 10:23Speaker 2: law firm of Cushing and Dolan. I'm Susan Powers, a
- 10:27Speaker 2: financial advisor with the Armstrong Advisory Group. We've got much
- 10:31Speaker 2: more to come when we return to the legal exchange
- 10:34Speaker 2: with Todd Lutsky.
- 10:36Speaker 1: Cushing and Dolan are experts in elder life planning and taxation.
- 10:39Speaker 1: They know that every family is unique and that every
- 10:42Speaker 1: estate plan must be different. Early planning is crucial if
- 10:44Speaker 1: you want to stress for your retirement, and trusts are
- 10:47Speaker 1: oftentimes the document of choice to help protect your assets,
- 10:50Speaker 1: but with so many kinds of trusts, you need to
- 10:52Speaker 1: learn about which one is right for your plan. Revocable
- 10:55Speaker 1: and irrevocable trusts are most common, but there are several
- 10:58Speaker 1: differences as well as numerous tax implications with each. If
- 11:01Speaker 1: you are ready to start your planning or need are
- 11:03Speaker 1: a fresh and existing plan, call Cushing and Dolan and
- 11:06Speaker 1: ask for their new guide called Dmistifying the Top seven
- 11:09Speaker 1: Estate Planning Trusts. Learn how to protect your assets and
- 11:12Speaker 1: potentially eliminate your estate taxes. Call eight six six eight
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- 12:39Speaker 4: make sure you understand the rules related to required minimum distributions.
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- 12:46Speaker 4: important for you to know that you must begin taking
- 12:49Speaker 4: minimal annual withdrawals from your traditional IRA, Simple IRA four
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- 13:23Speaker 1: The proceeding was paid for by Armstrong Advisory Group, a
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- 13:35Speaker 1: advisory services. You're listening to the Legal Exchange with Todd Lutsky,
- 13:40Speaker 1: an expert in elder life planning and taxation. Need help
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- 13:52Speaker 2: Welcome back into the Legal Exchange with Todd Lotski. I'm
- 13:56Speaker 2: stusan powers of financial advice with the Armstrong Advisory Group.
- 14:00Speaker 2: I'm joined by Todd Lutsky, a partner with the law
- 14:02Speaker 2: firm of Cushing and Dolan with a Masters in taxation.
- 14:06Speaker 2: Where we headed now, Todd.
- 14:07Speaker 3: We're going to go nowhere, We're going to stay right
- 14:09Speaker 3: here and do a real life story. Nice, how about this?
- 14:11Speaker 3: So this is a situation where we always talk about trusts.
- 14:16Speaker 3: What kind of trust is right for you? Very similar
- 14:18Speaker 3: to the guide? But when should you review your state plan?
- 14:23Speaker 1: Right?
- 14:23Speaker 3: We talk about this a lot. Yeah, Well, here's a
- 14:26Speaker 3: client who must have been listening, an existing client we've
- 14:29Speaker 3: done planning for them way back two thousand and something
- 14:32Speaker 3: for whatever, a long time ago. They were obviously younger
- 14:37Speaker 3: than they had younger kids then, and it turned out
- 14:40Speaker 3: that the two revocable trust plan was right for them.
- 14:45Speaker 3: I mean, this plan avoided probate, It eliminated their federal
- 14:48Speaker 3: estate tax at the time. It even it might have
- 14:52Speaker 3: even eliminated their state death tax. I can't remember what
- 14:54Speaker 3: they were worth twenty years ago back then. I can't
- 14:58Speaker 3: imagine why you can't remember that. Yeah, it and it
- 15:01Speaker 3: provided you know, the nice staggered distributions for their kids.
- 15:05Speaker 3: They were younger, and we just you know, twenty five
- 15:07Speaker 3: thirty thirty five years of age as to when the
- 15:09Speaker 3: payouts come and and and if not, living to grandchildren.
- 15:13Speaker 3: So it had some basic bloodline planning into it. And certainly,
- 15:18Speaker 3: I mean it was the foundation for their estate plan
- 15:20Speaker 3: and is working, and arguably it might still be working.
- 15:25Speaker 3: But of course they're much older, kids are grown, and
- 15:28Speaker 3: we took a look at their assets. So we always
- 15:30Speaker 3: start when we review a plan by looking at someone's
- 15:33Speaker 3: net worth. See how they've how they've moved while they
- 15:36Speaker 3: had you know, about a million in the home and
- 15:38Speaker 3: and about one point two in investment. So there's two
- 15:40Speaker 3: point two they had between them iras totaling two million
- 15:46Speaker 3: split up not necessarily equally, so about a four point
- 15:50Speaker 3: two million dollar estate. Pretty good. Well, first thing we
- 15:53Speaker 3: need to think about is, Wow, you're older now, and
- 15:55Speaker 3: that's that's a size of state where you might consider,
- 15:59Speaker 3: you know, long term care planning.
- 16:00Speaker 2: How old are they now at this point?
- 16:02Speaker 3: Are they mid seventies?
- 16:03Speaker 5: Oh?
- 16:03Speaker 2: Okay?
- 16:04Speaker 3: So yeah, they were probably in their early fifties and yep, okay,
- 16:08Speaker 3: and so we have to talk about that. I mean,
- 16:12Speaker 3: that's a possibility. Oh and they have this great long
- 16:15Speaker 3: term care insurance policy, I mean Cadillac policy. Yeah, and
- 16:20Speaker 3: I mean they're covered. Plus they have you know, lots
- 16:22Speaker 3: of they have big iras, hard to protect iras from
- 16:26Speaker 3: nursing homes, and plus when you add up that with
- 16:28Speaker 3: pension and interest and dividend income. I mean, they're really
- 16:32Speaker 3: We really ran the numbers and it turned out that
- 16:34Speaker 3: they're really self insured. Yeah, and we concluded that, yeah,
- 16:37Speaker 3: it makes sense that you don't need to switch to
- 16:41Speaker 3: the irrevocable trust with all of that in place, And
- 16:45Speaker 3: so we didn't. And then we said, well, what might
- 16:49Speaker 3: we want to do. Well, I first said, probably we
- 16:53Speaker 3: want to talk about divorce proofing and credit or protecting
- 16:56Speaker 3: your trust, which you didn't have before you had that
- 17:00Speaker 3: stagger distribution. And yes, the kids have gotten married and
- 17:02Speaker 3: there's grandkids, and yes we want we want to talk
- 17:06Speaker 3: about that. And then I said, well, you have two trusts.
- 17:11Speaker 3: Your estate is four point two, the mass estate tax
- 17:14Speaker 3: laws have changed, federal exemptions have gone up. Maybe you
- 17:20Speaker 3: don't need two trusts. Maybe a joint revocable trust will
- 17:24Speaker 3: be far better for you than what you have now.
- 17:27Speaker 2: Because way back when twenty years ago you needed separate ones.
- 17:30Speaker 3: You needed these separate ones, and joint trust really weren't
- 17:33Speaker 3: a thing, right, and so now they are. And I'm
- 17:36Speaker 3: going to explain to you folks how knowing which trust
- 17:40Speaker 3: is right for you matters. And here we're going to
- 17:42Speaker 3: end up making a change and it'll be for the better,
- 17:46Speaker 3: and I'll show you in just a minute. But that's
- 17:47Speaker 3: all about what this guide is, folks, demystifying the top
- 17:52Speaker 3: seven estate planning trusts. Revocable trusts coming two flavors, joint
- 17:56Speaker 3: trusts and individual trusts for a married couple and single
- 18:01Speaker 3: of course trust. But there's also many kinds of irrevocable trusts.
- 18:05Speaker 3: There's life insurance trusts and medicaid trust they're different, they're
- 18:08Speaker 3: both in here. You know, special needs trust, sole benefits trusts,
- 18:12Speaker 3: they're in here. Folks, get the guide, learn what trust
- 18:17Speaker 3: is right for you, and kick off your estate planning
- 18:19Speaker 3: eight six six eight four eight five six nine nine
- 18:24Speaker 3: or Legal Exchange Show dot com again eight six six
- 18:28Speaker 3: eight four eight five six nine nine or Legal Exchange
- 18:32Speaker 3: Show dot com.
- 18:33Speaker 2: Now, so they had two trusts and now you're going
- 18:35Speaker 2: to go to one. Why yeah, why wouldn't you just
- 18:38Speaker 2: keep the same.
- 18:39Speaker 3: And it makes sense that we would think that, so
- 18:41Speaker 3: obviously the old trust. I'm thinking a joint trust is
- 18:44Speaker 3: better here, right, you're going to go from two trusts
- 18:47Speaker 3: to one trusts. Back then, remember the mass estate tax
- 18:51Speaker 3: was one million. Well, with one million dollars, we were
- 18:56Speaker 3: actually able to do that. Right, we could put a
- 18:59Speaker 3: million in each trust and it would shelter a million
- 19:02Speaker 3: dollars on the first death. But today, let's look at
- 19:05Speaker 3: their numbers and see how it works. Because first, let
- 19:08Speaker 3: me explain a joint trust. By going to a joint trust,
- 19:10Speaker 3: it's going to be simpler. We can put all assets
- 19:12Speaker 3: that we can put in the trust in one trust
- 19:16Speaker 3: rather than split them between two trusts. Easier to manage,
- 19:21Speaker 3: easier to operate. Again, still no tax returns to file,
- 19:25Speaker 3: it's revocable. You're in complete control. But it allows us
- 19:29Speaker 3: to shelter more assets on the first death than we
- 19:33Speaker 3: could with two trusts, especially when you have such a
- 19:37Speaker 3: large amount of money tied up in an era. Remember
- 19:40Speaker 3: the facts in this case, folks, there's about two million
- 19:44Speaker 3: dollars of IRA money of a whole four point two
- 19:47Speaker 3: million dollar estate. That's about half, right, So that's a
- 19:51Speaker 3: big number. So here's how it will work under the
- 19:55Speaker 3: old approach. Right, they would have these two trusts and
- 19:58Speaker 3: we would put you know, half of their assets in
- 20:02Speaker 3: each trust. So on the first death, how much could
- 20:05Speaker 3: we shelter, Well, they have two point two million dollars
- 20:09Speaker 3: of assets that would be in their trusts a house
- 20:12Speaker 3: and a one point two million dollar investment account. That's
- 20:14Speaker 3: two point two. So each trust would have one point
- 20:17Speaker 3: one yep, have to divide it because we don't know
- 20:19Speaker 3: who's going to die first. And then on the first death,
- 20:23Speaker 3: one million dollars would go to the remainder share sheltered
- 20:27Speaker 3: from a state tax as well. Of course, in the
- 20:29Speaker 3: past there was only a million dollar exemption. Well, that
- 20:32Speaker 3: works well, and the one hundred thousand would go to
- 20:36Speaker 3: what we call in the q TIP share to be
- 20:38Speaker 3: taxed later. Okay, but at least we would shelter a
- 20:41Speaker 3: million dollars. Sounds good. Unfortunately, today the exemption is two
- 20:48Speaker 3: million dollars.
- 20:49Speaker 2: Is that unfortunate?
- 20:50Speaker 3: Well, it's fortunate if you haven't done your planning, and
- 20:56Speaker 3: so why does that If we leave it like this,
- 20:59Speaker 3: what would happen While on the first death you shelter
- 21:02Speaker 3: one million, on the second death, the survivor would be
- 21:06Speaker 3: worth three point two, Yeah, right, four point two minus
- 21:09Speaker 3: one three point two, Well three point two if the
- 21:13Speaker 3: survivor dies, Now at least there's a two million dollar exemption,
- 21:16Speaker 3: you'd get it. So three point two minus two is
- 21:20Speaker 3: one point two. Now you ten percent about one hundred
- 21:25Speaker 3: and twenty thousand dollars in tax under the current plan. Yep.
- 21:30Speaker 3: Why because remember the IRA money two million has to
- 21:34Speaker 3: pass to the surviving spouse. That's better from an income
- 21:38Speaker 3: tax perspective for the IRA, but not necessarily in a
- 21:43Speaker 3: state tax perspective, as you just saw here.
- 21:46Speaker 2: And how would it work if you have just the
- 21:48Speaker 2: one trust instead?
- 21:49Speaker 3: So instead we put together a joint trust. Now in
- 21:53Speaker 3: the joint trust we're able to put the whole two
- 21:56Speaker 3: point two million dollars in. Obviously, the I money still
- 22:00Speaker 3: has to stay outside the trust.
- 22:02Speaker 1: All right.
- 22:03Speaker 3: Now I got two point two million dollars in there
- 22:05Speaker 3: in a joint trust, regardless of who contributed to it,
- 22:10Speaker 3: which they likely would have both put their half in.
- 22:14Speaker 3: On the first death, I can get full inclusion in
- 22:19Speaker 3: the estate of the first to die by something called
- 22:21Speaker 3: a general power of appointment. It's language we put in
- 22:25Speaker 3: the trust that says, regardless of who contributed the assets,
- 22:30Speaker 3: when one dies, not half the assets are included, but
- 22:35Speaker 3: the other half that the other one put in is
- 22:37Speaker 3: the survivor also included.
- 22:40Speaker 2: So now you can get that whole example.
- 22:42Speaker 3: So now with two point two million dollars dollars in
- 22:44Speaker 3: the trust. I'm going to be able to shelter two
- 22:46Speaker 3: million and put two hundred thousand in the q TIP.
- 22:50Speaker 3: So now I've backed out two million, and now on
- 22:53Speaker 3: the second death, she's worth two point two minus two.
- 22:58Speaker 3: Were at two hundred dollars, and there's some expenses and deductions.
- 23:03Speaker 3: Maybe there's ten grand due. I mean we would save
- 23:05Speaker 3: one hundred and ten thousand dollars in tax by using
- 23:09Speaker 3: a joint trust. Folks. Sometimes joint trusts are better for
- 23:14Speaker 3: moderate estates under the federal exemption. Times two. Get the guide, folks.
- 23:20Speaker 3: Learn all the different type Top seven estate planning trusts.
- 23:25Speaker 3: Learn which trust is right for you eight six six
- 23:29Speaker 3: eight four eight five six nine nine or Legal Exchange
- 23:33Speaker 3: show dot com and you can download it right there.
- 23:36Speaker 2: You've been listening to Todd Lutsky, a partner with the
- 23:39Speaker 2: law firm of Cushing and Dolan. I'm Susan Powers, a
- 23:43Speaker 2: financial advisor with the Armstrong Advisory Group, and Todd will
- 23:46Speaker 2: be answering your close listener questions when we return to
- 23:50Speaker 2: the Legal Exchange with Todd Lutsky.
- 23:52Speaker 1: Cushing and Dolan are experts in elder life planning and taxation.
- 23:56Speaker 1: They know that every family is unique and that every
- 23:58Speaker 1: estate plan must be different. Early planning is crucial if
- 24:01Speaker 1: you want to stress for your retirement, and trusts are
- 24:04Speaker 1: oftentimes the document of choice to help protect your assets,
- 24:07Speaker 1: but with so many kinds of trusts, you need to
- 24:09Speaker 1: learn about which one is right for your plan. Revocable
- 24:12Speaker 1: and irrevocable trusts are most common, but there are several differences,
- 24:15Speaker 1: as well as numerous tax implications with each. If you
- 24:18Speaker 1: are ready to start your planning or need a refresh
- 24:20Speaker 1: and existing plan, call Cushing and Dolan and ask for
- 24:23Speaker 1: their new guide called Dmistifying the Top seven Estate Planning Trusts.
- 24:27Speaker 1: Learn how to protect your assets and potentially eliminate your
- 24:30Speaker 1: estate taxes. Call eight six six eight four eight five
- 24:33Speaker 1: six ninety nine right now and ask for your guide today.
- 24:36Speaker 1: That's eight six six eight four eight five six nine nine,
- 24:39Speaker 1: or request it online at Legal exchange show dot com.
- 24:42Speaker 1: The proceeding was paid four and the US expressed are
- 24:44Speaker 1: solely those of Cushing and Dolan. Cushing and Dolan and
- 24:46Speaker 1: or Armstrong Advisory may contact you offering legal or investment services.
- 24:49Speaker 1: Cushing and Dolan and Armstrong Advisory do not endorse each
- 24:51Speaker 1: other and are not affiliated.
- 24:53Speaker 5: If you're approaching or have recently reached the age of
- 24:55Speaker 5: seventy three, required minimum distributions should be a key consideration
- 24:59Speaker 5: as you have valuate your retirement strategy. HI, this is
- 25:02Speaker 5: Mike Armstrong from the Armstrong Advisory Group. There are several
- 25:05Speaker 5: factors to think about when it comes to rmds, including
- 25:08Speaker 5: the types of accounts that require rmds, when to take
- 25:10Speaker 5: your withdrawals, how your RMD is calculated, and the penalty
- 25:14Speaker 5: for missing all or part of an RMD. That's what
- 25:16Speaker 5: our new guide this month is all about. It's called
- 25:18Speaker 5: Frequently asked Questions about required minimum distributions and you can
- 25:22Speaker 5: get your copy today by calling eight hundred three nine
- 25:25Speaker 5: three four zero zero one. Rmds are a key part
- 25:28Speaker 5: of your retirement strategy, so don't delay. Get your guide
- 25:31Speaker 5: today by calling eight hundred three nine three four zero
- 25:34Speaker 5: zero one. That number one more time, eight hundred three
- 25:37Speaker 5: nine three four zero zero one.
- 25:38Speaker 1: The proceeding was paid for by Armstrong Advisory Group, a
- 25:41Speaker 1: registered investment advisor. Nothing in the ad or in any
- 25:43Speaker 1: Armstrong guide a specific financial, legal or tax advice. Consult
- 25:46Speaker 1: your own financial tax into state planning advisors before making
- 25:49Speaker 1: any investment decisions, Armstrong may contact you to offer investment
- 25:52Speaker 1: advisory services.
- 25:53Speaker 6: Last year, we introduced you to Mark Vodder, CEO of
- 25:56Speaker 6: Veterans Development Corporation. Mark is a career military man and
- 26:00Speaker 6: we're proud to have him back as the presenting sponsor
- 26:02Speaker 6: of the twenty twenty four DAV five K Boston.
- 26:05Speaker 7: I'm a proud member of a military family, including my father,
- 26:08Speaker 7: Victor and my brother Timmy serving my country was one
- 26:12Speaker 7: of the greatest achievements of my life and it's why
- 26:14Speaker 7: I choose to give back to this special community. My
- 26:18Speaker 7: father build Veterans Development Corporation, and I am honored to
- 26:21Speaker 7: continue his legacy of working to help many disabled veterans
- 26:25Speaker 7: in their families. It also gives me great pleasure to
- 26:28Speaker 7: once again be the presenting sponsor of this year's DAV
- 26:31Speaker 7: five K Boston. I hope that by sharing my story,
- 26:34Speaker 7: many other disabled veterans will be able to reach their
- 26:37Speaker 7: goals once they conclude their service.
- 26:39Speaker 6: Veterans Development Corporation is proud to be the presenting sponsor
- 26:42Speaker 6: of this year's DAV five K, taking place on Saturday,
- 26:46Speaker 6: November ninth at Fort Independence in South Boston. To register
- 26:49Speaker 6: for this year's race. Visit dav five k dot Boston.
- 26:53Speaker 1: You're listening to the Legal Exchange and it's time for
- 26:57Speaker 1: ask Todd, the segment where Tom will answer. You are
- 27:00Speaker 1: questions about anything and everything that's included in the estate
- 27:03Speaker 1: planning process. Once again, here's Todd Lutsky and Susan Powers.
- 27:10Speaker 2: Welcome back, Todd. We have a few questions from listeners.
- 27:12Speaker 2: First question comes from Carol and Salmoth Mass and Carol writes,
- 27:16Speaker 2: my only son has been in some financial trouble in
- 27:19Speaker 2: the past, and he has an estranged ex girlfriend that
- 27:22Speaker 2: claims he is the father of her child. If he
- 27:26Speaker 2: were to inherit money from me, could an alleged child
- 27:29Speaker 2: go after his inheritance? How about once he passes away,
- 27:33Speaker 2: could they go after his estate? He stands to inherit
- 27:36Speaker 2: around two million.
- 27:39Speaker 3: Ooh, there's no trust here, right, it's just a will
- 27:43Speaker 3: or we don't know what's just.
- 27:44Speaker 2: So she doesn't say anything, So I think she's looking
- 27:47Speaker 2: for a solution.
- 27:48Speaker 3: Yeah, it's interesting because and I'll just tell you what
- 27:52Speaker 3: our trust says. I know, when we define, we have
- 27:55Speaker 3: a definition section about children child children issue, and we
- 28:00Speaker 3: define that, but we also define like if you're adopted legally,
- 28:07Speaker 3: then you fit the description of child children issue. If
- 28:10Speaker 3: you're a stepchild, clearly you're out. That doesn't mean anything,
- 28:15Speaker 3: so you would not be included. And we have language
- 28:18Speaker 3: that says a child born out of wedlock. And this
- 28:23Speaker 3: is interesting to be because is this Caroll No, my son,
- 28:27Speaker 3: her son's ex girlfriend. So they were not married, so
- 28:30Speaker 3: this is the son. So our our document says a
- 28:35Speaker 3: child born out of wedlock is deemed to be the
- 28:40Speaker 3: child of the mother only unless they marry or maybe
- 28:45Speaker 3: prove paternity. Well, that didn't happen here. So if it
- 28:50Speaker 3: was our trust, I think the son would be that
- 28:54Speaker 3: she wouldn't have any any She would not be in
- 28:58Speaker 3: or the kid when would not be in because it
- 29:01Speaker 3: would be deemed the child of the mother, not the
- 29:04Speaker 3: child or son, so it couldn't be a grandparent.
- 29:06Speaker 2: So in this case, if her son predeceases her, then
- 29:09Speaker 2: that child would not have no standing.
- 29:11Speaker 3: Well would not yeah, it would not get it, not
- 29:13Speaker 3: about the standing question, but would certainly not not be
- 29:18Speaker 3: listed as someone who's supposed to take.
- 29:20Speaker 2: So he so he's got that going on. He also
- 29:22Speaker 2: has financial troubles. What would you recommend for her in
- 29:25Speaker 2: terms of sounds like his inheritance shouldn't just be putting
- 29:29Speaker 2: his own name in his own hands, right if he's
- 29:32Speaker 2: got financial troubles to boot.
- 29:33Speaker 3: So this is how Carol wants to leave to her
- 29:36Speaker 3: son son. Yeah. Yeah, And just another comment on this
- 29:40Speaker 3: child out of wedlock thing. You know, arguably, if there's
- 29:45Speaker 3: just an estate going on and you don't have that
- 29:47Speaker 3: trust with that definition in there, and this child's able
- 29:50Speaker 3: to come out and show that they are a blood child,
- 29:53Speaker 3: they might they might have standing to sue. I don't know,
- 29:56Speaker 3: but I imagine they might. They might have standing to
- 29:58Speaker 3: sue there. So big big issue there. So when you
- 30:03Speaker 3: have these issues, you're right rather than prior to play
- 30:05Speaker 3: guesswork as to whether this person is in or this
- 30:08Speaker 3: person is out to your planning and make it clear.
- 30:12Speaker 3: So in this case, I would say, you know, I'm
- 30:14Speaker 3: going to leave something to my son if I want to,
- 30:16Speaker 3: but I'm going to hold it in trust, right, I'm
- 30:19Speaker 3: not just going to let it go right out and
- 30:21Speaker 3: then control it from the grave. That way you can
- 30:23Speaker 3: sort of see in case there's a divorce, in case
- 30:26Speaker 3: there's you know, it goes out to him and his kids,
- 30:31Speaker 3: but you have to make it clear that well, I
- 30:33Speaker 3: mean you can't. I mean, if he's got a kid,
- 30:37Speaker 3: maybe you want to define again children are, which one
- 30:40Speaker 3: born out of wedlock or you could specifically write the
- 30:43Speaker 3: ones you want in and that way, someone who's not
- 30:47Speaker 3: included in the list arguably is disinherited, and then you
- 30:51Speaker 3: can protect it inside this trust all the way down
- 30:54Speaker 3: to the next generation. So that way these outside forces
- 30:57Speaker 3: for the kid maybe won't.
- 31:00Speaker 2: Would that also protect him from financial issues he might have?
- 31:04Speaker 3: Yeah, So if it's own inside this trust, it's divorced proof.
- 31:07Speaker 3: Any creditor right can't get it. So if he's got
- 31:10Speaker 3: some creditor chasing him, if it's in the trust after
- 31:13Speaker 3: Mom dies, Carol dies, and he doesn't own it, well
- 31:17Speaker 3: then it's not an asset. They can't get it. Other
- 31:21Speaker 3: than if the trustee, the disinterested trustee, makes a distribution
- 31:24Speaker 3: so he can.
- 31:25Speaker 2: Still access it.
- 31:26Speaker 3: Would that trustee Yeah, So I mean, if this kid's
- 31:29Speaker 3: in trouble and you know, they say, look, I need
- 31:31Speaker 3: money to bail me out here or something, Yeah, I mean,
- 31:33Speaker 3: you can make the distribution, but it's in the trustees discretion,
- 31:37Speaker 3: which is what ultimately protects it from the creditor and
- 31:40Speaker 3: the ownership situation protects it from the creditor.
- 31:42Speaker 2: Got it.
- 31:43Speaker 3: So yeah, she needs to set up a trust in
- 31:45Speaker 3: detail about how to control when this property goes out,
- 31:50Speaker 3: and that will take care of it, I think all
- 31:52Speaker 3: the way around. So it folks, that's all part of
- 31:55Speaker 3: this guide. These trusts are not only here to tell
- 31:58Speaker 3: you how they operate while you're living, what happens when
- 32:02Speaker 3: you die. You can control things from the grave, as
- 32:05Speaker 3: this example indicates. Learn what type of trust is right
- 32:08Speaker 3: for you. There's the top seven estate planning trust guide
- 32:11Speaker 3: we're giving away this month. If you've never got your
- 32:13Speaker 3: estate planning started, this will be help you rather get
- 32:17Speaker 3: off on the right foot because you might be able
- 32:19Speaker 3: to better choose which trust is right for you. There's
- 32:23Speaker 3: about seven of them, from revocable to irrevocable, listed, special
- 32:26Speaker 3: needs trust, sole benefit trust, things that you don't think
- 32:29Speaker 3: about all the time but might have disabled children, et cetera.
- 32:34Speaker 3: Eight six six eight four eight five six nine nine
- 32:38Speaker 3: or Legal Exchange Show dot com again eight six six
- 32:42Speaker 3: eight four eight five six nine nine or Legal Exchange
- 32:46Speaker 3: Show dot Com.
- 32:47Speaker 2: Our last question comes from Felix in Boston, mass and
- 32:50Speaker 2: felix rights. My wife has been housebound for many years.
- 32:54Speaker 2: All of her identification documents expired many years ago, and
- 32:58Speaker 2: she's physically unable to go out to have them renewed.
- 33:02Speaker 2: If we were interested in an irrevocable trust, does a
- 33:05Speaker 2: notary need valid identification during the signing process for the
- 33:09Speaker 2: trust in other documents? How would you handle that?
- 33:12Speaker 3: Well? Yeah, I mean they do need valid. Well, when
- 33:16Speaker 3: you say valid, I mean if you have we're using this,
- 33:21Speaker 3: I d when they when they sign, I always take
- 33:24Speaker 3: a copy of the driver's license, and you do. I
- 33:27Speaker 3: mean sometimes I can take a copy of a you know,
- 33:29Speaker 3: a veteran might give me a military ID, or they
- 33:32Speaker 3: might even give me an ID that relates to them
- 33:34Speaker 3: being a gun owner or something. All I really need
- 33:37Speaker 3: is a photo ID proving who they are. That's really
- 33:42Speaker 3: what I'm looking at. So arguably an expired driver's license
- 33:46Speaker 3: but has her picture on it in her name who
- 33:49Speaker 3: she is. I'm not taking it because I want it
- 33:52Speaker 3: to be you know, that says she can drive a car.
- 33:56Speaker 3: I just need to know that that's her. It's a
- 33:58Speaker 3: fair question. I've never taken one that was expired, so
- 34:03Speaker 3: I don't know. I would I don't know what I
- 34:06Speaker 3: would do, but arguably I think that's what it is.
- 34:09Speaker 3: Lots of times what you run into is in this case,
- 34:12Speaker 3: maybe not, but lots of times what you run into
- 34:14Speaker 3: is people who have they can't drive, but they just
- 34:18Speaker 3: got an ID. You can just go to Mass you
- 34:20Speaker 3: can still get it an ID, not a driver's r
- 34:23Speaker 3: and so maybe that's what she should do. And lots
- 34:25Speaker 3: of times you can do that online these days. Yeah,
- 34:28Speaker 3: you can renew your driver's license for like ten years online.
- 34:31Speaker 3: After that, I think they want another picture. But for
- 34:34Speaker 3: the most part, there might be in this case, I
- 34:37Speaker 3: don't know if you can get up you know, an
- 34:39Speaker 3: ID online's just a MASS ID card.
- 34:42Speaker 2: Yeah, so got it. So do you guys? Do you
- 34:45Speaker 2: guys work with people who are kind of housebound like that?
- 34:48Speaker 2: Do you do house calls and things like that when
- 34:50Speaker 2: it's necessary?
- 34:51Speaker 3: Yeah? Yeah, I mean obviously you have to do that
- 34:54Speaker 3: sometimes if they can't physically get around. Now good news.
- 34:57Speaker 3: There's a lot of all of our offices are are
- 35:00Speaker 3: handicap accessible, and lots of times, even if they don't drive,
- 35:03Speaker 3: someone just wheel you know, there's a wheelchair or something
- 35:05Speaker 3: and and they'll come in. So more often than not,
- 35:08Speaker 3: we don't have to do that, but yeah, I mean
- 35:10Speaker 3: we've sent people to you know, assisted living facilities or
- 35:14Speaker 3: skilled nursing facilities where were again they could be perfectly
- 35:18Speaker 3: competent yep, just immobile, and that happens a lot now.
- 35:23Speaker 3: Obviously if they're not competent, then we're not they're not signing, right, So.
- 35:28Speaker 2: Yeah, you can do that, And how do you determine,
- 35:30Speaker 2: todd whether someone is competent, Like you meet these folks,
- 35:34Speaker 2: and I mean there's a difference in levels of competency
- 35:37Speaker 2: to sign, like their will and things like that versus
- 35:39Speaker 2: you know, oh, I'm going to take out a mortgage
- 35:41Speaker 2: or something like that, like a financial.
- 35:43Speaker 6: Right, right.
- 35:43Speaker 3: I think what you're driving at is like a contractual
- 35:47Speaker 3: uh capacity versus testamentary capacity, and there is a difference.
- 35:53Speaker 3: Obviously contractual capacity. You have a much higher standard for
- 35:58Speaker 3: testamentary capacity. You know, we usually just ask a series
- 36:01Speaker 3: of questions. Obviously we'll first find out if there is
- 36:04Speaker 3: a medical diagnosis, then we need to be careful. So
- 36:07Speaker 3: if there's a medical diagnosis, then yes, you know you're
- 36:12Speaker 3: probably not signing. But if there's no medical diagnosis, just
- 36:15Speaker 3: you know, do you know how many kids you have?
- 36:17Speaker 3: Do you know their names? Do you know where they live?
- 36:19Speaker 3: You know how many daughters versus sons? Do you know
- 36:22Speaker 3: how many grandchildren? A lot of stuff that just helps
- 36:25Speaker 3: us acknowledge the nature of their boundary. It got it, folks,
- 36:29Speaker 3: learn how to do your estate plan get it in order.
- 36:32Speaker 3: Top seven estate planning guides trusts eight six six eight
- 36:37Speaker 3: four eight five six nine nine or Legal Exchange Show
- 36:40Speaker 3: dot com.
- 36:41Speaker 2: If you have a question you would like to ask Todd,
- 36:43Speaker 2: visit his website Legal Exchange Show dot com and click
- 36:47Speaker 2: on the ask Tod tab. Maybe I'll be able to
- 36:49Speaker 2: read your question on the air, and hopefully his answer
- 36:52Speaker 2: will stop you from becoming one of his next real
- 36:54Speaker 2: life stories. You've been listening to Todd Lutsky, a partner
- 36:58Speaker 2: with the law firm of Pushing into Dolan. I'm Susan Powers,
- 37:01Speaker 2: a financial advisor with the Armstrong Advisory Group. We'll be
- 37:05Speaker 2: back with more after this quick break on the Legal
- 37:07Speaker 2: Exchange with Todd Lutsky.
- 37:10Speaker 1: Cushing and Dolan are experts in elder life planning and taxation.
- 37:13Speaker 1: They know that every family is unique and that every
- 37:15Speaker 1: estate plan must be different. Early planning is crucial if
- 37:18Speaker 1: you want to stress free your retirement and trusts are
- 37:21Speaker 1: oftentimes the document of choice to help protect your assets,
- 37:24Speaker 1: but with so many kinds of trusts, you need to
- 37:26Speaker 1: learn about which one is right for your plan. Revocable
- 37:29Speaker 1: and irrevocable trusts are most common, but there are several differences,
- 37:33Speaker 1: as well as numerous tax implications with each. If you're
- 37:35Speaker 1: ready to start your planning or need are a fresh
- 37:38Speaker 1: and existing plan, call Cushing and Dolan and ask for
- 37:40Speaker 1: their new guide called Dmystifying the Top seven Estate Planning Trusts.
- 37:44Speaker 1: Learn how to protect your assets and potentially eliminate your
- 37:47Speaker 1: estate taxes. Call eight six six eight four eight five
- 37:50Speaker 1: six ninety nine right now and ask for your guide today.
- 37:53Speaker 1: That's eight six six eight four eight five six nine nine,
- 37:56Speaker 1: or request it online at legal exchange show dot com.
- 38:00Speaker 1: The preceeding was paid for and the use expressed are
- 38:01Speaker 1: solely those of Cushing and Dolan. Cushing and Dolan and
- 38:03Speaker 1: or Armstrong Advisory may contact you offering legal or investment services.
- 38:06Speaker 1: Cushing and Dolan and Armstrong Advisory do not endorse each
- 38:09Speaker 1: other and are not affiliated.
- 38:10Speaker 4: The IRS doesn't let you keep retirement funds indefinitely, so
- 38:13Speaker 4: make sure you understand the rules related to required minimum
- 38:16Speaker 4: distributions HI. This is Chucks outa from the Armstrong Advisory Group.
- 38:20Speaker 4: It's important for you to know that you must begin
- 38:22Speaker 4: taking minimal annual withdrawals from your traditional IRA, Simple IRA
- 38:27Speaker 4: four to one K plan or other retirement accounts once
- 38:29Speaker 4: you reach a certain age. These annual withdrawals will be
- 38:32Speaker 4: included in your taxable income, except for any part that
- 38:35Speaker 4: was already taxed. When to take these withdraws depends on
- 38:38Speaker 4: your exact age, so as you build your retirement strategy,
- 38:41Speaker 4: the rules regarding rmds become even more important. Call us
- 38:45Speaker 4: right now at eight hundred three nine three for zero
- 38:48Speaker 4: zero one and ask for your copy of the new
- 38:50Speaker 4: free guide called Frequently Asked Questions about rmds. That number
- 38:54Speaker 4: again is eight hundred three nine three for zero zero one.
- 38:57Speaker 1: The proceeding was paid for by Armstrong Advisory Group, a
- 38:59Speaker 1: red stood investment advisor. Nothing in the ad or any
- 39:01Speaker 1: Armstrong guide a specific financial, legal or tax advice. Consult
- 39:04Speaker 1: your own financial tax into state planning advisors before making
- 39:07Speaker 1: any investment decisions. Armstrong may contact you to offer investment
- 39:09Speaker 1: advisory services.
- 39:11Speaker 8: For forty years. Cancer Support Community has been a relentless
- 39:15Speaker 8: ally for anyone impacted by cancer, with free services provided
- 39:19Speaker 8: online and in person. With their newest location in Massachusetts.
- 39:23Speaker 8: Connect with Cancer Support Community Massachusetts for free emotional support,
- 39:28Speaker 8: educational resources, patient navigation, financial counseling and more. Six one, seven, seven, nine, seven,
- 39:35Speaker 8: three three nine one. Cancer Support mass dot org. Cancer
- 39:39Speaker 8: supportmass dot Org.
- 39:42Speaker 1: Summer is coming to an end, so it's time to
- 39:44Speaker 1: take out your planner and book a spectacular vacation in
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- 40:38Speaker 1: That's visit USVII dot com. Your tune to the Legal
- 40:43Speaker 1: Exchange with Todd Lutsky. If you are a loved one
- 40:46Speaker 1: needs a nursing homestay, call Todd right now at eight
- 40:49Speaker 1: six six eight four eight five six ninet nine and
- 40:51Speaker 1: let him make sure your assets are protected. That's eight
- 40:54Speaker 1: six six eight four eight five six nine nine, or
- 40:56Speaker 1: visit him online at Legal Exchange show dot com.
- 41:02Speaker 2: Welcome back into the Legal Exchange with Todd Lutsky. I'm
- 41:05Speaker 2: Susan Powers, a financial advice with the Armstrong Advisory Group,
- 41:09Speaker 2: and I'm joined, of course by Todd Lutsky, a partner
- 41:11Speaker 2: with the law firm of Cushing and Olan with a
- 41:14Speaker 2: master's in taxation. So Todd Life insurance can be a
- 41:19Speaker 2: tricky asset when it comes to your estate plan and
- 41:22Speaker 2: you include information in your guide about irrevocable life insurance
- 41:25Speaker 2: trust both for first to die and second to die.
- 41:29Speaker 2: So how do these airevocable trusts differ from like the
- 41:33Speaker 2: Medicaid air evocable trust that we talk about more often.
- 41:37Speaker 3: Yeah, and again first to die in second to die,
- 41:41Speaker 3: people wonder what does that even mean. It's it's the
- 41:43Speaker 3: type of insurance that's in there. It's either covering one
- 41:46Speaker 3: life or it's covering two lives. But that could be
- 41:49Speaker 3: a song for another day. That trust themselves, this category
- 41:54Speaker 3: of irrevocable trusts versus the category of Medicaid irrevocable trust,
- 42:00Speaker 3: the single biggest difference, I would say would be control. Okay,
- 42:05Speaker 3: I would say control would be the single business if
- 42:07Speaker 3: with the Medicaida revocable trust, we constantly say, how you
- 42:12Speaker 3: put it in, You get the income, you can manage
- 42:16Speaker 3: the money, you can even have distributions out. You know,
- 42:20Speaker 3: you have access to selling your house, buying another house, moving,
- 42:24Speaker 3: I mean all this control over this money you put
- 42:29Speaker 3: in an irrevocable life insurance trust. Right, One, you could
- 42:33Speaker 3: never be trustee okay. Two, you can never be the
- 42:37Speaker 3: beneficiary in any way, Okay, not income, not principle.
- 42:42Speaker 2: So you're giving it away completely.
- 42:44Speaker 3: It's not yours. You've given it away now arguably your
- 42:47Speaker 3: spouse if it's a first to die, your spouse could
- 42:51Speaker 3: have access to what's in there, but not you. Yeah,
- 42:54Speaker 3: if your spouse has access to it, you know, I
- 42:56Speaker 3: guess as long as she treats you nice, you could
- 42:58Speaker 3: go out the dinner or something.
- 43:00Speaker 2: She can pick up the tab.
- 43:01Speaker 3: Yeah, occasionally you can kind of somehow get benefits from there.
- 43:04Speaker 3: But you know, ultimately, yes, you are making a completed
- 43:08Speaker 3: gift to this particular irrevocable life insurance trust. I am
- 43:13Speaker 3: now no longer the owner of my life insurance policy,
- 43:16Speaker 3: and that's what I want, And I don't want it
- 43:18Speaker 3: in any way included in my estate when I die,
- 43:22Speaker 3: but the Medicaid trusts I don't mind. I want inclusion.
- 43:26Speaker 3: I want to step up in basis. I don't want
- 43:28Speaker 3: that here.
- 43:29Speaker 2: And that's just because of the value of the life insurance.
- 43:31Speaker 3: Sure could be a million dollar policy, two million dollar policy.
- 43:34Speaker 3: I want it to be outside my estate for state
- 43:38Speaker 3: tax purposes. Otherwise I'm paying estate taxes on life insurance
- 43:43Speaker 3: and I don't want.
- 43:43Speaker 1: To do that.
- 43:44Speaker 3: Yeah, So that's the difference is the control.
- 43:47Speaker 2: So the folks who should consider using this are those
- 43:50Speaker 2: that that life insurance will maybe make them have a
- 43:54Speaker 2: taxable estate or something like that. Who uses these?
- 43:58Speaker 3: Yeah, I think it's important to to say, you know,
- 44:01Speaker 3: when if you're looking at your estate and you say, Okay,
- 44:04Speaker 3: I'm worth four million dollars. Oh, but I got this
- 44:06Speaker 3: two million dollar term policy, all of a sudden, now
- 44:09Speaker 3: I'm worth six million dollars. Well, for federal purposes that
- 44:12Speaker 3: might not be a problem, but for Mass it is.
- 44:16Speaker 3: So does it justify the expense to create it, to
- 44:20Speaker 3: make it not only federal estate tax free, which it
- 44:23Speaker 3: arguably would have been anyway, but mass state tax free?
- 44:28Speaker 3: Might got to run the numbers. I got two million
- 44:31Speaker 3: dollars that's subject to tax. I mean, that's two hundred
- 44:34Speaker 3: thousand dollars in Mass Why do I want to give
- 44:36Speaker 3: that away? And if the federal exemptions come down, right,
- 44:39Speaker 3: who knows, you could be putting yourself into a federal
- 44:42Speaker 3: estate taxable situation. So yeah, and similarly enough, interestingly enough,
- 44:47Speaker 3: they are for grant toward trust purposes, they're the same
- 44:51Speaker 3: They still pay tax at the individual's level, just like
- 44:54Speaker 3: with the Medicaid trust. So there's no adverse income tax
- 44:58Speaker 3: consequence to having these, but big estate tax savings.
- 45:02Speaker 2: So you made a comment that if you put money
- 45:05Speaker 2: into these trusts, you can never get back at it.
- 45:07Speaker 2: You can't be the benefici, so you can't get access
- 45:09Speaker 2: to it. These are life insurance trust Would you put
- 45:13Speaker 2: money into them? Or it's not just for life insurance.
- 45:16Speaker 3: That's a great question. Yeah, you could put anything you wanted.
- 45:18Speaker 3: This is like a gifting trust as well. I decided
- 45:21Speaker 3: to gift my life insurance policy to it. And over
- 45:23Speaker 3: the years, I say, you know what, I've got extra
- 45:26Speaker 3: money I want to give away. I've got, you know,
- 45:28Speaker 3: three kids and three grandkids, and I can throw eighteen
- 45:31Speaker 3: thousand dollars time six free into this trust every year
- 45:36Speaker 3: if I want to, and then have you manage the money,
- 45:38Speaker 3: invest it any way you want, and off and running
- 45:40Speaker 3: we go. And it's out of my estate for state
- 45:43Speaker 3: tax purposes, and my kids can access it, and I
- 45:47Speaker 3: can kind of control it, you know, through the trustee
- 45:50Speaker 3: and whatnot. I'm not trustee, but you know, at least
- 45:52Speaker 3: I know they don't have it in their pocket yet, right,
- 45:55Speaker 3: And it's not subject to their estate taxes either, depending
- 45:59Speaker 3: on how you draft that. I love it. Yep, folks,
- 46:03Speaker 3: that's just one of the seven trusts mentioned in our
- 46:08Speaker 3: top seven estate planning trust guide that we're giving away
- 46:11Speaker 3: this month. Learn which trust is right for you. Regular
- 46:14Speaker 3: revocable trust. Now you've heard a little bit about the
- 46:17Speaker 3: differences between medicaid or revocable and life insurance here revocable.
- 46:21Speaker 3: Maybe you've got a special needs child and you want
- 46:23Speaker 3: to learn about a special needs trust. Folks, get the guide.
- 46:27Speaker 3: And most importantly, realty trusts are in here. I keep
- 46:29Speaker 3: forgetting to talk about those, but they're not really trust.
- 46:32Speaker 3: So if you have one of those, please get this
- 46:34Speaker 3: guide to learn how it actually works. Eight six six
- 46:38Speaker 3: eight four eight five six ninety nine or Legal Exchange
- 46:42Speaker 3: show dot com. You can download it there eight six
- 46:45Speaker 3: six eight four eight five six nine nine or Legal
- 46:49Speaker 3: Exchange Show dot com.
- 46:51Speaker 2: So keeping in the theme of life insurance, because people
- 46:55Speaker 2: are oftentimes confused about what they should do with their
- 46:58Speaker 2: life insurance. So I understand the larger life insurance. You
- 47:02Speaker 2: want to keep it out of your taxable estate. What
- 47:04Speaker 2: about if you just have like a term policy or
- 47:07Speaker 2: even a whole life policy, not a giant one, but
- 47:10Speaker 2: you know, you want to make sure that you know,
- 47:13Speaker 2: if you've done your estate planning, what do you do
- 47:16Speaker 2: with it? Do you transfer it into your trust? Do
- 47:19Speaker 2: you just change the beneficiary? What do you do with
- 47:21Speaker 2: your regular life insurance. It's not giant if you don't
- 47:25Speaker 2: have one of these irrevocable life insurance.
- 47:27Speaker 4: Yeah.
- 47:27Speaker 3: So if it's not we'll say even using the word giants,
- 47:30Speaker 3: so it's one that doesn't seem to be causing you
- 47:34Speaker 3: an estate tax problem. Yes, let's say that, I mean
- 47:37Speaker 3: a significant estate tax problem, because you know these trusts
- 47:40Speaker 3: are you got to spend some money to set them up. Sure,
- 47:42Speaker 3: so it's got to make economic sense to do this.
- 47:45Speaker 3: So if not, then you want to make sure that
- 47:50Speaker 3: if it's a revocable trust estate plan that you have, again,
- 47:54Speaker 3: we don't need the islet. Now we're assuming we don't
- 47:56Speaker 3: need the islant because it's not causing an estate taxable problem. Well,
- 48:01Speaker 3: then you want to make sure you at a bare
- 48:02Speaker 3: minimum change the designated beneficiary. And this is important. This
- 48:06Speaker 3: comes back to this funding concept that we talk about
- 48:09Speaker 3: over and over. When you have your revocable trusts in place,
- 48:13Speaker 3: make sure the designated beneficiary on the life insurance policy
- 48:18Speaker 3: is not your spouse, okay, because if it is, it's
- 48:22Speaker 3: bypassing your state. It's bypassing your trust. It's not being
- 48:27Speaker 3: sheltered first Aid tax purposes. You want it, it's included
- 48:32Speaker 3: in your estate anyway, you might as well have it
- 48:36Speaker 3: get to your trust. So make the beneficiary of the
- 48:39Speaker 3: life insurance policy your revocable trust. You don't need to
- 48:43Speaker 3: change the owner, just the beneficiary.
- 48:48Speaker 2: So what if you're older and you are not doing
- 48:51Speaker 2: revocable trust, you're doing irrevocable trusts. Does the same thing
- 48:54Speaker 2: hold true?
- 48:55Speaker 3: Oh you mean like a medicaid trust?
- 48:58Speaker 1: Yeah? No, very.
- 49:03Speaker 3: So what we would do there is I would make again,
- 49:06Speaker 3: I generally can't change the owner anyway, because if I'm
- 49:09Speaker 3: paying premiums every time you paid a premium on a
- 49:13Speaker 3: life insurance policy you don't own because it's in a
- 49:15Speaker 3: medicaid trust, you'd be creating a new five year waiting
- 49:19Speaker 3: period for Medicaid eligibility. Well that's never helpful, so probably
- 49:23Speaker 3: that would not go in there. I would instead make
- 49:26Speaker 3: the designated beneficiary the estate of the owner.
- 49:31Speaker 2: That screams probate to me. How would you do that.
- 49:34Speaker 3: So that one item would go to probate, I get it.
- 49:37Speaker 3: But by having it go to probate, now it'll get
- 49:39Speaker 3: into the testamentary trust, remainder share sheltered for state tax
- 49:44Speaker 3: purposes for the surviving spouse, which is what I want.
- 49:47Speaker 3: The surviving spouse will have access to both income and principle,
- 49:53Speaker 3: so the whole face value of the life insurance to
- 49:57Speaker 3: live on and enjoy. However, if she gets sick the
- 50:02Speaker 3: next day, it's immediately protected from the nursing home for
- 50:06Speaker 3: the family, so no look back on that, no five
- 50:08Speaker 3: year lookback period on that. Whereas if you name the
- 50:11Speaker 3: spouse still subject to a state tax, still at risk
- 50:14Speaker 3: for the nursing home, on and on we go, not
- 50:17Speaker 3: sheltered for state taxes. I wouldn't do that. I would
- 50:21Speaker 3: set up the testamentary trust and name the estate. The
- 50:24Speaker 3: little bit of probate you have to deal with for
- 50:26Speaker 3: one item, you know what I think. The pros outweigh
- 50:29Speaker 3: the cons Folks, call and learn what trust is right
- 50:32Speaker 3: for you. Get the guide eight six six eight four
- 50:35Speaker 3: eight five six nine nine or Legal Exchange show dot com.
- 50:39Speaker 3: Top seven Estate planning trusts.
- 50:44Speaker 2: Todd Lutsk from the law firm of Cushion and Dolan.
- 50:47Speaker 2: 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 grew.
- 50:54Speaker 2: We thank you for joining us today and we'll be
- 50:56Speaker 2: back again next week on the Legal Exchange with Todd Lutske.
- 51:00Speaker 1: Cushing and Dolan are experts in elder life planning and taxation.
- 51:03Speaker 1: They know that every family is unique and that every
- 51:05Speaker 1: estate plan must be different. Early planning is crucial if
- 51:08Speaker 1: you want to stress for your retirement, and trusts are
- 51:11Speaker 1: oftentimes the document of choice to help protect your assets,
- 51:14Speaker 1: but with so many kinds of trusts, you need to
- 51:16Speaker 1: learn about which one is right for your plan. Revocable
- 51:19Speaker 1: and irrevocable trusts are most common, but there are several
- 51:22Speaker 1: differences as well as numerous tax implications with each. If
- 51:25Speaker 1: you are ready to start your planning or need are
- 51:27Speaker 1: a fresh and existing plan, call Cushing and Dolan and
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- 51:42Speaker 1: for your guide today that's eight six six eight four
- 51:45Speaker 1: eight five six nine nine, or request it online at
- 51:48Speaker 1: Legal exchange show dot com. The proceeding was paid for
- 51:50Speaker 1: and the views expressed are solely those of Cushing and Dolan.
- 51:52Speaker 1: Cushing and Dolan and or Armstrong Advisory may contact you
- 51:55Speaker 1: offering legal or investment services. Cushing and Dolan and Armstrong
- 51:57Speaker 1: Advisory do not endorse each other and are not affiliated.
- 52:00Speaker 5: If you're approaching or have recently reached the age of
- 52:02Speaker 5: seventy three, required minimum distributions should be a key consideration
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- 52:08Speaker 5: This is Mike Armstrong from the Armstrong Advisory Group. There
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- 52:45Speaker 1: The proceeding was paid for by Armstrong Advisory Group, a
- 52:48Speaker 1: registered investment advisor. Nothing in the ad or in any
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- 52:53Speaker 1: your own financial tax into state planning advisors before making
- 52:56Speaker 1: any investment decisions. Armstrong may contact you to offer investment
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- 53:31Speaker 1: Trusts are essential documents that can help protect your assets
- 53:33Speaker 1: from the nursing home call cushing and Dolan right now
- 53:35Speaker 1: at eight six six, eight four, eight five, six nine
- 53:37Speaker 1: nine and get their free guide called Demystifying the Top
- 53:40Speaker 1: seven Estate Planning Trusts. Let them help determine which is
- 53:42Speaker 1: right for you that's eight six six eight four, eight
- 53:44Speaker 1: five six ninet nine, or request the guide online by
- 53:47Speaker 1: visiting their website at legal exchainshow dot com. The proceeding
- 53:50Speaker 1: was paid for in The views expressed are solely those
- 53:52Speaker 1: of Cushing and Dolan. Cushing and Dolan and or Armstrong
- 53:54Speaker 1: Advisory may contact your offering legal or investment services. Cushing
- 53:56Speaker 1: and Dolan and Armstrong Advisory do not endorse each other
- 53:59Speaker 1: and our not affiliate it