Latest / WCHS Network Podcasts / 09/08/2025 Retire Right Radio with Anna Price
Transcript
- 0:00Speaker 1: Unlock your dream property with Meeks Realty Group, where Rich
- 0:03Speaker 1: the realtor makes real estate dreams a reality, whether it's
- 0:05Speaker 1: residential or commercial. We've got Charleston to Huntington covered. Your
- 0:09Speaker 1: key to exceptional real estate experience is start here Meeks
- 0:12Speaker 1: Realty Group. Contact us at Meeks dot us.
- 0:15Speaker 2: The views and opinions expressed on this program do not
- 0:18Speaker 2: necessarily reflect the views and opinions of five eight WCCHS
- 0:22Speaker 2: its employees or WVRC Media. This is Retire Right Radio,
- 0:27Speaker 2: a weekly show from John Verdet at Fourth Avenue Financial
- 0:31Speaker 2: that aims to answer your questions about financial planning, investing,
- 0:34Speaker 2: and how to retire right. Fourth Avenue Financial is located
- 0:38Speaker 2: in downtown Charleston at one seventy Court Street. More information
- 0:42Speaker 2: online at Fourth Avenue Financial dot com. Join the conversation
- 0:46Speaker 2: by calling three oh four three four five fifty eight
- 0:49Speaker 2: fifty eight or text three oh four nine three five
- 0:52Speaker 2: fifty oh eight.
- 0:54Speaker 3: It's a tire Rights Radio Mornings to the studio hosts
- 1:00Speaker 3: Trooper Today one asked the expert, and normally this is
- 1:05Speaker 3: John Burdett, as the announcer man said, with Fourth Avenue Financial,
- 1:08Speaker 3: but we've got a second fill in today and it's
- 1:10Speaker 3: Enterprise special counselor Bowls Rice focusing on a state planning.
- 1:15Speaker 3: She's with us and Anna, good morning. How you doing?
- 1:19Speaker 4: Good morning? I'm well, how are you?
- 1:21Speaker 3: I'm great? How do we get this job? We're both
- 1:23Speaker 3: pinch hitting today?
- 1:25Speaker 4: That's right, Well we're lucky on a Monday. I guess.
- 1:28Speaker 3: There you go, there you go. That's one way to
- 1:30Speaker 3: look at it. So it's good to have you with
- 1:34Speaker 3: us this morning. And you know, in the commercials leading
- 1:37Speaker 3: up to this show, on a weekly basis, it talks
- 1:42Speaker 3: about how important financial planning is, and that's something that
- 1:47Speaker 3: your expertise. Of course, John is expertise in that he's
- 1:50Speaker 3: on here weekly, but you're filling in here today and
- 1:53Speaker 3: that's some of the things you want to talk about, right,
- 1:55Speaker 3: is how important it is to have a financial planning
- 1:59Speaker 3: as you think about the future.
- 2:01Speaker 4: That's exactly right. So I come at this from a
- 2:05Speaker 4: little different direction than John. I have the privilege of
- 2:09Speaker 4: working with advisors like John to ensure that clients have
- 2:13Speaker 4: a comprehensive estate plan with their financial plan. So John
- 2:18Speaker 4: is the one responsible for UH maximizing the investment and
- 2:24Speaker 4: ensuring that UH that his clients are making money, and
- 2:27Speaker 4: I come from the other side to ensure that if
- 2:30Speaker 4: there's catastrophe in somebody's life, you know, incompetence or incapacity
- 2:36Speaker 4: or heaven forbid somebody passes away, that all of their
- 2:41Speaker 4: affairs are in order and that assets are pasting as
- 2:43Speaker 4: tax efficiently and smoothly as possible.
- 2:46Speaker 3: Okay, that gets into a state planning, and so a
- 2:49Speaker 3: state why don't you go ahead and discuss a state planning.
- 2:53Speaker 3: If you just give me a kind of a definition,
- 2:55Speaker 3: everyonell go from there.
- 2:57Speaker 4: Sure. So, estate planning can be as simple as designating
- 3:02Speaker 4: a beneficiary to an account or it can be as
- 3:05Speaker 4: complex as preparing trusts and powers of attorney. But if
- 3:10Speaker 4: I had to put a definition on it, it would
- 3:12Speaker 4: be designating the correct people to ensure that your wishes
- 3:17Speaker 4: are carried out upon a catastrophic event.
- 3:22Speaker 3: And I think some people think that that's only for
- 3:24Speaker 3: people that are very wealthy, but that's not the case.
- 3:27Speaker 4: You're right, you're right. Some of the most in depth
- 3:30Speaker 4: estate plans that I have done don't involve mass sums
- 3:36Speaker 4: of assets. Instead, they're more focused on the family structure
- 3:40Speaker 4: or just the needs of the individual or the types
- 3:44Speaker 4: of beneficiaries that we that.
- 3:46Speaker 3: We encounter and how can it get you kind of
- 3:51Speaker 3: talk about the family relations How kind of messy can
- 3:55Speaker 3: it get if this isn't done. I mean, you can
- 3:58Speaker 3: kind of get especially if you have a lot of
- 3:59Speaker 3: people people involved, right, and there's really no direction. It
- 4:02Speaker 3: can get. I'm sure at times you can get messy
- 4:05Speaker 3: and can get you know, really be an emotional thing.
- 4:08Speaker 3: There's a death and just things just aren't laid out
- 4:12Speaker 3: and it can get really messy.
- 4:14Speaker 4: Sure, So I always joke that these are the Disney
- 4:20Speaker 4: movies that are that are gone wrong. You know, we
- 4:22Speaker 4: deal with evil stepmothers and evil step children, and a
- 4:27Speaker 4: lot of times we deal with sons in law and
- 4:32Speaker 4: daughters in law that don't have a good relationship with
- 4:36Speaker 4: the client. We deal with the outside factors with those families.
- 4:42Speaker 4: Certainly in our area, you know, we see families who
- 4:45Speaker 4: have substance abuse, who have divorce, who have just the
- 4:50Speaker 4: inability to manage assets. So there are a lot of
- 4:55Speaker 4: different factors of course that can can negatively impact. And
- 5:01Speaker 4: families are difficult, right, So that's what makes them entertaining
- 5:05Speaker 4: on sitcoms and in movies because of the different personalities,
- 5:10Speaker 4: and each family is different, and we are dealing with
- 5:14Speaker 4: all of the differences of those families. We even have
- 5:17Speaker 4: situations where certain children or family members will feel entitled
- 5:24Speaker 4: to a certain amount of somebody's in a state because
- 5:27Speaker 4: whether they've cared for them or they just feel that
- 5:31Speaker 4: they should receive it above somebody else. And a lot
- 5:35Speaker 4: of times, in addition to ensuring that there is a
- 5:39Speaker 4: comprehensive play it, we're also ensuring that we're managing expectations
- 5:46Speaker 4: amongst beneficiaries and amongst the client.
- 5:50Speaker 3: And a prisis with us this morning on Fourth Avenue
- 5:53Speaker 3: Financial Ask the experts. She's filling in for John Bredette today.
- 5:56Speaker 3: She's a special counsel at Bush Rice and we're talking
- 5:58Speaker 3: about a state plan planning. And it is eight twenty six,
- 6:03Speaker 3: and so state planning would start, would it start? Where
- 6:06Speaker 3: does it start? Does it start with a will? Making
- 6:08Speaker 3: sure you have a will?
- 6:11Speaker 2: Yeah?
- 6:11Speaker 4: I think so. So you know, generally we like clients
- 6:16Speaker 4: to fill out a questionnaire, come in and we go
- 6:20Speaker 4: through through what your last wishes would be, but also
- 6:25Speaker 4: designating those powers of attorney. So a will would definitely
- 6:28Speaker 4: be a simple, great start to initiating the estate planning.
- 6:34Speaker 3: Okay, so tell so line out the process if you would.
- 6:36Speaker 3: Once you, guys, do you start with an initial meeting?
- 6:39Speaker 3: Someone contact? How does that all that work?
- 6:42Speaker 4: Yeah? So generally people contact my office, we set up
- 6:45Speaker 4: an appointment, and when that initial appointment is set, they
- 6:50Speaker 4: will receive a questionnaire and it asks questions about finances,
- 6:56Speaker 4: family tree, a lot of different different and aspects that
- 7:01Speaker 4: make your initial meeting go more efficiently. So we ask
- 7:07Speaker 4: that you bring that questionnaire with any prior documents that
- 7:10Speaker 4: you may have to your initial meeting. The initial meeting
- 7:14Speaker 4: is about an hour long, and within that meeting, we
- 7:18Speaker 4: will actually determine the structure of the plan that you
- 7:22Speaker 4: will have. We then take about two to four weeks
- 7:26Speaker 4: to draft up your state planning documents. We send those
- 7:30Speaker 4: out for review. If they look great, perfect, we set
- 7:33Speaker 4: a time to sign it. But a lot of times
- 7:35Speaker 4: people come back and we tweak until they're completely comfortable
- 7:39Speaker 4: with your plan. I always joke that you know, it
- 7:42Speaker 4: doesn't matter to me what's in your state plan. So
- 7:45Speaker 4: we want to make sure that it's something that the
- 7:47Speaker 4: client is most comfortable with and understands. We don't want
- 7:52Speaker 4: it to be so difficult that a client can't understand
- 7:54Speaker 4: what they're signing.
- 7:55Speaker 3: Yeah, that's a good point, because you know you're a lawyer.
- 7:58Speaker 3: I think can get things, can get things can get
- 8:02Speaker 3: into the legal leads there. So so how do you
- 8:05Speaker 3: how do you kind of work through that? Is that
- 8:07Speaker 3: just continue discussion and just make sure you get to
- 8:10Speaker 3: a comfortable place and there and your client is in
- 8:12Speaker 3: a comfortable place.
- 8:14Speaker 4: Sure. Absolutely So. I was a teacher before I was
- 8:19Speaker 4: an attorney, and I feel like it really goes back
- 8:22Speaker 4: to education. It's my job as the attorney to educate
- 8:26Speaker 4: client on understanding what they're signing, on what options are available,
- 8:32Speaker 4: and what would work best for their family. So sometimes
- 8:36Speaker 4: we have to go back to a little wills one
- 8:37Speaker 4: oh one or some powers of attorney one oh one.
- 8:41Speaker 4: And that's okay because this is not something that most
- 8:45Speaker 4: people do every day, but it is something that I
- 8:47Speaker 4: do every day.
- 8:49Speaker 3: What are some of you may have tested on this
- 8:50Speaker 3: a little bit. What are some of the components of
- 8:52Speaker 3: an estate plan? What does that all? What does that entail?
- 8:56Speaker 4: So the documents that I think that everyone should have,
- 9:00Speaker 4: and I mean everyone over the age of eighteen, regardless
- 9:03Speaker 4: of size of a state, is at the very least
- 9:06Speaker 4: a will which ensures that your assets passed to the
- 9:12Speaker 4: beneficiaries of your choice, a medical power of attorney, which
- 9:16Speaker 4: would allow someone to make medical decisions for you in
- 9:19Speaker 4: the event that you're unable to make them. And then
- 9:22Speaker 4: a durable general power of attorney. So that document has
- 9:27Speaker 4: a lot of names. We hear it called a financial
- 9:29Speaker 4: power of attorney, but the point of that document is
- 9:33Speaker 4: to allow the principle to name someone that they would
- 9:39Speaker 4: want to handle their financial and business affairs. That document
- 9:45Speaker 4: doesn't have to wait until someone becomes incapacitated. So if
- 9:50Speaker 4: you have someone that you really trust and they're already
- 9:53Speaker 4: assisting you with finances, I suggest go ahead and alleviate
- 9:59Speaker 4: the hurdle of being deemed incompetent and allow somebody to
- 10:03Speaker 4: be designated as your agent on that durable general financial
- 10:07Speaker 4: power of attorney. So go ahead, go ahead.
- 10:10Speaker 3: No, you're good, You're great.
- 10:12Speaker 4: I was going to say, those are the three documents
- 10:14Speaker 4: that you that I think everybody should have. Then other
- 10:19Speaker 4: circumstances sometimes dictate certain types of trust, or some people
- 10:25Speaker 4: prefer having a separate living will document, So there's a
- 10:30Speaker 4: lot of there's a lot of variations within that, but
- 10:33Speaker 4: those are the absolute three basic documents that everyone needs.
- 10:37Speaker 3: How and you mentioned everyone over eighteen. I would imagine, though,
- 10:40Speaker 3: just just knowing people, maybe some people wait, you know,
- 10:45Speaker 3: you know, when they're maybe past fifty years old or
- 10:48Speaker 3: maybe even longer before doing that. And I guess there's
- 10:51Speaker 3: a there's a risk in doing.
- 10:52Speaker 4: That, obviously, absolutely. I had a client come in and
- 10:57Speaker 4: she had turned one hundred the day before and she
- 11:00Speaker 4: is there to do her estate plans. She never had
- 11:02Speaker 4: a will before, and she said, I'm embarrassed, I've never
- 11:04Speaker 4: had a will before. And I said, well, you're not
- 11:07Speaker 4: too late. So obviously without a crystal ball, we don't
- 11:11Speaker 4: know what perfect timing would be. But I like people
- 11:16Speaker 4: to start younger rather than later. One thing I've noticed
- 11:21Speaker 4: is as my client's children become adults, they want them
- 11:26Speaker 4: to get powers of attorney in place, because a lot
- 11:29Speaker 4: of times we have clients who are paying for education,
- 11:32Speaker 4: but their children may not be as willing to share
- 11:35Speaker 4: those grades. So having the powers of attorney in place
- 11:40Speaker 4: allows the parent to access information for the adult child
- 11:45Speaker 4: in college, and.
- 11:46Speaker 3: The price is with us. She's with Bose Rice, a
- 11:48Speaker 3: special counsel. They're focusing on estate plannings, pinch hitting today
- 11:52Speaker 3: for John Burdett and now ma'am for Dale Cooper today.
- 11:54Speaker 3: Thanks for joining us here on five eight WHS. So
- 11:57Speaker 3: there are some myster are reasons why and a people
- 12:00Speaker 3: don't do this, maybe some of us human nature, But
- 12:03Speaker 3: what are the other things that you're How many conversations
- 12:05Speaker 3: have you had after you've gone through it? Someone said, well,
- 12:08Speaker 3: that's not what I heard about this. This is easier
- 12:09Speaker 3: than I thought.
- 12:11Speaker 4: Oh my gosh, I think that happens all the time.
- 12:16Speaker 4: First of all, I like to explain that I don't
- 12:18Speaker 4: have any special deal with any higher power that once
- 12:22Speaker 4: you sign this document, it doesn't mean that you're going
- 12:26Speaker 4: to meet your demise sooner rather than later. So a
- 12:30Speaker 4: lot of people are reluctant to sign because it's in place.
- 12:33Speaker 4: The other thing is that if you think about planning
- 12:37Speaker 4: for your whole life and what could happen over years
- 12:40Speaker 4: and years, it can become overwhelming. But if you think
- 12:43Speaker 4: about planning that if something happened in the next five years,
- 12:46Speaker 4: what would it look like, it's maybe a little bit
- 12:49Speaker 4: easier to make decisions if you're just looking at the
- 12:54Speaker 4: next five years. So I think that those things are
- 12:59Speaker 4: things that people makes people hesitant to start this process.
- 13:05Speaker 4: The other thing that I think makes people wait to
- 13:10Speaker 4: start the process is because they get some analysis paralysis.
- 13:14Speaker 4: They don't want to make a decision quite yet. And
- 13:18Speaker 4: that's part of my job is to ensure that I'm
- 13:21Speaker 4: sitting down with people and I'm getting to know them
- 13:24Speaker 4: so that I can recommend different options for decisions. And
- 13:28Speaker 4: that's where that group approach comes in with somebody like John,
- 13:33Speaker 4: where we like to include financial advisors and accountants and
- 13:37Speaker 4: the different professionals in your financial life because they are
- 13:42Speaker 4: all going to assist in helping make those decisions.
- 13:46Speaker 3: All right, all right, that's er price. We've got more
- 13:48Speaker 3: to talk about. We're going to take our one and
- 13:50Speaker 3: only break. Hang on with me, okay, all right, she'll
- 13:53Speaker 3: be with us and just a couple. It's going to
- 13:55Speaker 3: take our one and only break here. Oh and ask
- 13:58Speaker 3: the expert John Burdett out today. And we're getting good
- 14:01Speaker 3: information from at a price from bulls or Rice. He's
- 14:03Speaker 3: a special council there with estate planning. Moving back in
- 14:07Speaker 3: a moment, this is asked the expert on five ad WCCHS,
- 14:11Speaker 3: the voice of Charleston.
- 14:12Speaker 5: Retiret Radio is sponsored by Fourth Avenue Financial, which is
- 14:15Speaker 5: solly responsible for its content. Security is offered through jw
- 14:18Speaker 5: CL Financial member fen RECIPIIC Investment advice offered through jw
- 14:21Speaker 5: COL Advisors. Fourth Avenue Financial, jw CL Financial and jw
- 14:25Speaker 5: COL Advisors are unaffiliated entities. The opinions expressed by John
- 14:28Speaker 5: Burdett should not be construed as specific investment, legal, or
- 14:31Speaker 5: tax advice. All economic and performance information is historical and
- 14:35Speaker 5: not indicative of future results. Investing may involve risk of
- 14:38Speaker 5: loss of principle. Any tax advice on this show is
- 14:41Speaker 5: not intended to be used by any person for the
- 14:43Speaker 5: purpose of avoiding US federal or state tax penalties that
- 14:47Speaker 5: may be imposed on such a person, and each listener
- 14:49Speaker 5: should seek advice from their tax advisor or legal console
- 14:53Speaker 5: on topics that arise from the show. John Burdett is
- 14:55Speaker 5: not providing legal or tax advice. Nothing should be construed
- 14:58Speaker 5: as solicitation of an offer to buy securities. This program
- 15:01Speaker 5: is sponsored by Fourth Avenue Financial, which is solely responsible
- 15:04Speaker 5: for its content.
- 15:06Speaker 6: With the right support and care, a seed can grow
- 15:09Speaker 6: into a resilient plant. Recovery takes patience, intention, and a
- 15:15Speaker 6: willingness to listen. Every path is different, and every story
- 15:19Speaker 6: of substance use is an opportunity for transformation. When it
- 15:23Speaker 6: comes to growing and restoring our communities, we need everyone
- 15:27Speaker 6: to break through addiction. Learn more at back to Life
- 15:32Speaker 6: wv dot org.
- 15:35Speaker 7: Retirement is in a finish line. It's a new beginning,
- 15:37Speaker 7: but are you really ready? I'm John bred Out with
- 15:40Speaker 7: Fourth Avenue Financial and I help people just like you
- 15:42Speaker 7: turn confusion into confidence. Whether retirement is five years away
- 15:46Speaker 7: or right around the corner, now is the time to
- 15:49Speaker 7: make a smart plan.
- 15:50Speaker 2: Let's make sure your.
- 15:51Speaker 7: Retirement income lasts as long as you do. Call today
- 15:54Speaker 7: or visit Fourth Avenue Financial dot com. Fourth Avenue Financial
- 15:58Speaker 7: Retirement Done Right Securities offered through jennyco fin Angel Incorporated.
- 16:01Speaker 7: Member fin Recipic Advisory Services offered through jennym Call Advisors Incorporated.
- 16:06Speaker 2: This is Retire Right Radio with John Burdett from Fourth
- 16:10Speaker 2: Avenue Financial, taking your calls at three oh four three
- 16:13Speaker 2: four five fifty eight fifty eight or texts on three
- 16:16Speaker 2: oh four nine three five fifty oh eight.
- 16:22Speaker 3: You're tyre Right Radio and five adwchs The Forces Charles A.
- 16:25Speaker 3: Thirty seven J Jenkins for Cruture Today and for time
- 16:29Speaker 3: for dads, enter price, especially counsel laws rights. Focusing on
- 16:32Speaker 3: the state planning, we're having a good conversation here with
- 16:35Speaker 3: Anna and Anna we're talking about a state planning. We're
- 16:38Speaker 3: talking about the meetings that you have with folks, the
- 16:40Speaker 3: documents that are important as you plan your estate. What
- 16:44Speaker 3: if you've already kind of done that, but maybe you're
- 16:48Speaker 3: you know you've done some things, but maybe you don't
- 16:50Speaker 3: think you got some questions about them. Opportunity maybe to
- 16:53Speaker 3: meet with you and go over some of those things
- 16:55Speaker 3: and maybe correct some things.
- 16:58Speaker 4: Absolutely, so life changes, right, and what we decide in
- 17:02Speaker 4: our plan may change over time. And that's the beauty
- 17:05Speaker 4: of these documents. They reflect snapshot in time, and they
- 17:09Speaker 4: can be changed so long as you are capable of
- 17:12Speaker 4: changing them. So we are happy to meet with clients
- 17:15Speaker 4: to start the process from square one, or we're happy
- 17:19Speaker 4: to assist clients in the midst of their planning. So
- 17:23Speaker 4: if you have that old will that hasn't been touched
- 17:27Speaker 4: for a long time, I am happy to review it
- 17:30Speaker 4: make sure it still says what you want it to say.
- 17:33Speaker 4: Because life changes, but so does the law, right, So
- 17:36Speaker 4: we wanted to make sure that everything is still compliant,
- 17:40Speaker 4: and these.
- 17:40Speaker 3: Are very important documents because if there are mistakes, then
- 17:44Speaker 3: that can you know, as we mentioned, call some uncomfortableness,
- 17:48Speaker 3: but also can be costly, not only you know, emotionally,
- 17:52Speaker 3: but can be costly financially.
- 17:54Speaker 4: That's right, that's right. So one facet of my practice
- 17:59Speaker 4: area probate litigation, and that is where there are those
- 18:04Speaker 4: disputes for regarding mistakes in planning documents, and they can
- 18:08Speaker 4: be extremely expensive and emotionally taxing. As you mentioned, it's
- 18:13Speaker 4: a lot for someone in the wheels of justice. Although
- 18:17Speaker 4: I have great faith in them. They turned slowly sometimes.
- 18:22Speaker 3: What would be and we were bombarded with these ads
- 18:27Speaker 3: and about you know, here's a will, download it, do
- 18:31Speaker 3: it quickly, take you ten minutes, you know, those types
- 18:34Speaker 3: of things. And I'm sure you would kind of look
- 18:37Speaker 3: at that and say, well, you probably need to take
- 18:39Speaker 3: a little longer than ten minutes to do this.
- 18:42Speaker 4: Yeah, I think so. I don't think it has to
- 18:44Speaker 4: be a super time consuming project. But these these commercials
- 18:50Speaker 4: that you're mentioning where you can download a will or
- 18:53Speaker 4: get a will template online. We joke that those are
- 18:57Speaker 4: among lawyers' favorites because they often and end up in litigation,
- 19:02Speaker 4: which is going to result in more money in a
- 19:04Speaker 4: lawyer's pocket than probably anybody else's. So, you know, we
- 19:09Speaker 4: try to make the cost for all of these documents reasonable.
- 19:14Speaker 4: There is a network of probate attorneys in West Virginia,
- 19:18Speaker 4: and I think that the overarching goal is to make
- 19:21Speaker 4: sure that people have wills, make sure that they've signed
- 19:24Speaker 4: them correctly, and make sure that the documents say what
- 19:26Speaker 4: they want. Unfortunately, a lot of those online wills just
- 19:32Speaker 4: don't do the trick or leave something to be desired
- 19:35Speaker 4: and ultimately result in cost to the family long term.
- 19:40Speaker 3: I'm interested in about just your interpersonal conversations with folks,
- 19:46Speaker 3: with your clients or people that come in and after
- 19:49Speaker 3: you get done with the process, just the relief on
- 19:51Speaker 3: their faces or you can kind of feel the tension
- 19:54Speaker 3: go away. I'm sure you've experienced that a number of times.
- 19:58Speaker 4: Absolutely, Jess. So that is that is probably what keeps
- 20:02Speaker 4: me going every day. It is it is the greatest
- 20:06Speaker 4: sense of peace when clients get this checked off their
- 20:10Speaker 4: bucket list. It's no longer hanging over their head and
- 20:13Speaker 4: they have a plan that they're comfortable with and proud of.
- 20:18Speaker 4: It is it is a great sense of relief, but
- 20:20Speaker 4: a great sense of completion as well.
- 20:23Speaker 3: So how you know can you let's drill down a
- 20:25Speaker 3: little bit on an estate planning. So say you own
- 20:28Speaker 3: some property, Say you own a house, so you have
- 20:29Speaker 3: several children, you know though some walk through some of
- 20:34Speaker 3: that on what you know might happen. What are some
- 20:36Speaker 3: of the options you know with the house or with property?
- 20:40Speaker 4: Sure, so real estate is something that you know is unique.
- 20:46Speaker 4: It's something that where a lot of West Virginians have
- 20:50Speaker 4: their greatest asset. And so real estate is obviously controlled
- 20:54Speaker 4: by a deed and there are transfer on death seeds
- 20:58Speaker 4: in West Virginia which allow for real estate to pass
- 21:02Speaker 4: outside of probate to a beneficiary that is specified and
- 21:09Speaker 4: that's something that can be changed over time as well.
- 21:12Speaker 4: But it allows the person who owns the real estate
- 21:15Speaker 4: to continue owning it for their entire life, but also
- 21:18Speaker 4: designate where it would go at their death. And wills
- 21:23Speaker 4: also control real estate, so if there is not a
- 21:27Speaker 4: transfer on death deed in place, that will would be
- 21:31Speaker 4: what controls that chain of title and you can designate
- 21:35Speaker 4: where it goes. A lot of times we see issues
- 21:39Speaker 4: where maybe a parent has three children and when they pass,
- 21:45Speaker 4: they leave the property to three kids, and maybe those
- 21:49Speaker 4: three kids don't get along as well as their parents
- 21:53Speaker 4: would hope, and sometimes that can create an issue too.
- 21:56Speaker 4: So a lot of times with planning, we also want
- 21:58Speaker 4: to consider what's the ownership going to look like after
- 22:01Speaker 4: the fact. Do we require that it be sold and
- 22:05Speaker 4: that the proceeds be split? Do we give them the
- 22:08Speaker 4: option to buy each other out? You know what options
- 22:12Speaker 4: are there. And sometimes you have a beneficiary or a
- 22:15Speaker 4: child who is residing with you and you want to
- 22:19Speaker 4: make sure that they continue to have a place to live,
- 22:22Speaker 4: but you want to make sure that upon their death
- 22:25Speaker 4: it goes back to your family. And all of those
- 22:28Speaker 4: are options within estate planning.
- 22:31Speaker 3: Enterprisis with us with bows Rice. He's in a state
- 22:33Speaker 3: planning expert and she's filling in for John Burdett today
- 22:38Speaker 3: on Fourth Avenue Financial. Let me give you a scenario. Okay,
- 22:42Speaker 3: I give you a scenario here on a state planning
- 22:44Speaker 3: Say you have a husband and wife and they don't
- 22:46Speaker 3: have a will. The husband dies. If I understand the law,
- 22:51Speaker 3: right the property goes to the wife, to the survivor.
- 22:55Speaker 3: Now she can come in and do a will right
- 22:57Speaker 3: after that for what happens after she passes.
- 23:01Speaker 4: Absolutely, so you know, depending on if they had children
- 23:07Speaker 4: or prior children from prior relationships. You know, if if
- 23:11Speaker 4: the assets due pass to the surviving spouse, she can
- 23:15Speaker 4: absolutely come in and do planning. But we do a
- 23:17Speaker 4: separate service as well, Jess, so we also will assist
- 23:22Speaker 4: in the administration of the estate. So if you have
- 23:25Speaker 4: a loved one die, we are equipped to untangle even
- 23:31Speaker 4: the messiest spider webs of a states, so we can
- 23:36Speaker 4: we can assist with that. We could assist that widow
- 23:40Speaker 4: and take that business portion off of her plate so
- 23:43Speaker 4: that she can focus on grieving and finding her new normal. Uh,
- 23:49Speaker 4: while we take care of jump to the hoops and
- 23:51Speaker 4: making sure that the estate is administered properly, that everything
- 23:55Speaker 4: has passed, that it's there are no creditors that need paid.
- 24:01Speaker 4: And then we can also follow up and do planning
- 24:04Speaker 4: for the for the wife so that she doesn't have
- 24:07Speaker 4: a mess on her hands after she passes.
- 24:10Speaker 2: Me.
- 24:10Speaker 3: Yes, a couple of things here. How many how many
- 24:15Speaker 3: folks do you get kind of like that saying you
- 24:17Speaker 3: know that you know they wish they had done a
- 24:21Speaker 3: will earlier. Now they have an Now they have they've
- 24:23Speaker 3: had a death, unfortunately, but now they have an opportunity
- 24:26Speaker 3: to do.
- 24:26Speaker 4: That, Jeff. Unfortunately, people come to see me because they've
- 24:32Speaker 4: had a bad situation. Either they have had to administer
- 24:36Speaker 4: in a state that didn't have a will and they've
- 24:39Speaker 4: said I'm never going to do this to anybody else,
- 24:42Speaker 4: or they've had a friend pass unexpectedly. So that happens
- 24:46Speaker 4: all the time more often than not.
- 24:48Speaker 3: I would say, okay, and they then they want obviously
- 24:52Speaker 3: they want to get that taken care of then right.
- 24:55Speaker 4: Right, and we can we can ensure that it's it's
- 24:59Speaker 4: not as difficult the next time. So the more planning
- 25:02Speaker 4: that's in place, the better the administration is going to be.
- 25:09Speaker 3: What those people who might be thinking about calling you
- 25:12Speaker 3: or having a meeting within a state planner, what are
- 25:15Speaker 3: some of the documents or some of the things that
- 25:17Speaker 3: they might need. And that's something you'll go over with them,
- 25:19Speaker 3: But what are some of the things that they might
- 25:21Speaker 3: need some information in one of those initial meetings.
- 25:26Speaker 4: Sure, so we like to know, of course, who your
- 25:29Speaker 4: family is and how each person is related. We like
- 25:34Speaker 4: to know if your children are working and financially stable
- 25:38Speaker 4: and responsible. We like to know if you have beneficiaries
- 25:42Speaker 4: designated to your accounts, where your accounts are, what the
- 25:47Speaker 4: average balance of those accounts is. We like to ensure
- 25:52Speaker 4: that if you have beneficiaries designated, that they are still
- 25:56Speaker 4: working for the plan that you have in place. We
- 26:00Speaker 4: like to know if somebody is on asset based government benefits,
- 26:05Speaker 4: if we need to plan to protect them from certain
- 26:10Speaker 4: liabilities leans or even just general financial catastrophes like divorce, lawsuit,
- 26:19Speaker 4: those types of things.
- 26:20Speaker 3: Okay, so that some of the things that after that
- 26:23Speaker 3: initial call is made to you, then you would talk
- 26:26Speaker 3: about that and see if they can get that information
- 26:28Speaker 3: to you.
- 26:30Speaker 4: Absolutely, so, after the initial call is made, they fill
- 26:34Speaker 4: out the questionnaire which asks a lot of the financial
- 26:37Speaker 4: information and the beneficiary designation information, and then beyond that
- 26:43Speaker 4: they will sit down and have a meeting with us,
- 26:46Speaker 4: and that's when we really get into their children and
- 26:51Speaker 4: the needs or whoever their beneficiaries are, and the needs
- 26:54Speaker 4: of those beneficiaries.
- 26:56Speaker 3: Because in the end, the decision on who the beneficiaries
- 27:00Speaker 3: are is the person you're talking to, right, some outside people, yeah,
- 27:04Speaker 3: some outside people might have an opinion on who they
- 27:06Speaker 3: should be, but they're the ones making the decision.
- 27:09Speaker 4: That's exactly right. The only person that you're not allowed
- 27:11Speaker 4: to disinherit in West Virginia is your spouse, So you know,
- 27:16Speaker 4: no one else is entitled to any portion of your estate.
- 27:21Speaker 4: Your spouse has a certain entitlement depending on how long
- 27:26Speaker 4: you've been married and whether or not there's a prenuptional
- 27:30Speaker 4: or postnuptial agreement, But everybody else is completely up to
- 27:36Speaker 4: the person who's writing the will.
- 27:38Speaker 3: One of the things you also do, and and I
- 27:40Speaker 3: see from your bios you work in elder law. How much, unfortunately,
- 27:44Speaker 3: is there of that. I mean, some are trying to
- 27:48Speaker 3: take advantage of someone who's elderly and if maybe if
- 27:50Speaker 3: they had some some of these things in place, that
- 27:53Speaker 3: would be more difficult to do.
- 27:56Speaker 4: Sure, so we do assist with the planning of runt
- 28:00Speaker 4: to try to ensure that there is not that undue
- 28:03Speaker 4: influence or that there is non exploitation of a senior.
- 28:09Speaker 4: But unfortunately, there is a lot uh and and it
- 28:13Speaker 4: is rarely a stranger, you know. Unfortunately, we see a
- 28:17Speaker 4: lot of situations where one child is taking advantage of
- 28:22Speaker 4: a parent over another child, or or just other family members,
- 28:29Speaker 4: and it can get it can get quite complicated, but
- 28:31Speaker 4: that's that's heartbreaking. But making sure that you have proper
- 28:35Speaker 4: powers of attorney in place, utilizing trust when necessary. We
- 28:42Speaker 4: we love to assist with those who need some elder
- 28:46Speaker 4: law planning, you know, planning for nursing, home care, uh,
- 28:50Speaker 4: and all those expenses that come in at the end
- 28:53Speaker 4: of life.
- 28:54Speaker 3: That those things can be confusing, right, I mean the
- 28:57Speaker 3: assistance is appreciated.
- 28:58Speaker 4: I'm sure, yes, it could be very, very confusing, and
- 29:03Speaker 4: subtimes there's not a perfect answer out there. You know,
- 29:06Speaker 4: a lot of times you're choosing between the best option
- 29:13Speaker 4: of several not so great options. But proper planning will
- 29:19Speaker 4: will increase those options.
- 29:21Speaker 3: And John talks about John Burdett, who's usually on this
- 29:23Speaker 3: show Fourth Avenue Financial talks a lot about it and
- 29:27Speaker 3: enterprisis with us. She's in a state planning it works
- 29:29Speaker 3: at Bulls Rice And to talk about that as we
- 29:32Speaker 3: wind it down here the next couple of minutes about
- 29:34Speaker 3: how now, John, if we listen to John, which we
- 29:38Speaker 3: do every week, you know, he tells us about how
- 29:40Speaker 3: important the financial side is, then how does that work
- 29:42Speaker 3: with what you do? How does that kind of job together?
- 29:47Speaker 4: Yeah, So it's a huge part because what we're planning
- 29:51Speaker 4: for are these assets that you're building with your financial
- 29:54Speaker 4: advisor like John, and so one of the things that
- 29:58Speaker 4: we work very closely together with are these beneficiary designations.
- 30:02Speaker 4: If you have a retirement account and you list your
- 30:07Speaker 4: son as the beneficiary of that retirement account, but your
- 30:11Speaker 4: will says that everything goes to your daughter, your son
- 30:15Speaker 4: is going to get that retirement account, so those beneficiary
- 30:18Speaker 4: designations do trump your will in most cases. And so
- 30:24Speaker 4: ensuring that your plan is completely comprehensive, that somebody has
- 30:29Speaker 4: sat down with you and asked what assets do you
- 30:32Speaker 4: have and how are they titled and who's the beneficiary
- 30:35Speaker 4: on that Making sure that your advisor like John, and
- 30:38Speaker 4: I know that John has done this and does do this,
- 30:42Speaker 4: is checking to say, if something happens to you, where
- 30:45Speaker 4: does this asset go and does that work with your
- 30:48Speaker 4: estate plan. Those are amongst the most important decisions that
- 30:53Speaker 4: you can make, because that's probably where I see the
- 30:56Speaker 4: greatest mistakes. And having a good team in place with
- 30:59Speaker 4: an a turn if, financial advisor, your accountant, making sure
- 31:02Speaker 4: everybody's on the same page ensures that your plan is
- 31:05Speaker 4: going to work together, and.
- 31:06Speaker 3: That can also figure in on life insurance too, right,
- 31:09Speaker 3: because yeah, yeah, because every year, if you know, we're
- 31:13Speaker 3: asked if you get life insurance through work or wherever
- 31:17Speaker 3: you get life insurance or asked and name the beneficiaries.
- 31:20Speaker 3: And sometimes we just kind of go through that and
- 31:22Speaker 3: check it real quick, don't think about it. But that's
- 31:24Speaker 3: something that should line up with what your will says.
- 31:28Speaker 4: That's exactly right. So many times I have a mother
- 31:32Speaker 4: come in and say, well, I've listed my daughter as
- 31:35Speaker 4: the beneficiary on all my life insurance because I'm sure
- 31:38Speaker 4: that she'll take care of my son. And I'm here
- 31:41Speaker 4: to tell you that that does not always happen. So
- 31:46Speaker 4: making sure that the beneficiary designations are are correct and
- 31:52Speaker 4: that's your plan are so important because they can really
- 31:58Speaker 4: undo your estate plan.
- 32:00Speaker 3: Said that, and there's something interesting, is that what you
- 32:03Speaker 3: check when there's beneficiaries trump's the will? How does that work?
- 32:08Speaker 4: Yeah, so if you have I love to use myself
- 32:12Speaker 4: as an example and say, you know, if I if
- 32:15Speaker 4: I list my sister as the bit officiary on all
- 32:22Speaker 4: of my retirement, my life insurance, my payable on death beneficiaries,
- 32:28Speaker 4: but I lift you know, a will or I have
- 32:30Speaker 4: a will that gives everything to my brother. You know,
- 32:33Speaker 4: my brother is going to be left with my probate
- 32:36Speaker 4: assets assets in my name alone, like my clothes and
- 32:40Speaker 4: shoes and jewelry, and my sister is actually going to
- 32:44Speaker 4: get the assets that are that I'm the beneficiary designation.
- 32:49Speaker 4: So that comes into play a couple of a couple
- 32:53Speaker 4: of different ways, because sometimes whoever the executor is needs
- 32:58Speaker 4: some liquidity in the state to ensure that funeral expenses
- 33:02Speaker 4: are paid, last expenses are paid, taxes are paid, and
- 33:07Speaker 4: if those all go through a beneficiary designation, the estate
- 33:12Speaker 4: does not have those assets to utilize for paying those expenses.
- 33:20Speaker 4: So it's very important that you're looking at it all together.
- 33:24Speaker 3: And you see that a lot mistakes all the time.
- 33:28Speaker 4: I would say at least once a week I speak
- 33:31Speaker 4: with somebody who says something happened with the estate. The
- 33:36Speaker 4: accounts were listed to somebody else, but the will says
- 33:39Speaker 4: that it should go here, and we have to explain.
- 33:42Speaker 4: I'm sorry, but those beneficiary designations are legal documents and
- 33:48Speaker 4: they are contracts that determine where these assets go.
- 33:51Speaker 3: When someone passes a fifty five and ask the expert
- 33:55Speaker 3: to Fourth Avenue Financial Jeff Jenkins in with you today,
- 33:58Speaker 3: with Enter Price with Bose Riceville in for John Burdett,
- 34:02Speaker 3: and just a couple more minutes here with Anna. And
- 34:04Speaker 3: you mentioned on some of the information I got before
- 34:06Speaker 3: the show, and now let's touch on this life thing.
- 34:09Speaker 3: The last thing you've touched on a little bit earlier,
- 34:11Speaker 3: but peace of mind. And so here's the question, what's
- 34:14Speaker 3: the simplest step somewhat could take this week to start
- 34:17Speaker 3: protecting their family?
- 34:20Speaker 4: Oh my goodness. Ensuring that the simplest step they can
- 34:24Speaker 4: take is ensuring their beneficiary designations are what they want
- 34:27Speaker 4: with their financial advisors. And then I would go a
- 34:30Speaker 4: step further, Jeff and say that the second step would
- 34:34Speaker 4: be to pull out that original will make sure you
- 34:37Speaker 4: have one, and if it doesn't say what you want
- 34:39Speaker 4: it to say, or you don't have one, make sure
- 34:43Speaker 4: that you are making an appointment with a licensed attorney
- 34:47Speaker 4: who does practice this type of law.
- 34:50Speaker 3: Okay, And what's the best way to get a hold
- 34:52Speaker 3: of you?
- 34:54Speaker 4: They can call me at Bulls Rice. My direct dialis
- 34:57Speaker 4: three zero four three four seven one one five four,
- 35:01Speaker 4: where they can email me at Anna A n N
- 35:04Speaker 4: A dot Price Price at Bollsrice.
- 35:08Speaker 3: Dot com and Anna, how long does the process take
- 35:10Speaker 3: from start to finish. If there's no major difficulties.
- 35:14Speaker 4: We can be finished within a month. In a month, okay, kid, yep,
- 35:19Speaker 4: we can meet and get you signed within one month.
- 35:21Speaker 3: All right, good deal. Okay, Hey, thanks for joining us
- 35:24Speaker 3: this morning. Pretty good pinch hitting.
- 35:26Speaker 4: I think, yeah, if I think so too, I think
- 35:29Speaker 4: I think AoE us lunch?
- 35:30Speaker 3: Oh do they? Okay, well, we'll see, we'll see. Anna,
- 35:33Speaker 3: thanks a.
- 35:34Speaker 4: Lot, have a good day, all right, thank you you too,
- 35:37Speaker 4: you too.
- 35:37Speaker 3: All right, Enta Price there with Bulls Rice and this
- 35:41Speaker 3: is again fourth Avenue Financial with John Burdett. And John
- 35:44Speaker 3: will be back the next time here and so we'll coop.
- 35:47Speaker 3: Thanks for joining us today. It's eight fifty seven O
- 35:50Speaker 3: five at WCHS, the Voice of Charles. Anna had to
- 35:52Speaker 3: run there. She's got a zoom call coming up, so
- 35:56Speaker 3: we let her go just a second early. But I
- 35:58Speaker 3: wanted to remind your programming today here on five EDWCCHS,
- 36:01Speaker 3: the Voice of Charleston. Don't forget coming up. We've got
- 36:06Speaker 3: five eight live at Dave Allen. That's right around the
- 36:08Speaker 3: corner after the news at nine to six, at right
- 36:12Speaker 3: around nine oh six this morning. At ten o six
- 36:14Speaker 3: this morning, it's Metro News talk Line with Dave and TJ.
- 36:18Speaker 3: And looked like they're going to focus a little bit
- 36:20Speaker 3: on the announcement that came on Friday about the Charleston
- 36:24Speaker 3: so the Sin West Virginia program which desires to attract
- 36:28Speaker 3: new people into the area a sponsored by Marshall President
- 36:32Speaker 3: Brad Smith and his wife at Lease. They're the main
- 36:35Speaker 3: sponsors there. It looks like that Marshall President Bradsmith will
- 36:40Speaker 3: be on talk line today to talk about that. Don't
- 36:42Speaker 3: forget Metro News Midday and that will head your way
- 36:46Speaker 3: at twelve o six Today, News of the Day, plenty
- 36:48Speaker 3: of informational Metro News Midday Today, Metro News Hotline with
- 36:52Speaker 3: Dave Weekly and Coop comings up your Way, Comes your
- 36:55Speaker 3: Way at three to six this afternoon, and the Metro
- 36:58Speaker 3: News Statewide Sports Line coming up this evening at six
- 37:02Speaker 3: oh six. Here on five eight WCCHS the Voice of
- 37:06Speaker 3: Charleston Reds Baseball Tonight on five ADWCCHS Reds another West
- 37:11Speaker 3: Coast swing. It was just a week before last that
- 37:15Speaker 3: they were on the West Coast for nine games. Didn't
- 37:17Speaker 3: do too well, and they have another West Coast swing
- 37:21Speaker 3: coming up beginning tonight in San Diego, and the Reds
- 37:25Speaker 3: begin the day with I think they're nineteen games left
- 37:27Speaker 3: in the season, They're four games out in the wildcard race,
- 37:31Speaker 3: and San Diego is one of those teams right ahead
- 37:34Speaker 3: of the red So let's see what they can do
- 37:36Speaker 3: with the Padres beginning tonight. Thanks for joining us today
- 37:39Speaker 3: on five EIGHTWCCHS, the Voice of Charleston, and stay tuned
- 37:43Speaker 3: to get an update from ABC News Headed your way next,
- 37:47Speaker 3: and then we'll get local news with Daniel Woods and
- 37:50Speaker 3: then five a D Live with Dave Allen Headed your
- 37:52Speaker 3: way this hour, then talk line at ten o six.
- 37:55Speaker 3: I'm Jeff Jenkins. Thanks for joining us. This is five
- 37:57Speaker 3: eight WCCHS, the Voice of Charleston.