Latest / The Legal Exchange / The basics of estate planning
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- 0:01Speaker 1: This is the Legal Exchange with Todd Lutsky from the
- 0:04Speaker 1: law firm of Cushing and Dolan and Susan Powers of
- 0:07Speaker 1: the Armstrong Advisory Group. Each week, Todd and Susan will
- 0:10Speaker 1: discuss many topics including estate planning, how to avoid probate,
- 0:13Speaker 1: and protecting your money from a nursing home. If you
- 0:16Speaker 1: need assistance in any of these areas, or have a
- 0:18Speaker 1: question about another issue that may affect your future, call
- 0:21Speaker 1: eight six six eight four eight five six ninety nine
- 0:24Speaker 1: to make an appointment. That's eight sixty six eight four
- 0:27Speaker 1: eight five six ninety nine. Operators are standing by. Now
- 0:31Speaker 1: Here are your hosts, Tod Lutsky and Susan Powers.
- 0:37Speaker 2: Welcome into the Legal Exchange with Todd Lutsky. I'm Susan Powers,
- 0:41Speaker 2: a financial advisor with the Armstrong Advisory Group, and I'm
- 0:44Speaker 2: joined by Todd Lutsky, a partner with the law firm
- 0:47Speaker 2: of Cushing and Dolan with a master's in taxation. Welcome Todd.
- 0:51Speaker 3: How are you today?
- 0:52Speaker 4: I am never better in you?
- 0:54Speaker 3: I'm great. Thanks. What do you have for us this week?
- 0:56Speaker 4: Couple of things. We've got a couple of cases.
- 0:58Speaker 5: It's a Maryland Depellate Court case, and we head over
- 1:01Speaker 5: to Iowa and we get to go to the Supreme Court,
- 1:04Speaker 5: so it's a super Bowl day for me. First one
- 1:08Speaker 5: is more about marital agreements and irrevocable trusts and you
- 1:13Speaker 5: know how they mix, how they don't mix?
- 1:16Speaker 4: Right?
- 1:16Speaker 5: So can you provide in a a second marriage situation,
- 1:20Speaker 5: you know, you put together a marital agreement guaranteeing a
- 1:24Speaker 5: spouse something like money, giving up their right to claim
- 1:29Speaker 5: other assets later, either at death or divorce, and how
- 1:33Speaker 5: do those mix in with the overall state plan. Give
- 1:35Speaker 5: this person a lot of kudos for doing some planning
- 1:37Speaker 5: after their first marriage, which is important.
- 1:39Speaker 4: But we're gonna play out the string and see.
- 1:41Speaker 5: If that actually works together, especially after you actually collect
- 1:45Speaker 5: income from this this agreement that you put together and
- 1:49Speaker 5: then try to claim that the agreement doesn't exist. We'll
- 1:52Speaker 5: see how that plays out well. Then we head over
- 1:55Speaker 5: to Iowa. We got a Supreme Court case there dealing
- 1:57Speaker 5: with really joint accounts. It's joint accounts and the problems
- 2:01Speaker 5: with them. We're going to explain how these joint accounts
- 2:04Speaker 5: were set up as a married couple and then he
- 2:07Speaker 5: decided to start taking money secretively from these joint accounts
- 2:12Speaker 5: without telling anybody, and then he went ahead and died
- 2:15Speaker 5: without an estate plan.
- 2:17Speaker 4: Well what do you think she did?
- 2:19Speaker 5: Yeah, well, we'll see what she did, and we'll see
- 2:21Speaker 5: how joint accounts work and all the pros and cons
- 2:23Speaker 5: that go with them. But folks, that's not really planning.
- 2:27Speaker 5: So if you want to not have just joint accounts
- 2:30Speaker 5: and learn how to do your own estate plan, this
- 2:33Speaker 5: guide is called back to the basics, but some parts
- 2:35Speaker 5: of me wants to say it's really your ability to
- 2:38Speaker 5: get your estate plan started, because it's an engagement letter
- 2:41Speaker 5: that I basically put together for a made up client
- 2:44Speaker 5: with fact patterns and family dynamics and money. And then
- 2:48Speaker 5: I go into a detailed explanation of all the documents
- 2:51Speaker 5: from wills and healthcares and powers of attorney and all
- 2:54Speaker 5: the basic documents that we need, culminating with a complete
- 2:57Speaker 5: description of how the irrevocable trust works to accomplish this
- 3:02Speaker 5: particular client's wishes. You then can take your own situation
- 3:08Speaker 5: attach it here see if the plan works for you.
- 3:11Speaker 5: Either way, it's gonna give you an opportunity to learn
- 3:14Speaker 5: how to begin your estate plan, to what to think
- 3:17Speaker 5: about when you're doing your estate plan along with a
- 3:20Speaker 5: lot of great planning information. Call and get the guide.
- 3:23Speaker 5: It is the end of the month, folks, it's the
- 3:25Speaker 5: last chance to get it back to the basics. Eight
- 3:28Speaker 5: six six eight four eight five six ninety nine or
- 3:32Speaker 5: Legal Exchange Show dot com again eight six six eight
- 3:36Speaker 5: four eight five six nine nine or Legal Exchange Show
- 3:41Speaker 5: dot Com. It's kind of scary. They can actually see
- 3:43Speaker 5: how I recommend things to clients with this.
- 3:46Speaker 4: That's good, interesting, good thing, folks.
- 3:49Speaker 5: Let's go to Maryland. We got a pellet cord case there.
- 3:52Speaker 4: So what happened?
- 3:53Speaker 5: Dorothy and John got married in nineteen ninety six. John
- 3:57Speaker 5: created an irrevocable trust right away to provide for Dorothy.
- 4:02Speaker 5: That's dorothy so income for life, and he throws two
- 4:06Speaker 5: million dollars into this account, and as a condition, Dorothy
- 4:12Speaker 5: would give up her right to assets additional claims against
- 4:16Speaker 5: John's assets in the event of death or divorce. They
- 4:21Speaker 5: sign the marital Property Agreement that included a release of
- 4:26Speaker 5: the rights against each other's separate property and the right
- 4:31Speaker 5: to the elective share. The elective share is wonder if
- 4:36Speaker 5: you're disinheriting a spouse, you can't just disinherit a spouse.
- 4:40Speaker 5: You have to provide something or they will go after
- 4:44Speaker 5: this for share. She's waiving that right, which you're allowed
- 4:47Speaker 5: to do. Dorothy, then over time ends up collecting four
- 4:54Speaker 5: hundred and fifty thousand dollars in income from this this
- 4:59Speaker 5: marital agreement, in this in this irrevocable trust. Well, then
- 5:05Speaker 5: John dies Well Dorothy decided to file a declaratory judgment
- 5:10Speaker 5: that said the marital agreement was void because she was
- 5:13Speaker 5: unaware of the agreement and John lacked capacity to enter
- 5:17Speaker 5: into that agreement. I know you should be looking with
- 5:21Speaker 5: a funny face.
- 5:21Speaker 2: Lacked capacity to enter the agreement, and the marriage because
- 5:25Speaker 2: it was at the same.
- 5:25Speaker 4: Time, seemed pretty close.
- 5:27Speaker 5: They didn't give us the actual dates. So what's the
- 5:33Speaker 5: estate to, Well, the estate files a motion for summary judgment, rightfully,
- 5:37Speaker 5: so I think that just means go away. You don't
- 5:39Speaker 5: really have a claim. There's there's no dispute of a
- 5:43Speaker 5: material fact here. That's what a summary judgment is. In
- 5:47Speaker 5: the trial court, no surprise granted the summary judgment because
- 5:51Speaker 5: they said, Dorothy, you accepted the benefits of the agreement,
- 5:56Speaker 5: you got the income from the trust, so you're a
- 5:59Speaker 5: stop I love that word has stopped from questioning the
- 6:03Speaker 5: validity of the irrevocable trust, which is why he said
- 6:06Speaker 5: he didn't have capacity. I think that comment goes towards
- 6:10Speaker 5: the ability to draft the trust. Her other comment was,
- 6:13Speaker 5: you know, I wasn't aware of the marital agreement.
- 6:16Speaker 2: You weren't aware that you got handed maybe a half
- 6:18Speaker 2: a million dollars close to.
- 6:19Speaker 3: It the course of the years.
- 6:21Speaker 5: Well, she appealed, so she obviously wasn't comfortable, so she
- 6:24Speaker 5: appealed to the appellate court agreed. Dorothy Year stopped from
- 6:28Speaker 5: challenging the marital property agreement because you accepted money from it.
- 6:34Speaker 5: You can't accept money from something and then claim it
- 6:37Speaker 5: doesn't exist.
- 6:37Speaker 2: Because that was basically their prena. They got divorced, she
- 6:42Speaker 2: would have gotten that, and that's it.
- 6:44Speaker 4: Kind of covered both.
- 6:45Speaker 5: So you know, I couldn't not present this case because
- 6:49Speaker 5: those facts are just egregious.
- 6:51Speaker 4: Right.
- 6:51Speaker 5: And again, folks, whether this couple is fighting or not fighting,
- 6:55Speaker 5: that isn't the issue. Let's talk about what the tips
- 6:58Speaker 5: are we can learn from this.
- 6:59Speaker 4: Right.
- 7:00Speaker 5: So, obviously it was a second marriage. So kudos for
- 7:04Speaker 5: this person stepping up to the plate and saying, look,
- 7:07Speaker 5: I want to, you know, provide protection of the assets
- 7:11Speaker 5: for his own family, but provide for her. And so
- 7:15Speaker 5: he's doing that here. And again it's important to plan
- 7:19Speaker 5: after the divorce, and he did that here. And by
- 7:21Speaker 5: the way, the trust was irrevocable from the get go,
- 7:24Speaker 5: so likely this was protected from the nursing home as well. Right,
- 7:29Speaker 5: probably had other creditor protection language in it as well.
- 7:32Speaker 5: So it's really ensuring that these assets are going to
- 7:36Speaker 5: be there for her, but in all fairness, probably also
- 7:40Speaker 5: for his side of the family right at the end
- 7:43Speaker 5: of the day.
- 7:44Speaker 4: So I don't have a problem with this.
- 7:46Speaker 5: And I'm going to share a real life story with
- 7:47Speaker 5: you because it really applies to this, and not too
- 7:50Speaker 5: long ago I had I'm working on it actually currently
- 7:52Speaker 5: that a client of mine is now entered into a
- 7:55Speaker 5: second marriage. I did the planning for her in her
- 7:58Speaker 5: first marriage, he died and we did the estate admin
- 8:01Speaker 5: and then she went away and then years later she's
- 8:03Speaker 5: now back married. Well it turns out she's marrying someone.
- 8:06Speaker 5: It's got some do now eight nine million whatever, And
- 8:10Speaker 5: basically he's getting his estate plan done by other attorneys
- 8:14Speaker 5: and they recommended that you use your own lawyer to
- 8:17Speaker 5: get your estate plan done to the wife. So so
- 8:21Speaker 5: she calls and she comes in and she says, we're gonna,
- 8:23Speaker 5: you know, do your own estate planning. But they sent
- 8:26Speaker 5: over the plan they put together for him for him
- 8:30Speaker 5: that takes care.
- 8:30Speaker 4: Of her for me to look at. And you know what,
- 8:33Speaker 4: it's not really bad.
- 8:35Speaker 5: Really basically it says when I reviewed it that basically
- 8:38Speaker 5: there's a marital share and a remainder share like you
- 8:40Speaker 5: would expect. And then it states that she gets to
- 8:43Speaker 5: live in the house for her whole life. It's a
- 8:46Speaker 5: nice place down in Florida whatever. She gets to live
- 8:49Speaker 5: in the house for her whole life. However, she must
- 8:51Speaker 5: pay for all expenses, up keep, maintenance, taxes, etc. Oh
- 8:55Speaker 5: and in addition, she is to get all the income
- 8:59Speaker 5: from I think it was the marital share or whatever
- 9:01Speaker 5: where the money was, but never less than three hundred
- 9:05Speaker 5: thousand dollars a year. So you get three hundred. Market
- 9:09Speaker 5: has a great year, and your trust earns four hundred thousand,
- 9:12Speaker 5: you get all four hundred. Ye has a bad year,
- 9:15Speaker 5: they tap into principle and you still get your three hundred.
- 9:17Speaker 4: Ye not a bad deal.
- 9:20Speaker 5: And in essence, that's basically paying that's giving her the
- 9:24Speaker 5: money to pay for the expenses to live in the house.
- 9:26Speaker 5: When you stop and think about it, right, so that's
- 9:29Speaker 5: not a bad deal at all. And so that's just
- 9:32Speaker 5: another example of a way to take care of you.
- 9:36Speaker 5: You know, these a lot of these are designed as
- 9:38Speaker 5: I love you, honey, but I don't trust you, and
- 9:41Speaker 5: so here's the stuff. And then we basically did an
- 9:45Speaker 5: estate plan for her, and he said, look, I don't
- 9:47Speaker 5: want any of your stuff, none of it when you're diye,
- 9:49Speaker 5: leave it all to your kids right away. It seems
- 9:51Speaker 5: like a relatively reasonable way to go. So, folks, that's
- 9:55Speaker 5: just planning again, second marriage. Ways to do things on
- 9:58Speaker 5: the second marriage. But this guide is back to the basics,
- 10:01Speaker 5: and you may have her done any planning. Get the
- 10:05Speaker 5: guide Learn how to kick off your estate plan. It's
- 10:08Speaker 5: a legal recommendation to a family that I made up.
- 10:12Speaker 5: Get the guide last Chance eight six six eight four
- 10:16Speaker 5: eight five six nine nine or Legal Exchange show dot com.
- 10:20Speaker 2: You've been listening to Todd Lutsky, a partner with the
- 10:23Speaker 2: law firm of Cushing and Dolan. I'm Susan Power as
- 10:26Speaker 2: a financial advisor with the Armstrong Advisory Group. We've got
- 10:30Speaker 2: much more to come when we return to the Legal
- 10:32Speaker 2: Exchange with Todd Lutsky.
- 10:35Speaker 1: If you're a nearing retirement agent are concerned about how
- 10:37Speaker 1: to protect your assets, you need to call Cushing and Dolan,
- 10:40Speaker 1: the experts in o their law. Their new guide is
- 10:43Speaker 1: called Back to the Basics, and it will help you
- 10:45Speaker 1: create a plan that will help you understand issues like
- 10:47Speaker 1: avoiding probate, passing your assets along to your family, and
- 10:50Speaker 1: potentially eliminating your estate taxes. This free guide has all
- 10:54Speaker 1: the information you need to build a safe and secure
- 10:56Speaker 1: estate plan that will give you peace of mind as
- 10:58Speaker 1: you close in on retirement. Call eight six six eight
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- 11:03Speaker 1: your free guide today. You can also request a no
- 11:06Speaker 1: obligation consultation to review any current planning you've done. Cushing
- 11:10Speaker 1: and Dolan have been helping families like yours for thirty years.
- 11:13Speaker 1: Let them help you too. Get their new guide, called
- 11:15Speaker 1: Back to the Basics today Call eight sixty six eight
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- 13:37Speaker 1: You're listening to the Legal Exchange with Todd Ludsky, an
- 13:40Speaker 1: expert in elder life planning and taxation. Need help with
- 13:43Speaker 1: your estate plan? Contid right now and make an appointment
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- 13:49Speaker 1: That's eight six six eight four eight five six nine.
- 13:51Speaker 2: Welcome back into the Legal Exchange with Todd Lutsky. I'm
- 13:55Speaker 2: Susan Powers, a financial advisor with the Armstrong Advisory Group,
- 13:58Speaker 2: and I'm joined by Todd LETTI a partner with the
- 14:01Speaker 2: law firm of Cushing and Dolan with a master's in taxation.
- 14:05Speaker 3: Where are we headed now, Todd, We're.
- 14:07Speaker 5: Gonna head over to iowaka super Bowl Supreme Court. John
- 14:11Speaker 5: and Peggy we're gonna talk about joint accounts. This is
- 14:14Speaker 5: all about joint accounts. And you're wondering how joint accounts hockeme.
- 14:17Speaker 5: It's not a trust, Todd. Well, because some people don't plan,
- 14:20Speaker 5: and they think doing a will and having joint accounts
- 14:22Speaker 5: is planning. I think we're going to find out it's not.
- 14:25Speaker 5: So John and Peggy get married in nineteen eighty. They
- 14:29Speaker 5: had jointly owned bank accounts, very common. They never distinguished
- 14:34Speaker 5: between what money went in there, like who put what in?
- 14:37Speaker 5: And that also makes sense, no one does that. They
- 14:41Speaker 5: don't specifically want to know who put what in. Well,
- 14:45Speaker 5: later on John became kind of secretive about the money
- 14:49Speaker 5: and he started making withdraws without Peggy knowing. Is he
- 14:53Speaker 5: allowed to Well, it's a joint account. The answer, yes,
- 14:57Speaker 5: he can do that. And then John went ahead and
- 15:00Speaker 5: twenty eighteen and died. Remember they were married in nineteen eighty.
- 15:04Speaker 5: Twenty eighteen, he died guess what without with a will,
- 15:09Speaker 5: not mentioning Peggy. So we all should be scratching our
- 15:13Speaker 5: head saying, how are you married that long doing estate
- 15:16Speaker 5: plan on your own and only do a will and
- 15:20Speaker 5: ignore your wife in the will.
- 15:22Speaker 3: So he did it after they were married.
- 15:24Speaker 5: I assume it doesn't say in the facts, but I
- 15:27Speaker 5: mean it's such a long time. So it was like,
- 15:29Speaker 5: why would you not have a state planning done together? Again,
- 15:32Speaker 5: that's why people get this guy. So you get started. Okay,
- 15:36Speaker 5: So we go on. So Peggy files a forced share,
- 15:39Speaker 5: of course, saying, well, wait a minute, remember we talked
- 15:41Speaker 5: about force share in the last segment. Hey, you can't
- 15:44Speaker 5: just disinherit your spouse. That's what a forced share is.
- 15:47Speaker 5: You have the right to get at least something, and
- 15:51Speaker 5: every state is different, so check with your state. She
- 15:55Speaker 5: also claimed one half of the balance of two CDs
- 16:00Speaker 5: that Peggy alleged John had purchased with their joint money. Remember,
- 16:06Speaker 5: he was taking money out of their joint account on
- 16:10Speaker 5: a regular basis, unbeknownst to her, and she thinks he
- 16:14Speaker 5: used that money to buy these CDs. He argued that
- 16:18Speaker 5: John had an unequal interest in the money in their
- 16:21Speaker 5: joint account, but he didn't.
- 16:25Speaker 4: I'm sorry.
- 16:25Speaker 5: He had an equal interest in the money, but he
- 16:28Speaker 5: had converted and diverted more of those funds than he
- 16:32Speaker 5: was entitled to it, and that's how he bought these CDs. Well,
- 16:38Speaker 5: as you might imagine, the estate filed a motion to dismiss.
- 16:42Speaker 5: Peggy did not file a conversion claim, but the court
- 16:47Speaker 5: used the legal standard of conversion to this case and
- 16:52Speaker 5: granted the estate's motion to dismiss. Why because there was
- 16:57Speaker 5: no evidence that Peggy had owned ownership interest or possessory
- 17:01Speaker 5: rights greater than John over those CDs. Well, Peggy appealed
- 17:09Speaker 5: and argued at the appellate level that they applied the
- 17:12Speaker 5: wrong standard. The court applied this conversion standard and that
- 17:18Speaker 5: shouldn't be the case, and the Supreme and the Court
- 17:23Speaker 5: of Appeals agreed wrong standard.
- 17:25Speaker 4: So Peggy has a chance.
- 17:27Speaker 5: Supreme Court affirmed conversion standard would apply if Peggy argued
- 17:33Speaker 5: that John removed money from an account he did not
- 17:36Speaker 5: have an interest in. That's converting assets. But in this case,
- 17:42Speaker 5: John really took money from Peggy's interest in a joint account.
- 17:48Speaker 5: So she's arguing, did John infringe on the amount of
- 17:51Speaker 5: assets that were in this joint account?
- 17:54Speaker 4: So of course we remanded.
- 17:55Speaker 5: There's no decision, but the Supreme Court said, yeah, you
- 17:59Speaker 5: applied the wrong stated and lower court go back and
- 18:01Speaker 5: rehear this because there's not a conversion claim here. He
- 18:05Speaker 5: didn't take money from an account that was not his.
- 18:08Speaker 5: He took money from a joint account, and she's arguing
- 18:12Speaker 5: that he took more than he was supposed to take.
- 18:15Speaker 2: But when you have a joint account, can't you empty
- 18:19Speaker 2: it all out if you want to? If you're one
- 18:20Speaker 2: of those joint owners.
- 18:21Speaker 4: Well, Susan, you stay tuned like everybody else.
- 18:23Speaker 2: We're going to make me stay tuned for this whole
- 18:25Speaker 2: answer to this.
- 18:26Speaker 5: One, and we're going to talk about joint accounts and
- 18:29Speaker 5: the pros and content you.
- 18:30Speaker 3: No, I don't like it when you leave us hanging.
- 18:32Speaker 5: So this one we don't have an answer for. But
- 18:34Speaker 5: we do have an answer because this guide is what
- 18:37Speaker 5: you should get for your answer. It's called back to
- 18:39Speaker 5: the basics. Folks, don't do joint account planning and call
- 18:44Speaker 5: it an estate plan. Don't just have a will learn
- 18:47Speaker 5: about how to do an estate plan, and that's what
- 18:50Speaker 5: this guide is. It's basically an engagement letter from me
- 18:53Speaker 5: to a made up client with a fact pattern, assets,
- 18:55Speaker 5: and family dynamics all laid out. It explains all the
- 18:59Speaker 5: basic documents and culminates in the explanation of an irrevocable trust,
- 19:04Speaker 5: explaining exactly how those work. That may or may not
- 19:07Speaker 5: be right for you. But what this guide is going
- 19:09Speaker 5: to do is allow you to put your information in
- 19:11Speaker 5: there and decide whether revocable or re irrevocable is right
- 19:15Speaker 5: for you. But more importantly, it's going to educate you
- 19:18Speaker 5: on all the things you should be aware of when
- 19:21Speaker 5: you go in and start your state plan, gives you
- 19:23Speaker 5: things to think about. Folks, call and get the guide
- 19:26Speaker 5: eight six six eight four eight five six nine nine
- 19:30Speaker 5: or Legal Exchange show dot com. It is the end
- 19:33Speaker 5: of the month, last chance to get it folks eight
- 19:35Speaker 5: six six eight four eight five six ninety nine or
- 19:40Speaker 5: Legal Exchange show dot com.
- 19:43Speaker 4: You want some answer, Susan.
- 19:44Speaker 2: You're not going to give a stances. You already told
- 19:46Speaker 2: us you don't know how this one plays out.
- 19:48Speaker 5: Well, I can't tell you about the results of the
- 19:51Speaker 5: Superior Court on the remand yet, but I can tell
- 19:53Speaker 5: you about joint accounts and what not to do.
- 19:58Speaker 4: So let's talk about them.
- 20:00Speaker 5: First of all, when we talk about estate planning, is
- 20:02Speaker 5: having joint accounts and estate plan You know, family fights.
- 20:06Speaker 5: I get that we can't really focus on that. But
- 20:08Speaker 5: when you have a joint accounts there's risks and benefits,
- 20:12Speaker 5: like for example, number one, a benefit it avoids probate.
- 20:17Speaker 5: You have a joint account. Let's do joint accounts between
- 20:19Speaker 5: husband and wife first, so you got a married couple.
- 20:23Speaker 5: What happens, well, it avoids probate and it simply passes
- 20:26Speaker 5: to the surviving joint owner. As soon as you die
- 20:30Speaker 5: that account, the surviving joint owner can walk directly into
- 20:33Speaker 5: the bank account, withdraw all the money and go on
- 20:37Speaker 5: their way. No probate, You don't even have to say
- 20:40Speaker 5: the individual died.
- 20:42Speaker 4: Easy. Two.
- 20:44Speaker 5: What about a state taxes? Absolutely no help. So if
- 20:48Speaker 5: you're a husband and wife or a married couple and
- 20:50Speaker 5: you have no planning done, but you have all these
- 20:52Speaker 5: joint accounts, there's no benefit here. Why because the assets
- 20:56Speaker 5: passed directly to the surviving spouse under the unlimited marital deduction,
- 21:03Speaker 5: thereby wasting your state estate tax exemption and potentially your
- 21:08Speaker 5: federal estate tax exemption. Remember you could elect portability by
- 21:13Speaker 5: filing within five years if there's no tax to a
- 21:17Speaker 5: seven oh six and electing portability to save that unused exemption.
- 21:21Speaker 5: But lots of times when people don't plan, they don't
- 21:24Speaker 5: know about it, they're not going to do that, and
- 21:26Speaker 5: so they really could waste both of their exemptions. So
- 21:32Speaker 5: zero help from an estate tax planning standpoint. So in Massachusetts,
- 21:36Speaker 5: you could have sheltered four million if you did planning,
- 21:39Speaker 5: But if you waste the first spouse's exemption, that's two
- 21:42Speaker 5: million gone.
- 21:43Speaker 4: You don't use it, you lose it. Okay, doesn't seem
- 21:48Speaker 4: like what married couples.
- 21:49Speaker 5: This is a great idea or a great way to proceed. Well,
- 21:53Speaker 5: what about with kids? It gets worse. So with kids,
- 21:57Speaker 5: when you set it up and you have when you
- 22:00Speaker 5: add a child's name to the account, did you make
- 22:02Speaker 5: a completed gift at that moment?
- 22:05Speaker 4: No? Why because you both can take the money.
- 22:08Speaker 5: So until that child goes in and withdraws the money,
- 22:13Speaker 5: it's not a completed gift. But the moment that child
- 22:17Speaker 5: withdraws the money, which they can do, be very careful
- 22:20Speaker 5: they take the money. Yeah, then you've made a completed gift.
- 22:24Speaker 5: Not only do they have your money, but you get
- 22:25Speaker 5: to pay gift tax on top of it. Isn't that special,
- 22:29Speaker 5: So you don't think about those things. But that's how
- 22:31Speaker 5: that plays out. So that's a problem. A second problem
- 22:35Speaker 5: is creditors. Right, you put a child's name on that account.
- 22:39Speaker 5: Even if the child's trustworthy, nothing happens and they get
- 22:41Speaker 5: a divorce, half that asset is subject to that creditor.
- 22:45Speaker 4: Yep, not all of it, but half of it.
- 22:47Speaker 5: So, and it's not just that credit, could be any
- 22:50Speaker 5: financial creditor, So be careful and in.
- 22:53Speaker 2: Most cases you got good kids, your money doesn't end
- 22:56Speaker 2: up being at risk. But what happens when you die
- 22:58Speaker 2: and you have more than one.
- 23:00Speaker 5: And that's the last item on the list, right, you
- 23:02Speaker 5: disinherit somebody. You could accidentally disinherit other children because you
- 23:06Speaker 5: have a child who lives close by and it is
- 23:08Speaker 5: convenient for them to pay bills and help you with
- 23:10Speaker 5: the assets, and yet you end up leaving all those
- 23:13Speaker 5: assets of that child unless you have a provision in
- 23:15Speaker 5: the will to prevent that.
- 23:17Speaker 4: And not everybody does.
- 23:18Speaker 5: We do at Cushing and Dolan, but be careful about
- 23:22Speaker 5: joint accounts, folks. In fact, just get the guide and
- 23:26Speaker 5: learn how to do your estate plan the right way
- 23:28Speaker 5: back to the basics eight sixty six eight four eight
- 23:31Speaker 5: five six nine nine or Legal Exchange show dot com.
- 23:36Speaker 2: You've been listening to Todd Lutsky, a partner with the
- 23:38Speaker 2: law firm of Cushing and Dolan. I'm Susan Powers, a
- 23:42Speaker 2: financial advisor with the Armstrong Advisory Group, and Todd will
- 23:45Speaker 2: be answering your listener questions when we return to the
- 23:49Speaker 2: Legal Exchange with Todd Lutsky.
- 23:52Speaker 1: If you're a nearing retirement agent, are concerned about how
- 23:54Speaker 1: to protect your assets. You need to call Cushing and
- 23:57Speaker 1: Dolan the experts and know their law. Their new guide
- 23:59Speaker 1: is called Back to the Basics, and it will help
- 24:01Speaker 1: you create a plan that will help you understand issues
- 24:04Speaker 1: like avoiding probate, passing your assets along to your family,
- 24:07Speaker 1: and potentially eliminating your estate taxes. This free guide has
- 24:10Speaker 1: all the information you need to build a safe and
- 24:12Speaker 1: secure estate plan that will give you peace of mind
- 24:15Speaker 1: as you close in on retirement. Call eight six six
- 24:17Speaker 1: eight four eight five six ninety nine right now and
- 24:20Speaker 1: request your free guide today. You can also request a
- 24:23Speaker 1: no obligation consultation to review any current planning you've done.
- 24:26Speaker 1: Cushing and Dolan have been helping families like yours for
- 24:28Speaker 1: thirty years. Let them help you too. Get their new
- 24:31Speaker 1: guide called Back to the Basics today Call eight sixty
- 24:34Speaker 1: six eight four eight five six nine nine, or request
- 24:37Speaker 1: the guide online by visiting Legal exchange show dot com.
- 24:40Speaker 1: The proceeding was paid for and the mus expressed are
- 24:42Speaker 1: sole lea those of Cushing and Dolan. Cushing and Dolan
- 24:44Speaker 1: and or Armstrong Advisory may contact you offering legal or
- 24:47Speaker 1: investment services. Cushing and Dolan and Armstrong Advisory do not
- 24:50Speaker 1: endorse each other and are not affiliated.
- 24:53Speaker 9: Understanding the cost of Medicare can be complicated.
- 24:55Speaker 4: Hi.
- 24:56Speaker 9: This is Chuck Zauta from the Armstrong Advisory Group. Medicare
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- 25:29Speaker 9: so you can determine which plan works best for you.
- 25:31Speaker 9: That number again is eight hundred thirty nine three for
- 25:34Speaker 9: zero zero one, or you can request the guide online
- 25:37Speaker 9: at Armstrong Advisory dot com.
- 25:39Speaker 1: The proceeding was paid for by Armstrong Advisory Group, a
- 25:42Speaker 1: registered investment advisor. Nothing in the ad or in any
- 25:44Speaker 1: Armstrong Guide a specific financial, legal or tax advice. Consult
- 25:47Speaker 1: your own financial tax intestate planning advisors before making any
- 25:49Speaker 1: investment decisions. Armstrong may contact you to offer investment advisory services.
- 25:54Speaker 1: The calendar is turned and the cold is here to stay,
- 25:56Speaker 1: So now is the perfect time to plan that getaway
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- 26:50Speaker 1: code Vibe twenty twenty five. You're listening to the Legal Exchange,
- 26:56Speaker 1: and it's time for Ask Todd, the segment where Todd
- 26:59Speaker 1: will answer your questions about anything and everything that's included
- 27:03Speaker 1: in the estate planning process. Once again, here's Todd Lutsky
- 27:07Speaker 1: and Susan Powers.
- 27:09Speaker 2: Welcome back, Todd. We have a few questions from listeners
- 27:12Speaker 2: for you. First question comes from Janice in North Attleborough,
- 27:16Speaker 2: and Janice writes, if I transfer my home into an
- 27:19Speaker 2: irrevocable trust, am I still allowed to draw on my
- 27:23Speaker 2: home equity loan? If yes, will I be able to
- 27:26Speaker 2: do this myself or will my trustee be the only
- 27:29Speaker 2: one who can make withdrawals.
- 27:31Speaker 4: There's a lot of questions here.
- 27:32Speaker 2: People are afraid of giving up control when it comes
- 27:35Speaker 2: to their I mean, the word irrevocable is scary, right.
- 27:38Speaker 5: Yeah, But it doesn't need to be right that way, folks.
- 27:41Speaker 5: But I know it is because a lot of us
- 27:43Speaker 5: have preconceived ideas as to what goes on with an
- 27:48Speaker 5: irrevocable trust. But the problem is there's many different kinds
- 27:52Speaker 5: so please remember that, and let's explore this particular kind
- 27:57Speaker 5: for Janie, and I would say this is a medicaid
- 28:01Speaker 5: type irrevocable trust.
- 28:03Speaker 4: So a couple of things.
- 28:05Speaker 5: We're talking about an equity loan, right, so if the
- 28:10Speaker 5: equity loan doesn't exist, let's start with that, and you're
- 28:15Speaker 5: doing the estate plan and there's no debt on the property,
- 28:18Speaker 5: and the client says, well, what if I need to borrow?
- 28:22Speaker 3: A lot of people ask that question in the future.
- 28:24Speaker 5: It's nice to be able to tap my equity if
- 28:26Speaker 5: I run out of money as a safety net. Sure
- 28:29Speaker 5: you know, whether it's a reverse mortgage or a regular mortgage.
- 28:32Speaker 4: Can I do it? Well?
- 28:34Speaker 5: Oftentimes, what I'll tell them is, if you want to
- 28:37Speaker 5: do that before we complete this process, set up establish
- 28:44Speaker 5: not borrow, just establish an equity line before before you transfer.
- 28:51Speaker 5: So which brings me to this question, which says, I
- 28:53Speaker 5: already have an equity line, which is the same as
- 28:56Speaker 5: setting it up before we transfer. But I just wanted
- 28:59Speaker 5: people to know that they had that option when we're
- 29:02Speaker 5: doing this. Right, if you don't have one, go get one.
- 29:06Speaker 2: And if you don't and you transfer your home, will
- 29:09Speaker 2: you not be able to get one?
- 29:10Speaker 4: After.
- 29:10Speaker 5: Yeah, so that's why you do it, right, Can you
- 29:13Speaker 5: get it after yes, But there's ramifications to that. In
- 29:17Speaker 5: order to refinance an existing debt or get a new
- 29:23Speaker 5: debt if you've never had any, you have to reset
- 29:27Speaker 5: the five year waiting period.
- 29:28Speaker 2: Because you have to take it out of your trust, right.
- 29:30Speaker 5: Yeah, So there's a ramification to that. So rather than
- 29:33Speaker 5: do that, just establish this equity line. Now you owe
- 29:37Speaker 5: no money, but you can borrow. Say they give you
- 29:39Speaker 5: a two hundred thousand dollars limit, Fine, you got a checkbook?
- 29:43Speaker 5: Who does That's the next question, Not the trustee, not
- 29:48Speaker 5: the trust at all. In fact, you got this before
- 29:52Speaker 5: you put the house in the trust, which means it's
- 29:54Speaker 5: in your name personally. The bank lent you the money,
- 29:59Speaker 5: not the trust the money.
- 30:01Speaker 2: Doesn't that become kind of null if you're transferred into
- 30:04Speaker 2: the trust, it's going into a different.
- 30:06Speaker 5: A different entity entity exactly right. So when you do
- 30:10Speaker 5: this and you tell your estate planning attorney either there's
- 30:13Speaker 5: a existing debt or I've got this home equity line,
- 30:17Speaker 5: that will trigger the attorney to say, okay, when we
- 30:20Speaker 5: transfer the property to the trust, we must reserve a.
- 30:24Speaker 4: Legal life estate and the deed.
- 30:27Speaker 5: If we do that, that little nugget of ownership called
- 30:30Speaker 5: your right to live there means that you are the
- 30:34Speaker 5: present owner of the property, thereby not allowing it to
- 30:39Speaker 5: trigger the du on transfer clause or the du on
- 30:42Speaker 5: sale clause. So the bank.
- 30:43Speaker 4: Doesn't need to be told.
- 30:45Speaker 5: And even if they discovered it, it does not trigger
- 30:49Speaker 5: that due on sale clause.
- 30:51Speaker 2: So Janie would be able to continue to draw on
- 30:54Speaker 2: the home equity loan personally, Yeah, and not have to
- 30:58Speaker 2: ask her trustee for permission for.
- 30:59Speaker 4: Any of that.
- 31:00Speaker 5: That's exactly right, okay, And so it's a really win
- 31:03Speaker 5: win situation.
- 31:04Speaker 2: And would it be a different story if you have
- 31:06Speaker 2: a revocable trust if you're not dealing with the irrevocable.
- 31:10Speaker 5: No, So with a revocable trust, it's is it a
- 31:13Speaker 5: different story? It's still the bank would like you to
- 31:15Speaker 5: have the note in your name, So if it's in
- 31:18Speaker 5: a revocable trust, they're likely to make you take it
- 31:20Speaker 5: out to get the loan. But then you can throw
- 31:23Speaker 5: it right back in, okay, And they'll tell you go
- 31:25Speaker 5: ahead and throw it right back in. It's a revocable trust.
- 31:27Speaker 5: A revocable trust is not like giving something away, So
- 31:31Speaker 5: putting a property that's encumbered into a revocable trust would
- 31:36Speaker 5: never trigger the do on sail clause, so lots of flexibility.
- 31:41Speaker 5: Very similar to both kinds of trust.
- 31:43Speaker 4: Folks.
- 31:44Speaker 5: We talked just now a little bit about the revocable
- 31:46Speaker 5: and the irrevocable. The guide which is the end of
- 31:50Speaker 5: the month. Time to get this guide, folks, if you've
- 31:53Speaker 5: never started your state plan. It deals with the irrevocable trust.
- 31:57Speaker 5: It's basically my legal recommendation in an engagement letter form
- 32:02Speaker 5: to a made up client with facts and assets and
- 32:06Speaker 5: family dynamics, spells out all the basic documents from basic
- 32:10Speaker 5: wills to u healthcare proxies to powers of attorney, and
- 32:14Speaker 5: then also explains the irrevocable trust pretty much soup to
- 32:18Speaker 5: nuts in terms of how it works and how it
- 32:21Speaker 5: applies to a real family. You could apply to your
- 32:24Speaker 5: own family. Maybe this is a recommendation that works for you.
- 32:27Speaker 5: If not, at least it's going to give you the
- 32:29Speaker 5: ideas to think about when starting your estate plan. End
- 32:34Speaker 5: of the month, folks, Get the guide back to the
- 32:36Speaker 5: basics eight sixty six, eight four eight five six nine
- 32:41Speaker 5: nine or Legal Exchange Show dot Com again eight sixty
- 32:44Speaker 5: six eight, four, eight, five, six, nine nine or Legal
- 32:48Speaker 5: Exchange show dot com todd.
- 32:51Speaker 2: Our last question comes from Murial in Falmouth, Mass immurial rights.
- 32:55Speaker 2: My son told me I should be getting an irrevocable
- 32:58Speaker 2: trust to protect my asset, but I already have a
- 33:01Speaker 2: five year long term care insurance policy. It seems to
- 33:05Speaker 2: me that I should be all set with my insurance
- 33:08Speaker 2: if I also had an irrevocable trust, wouldn't that be overkill?
- 33:12Speaker 5: Well, of course, you know what's missing from this fact pattern.
- 33:15Speaker 5: What's that the amount of the long term care insurance?
- 33:19Speaker 4: Right now?
- 33:20Speaker 5: Folks, when we say that there's going to be a
- 33:23Speaker 5: term to the long term.
- 33:25Speaker 3: Care length of number of years that it will.
- 33:27Speaker 5: Pay out, yeap generally, And you could chime in, Susan,
- 33:30Speaker 5: you know more about this than I do. I'm thinking
- 33:32Speaker 5: a three year term is pretty normal.
- 33:34Speaker 2: Pretty common, maybe the most common. And she's got a
- 33:37Speaker 2: five year so I would say that a five year
- 33:40Speaker 2: is a little less common.
- 33:41Speaker 5: Oh, you're right, this one does have the term, so
- 33:43Speaker 5: five years is the other one. So five year term
- 33:46Speaker 5: is very helpful.
- 33:48Speaker 4: I would think.
- 33:49Speaker 5: Now the amount of money that it pays out.
- 33:52Speaker 3: So ballpark average maybe three fifty a day.
- 33:55Speaker 4: So we're talking a little over, you know.
- 33:57Speaker 3: So ten Let's say it's ten grand.
- 34:00Speaker 5: And you'll find a lot of them pay out about
- 34:03Speaker 5: six seven thousand a month. That's a normal amount, which is,
- 34:07Speaker 5: by the way, about half the cost of a nursing home.
- 34:10Speaker 5: But if you're getting up to ten thousand a month
- 34:13Speaker 5: a month out of this policy, that's that's pretty high.
- 34:17Speaker 5: That's a pretty good policy. Of course, I would never
- 34:20Speaker 5: tell anybody to get rid of it because it also
- 34:22Speaker 5: has in home care, so you want to keep it
- 34:25Speaker 5: for the in home care for nothing else. Now, again,
- 34:27Speaker 5: ten thousand a month if the nursing home cost fifteen
- 34:30Speaker 5: thousand a month. The question that's being begged here when
- 34:34Speaker 5: you're trying to answer this question for a client is
- 34:36Speaker 5: do you have enough other income to make up that
- 34:39Speaker 5: difference and still have enough left over for the healthy
- 34:43Speaker 5: spouse to live comfortably. That might be a tall order.
- 34:47Speaker 5: You've got to come up with five grand a month.
- 34:50Speaker 5: On top of that, the person living might need five
- 34:53Speaker 5: grand a month to live.
- 34:55Speaker 4: So the answer is, you don't know.
- 34:58Speaker 5: I can tell you off the bat that I would
- 35:01Speaker 5: never tell somebody to get rid of it if they
- 35:04Speaker 5: have it, and they can afford it. But I also
- 35:07Speaker 5: would never tell them that that's the end all, be
- 35:09Speaker 5: all of your estate plan, because remember you want to
- 35:13Speaker 5: still avoid probate. You still may depending on how much
- 35:16Speaker 5: you're worth here now I found with you might have
- 35:18Speaker 5: a nice house on the cape, so that could be
- 35:21Speaker 5: a lot of money. You want to make sure that
- 35:23Speaker 5: you don't pay death tax, at least in mass and
- 35:27Speaker 5: potentially federally depending on where we are.
- 35:30Speaker 4: Well.
- 35:31Speaker 5: Those are two important reasons to plan with a trust.
- 35:33Speaker 5: And also you want bloodline planning, so you want to
- 35:36Speaker 5: figure out how these assets get to particular people when
- 35:40Speaker 5: you pass. So those reasons for the planning still matter.
- 35:45Speaker 5: And if you're even thinking about nursing home protection and
- 35:50Speaker 5: your assets are within that realm that we would be
- 35:53Speaker 5: doing nursing home protection, then my question would simply be,
- 35:57Speaker 5: why wouldn't I just if I'm going to set up
- 36:00Speaker 5: trusts anyway, why wouldn't I just make them irrevocable to
- 36:06Speaker 5: protect the assets from the nursing home anyway? And I
- 36:10Speaker 5: probably would if the client wants to do that, So
- 36:12Speaker 5: this isn't a reason not to do it. But the
- 36:16Speaker 5: other reason is, you know, not only would I set
- 36:18Speaker 5: them up but sometimes those premiums can go sky high
- 36:20Speaker 5: on you. You are next thing you know you need
- 36:22Speaker 5: to get rid of the policy, and then you're in trouble. Folks,
- 36:25Speaker 5: there's always reasons to do planning. Don't rely on one thing.
- 36:28Speaker 5: Last chance to get the guide Back to the Basics
- 36:31Speaker 5: eight six six eight four eight five six nine nine
- 36:35Speaker 5: or Legal Exchange Show dot com.
- 36:37Speaker 2: If you have a question you would like to ask Todd,
- 36:40Speaker 2: visit his website Legal Exchange Show dot com and click
- 36:43Speaker 2: on the as Tod tab. Maybe I'll be able to
- 36:46Speaker 2: read your question on the air, and hopefully his answer
- 36:49Speaker 2: will stop you from becoming one of his next real
- 36:52Speaker 2: life stories. You've been listening to Todd Lutsky, a partner
- 36:55Speaker 2: with the law firm of Cushing and Dolan. I'm Zusan Powers,
- 36:59Speaker 2: a financial advice with the Armstrong Advisory Group. We'll be
- 37:02Speaker 2: back with more after this quick break on the Legal
- 37:05Speaker 2: Exchange with Todd Lutsky.
- 37:07Speaker 1: If you're nearing retirement age and are concerned about how
- 37:10Speaker 1: to protect your assets, you need to call Cushing and Dolan,
- 37:13Speaker 1: the experts in elder law. Their new guide is called
- 37:15Speaker 1: Back to the Basics, and it will help you create
- 37:17Speaker 1: a plan that will help you understand issues like avoiding probate,
- 37:20Speaker 1: passing your assets along to your family, and potentially eliminating
- 37:24Speaker 1: your estate taxes. This free guide has all the information
- 37:27Speaker 1: you need to build a safe and secure estate plan
- 37:29Speaker 1: that will give you peace of mind as you close
- 37:31Speaker 1: in on retirement. Call eight six six eight four eight
- 37:33Speaker 1: five six ninety nine right now and request your free
- 37:36Speaker 1: guide today. You can also request a no obligation consultation
- 37:40Speaker 1: to review any current planning you've done. Cushing and Dolan
- 37:42Speaker 1: have been helping families like yours for thirty years. Let
- 37:45Speaker 1: them help you too. Get their new guide, called Back
- 37:48Speaker 1: to the Basics today Call eight sixty six eight four
- 37:51Speaker 1: eight five six ninety nine, or request the guide online
- 37:53Speaker 1: by visiting Legal exchange show dot com. The proceeding was
- 37:56Speaker 1: paid for and the music expressed are sole leados of
- 37:58Speaker 1: Cushing and Dolan. Cushing in Dolan and or Armstrong Advisory
- 38:01Speaker 1: may contact you offering legal or investment services. Cushing in
- 38:04Speaker 1: Dolan and Armstrong Advisory do not endorse each other and
- 38:06Speaker 1: are not affiliated.
- 38:08Speaker 6: Medicare provides health coverage from millions of Americans, but it's
- 38:11Speaker 6: a challenging program. Being aware of its many complexities is
- 38:14Speaker 6: crucial to your healthcare plans for later life. Hi, this
- 38:17Speaker 6: is Mike Armstrong from the Armstrong Advisory Group and our
- 38:19Speaker 6: new guide is called Understanding Medicare. Essential Questions answered in
- 38:23Speaker 6: it will help you learn about the basics, including enrollment periods, costs,
- 38:26Speaker 6: and coverage options, as well as more complicated issues like
- 38:29Speaker 6: filing claims and appeals and planning for long term care.
- 38:32Speaker 6: Call us today at eight hundred three nine three four
- 38:35Speaker 6: zero zero one and request your free guide today. There
- 38:38Speaker 6: are many resources available to help you understand your options
- 38:41Speaker 6: and rights under Medicare. Ask for our free guide and
- 38:43Speaker 6: learn more so that you can make the most informed
- 38:45Speaker 6: decisions for your health care. And you can get it
- 38:48Speaker 6: by calling eight hundred three nine three four zero zero one.
- 38:51Speaker 6: Again that numbers eight hundred three nine three four zero
- 38:54Speaker 6: zero one.
- 38:54Speaker 1: The proceeding was paid for by Armstrong Advisory Group, a
- 38:57Speaker 1: registered investment advisor. Nothing in the ad or in any
- 38:59Speaker 1: Armstrong Guide specific financial, legal or tax advice. Consult your
- 39:02Speaker 1: own financial, tax into state planning advisors before making any
- 39:05Speaker 1: investment decisions. Armstrong may contact you to offer investment advisory services.
- 39:09Speaker 1: The calendar is turned and the cold is here to stay.
- 39:12Speaker 1: So now is the perfect time to plan that getaway
- 39:14Speaker 1: to the US Virgin Islands. Act now and take advantage
- 39:17Speaker 1: of a special promotion to Saint Croix. Experience a vibe
- 39:21Speaker 1: like no other and receive a two hundred and fifty
- 39:23Speaker 1: dollars per person airfare credit and a free hotel night
- 39:26Speaker 1: when you book a five night minimum stay with any
- 39:29Speaker 1: participating hotel before June thirtieth, twenty twenty five. Saint Croix
- 39:33Speaker 1: is known for its incredible history and spectacular architecture, along
- 39:36Speaker 1: with world class cuisine, incredible golf courses, and a wide
- 39:40Speaker 1: variety of water sports. From the moment you arrive, you'll
- 39:43Speaker 1: fall naturally in rhythm with the heartbeat of the islands.
- 39:46Speaker 1: There's no money to exchange, and travel from New England
- 39:48Speaker 1: could not be easier. America's Caribbean Paradise is waiting for you.
- 39:53Speaker 1: Experience a vibe like no other on the island of
- 39:56Speaker 1: Saint Croix. Go to visit USVII dot com and use
- 39:59Speaker 1: the code vibe twenty five for more information and book
- 40:02Speaker 1: your trip today. That's visit USVII dot com and code
- 40:06Speaker 1: vibe twenty twenty five.
- 40:10Speaker 7: This is Michael Valila Adjudent of the Disabled American Veterans
- 40:13Speaker 7: Department of Massachusetts. The DAV of Massachusetts has helped me
- 40:17Speaker 7: and countless others adjust to civilian life through a variety
- 40:20Speaker 7: of incredible programs. Through our Local Veterans Assistance Program, we
- 40:24Speaker 7: provide necessary services to veterans in their communities, such as food, shopping, landscaping,
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- 40:41Speaker 1: Your tune to the Legal Exchange with Todd Lutsky. If
- 40:44Speaker 1: you are a loved one needs a nursing homestay, call
- 40:47Speaker 1: Todd right now at eight six six eight four eight
- 40:49Speaker 1: five six ninety nine and let him make sure your
- 40:51Speaker 1: assets are protected. That's eight sixty six eight for eight
- 40:54Speaker 1: five six nine nine, or visit him online at Legal
- 40:57Speaker 1: Exchange show dot com.
- 41:00Speaker 2: Welcome back into the Legal Exchange with Todd Lutsky. I'm
- 41:04Speaker 2: Susan Power as a financial advisor with the Armstrong Advisory Group,
- 41:07Speaker 2: and I'm joined by Todd Lutsky, a partner with the
- 41:10Speaker 2: law firm of Cushing and Dolan with a master's in taxation, Todd.
- 41:15Speaker 2: I find that some people.
- 41:17Speaker 3: Need to be motivated.
- 41:18Speaker 4: Yeah, them you think to plan? Yeah, you think.
- 41:21Speaker 2: We see how many people put things off. So I
- 41:24Speaker 2: thought we could talk about that joyous process of probate
- 41:28Speaker 2: and really dive into all that it entails. Why don't
- 41:34Speaker 2: you start by explaining what exactly is probate?
- 41:38Speaker 4: Yeah? Where do I begin? So it is a long process.
- 41:42Speaker 5: It's a court driven process, which means it's it's open
- 41:48Speaker 5: to the public, so there's privacy issues, it's it's a
- 41:52Speaker 5: duration based.
- 41:55Speaker 4: Problem.
- 41:56Speaker 5: It takes about a year to take you through the
- 42:00Speaker 5: entire process, and and along with it there are filing fees,
- 42:04Speaker 5: So there's costs. And I joke because the filing fees
- 42:08Speaker 5: pale in comparison to the legal fees that go along
- 42:12Speaker 5: with taking a family through the probate process. So that's
- 42:16Speaker 5: a that's a general overview, but.
- 42:19Speaker 2: Your basic of state planning process, when you take people through,
- 42:22Speaker 2: like building a plan, that's a flat fee. Yes, when
- 42:26Speaker 2: you go through probate, that's an hourly rate.
- 42:29Speaker 5: Right, Yeah, that is the one part of our practice
- 42:33Speaker 5: where we have to charge hourly. You just you just
- 42:37Speaker 5: don't know what you're going to uncover. They tell you
- 42:40Speaker 5: what they think everything is. And then you start digging
- 42:43Speaker 5: and you find other accounts, you find other assets, you
- 42:46Speaker 5: run into problem family members. Next thing you know, there's litigation.
- 42:51Speaker 5: So you could never just give somebody a flat fee.
- 42:56Speaker 5: If you did and there was litigation, you'd be you'd
- 42:59Speaker 5: be in trouble.
- 43:00Speaker 2: So let's walk through what happens when someone has not
- 43:03Speaker 2: done any planning. Someone dies, single person, let's make it
- 43:10Speaker 2: a single person. Let's say they did some basic stuff.
- 43:14Speaker 2: Maybe they have a will, So what do you have
- 43:17Speaker 2: to do? Okay, mom died, what's next?
- 43:21Speaker 5: So the kids are likely going to come in? And
- 43:23Speaker 5: then we start by gathering all the assets. We say, okay,
- 43:27Speaker 5: how first of all, what are the assets real estate, home, vacation, rental?
- 43:33Speaker 4: How are they owned?
- 43:35Speaker 5: Most importantly, and again, if you're single and you've only
- 43:37Speaker 5: got a will, high probability that those real estate items
- 43:42Speaker 5: will be owned in that decedent's name alone, right, high probability.
- 43:46Speaker 5: Then you know ira accounts, who's the beneficiary?
- 43:50Speaker 4: If there is one?
- 43:51Speaker 3: That why they updated from their spouse when they.
- 43:54Speaker 4: Died, right right?
- 43:56Speaker 5: And if there is one, then the beneficiary that item
- 44:00Speaker 5: would cause it to avoid probate, So that would be
- 44:03Speaker 5: a helpful avoidance of probate and likely on those you're
- 44:06Speaker 5: going to find beneficiaries. Then we drop down a little further. Oh,
- 44:10Speaker 5: do you have an investment account of any kind?
- 44:12Speaker 4: Yes?
- 44:13Speaker 5: How is it owned? Well, if it's owned in the
- 44:15Speaker 5: individual's own name, probate item. Throw it on the list.
- 44:21Speaker 5: If by chance, there happens to be a designated beneficiary
- 44:24Speaker 5: attached to that account, it would avoid probate. Likelihood is
- 44:30Speaker 5: less likely than the IRA, but still possible.
- 44:33Speaker 3: Yep.
- 44:34Speaker 5: Then we drop down to bank accounts CDs. Do you
- 44:37Speaker 5: have any of those?
- 44:38Speaker 4: Yes?
- 44:38Speaker 5: How are they owned? Right, what's the name of the institution?
- 44:42Speaker 5: How much is in there? So the value of all
- 44:44Speaker 5: these assets have to be added up at the same time. Again,
- 44:48Speaker 5: if that's in their name alone, it's a probate item.
- 44:51Speaker 2: CDs seem to be one of the most common culprits
- 44:55Speaker 2: to have no beneficial.
- 44:57Speaker 5: Usually not so, and bank accounts usually not so. Once
- 45:00Speaker 5: you list all the assets, you know life insurance, same idea.
- 45:04Speaker 5: You have to just list all of the assets, learn
- 45:07Speaker 5: how they are owned to determine whether they're a probate
- 45:11Speaker 5: item or not. Remember, they're all in the gross estate,
- 45:15Speaker 5: but only certain ones will hit the probate state. And
- 45:19Speaker 5: then you've got a value all of those items on
- 45:23Speaker 5: the date of death, and that just is enough to
- 45:25Speaker 5: get us started. Then we have to take and push
- 45:29Speaker 5: all that information through the probate court. Folks, we are
- 45:34Speaker 5: just touching the tip of the iceberg here in the
- 45:36Speaker 5: probate world. If you want to avoid that, back to
- 45:39Speaker 5: the basics is the guide that would be one way
- 45:42Speaker 5: of getting your estate plan in order. And by putting
- 45:44Speaker 5: all the assets into a trust when you die, we've
- 45:47Speaker 5: avoided all of this, all these things that we're just
- 45:50Speaker 5: talking about already that is not an issue. Why because
- 45:52Speaker 5: they're owned by the trust they would avoid probate Folks,
- 45:56Speaker 5: Learn how to get your estate plan in order. Last
- 45:58Speaker 5: chance to get the guide back to the basics right.
- 46:01Speaker 5: Learn about a legal recommendation I make to this made
- 46:05Speaker 5: up family. Put your family situation in there. Who knows,
- 46:09Speaker 5: Maybe it's a legal recommendation for you. If not, it
- 46:12Speaker 5: at least explains all the basic documents from wills to
- 46:15Speaker 5: healthcare proxies, to powers of attorney and an irrevocable trust.
- 46:20Speaker 5: And it gives you things to think about when you
- 46:23Speaker 5: are beginning this guide or beginning this to stay planning
- 46:27Speaker 5: process before you go to the lawyer eight six six
- 46:31Speaker 5: eight four eight five six nine nine or legal exchange
- 46:35Speaker 5: show dot com. Last chance to get the guide eight
- 46:38Speaker 5: six six eight four eight five six nine nine or
- 46:42Speaker 5: legal exchange show dot com.
- 46:44Speaker 2: So you've got this inventory if you will of assets.
- 46:48Speaker 2: You've got one big cure list for a state taxes,
- 46:52Speaker 2: and then you've got one list of those things that
- 46:55Speaker 2: you died owning in your own name without a joint
- 46:58Speaker 2: owner or a.
- 46:59Speaker 4: Benefit share, two separate buckets.
- 47:02Speaker 2: Yeah, so what happens at that point that that's the
- 47:05Speaker 2: list that goes through probate.
- 47:06Speaker 5: So the ones that are in the probate bucket, meaning
- 47:10Speaker 5: they're in your own name with no beneficiary, you then
- 47:13Speaker 5: put together just what you said in inventory. I mean,
- 47:15Speaker 5: before we do even that, we have to file the will.
- 47:18Speaker 5: We have to notify all the heirs at law. What
- 47:22Speaker 5: why are we notifying them, Well, we're notifying them that
- 47:24Speaker 5: the personal representative listed in the will is petitioning the
- 47:28Speaker 5: court to become personal representative.
- 47:31Speaker 2: So even if I pick one of my kids to
- 47:33Speaker 2: be personal representative, that's not a given.
- 47:36Speaker 5: No, because we got to notify the airs at law
- 47:38Speaker 5: and they have thirty days to object.
- 47:40Speaker 3: Say they can fight it.
- 47:41Speaker 5: Yeah, mostly they don't, but if they do, we got
- 47:44Speaker 5: to go through the objection process.
- 47:46Speaker 4: If not, we waited about another.
- 47:48Speaker 5: Thirty days, give or take, and the probate court calls
- 47:52Speaker 5: us back called a return day, and we go back
- 47:54Speaker 5: to the court. You don't do any of this, you know,
- 47:56Speaker 5: the lawyers are doing it, and we get a piece
- 47:59Speaker 5: of paper saying congratulations, you've been knighted. You're now a
- 48:03Speaker 5: personal representative. I now go have fun. So now you
- 48:07Speaker 5: can go access all these accounts, the bank accounts, the
- 48:10Speaker 5: brokerage accounts, the I are anything that was in probate world.
- 48:14Speaker 5: You can now go to the institution with your appointment
- 48:19Speaker 5: in one hand and the death certificate in the other
- 48:23Speaker 5: and they'll talk to you.
- 48:25Speaker 3: Okay.
- 48:25Speaker 5: So you can gather and you get these assets you know,
- 48:30Speaker 5: out of where they are and into a new account
- 48:33Speaker 5: called an estate administration account. So you're going to close
- 48:36Speaker 5: out these accounts, put them in one estate administration account, yes,
- 48:41Speaker 5: with a new ID number for that account. Why because
- 48:46Speaker 5: they'll generate income while you're going through the process. Then
- 48:49Speaker 5: you're gonna have to file an income tax return for
- 48:51Speaker 5: the estate while it's sitting there earning income.
- 48:57Speaker 4: So you got all those little headaches.
- 48:59Speaker 5: Yeah, then you now can finally say, okay, now I'm
- 49:03Speaker 5: going to go list, as you said, Susan, all these
- 49:06Speaker 5: assets on an inventory form, and I'm going to get
- 49:09Speaker 5: them all valued, and I'm going to put the value
- 49:12Speaker 5: there for the whole world to see.
- 49:14Speaker 4: Why, because it's public, you could walk in.
- 49:18Speaker 3: And that probate inventory.
- 49:20Speaker 5: So you walk in and I said, like to see
- 49:22Speaker 5: the Susan Powers estate file. There it is, why because
- 49:26Speaker 5: it's public record. So all that is listed. Now what Well,
- 49:32Speaker 5: as we go through this process, remember you're using that
- 49:34Speaker 5: new account to pay bills, funeral bills, legal bills, filing fees,
- 49:40Speaker 5: close out the house, whatever, and so at the end
- 49:45Speaker 5: of the year, you need to file an accounting that
- 49:49Speaker 5: says here's what went in and out of this account.
- 49:54Speaker 4: Well, you were the pr a fiduciary. So then you
- 49:58Speaker 4: do that.
- 49:59Speaker 5: Now again, you that you might be able to if
- 50:00Speaker 5: you haven't done anything else and you're ready to close
- 50:02Speaker 5: out the estate, you might be able to make that
- 50:04Speaker 5: a first and final accounting. If not, you've got to
- 50:07Speaker 5: continue on. If you're not done yet, So folks, that's
- 50:10Speaker 5: a little flavor. You can see how long of the
- 50:14Speaker 5: things that this could take have to be done when
- 50:16Speaker 5: you're doing this, and it really is a process that
- 50:20Speaker 5: can be in and probably should be avoided, and you
- 50:23Speaker 5: can do that. You can avoid that by getting the guide.
- 50:25Speaker 5: Learn how to do your estate plan properly. A will
- 50:29Speaker 5: by itself is not an estate plan. Learn how to
- 50:33Speaker 5: do an estate plan Back to the Basics eight six
- 50:35Speaker 5: six eight four eight five six nine nine or Legal
- 50:39Speaker 5: Exchange show dot com. It is the end of the month.
- 50:43Speaker 2: Todd Lutsky from the law firm of Cushing in Dolan,
- 50:46Speaker 2: thank you so much.
- 50:47Speaker 4: Thank you, Susan. Always a pleasure.
- 50:49Speaker 2: I'm Susan Power as a financial advisor with the Armstrong
- 50:51Speaker 2: Advisory Group. We thank you for joining us today and
- 50:54Speaker 2: we'll be back again next week on the Legal Exchange
- 50:57Speaker 2: with Todd Lutsky.
- 50:59Speaker 1: If you're nearing retirement age and are concerned about how
- 51:02Speaker 1: to protect your assets, you need to call Cushing and Dolan,
- 51:05Speaker 1: the experts in elder law. Their new guide is called
- 51:08Speaker 1: Back to the Basics, and it will help you create
- 51:10Speaker 1: a plan that will help you understand issues like avoiding probate,
- 51:13Speaker 1: passing your assets along to your family and potentially eliminating
- 51:16Speaker 1: your estate taxes. This free guide has all the information
- 51:19Speaker 1: you need to build a safe and secure estate plan
- 51:21Speaker 1: that will give you peace of mind as you close
- 51:23Speaker 1: in on retirement. Call eight six six eight four eight
- 51:26Speaker 1: five six ninety nine right now and request your free
- 51:28Speaker 1: guide today. You can also request a no obligation consultation
- 51:32Speaker 1: to review any current planning you've done. Cushing and Dolan
- 51:35Speaker 1: have been helping families like yours for thirty years. Let
- 51:37Speaker 1: them help you too. Get their new guide, called Back
- 51:40Speaker 1: to the Basics today Call eight sixty six eight four
- 51:43Speaker 1: eight five six ninety nine, or request the guide online
- 51:46Speaker 1: by visiting Legal exchange show dot com. The proceeding was
- 51:49Speaker 1: paid for and the music expressed are sole leados of
- 51:51Speaker 1: Cushing and Dolan. Cushing and Dolan and or Armstrong Advisory
- 51:53Speaker 1: may contact you offering legal or investment services. Cushing and
- 51:56Speaker 1: Dolan and Armstrong Advisory do not endorse each other and
- 51:58Speaker 1: are not affiliated.
- 52:00Speaker 9: Understanding the costs of medicare can be complicated HI. This
- 52:03Speaker 9: is Chuck Zauta from the Armstrong Advisory Group. Medicare was
- 52:05Speaker 9: originally a two part program, but is now four parts,
- 52:08Speaker 9: and making sure you know what you're eligible for and
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- 52:13Speaker 9: the right healthcare coverage as you get older. Medicare is
- 52:15Speaker 9: divided among parts ABCND, all of which have different premiums, deductibles,
- 52:20Speaker 9: and co insurance. Our new guide, called Understanding Medicare Essential
- 52:24Speaker 9: Questions Answered, can help you learn about these issues in others,
- 52:27Speaker 9: such as whether Medicare pays for long term care. Call
- 52:29Speaker 9: the Armstrong Advisory Group at eight hundred three nine three
- 52:33Speaker 9: for zero zero one and request your free guide today
- 52:36Speaker 9: so you can determine which plan works best for you.
- 52:38Speaker 9: That number again is eight hundred three nine three four
- 52:41Speaker 9: zero zero one, or you can request the guide online
- 52:44Speaker 9: at Armstrong Advisory dot com.
- 52:46Speaker 1: The proceeding was paid for by Armstrong Advisory Group, a
- 52:48Speaker 1: registered investment advisor. Nothing in the ad or in any
- 52:51Speaker 1: Armstrong Guide a specific financial, legal, or tax advice. Consult
- 52:53Speaker 1: your own financial, tax, and estate planning advisors before making
- 52:56Speaker 1: any investment decisions. Armstrong may contact you to offer investment
- 52:59Speaker 1: advisory services. The calendar is turned and the cold is
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- 53:16Speaker 1: hotel night when you book a five night minimum stay
- 53:19Speaker 1: with any participating hotel before June thirtieth, twenty twenty five.
- 53:23Speaker 1: Saint Croix is known for its incredible history and spectacular architecture,
- 53:27Speaker 1: along with world class cuisine, incredible golf courses, and a
- 53:30Speaker 1: wide variety of water sports. From the moment you arrive,
- 53:33Speaker 1: you'll fall naturally in rhythm with the heartbeat of the islands.
- 53:36Speaker 1: There's no money to exchange, and travel from New England
- 53:39Speaker 1: could not be easier. America's Caribbean Paradise is waiting for you.
- 53:44Speaker 1: Experience a vibe like no other on the island of
- 53:46Speaker 1: Saint Croix. Go to visit USVII dot com and use
- 53:50Speaker 1: the code Vibe twenty twenty five for more information and
- 53:53Speaker 1: book your trip today. That's visit USVII dot com and
- 53:56Speaker 1: code Vibe twenty twenty five.