Latest / The Legal Exchange / Undue influence and your estate plan
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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 advice with the Armstrong Advisory Group, and I'm
- 0:44Speaker 2: joined by Todd Lutsky, a partner with the law firm
- 0:47Speaker 2: of Cushing and Dolan with a master's in taxation. Welcome Todd.
- 0:51Speaker 2: How are you today?
- 0:52Speaker 3: I'm never better in you great?
- 0:54Speaker 2: Thank you what he have for us this week.
- 0:56Speaker 3: Got a couple of things.
- 0:58Speaker 4: A Florida appellate court case which is basically classic undue influence,
- 1:05Speaker 4: but I'm going to explain to you, you know, how
- 1:07Speaker 4: it works. And there's really drafting problems as well associated
- 1:11Speaker 4: with the will that existed, even when they had real
- 1:14Speaker 4: estate that was apparently supposed to be owned in a
- 1:17Speaker 4: family limited partnership and looks like it never actually got
- 1:20Speaker 4: in there. And then it's like, wow, the way the
- 1:23Speaker 4: will was drafted, the misuse of the partnership, and how
- 1:27Speaker 4: all that culminated in undue influence over a piece of property.
- 1:31Speaker 4: I think you'll be amazed at how people get themselves
- 1:34Speaker 4: in trouble. I just never ceases to amaze me. And
- 1:37Speaker 4: then so that's a Florida Pellet court case. But I
- 1:41Speaker 4: decided I was doing a seminar just a few days ago,
- 1:44Speaker 4: and I was sort of just enamored at the fact
- 1:50Speaker 4: that I was giving an example on joint trust.
- 1:54Speaker 3: But it wasn't.
- 1:55Speaker 4: The example wasn't joint trust. I was using it, but
- 1:57Speaker 4: it was more about a mass only Q TIP election.
- 2:00Speaker 4: But I just use the joint trust to make the
- 2:01Speaker 4: point as to how the marital share and remainder share
- 2:05Speaker 4: work and a mass only q TIP works. At the break,
- 2:10Speaker 4: the people in the audience were coming up and saying, Wow,
- 2:14Speaker 4: these joint trusts are really good.
- 2:15Speaker 3: It wasn't even the main point of the seminar.
- 2:17Speaker 4: So I'm like, wow, I realized that a lot of
- 2:19Speaker 4: people don't understand the power and the simplicity of a
- 2:24Speaker 4: joint trust. So I'm gonna spend some time on that
- 2:26Speaker 4: and sort of maybe teach a real life story lesson
- 2:30Speaker 4: on that front, because trusts actually and understanding trusts actually
- 2:34Speaker 4: go hand in hand. Also with the guide we're giving
- 2:36Speaker 4: away this month, which is a Tale of Two objectives, folks,
- 2:39Speaker 4: it's all about understanding the federal and the new Massachusetts
- 2:45Speaker 4: of state tax law examples, how they work, how trusts
- 2:49Speaker 4: are used to shelter estate taxes. You can run your
- 2:53Speaker 4: own numbers that they explain the marital share and the
- 2:56Speaker 4: remainder share. And for folks who want revolvocable that's fine.
- 3:01Speaker 4: And for folks who want to then add nursing home
- 3:04Speaker 4: protection to their estate tax planning world, this is going
- 3:08Speaker 4: to show you how to use the irrevocable trusts to
- 3:11Speaker 4: accomplish both at the same time. And a lot of
- 3:14Speaker 4: people don't understand that, so you can do both. Get
- 3:17Speaker 4: the guide, A Tale of two objectives. Reducing estate taxes
- 3:21Speaker 4: and sheltering assets from the nursing home eight six six
- 3:25Speaker 4: eight four eight five six ninety nine or legal Exchange
- 3:29Speaker 4: show dot com again eight six six eight four eight
- 3:33Speaker 4: five six nine nine or Legal Exchange Show dot Com.
- 3:39Speaker 3: Off to Florida.
- 3:39Speaker 2: We goluence.
- 3:41Speaker 4: Yeah, I can't wait. Actually I'm going to be going.
- 3:44Speaker 4: So Julie or Julia died with a will with a
- 3:49Speaker 4: will in June of twenty twenty one, survived by two kids,
- 3:53Speaker 4: George and Philip. George was the pr so he filed
- 3:57Speaker 4: for administration of the will. Bill stated that the home
- 4:02Speaker 4: and seventy acres, so some kind of a farm I'm
- 4:05Speaker 4: guessing was to go to the family partnership or to George.
- 4:12Speaker 4: So I know you're looking at me, Susan, like, why
- 4:14Speaker 4: would you put or right? And then who decides I
- 4:17Speaker 4: So we'll come back to that. Shortly after the will
- 4:20Speaker 4: was executed, Julia transferred the property to Philip. The deed
- 4:27Speaker 4: was witnessed notarized by an attorney Moreno, and so phil
- 4:32Speaker 4: then filed for partial summary judgment saying, with regard to
- 4:36Speaker 4: the deed, it's mine right. George, of course opposed this
- 4:42Speaker 4: based on undue influence. So testimony came down and Philip
- 4:48Speaker 4: actually testified saying that I thought George was scheming against him, so,
- 4:53Speaker 4: you know, because he saw the deed or he saw
- 4:55Speaker 4: the will, I don't know. So Philip asked his mom,
- 4:58Speaker 4: you know who's supposed to get this p property? And
- 5:00Speaker 4: she said Philip. So he called Attorney Moreno, asked to
- 5:03Speaker 4: have the deed prepared. He was present for all discussions
- 5:06Speaker 4: about the deed. They signed it at his house. He
- 5:09Speaker 4: procured two witnesses, and of course he ended up with
- 5:14Speaker 4: the property by deed. Then he told Attorney Marino not
- 5:18Speaker 4: to record the deed right away, just hang on to it.
- 5:21Speaker 4: He didn't want George c And that's a good point.
- 5:25Speaker 4: And so the court ended up granting Philip his partial
- 5:28Speaker 4: summary judgment. Well, as you might imagine, George appealed. I'm
- 5:33Speaker 4: sure and I'll tell you and I think you would
- 5:36Speaker 4: agree that the appellate court reversed. Okay, because basically, the
- 5:40Speaker 4: appellate court says, when you are a person and a
- 5:43Speaker 4: Bennett fisherary of a deed, but you occupy a confidential
- 5:48Speaker 4: relationship with the grant or mom, and you're active in
- 5:53Speaker 4: procuring the deed, which clearly he was a presumption of
- 5:59Speaker 4: undoing influence arises, and clearly in this case, he was
- 6:03Speaker 4: very involved in getting this deed. Phillip is the heat
- 6:07Speaker 4: and therefore they denied summary judgment. That didn't mean, folks,
- 6:11Speaker 4: that doesn't mean that Philip doesn't get the property. It
- 6:16Speaker 4: just means that there's a material fact that needs to
- 6:20Speaker 4: be litigated. Summary judgment means there is no material fact.
- 6:26Speaker 4: It's clear that's summary judgment here. No, there seems to
- 6:32Speaker 4: be some material facts that need to be explored, and
- 6:36Speaker 4: you need to go back and see if if, in fact,
- 6:39Speaker 4: there was undue influence in the procurement of the deed
- 6:43Speaker 4: by Philip from Mom. Well, again, I can't give you
- 6:47Speaker 4: the answer, but I can help us learn.
- 6:49Speaker 2: I know he don't like those stories where you don't
- 6:52Speaker 2: tell us how it works.
- 6:53Speaker 4: Out, but I can tell you that, you know, we
- 6:56Speaker 4: should learn a little bit about this. Right First of all,
- 6:58Speaker 4: your rightss, i'm drafting. You know who puts in a
- 7:00Speaker 4: will the property would go to a partnership or to a.
- 7:03Speaker 3: Kit or to a kid.
- 7:04Speaker 2: Right like that makes absolutely no sense on anything.
- 7:07Speaker 3: On any front. Who makes that decision?
- 7:10Speaker 4: Number one and number two if you had a partnership,
- 7:15Speaker 4: why didn't you put the property in it? Well you
- 7:17Speaker 4: were alive, right, you know that's kind of the point,
- 7:20Speaker 4: right you put if to me, it's it's a farm,
- 7:22Speaker 4: you know, take the seventy acres, put it in there,
- 7:25Speaker 4: get the kids involved in the partnership. See who wants
- 7:28Speaker 4: to have them start working the farm or who's not
- 7:30Speaker 4: working the farm?
- 7:31Speaker 2: Or And if you have a will, you've met with
- 7:33Speaker 2: an attorney and you have seventy acres of land, I'm
- 7:37Speaker 2: assuming there's some good value to that acreage. Oh yeah,
- 7:40Speaker 2: why wouldn't you do a trust?
- 7:42Speaker 3: I know, why wouldn't the attorney mention?
- 7:44Speaker 4: I mean, these are all things that when you folks,
- 7:46Speaker 4: we say this to you. For us, it's a matter
- 7:48Speaker 4: of fact, but for you listeners, it's like when you're
- 7:51Speaker 4: going out now to do your own estate plan, you
- 7:54Speaker 4: kind of need to think of this.
- 7:55Speaker 3: Right.
- 7:56Speaker 4: So, if you're sitting there with the lawyer and they're saying, well,
- 7:58Speaker 4: will's fine for you, You're like, wait a minute, I
- 8:00Speaker 4: know better, right then ask.
- 8:02Speaker 2: If they're ap probate attorney too, because that's where they
- 8:04Speaker 2: make all the money.
- 8:06Speaker 4: Yeah, So I think maybe you need to, you know,
- 8:07Speaker 4: move on. But at least it gives you some education,
- 8:10Speaker 4: and that's really what this is designed about. Right next,
- 8:13Speaker 4: you know, when you have a partnership and I love
- 8:15Speaker 4: the idea for like a working farm or some kind
- 8:18Speaker 4: of a business, you know you have you know, partnership units.
- 8:21Speaker 4: Those partnership units end up need to be transferred to
- 8:24Speaker 4: the to the trust ultimately. But you know, you could
- 8:27Speaker 4: give one kid a general partnership share and other kids
- 8:31Speaker 4: limited partnership share. Maybe the one who's more interested in
- 8:34Speaker 4: the farm needs to run it. They can be the
- 8:36Speaker 4: general partner and the kids could be limited partners. I mean,
- 8:40Speaker 4: it makes you more involved. Between you and I. If
- 8:44Speaker 4: it was me, I would probably set up an LLC
- 8:46Speaker 4: for something like this and use voting and non voting shares,
- 8:49Speaker 4: and that way the child who's more involved and active
- 8:52Speaker 4: can have the voting control.
- 8:53Speaker 2: Right.
- 8:54Speaker 4: But again, you're not ignoring the other child. You're saying, Look,
- 8:57Speaker 4: in case the person who has the voting control this
- 9:00Speaker 4: IDEs to sell it, and the non voting shareholders they
- 9:03Speaker 4: still have.
- 9:04Speaker 2: An interest and they don't get disinherited.
- 9:05Speaker 4: No, they get a piece of the proceeds. They can't
- 9:07Speaker 4: decide whether they're going to sell or not. But they
- 9:09Speaker 4: get they get the piece of the piece of the proceeds,
- 9:12Speaker 4: so that might be helpful. So and I also tell
- 9:15Speaker 4: people I would probably use the LLC from a creditor standpoint.
- 9:18Speaker 4: But you know, think about this, folks, and these were
- 9:20Speaker 4: kids that were set to inherit. Right, stop and think
- 9:25Speaker 4: for a minute. If you happen to have real estate
- 9:26Speaker 4: for your for your family, even rental property, forget a farm. Sure,
- 9:30Speaker 4: if you ever are leaving rental property to your kids,
- 9:35Speaker 4: if you never put it in an LLC, first of all,
- 9:37Speaker 4: you should and get your credit or protection. It's just
- 9:41Speaker 4: kind of nonsense not to do that. But if the
- 9:43Speaker 4: kids inherit it, the first thing I tell them is
- 9:45Speaker 4: are you going to keep it? And if you're going
- 9:47Speaker 4: to keep it, let's set up an LLC to protect you,
- 9:50Speaker 4: because if someone gets hurt on the property, they're going
- 9:52Speaker 4: to sue each owner and all their personal assets.
- 9:57Speaker 3: This way, it'll just be the it'll just be the LLC.
- 10:00Speaker 4: So, folks, lots to learn about when you're drafting documents
- 10:02Speaker 4: and try to help prevent undue influence. Also, lots to
- 10:06Speaker 4: learn about understanding of state taxes and nursing home protection.
- 10:10Speaker 4: At the same time. Get the guide learn how the
- 10:13Speaker 4: taxes work and the medica and the shares work eight
- 10:16Speaker 4: sixty six eight four eight five six nine to nine
- 10:20Speaker 4: or Legal Exchange show dot com.
- 10:22Speaker 2: You've been listening to Todd Ltski, a partner with a
- 10:24Speaker 2: law firm of Cushing and Dolan. I'm Susan Powers, a
- 10:28Speaker 2: financial advisor with the Armstrong Advisory Group. We've got much
- 10:31Speaker 2: more to come when we return to the Legal Exchange
- 10:34Speaker 2: with Todd Lutsky.
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- 13:54Speaker 2: Welcome back into the Legal Exchange with Todd Lutsky. I'm
- 13:57Speaker 2: Susan Powers of financial Advice with the Armstrong Advice as Regroup,
- 14:00Speaker 2: and I'm joined by Todd Letsky, a partner with the
- 14:03Speaker 2: law firm of Cushing and Dolan with a master's in taxation.
- 14:07Speaker 2: Are we headed now, Todd.
- 14:09Speaker 3: We are gonna We're not headed anywhere.
- 14:10Speaker 4: We're gonna do it. We're gonna teach a little lesson.
- 14:13Speaker 4: Oh right, if that's right, We don't we have one
- 14:15Speaker 4: less case. But sometimes the real life stories are are
- 14:20Speaker 4: just as good. So, folks, this is really about understanding
- 14:25Speaker 4: estate planning and the steps you need to take in
- 14:28Speaker 4: doing that. And then when we get to the type
- 14:31Speaker 4: of trust we pick in this case, it'll be a
- 14:32Speaker 4: joint trust. I'm gonna explain the power and the simplicity
- 14:35Speaker 4: behind a joint revocable trust because so many people have
- 14:39Speaker 4: to trusts.
- 14:40Speaker 3: Right, So here's the facts. So you have a married couple.
- 14:44Speaker 4: So say husband, wife, come in and and they're worth
- 14:48Speaker 4: five million bucks. I'm not even gonna make it an
- 14:50Speaker 4: outrageous number, right, it could be a much higher number,
- 14:52Speaker 4: but you know five million dollars. Two million dollars is
- 14:57Speaker 4: in the wife's IRA and so when you have large iras,
- 15:02Speaker 4: that's something to think about. The rest is in a
- 15:04Speaker 4: home and an investment portfolio. So two and three they
- 15:08Speaker 4: have two kids, four grandkids, and they basically want to
- 15:11Speaker 4: do basic estate planning. Right, and so what are the process?
- 15:16Speaker 4: What are the steps should take in doing this? The
- 15:17Speaker 4: first thing is, you know, you need to figure out
- 15:20Speaker 4: what the value of the assets are. We talked about that,
- 15:22Speaker 4: I think last week, valuing what makes up your estate.
- 15:27Speaker 4: In this case, it's five million dollars and we listed
- 15:29Speaker 4: the assets. It's all assets that you own. Now you
- 15:33Speaker 4: know what they are. So now I know the number.
- 15:36Speaker 4: Once I know the number, I can then step two
- 15:40Speaker 4: think about what kind.
- 15:41Speaker 3: Of trust that I need? Right? What kind of trust?
- 15:45Speaker 4: Well, I talk to them and they say, well, listen,
- 15:48Speaker 4: we're not really ready for nursing home planning, and we
- 15:51Speaker 4: don't think we're there yet. So we know if nursing
- 15:54Speaker 4: home planning is not a concern, then the focus is
- 15:57Speaker 4: on probate, estate taxes, bloodline planning, et cetera. Yes, okay,
- 16:02Speaker 4: so now I'm shifting my attention from the irrevocable to
- 16:06Speaker 4: the revocable. And now when I get to the irrevocable discussion,
- 16:11Speaker 4: the next thing is again back to the value of
- 16:14Speaker 4: the estate. Right, how much were they worth? Do they
- 16:17Speaker 4: need one trust or do we need one for husband
- 16:22Speaker 4: and wife each? So a two trust approach. Remember when
- 16:26Speaker 4: you're this is educating you, folks, when you go to
- 16:28Speaker 4: a lawyer, you know, think about this well, because the
- 16:33Speaker 4: estate is what I call a moderate estate, meaning not
- 16:37Speaker 4: over the estate tax exemption federally.
- 16:40Speaker 2: Right, because that's what thirteen million.
- 16:42Speaker 4: Each, Yeah, so twenty six million, give or take. But
- 16:44Speaker 4: even if it's going to come down to four to
- 16:46Speaker 4: seven million, eaches fourteen million somewhere in that.
- 16:49Speaker 3: Range, you don't need two trusts. Yeah, one trust would.
- 16:54Speaker 2: Be good, but you said they're five million.
- 16:56Speaker 3: So they're way under the federal state they're over right.
- 17:01Speaker 4: Correct, the state, they're over perfectly, okay, So but it's
- 17:04Speaker 4: the federal.
- 17:05Speaker 3: When you're way over that, you want.
- 17:07Speaker 4: To start talking about two trusts. But for now, I
- 17:09Speaker 4: think one trust will work wonderful for them. But you're
- 17:12Speaker 4: absolutely right, Susan to mention the state state tax because
- 17:16Speaker 4: here the five million is not even a federal issue.
- 17:20Speaker 3: We're so far below it.
- 17:23Speaker 4: Nevertheless, when you do these trusts, you're you're planning for
- 17:25Speaker 4: both anyway. So now I want to explain why the
- 17:30Speaker 4: joint trust is so much more powerful than the two trusts,
- 17:35Speaker 4: especially when you have large irates. Now, folks, before I
- 17:39Speaker 4: do that, I just want to mention the guide one
- 17:41Speaker 4: more time. This is the kind of thing we're going
- 17:44Speaker 4: to show in the guide. It explains the an example,
- 17:49Speaker 4: It explains how the federal estate tax works. It explains
- 17:53Speaker 4: the marital share and the remainder share in a revocable trust.
- 17:56Speaker 4: It explains portability. Then it also explains the mass estate
- 18:01Speaker 4: the new Mass State tax and gives you an example
- 18:04Speaker 4: for Massachusetts and how to do it. And it offers
- 18:09Speaker 4: you the same idea. But if you want to add
- 18:13Speaker 4: nursing home planning, how it does it with irrevocable trusts.
- 18:18Speaker 4: So it's a tale of two worlds here, folks, And
- 18:21Speaker 4: it's really a guide for everyone. Revocable people or people
- 18:25Speaker 4: that are interested in irrevocable trusts. Please call and get
- 18:28Speaker 4: it eight six six eight four eight five six ninety
- 18:32Speaker 4: nine or Legal Exchange Show dot com again eight six
- 18:36Speaker 4: six eight four eight five six ninety nine or Legal
- 18:41Speaker 4: Exchange Show dot Com. Back to the power of joint trusts. Okay,
- 18:49Speaker 4: So in this case, you're going to see in a
- 18:51Speaker 4: minute how it really allows a family to cram down
- 18:57Speaker 4: and shelter more assets on the first death then you
- 19:02Speaker 4: could ever do if you had to divide the assets
- 19:06Speaker 4: and shelter on the first death between two trusts.
- 19:09Speaker 3: Right, So, for.
- 19:10Speaker 4: Example, if we know that you're gonna have two million
- 19:15Speaker 4: dollars in IRA assets, and we know those are not
- 19:18Speaker 4: going to go in any trust, they can't while you're alive,
- 19:22Speaker 4: you pull them out. So if the wife tried to
- 19:24Speaker 4: pull them out and put them in a trust, she
- 19:25Speaker 4: would have to pay big income tax.
- 19:28Speaker 3: So we're going to leave.
- 19:29Speaker 4: Those outside the trust. So now that only leaves US
- 19:31Speaker 4: three million dollars in this estate to shelter on the
- 19:35Speaker 4: first death. Well, if you had two trusts because you
- 19:40Speaker 4: don't know who's going to die first, and you put
- 19:43Speaker 4: a million five in each trust, then on the first death,
- 19:49Speaker 4: the remainder share is going to be funded with assets
- 19:54Speaker 4: up to two million. That's your credit shelter share. For Massachusetts.
- 19:58Speaker 4: That's the Massachusetts to state tax Folks, for different states,
- 20:02Speaker 4: please see it's state specific.
- 20:04Speaker 3: See your state.
- 20:07Speaker 4: Okay, So a million five is less than two millions,
- 20:11Speaker 4: so that will end up in the remainder share and
- 20:13Speaker 4: it will be sheltered from.
- 20:14Speaker 3: A state taxes. I like it.
- 20:18Speaker 4: However, when the surviving spouse dies, she's got her two
- 20:20Speaker 4: million dollars of IRA money, and her own one point
- 20:24Speaker 4: five million in her trust. So that's three point five
- 20:30Speaker 4: million dollars of assets minus two, which is your exemption,
- 20:36Speaker 4: leaves one point five million.
- 20:38Speaker 3: Subject to tax.
- 20:39Speaker 4: YEP going to be every bit of one hundred and
- 20:42Speaker 4: fifty thousand dollars in tax form MASS none for FED,
- 20:47Speaker 4: I get it.
- 20:49Speaker 3: Enter the joint trust. So with the joint trust.
- 20:54Speaker 4: You have the beauty of something known as a general
- 20:57Speaker 4: power of appointment. In this case, we're gonna put all
- 21:01Speaker 4: three million dollars, not the two the two for the IRA.
- 21:06Speaker 3: Correct, the IRA remains outside.
- 21:09Speaker 4: So now I'm gonna cram the whole three million dollars
- 21:12Speaker 4: into this joint trust, and we're not going to care
- 21:15Speaker 4: even who contributed doesn't matter, because there's a general power
- 21:19Speaker 4: of appointment built into the trust that says when one dies,
- 21:24Speaker 4: it causes all the assets to be included, regardless of
- 21:28Speaker 4: who contributed, because you give the power to appoint those
- 21:32Speaker 4: assets to each other.
- 21:35Speaker 3: Wow.
- 21:36Speaker 4: Now I have three million dollars in a marital share
- 21:38Speaker 4: and a remainder share. Now you see, I can cram
- 21:41Speaker 4: down the full two million from the three. I can
- 21:44Speaker 4: put two into the remainder share and one into the
- 21:47Speaker 4: mass q tip share. So now when I shelter two
- 21:52Speaker 4: million dollars no tax, I have a credit for two
- 21:55Speaker 4: million on the first death.
- 21:57Speaker 2: Yep, regardless of who dies.
- 21:59Speaker 4: Right, And it's very good to do when you have
- 22:01Speaker 4: these large iras that you can't.
- 22:03Speaker 2: Move, So you're grabbing that full two million, whereas before
- 22:06Speaker 2: you only have you left five hundred thousand on the table.
- 22:09Speaker 2: It's exactly only had one and a half million.
- 22:11Speaker 4: So now play out the string the survivor dies. Yeah,
- 22:14Speaker 4: that two million dollar IRA is there plus one million
- 22:19Speaker 4: in the Q tip, so she's worth three yep, minus
- 22:23Speaker 4: two is one the tax. After some deductions, you're looking
- 22:26Speaker 4: at maybe eighty grand, about fifty percent you saved.
- 22:29Speaker 3: Yeah, I mean it's.
- 22:31Speaker 2: Worth because it was one hundred and fifty and then
- 22:32Speaker 2: down to eighty.
- 22:33Speaker 4: So and that's really the best you could do because
- 22:36Speaker 4: of the IRS.
- 22:37Speaker 2: Trust planning, right, just basic revocable.
- 22:39Speaker 4: Trust, basic revocable trust planning. So it really and it
- 22:43Speaker 4: does even more than that. We don't obviously have time
- 22:45Speaker 4: to do it all, but I can at least tell
- 22:47Speaker 4: you that also what happened on the first death, you
- 22:51Speaker 4: got a full step up in basis on the whole
- 22:53Speaker 4: three million because that was all included on the first death.
- 22:57Speaker 4: Remember when you separate them, only half is included on
- 23:00Speaker 4: the first death, so you get a little better bang
- 23:03Speaker 4: for your step up in basis which eliminates capital gains
- 23:05Speaker 4: taxes as well. Last comment for irrevocable trust planning, you
- 23:09Speaker 4: would not do the joint trust. I just want to
- 23:12Speaker 4: throw that out there, folks. Lots to learn about when
- 23:15Speaker 4: it comes to taxes. A tale of two objectives. Learn
- 23:18Speaker 4: how the taxes work. Get the guide eight six six
- 23:22Speaker 4: eight four eight five six nine to nine or Legal
- 23:25Speaker 4: Exchange show dot com. It does both revocable estate tax
- 23:30Speaker 4: planning and irrevocable state tax planning to protect the assets
- 23:34Speaker 4: from the nursing home and shelter for taxes.
- 23:37Speaker 2: You've been listening to Todd Lutsky, a partner with the
- 23:40Speaker 2: law firm of Cushing and Dolan. I'm Susan Powers, a
- 23:43Speaker 2: financial advisor with the Armstrong Advisory Group, and Todd will
- 23:47Speaker 2: be answering your listener questions when we return to the
- 23:50Speaker 2: Legal Exchange with Todd Lutsky.
- 23:53Speaker 1: If you're retired or nearing retirement and haven't done your
- 23:56Speaker 1: planning yet, you could be missing out on opportunities that
- 23:59Speaker 1: can save you thousands of dollars. Cushing and Dolan are
- 24:02Speaker 1: experts in elder law and taxation, and they have a
- 24:04Speaker 1: new guide out this month called Balancing Asset Protection and
- 24:07Speaker 1: Avoiding Estate Taxes. Early estate planning can have many benefits,
- 24:11Speaker 1: especially if you want to protect the assets, but there's
- 24:14Speaker 1: another big advantage. Doing your planning the right way might
- 24:17Speaker 1: also help you eliminate your estate taxes. Learn how to
- 24:20Speaker 1: keep your assets in your family and avoid probate. Get
- 24:23Speaker 1: Cushing and Dolan's brand new guide called Balancing Asset Protection
- 24:26Speaker 1: and Avoiding Estate Taxes. Call right now eight sixty six
- 24:29Speaker 1: eight four eight five six ninety nine. That number again
- 24:32Speaker 1: is eight sixty six eight four eight five six ninety nine,
- 24:35Speaker 1: or you can request your guide online from our website
- 24:38Speaker 1: Legal exchange show dot com. That's Legal exchange show dot com.
- 24:43Speaker 1: The proceeding was paid for in The views expressed are
- 24:44Speaker 1: solely those of Cushing and Dolan. Cushing and Dolan and
- 24:47Speaker 1: or Armstrong Advisory may contact you offering legal or investment services.
- 24:50Speaker 1: Cushing and Dolan and Armstrong Advisory do not endorse each
- 24:52Speaker 1: other and are not affiliated. The US Virgin Islands are
- 24:57Speaker 1: Saint Croix, Saint Thomas and Saint John. Visit one or
- 25:01Speaker 1: all three and enjoy the vacation of a lifetime. Each
- 25:04Speaker 1: island is special in its own unique way, So whether
- 25:07Speaker 1: you want the heritage of Saint Croix, the pristine beaches
- 25:10Speaker 1: of Saint Thomas, or the common relaxation of Saint John,
- 25:13Speaker 1: the US Virgin Islands is one of the top vacation
- 25:16Speaker 1: spots to visit in the Caribbean. You can expect perfect temperatures,
- 25:19Speaker 1: a wide variety of water sports, world class cuisine, and
- 25:22Speaker 1: a vibrant nightlife. From the moment you arrive, you'll fall
- 25:26Speaker 1: naturally in rhythm with the heartbeat of the islands. There's
- 25:28Speaker 1: no money to exchange, and travel from New England could
- 25:31Speaker 1: not be easier. Make your plans now by going to
- 25:34Speaker 1: visit USVII dot com. Learn about all three islands and
- 25:38Speaker 1: plan the ideal vacation for you and your family. America's
- 25:41Speaker 1: Caribbean paradise is waiting for you, so head to visit
- 25:44Speaker 1: USVII dot com for more information and to reserve your
- 25:47Speaker 1: trip today. That's visit USVII dot com.
- 25:54Speaker 6: Hi, This is Chucks outa from the Armstrong Advisory Group.
- 25:57Speaker 6: Your lifelong financial plan should always be top of my mine,
- 26:00Speaker 6: and as another new year approaches, now is the time
- 26:03Speaker 6: to review some key numbers that may affect your strategy
- 26:05Speaker 6: going forward. Our guide walks you through several important numbers
- 26:08Speaker 6: that you'll need to be familiar with for twenty twenty five,
- 26:11Speaker 6: especially from a tax standpoint. It's called Key Numbers for
- 26:14Speaker 6: twenty twenty five, and in it will explain marginal tax
- 26:17Speaker 6: brackets for both married couples and single filers, as well
- 26:20Speaker 6: as information about the standard deduction that'll be pivotal for
- 26:23Speaker 6: your financial planning strategy. We'll also explore other areas like
- 26:27Speaker 6: the federal estate tax and gifting limits. Call us right
- 26:30Speaker 6: now at eight hundred thirty nine three for zero zero
- 26:33Speaker 6: one and ask for your free guide today. That's eight
- 26:36Speaker 6: hundred three nine three for zero zero one.
- 26:39Speaker 1: The proceeding was paid for by Armstrong Advisory Group, a
- 26:42Speaker 1: registered investment advisor. Nothing in the ad or in any
- 26:44Speaker 1: Armstrong guide a specific financial, legal or tax advice. Consult
- 26:47Speaker 1: your own financial tax into state planning advisors before making
- 26:50Speaker 1: any investment decisions. Armstrong may contact you to offer investment
- 26:53Speaker 1: advisory services. Hi.
- 26:55Speaker 7: I'm Michael Valila adjedent of the Disabled American Veterans Department
- 26:58Speaker 7: of Massachusetts. Massachusetts provides thousands of hours of voluntary services
- 27:03Speaker 7: at our VA medical centers and soldiers' homes, and is
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- 27:23Speaker 7: That's davfivek dot Boston.
- 27:26Speaker 1: You're listening to the Legal Exchange and it's time for
- 27:29Speaker 1: Ask Todd, the segment where Todd will answer your questions
- 27:33Speaker 1: about anything and everything that's included in the estate planning process.
- 27:37Speaker 1: Once again, here's Todd Lutsky and Susan Powers.
- 27:42Speaker 2: Welcome back, Todd. Have a few questions from listeners for you.
- 27:46Speaker 2: First question comes from Christine and Falmouth, mass And Christine writes,
- 27:50Speaker 2: I am single but have a significant other. We live
- 27:53Speaker 2: together at a home that I own. I'd like to
- 27:55Speaker 2: have this home go to my two children eventually, but
- 27:58Speaker 2: I don't want my kids to cake out if I
- 28:00Speaker 2: die first. They all get along now, but I know
- 28:04Speaker 2: that things can change after someone dies. Is there a
- 28:07Speaker 2: way I can make sure that he can live in
- 28:09Speaker 2: that home for a few years until he gets himself
- 28:12Speaker 2: settled somewhere else.
- 28:14Speaker 3: So I see this a lot, right.
- 28:17Speaker 4: This is not a second marriage, folks, we talk a
- 28:19Speaker 4: lot about second marriages. This is not that, but kind
- 28:24Speaker 4: of like that because there's a significant other who could
- 28:29Speaker 4: have been a spouse but is not, so we can
- 28:33Speaker 4: draft for it. We can certainly plan for it in
- 28:35Speaker 4: a similar way. Obviously, we would want this house to
- 28:39Speaker 4: go into a trust. So again part of the process
- 28:43Speaker 4: would be what kind of trust. I don't really see
- 28:46Speaker 4: the size of the estate listed here, but doesn't matter
- 28:50Speaker 4: so much. When you're dealing with a single person. It's
- 28:54Speaker 4: a little different, right, You don't have that marital share
- 28:56Speaker 4: and remainder share. So I would be guessing saying that,
- 29:01Speaker 4: if in fact you want to make sure you take
- 29:04Speaker 4: care of this person, that that house should probably go
- 29:09Speaker 4: into an irrevocable medicaid trust. Would be my thought, right,
- 29:14Speaker 4: because not being a spouse. Believe it or not, there's
- 29:19Speaker 4: pros and cons to being married. In this case, not
- 29:23Speaker 4: being married doesn't help the significant other, because if they
- 29:28Speaker 4: were married, a house at least would be non countable
- 29:31Speaker 4: for a spouse if one went into the nursing home
- 29:34Speaker 4: got it. However, here, since they're not married, there's no relation,
- 29:38Speaker 4: it would be at risk. And so if she doesn't
- 29:41Speaker 4: put it into an irrevocable trust and goes to the
- 29:45Speaker 4: nursing home, he would have no house or potentially would
- 29:50Speaker 4: have no house. So we want to make sure that
- 29:52Speaker 4: that house is tucked away in an irrevocable trust. So
- 29:55Speaker 4: that's step one. Once it's in there, she's learn more
- 30:00Speaker 4: about what happens when she passes, so while when she passes,
- 30:05Speaker 4: it will avoid probate. And then we need to draft
- 30:08Speaker 4: language that says the trustee obviously pause, who is that
- 30:14Speaker 4: I suppose it could be the kids, her kids or
- 30:18Speaker 4: maybe her kids and the significant other. So they work together, right,
- 30:23Speaker 4: you know, to make sure this actually happens. So she's
- 30:26Speaker 4: gonna have to think that through with her advisor and
- 30:29Speaker 4: her family. So the trustee then it will say we'll
- 30:34Speaker 4: hold the property located at X y Z Street or
- 30:39Speaker 4: any replacement.
- 30:40Speaker 3: Property so in case they move, very.
- 30:43Speaker 4: Important right to plan for flexibility, So if they move
- 30:47Speaker 4: and buy another house well, then that house gets the
- 30:50Speaker 4: same treatment. What is that treatment? Hold it in trust
- 30:55Speaker 4: for significant other? Then you've got to tailor the terms
- 31:00Speaker 4: that she was looking for. While I want to give
- 31:02Speaker 4: them two years sure to get settled and find a
- 31:05Speaker 4: new place, so he now has two years.
- 31:08Speaker 3: You could do it for his life if you really
- 31:11Speaker 3: want it.
- 31:12Speaker 2: So what happens though, because there's a cost associated with
- 31:15Speaker 2: keeping that house? Are her kids on the hook for
- 31:18Speaker 2: paying all the bills?
- 31:19Speaker 4: So next consideration, right, you have to think about, am
- 31:23Speaker 4: I going to leave money in the trust to be
- 31:25Speaker 4: used to maintain the house? Am I going to leave
- 31:28Speaker 4: the money to my children so they get something and
- 31:31Speaker 4: not have to wait? And if I do that, then
- 31:33Speaker 4: I have to put language in the trust that says,
- 31:36Speaker 4: you know, he can live there, but he's got to
- 31:39Speaker 4: maintain it.
- 31:40Speaker 3: And that's probably fair.
- 31:41Speaker 2: The bills and all that.
- 31:42Speaker 4: Yeah, you say, he's got to pay the utility bills,
- 31:45Speaker 4: the taxes, the maintenance, the upkeep, and if they're then
- 31:48Speaker 4: put teeth in it. Right, if there's ever an unpaid
- 31:50Speaker 4: bill for more than thirty ninety consecutive days, you lose
- 31:55Speaker 4: your right. If you leave the house for six consecutive months, well,
- 31:59Speaker 4: you abandoned it, you lose your right. You know, if
- 32:02Speaker 4: you give us notice that you're moving out, you lose
- 32:05Speaker 4: your right or you die, you know. So you put
- 32:07Speaker 4: these little restrictions in and then you describe what happens
- 32:11Speaker 4: to the house when those trigger events occur. It might
- 32:15Speaker 4: be to the kids, which is what you wanted. So
- 32:18Speaker 4: absolutely you can do this, folks.
- 32:21Speaker 3: You just need to.
- 32:22Speaker 4: Make sure it's drafted right and address those issues also
- 32:27Speaker 4: with the guide this month. Make sure it's drafted right
- 32:30Speaker 4: so that you can get your tax savings right. And
- 32:34Speaker 4: so this is a tale of two objectives, reducing estate
- 32:37Speaker 4: taxes and protecting assets from the nursing home. It explains probate,
- 32:43Speaker 4: I mean, it explains portability. Excuse me, It explains the
- 32:46Speaker 4: new mass estate tax. It explains the federal rules and
- 32:50Speaker 4: gives you an example of how revocable trusts operate to
- 32:54Speaker 4: shelter estate taxes. And it also allows you to look
- 32:58Speaker 4: at the irrevocable trust and an example there. To get
- 33:02Speaker 4: the same tax benefits but protected from the nursing home,
- 33:06Speaker 4: call and get the guide eight six six eight four
- 33:09Speaker 4: eight five six nine nine or Legal Exchange show dot
- 33:13Speaker 4: Com again eight six six eight, four, eight, five, six,
- 33:17Speaker 4: nine nine or Legal Exchange show dot com todd.
- 33:21Speaker 2: Our last question comes from Vicki and Braintree, Mass and
- 33:24Speaker 2: Vicki Wrights. My husband and I live separately but are
- 33:27Speaker 2: still married, and we file taxes separately. We are still friends,
- 33:32Speaker 2: but are not planning to get divorced because of our
- 33:34Speaker 2: insurance benefits and pension survivor benefits. Who excuse me? Would
- 33:39Speaker 2: you do our trust planning together or do we need
- 33:42Speaker 2: to create separate plans. We have a total combined of
- 33:45Speaker 2: about one hundred one point five million in assets. We
- 33:49Speaker 2: are both in good health and in our mid sixties, so.
- 33:54Speaker 4: You know, to me, they're still a married couple, which
- 33:57Speaker 4: is what they are under the lawn, and they seem
- 34:00Speaker 4: to get along. And this is not uncommon. People do this, right,
- 34:04Speaker 4: they're just living separately, but they might have the same kids,
- 34:08Speaker 4: that might be the same family, so you know, And
- 34:12Speaker 4: I experienced this recently with an old existing client who
- 34:17Speaker 4: had gotten divorced and called me and said, now you know,
- 34:20Speaker 4: we're in Florida and we're going to get remarried. And
- 34:22Speaker 4: I said, okay, well that's fine, let's do it. But
- 34:24Speaker 4: you know, my soon to be husband has got his
- 34:27Speaker 4: own lawyer and he's going to do planning, you know,
- 34:31Speaker 4: to take care of me apparently. But he told me
- 34:33Speaker 4: and their lawyer said you should get your own lawyer.
- 34:38Speaker 4: So I'm calling you and I'm like, well, that's kind
- 34:41Speaker 4: of strange because I don't think you actually need to
- 34:44Speaker 4: do that.
- 34:44Speaker 3: There's certainly no.
- 34:45Speaker 4: Law that requires you, you know, to get separate lawyers
- 34:50Speaker 4: if you're married, even if it's a second marriage, right,
- 34:54Speaker 4: you don't have to.
- 34:54Speaker 3: In this case, it's a first marriage.
- 34:56Speaker 4: So I think as long as they're getting along, I
- 34:59Speaker 4: would towards the side of saying, look, I can represent
- 35:03Speaker 4: both of you. There's no conflict here, you're not fighting,
- 35:08Speaker 4: and I think it's kind of important to have both
- 35:11Speaker 4: of you at the meeting, right, so that both of
- 35:13Speaker 4: your plans can be tailored to, you know, understand how
- 35:18Speaker 4: we're taking care of each other.
- 35:20Speaker 2: So, would you have separate plans, separate trusts where they
- 35:23Speaker 2: I mean they could own houses separately and individual.
- 35:26Speaker 4: Yeah, so one point five assets, you know, I guess
- 35:29Speaker 4: it depends, since they have they have separated a lot
- 35:32Speaker 4: of their assets, right, right, So probably not the house
- 35:35Speaker 4: though the houses.
- 35:36Speaker 2: Well, they don't live together.
- 35:38Speaker 3: So you think they have separate houses.
- 35:40Speaker 2: Have separate houses.
- 35:41Speaker 4: Yeah, it seems like a low number to have two
- 35:43Speaker 4: separate houses, but anyways, it could be. So, so let's
- 35:47Speaker 4: say that if they have two separate houses, that's easier.
- 35:49Speaker 3: Yeah, I would say that normally.
- 35:51Speaker 4: You're right, I just got done talking about a joint
- 35:53Speaker 4: trust and how I would normally do a joint trust
- 35:55Speaker 4: for an a state this size, But I would probably
- 35:59Speaker 4: say two trusts if they want to keep things separate. Right,
- 36:04Speaker 4: that way, you have them set up separately, but they
- 36:06Speaker 4: need to understand how they kind of work together. So
- 36:09Speaker 4: are we taking care of each other or are we
- 36:12Speaker 4: okay saying on the death of one, I'm disinheriting you
- 36:15Speaker 4: and I want it to go to the kids.
- 36:17Speaker 3: So that's why I think one lawyer makes.
- 36:20Speaker 2: Sense because then they're working together.
- 36:22Speaker 3: Now you're kind of like all on the same page.
- 36:25Speaker 4: Can you do it with two? Yeah, But then each
- 36:28Speaker 4: lawyer probably should talk to each other to make sure
- 36:32Speaker 4: that the plans are you know, so they understand how
- 36:35Speaker 4: they're kind of taking care of each other. Because remember,
- 36:38Speaker 4: you can't just disinherit a spouse. You may be living
- 36:42Speaker 4: separately legal, but you're still married. Yeah, so those those
- 36:47Speaker 4: forced share rules still really apply. So I would say
- 36:52Speaker 4: it's not uncommon, but I think it could absolutely be accomplished.
- 36:55Speaker 4: Here folks, just learn how that works. Get your guide
- 36:58Speaker 4: in this situation. Just to tell you one more time,
- 37:01Speaker 4: a tale of two objectives eight six six eight four
- 37:05Speaker 4: eight five six nine to nine or Legal Exchange Show
- 37:09Speaker 4: dot com.
- 37:10Speaker 2: If you have a question you would like to ask Todd,
- 37:12Speaker 2: visit his website Legal Exchange Show dot com and click
- 37:16Speaker 2: on the ask Tod tab. Maybe I'll be able to
- 37:18Speaker 2: read your question on the air, and hopefully his answer
- 37:21Speaker 2: will stop you from becoming one of his next real
- 37:24Speaker 2: life stories. You've been listening to Todd Lutsky, a partner
- 37:27Speaker 2: with the law firm of Cushing and Dolan. I'm Susan Powers,
- 37:31Speaker 2: a financial advisor with the Armstrong Advisory Group. We'll be
- 37:34Speaker 2: back with more after this quick break on the Legal
- 37:37Speaker 2: Exchange with Todd Letsky.
- 37:40Speaker 1: If you're retired or nearing retirement and haven't done your
- 37:43Speaker 1: planning yet, you could be missing out on opportunities that
- 37:45Speaker 1: can save you thousands of dollars. Cushing and Dolan are
- 37:48Speaker 1: experts and elder law and taxation, and they have a
- 37:51Speaker 1: new guide out this month called Balancing Asset Protection and
- 37:54Speaker 1: Avoiding Estate Taxes. Early estate planning can have many benefits,
- 37:58Speaker 1: especially if you want to protect the asset, but there's
- 38:00Speaker 1: another big advantage. Doing your planning the right way might
- 38:03Speaker 1: also help you eliminate your estate taxes. Learn how to
- 38:06Speaker 1: keep your assets in your family and avoid probate. Get
- 38:09Speaker 1: Cushing and Dolan's brand new guide called Balancing Asset Protection
- 38:13Speaker 1: into Avoiding Estate Taxes. Call right now eight sixty six
- 38:16Speaker 1: eight four eight five six niney nine. That number again
- 38:19Speaker 1: is eight six six eight four eight five six nine nine,
- 38:22Speaker 1: or you can request your guide online from our website
- 38:25Speaker 1: Legal exchange show dot com. That's Legal exchange show dot com.
- 38:29Speaker 1: The proceeding was paid for in The views expressed are
- 38:31Speaker 1: solely those of Cushing and Dolan. Cushing and Dolan and
- 38:33Speaker 1: or Armstrong Advisory may contact you offering legal or investment services.
- 38:36Speaker 1: Cushing and Dolan and Armstrong Advisory do not endorse each
- 38:39Speaker 1: other and are not affiliated.
- 38:40Speaker 5: Financial planning is a year round job, and with twenty
- 38:43Speaker 5: twenty four coming to an end, now is the perfect
- 38:45Speaker 5: time to take a hard look at your strategy and
- 38:47Speaker 5: what changes you may want to make going forward. Hi,
- 38:50Speaker 5: this is Mike Armstrong from the Armstrong Advisory Group and
- 38:53Speaker 5: our new guide may help you understand some key numbers
- 38:55Speaker 5: that can affect your planning next year. There are many
- 38:57Speaker 5: important topics to review, like marginal tax rackets and retirement
- 39:01Speaker 5: account income limits if you're retired or getting ready to retire.
- 39:04Speaker 5: The guide also focuses on the many ways that the
- 39:07Speaker 5: government taxes your social security benefits. Take the time now
- 39:10Speaker 5: to reflect on your current strategy so you can be
- 39:13Speaker 5: fully prepared for any adjustments you may want to make
- 39:16Speaker 5: in the future. Get your copy of our new guide
- 39:18Speaker 5: Key Numbers to Know for twenty twenty five by calling
- 39:20Speaker 5: eight hundred three nine three four zero zero one. That
- 39:24Speaker 5: number again is eight hundred three nine three four zero
- 39:26Speaker 5: zero one.
- 39:27Speaker 1: The proceeding was paid for by Armstrong Advisory Group, a
- 39:29Speaker 1: registered investment advisor. Nothing in the ad or in any
- 39:31Speaker 1: Armstrong Guide a specific financial, legal or tax advice. Consult
- 39:34Speaker 1: your own financial, tax into state planning advisors before making
- 39:37Speaker 1: any investment decisions. Armstrong may contact you to offer investment
- 39:39Speaker 1: advisory services. The US Virgin Islands are Saint Croix, Saint
- 39:45Speaker 1: Thomas and Saint John. Visit one or all three and
- 39:49Speaker 1: enjoy the vacation of a lifetime. Each island is special
- 39:52Speaker 1: in its own unique way, so whether you want the
- 39:54Speaker 1: heritage of Saint Croix, the pristine beaches of Saint Thomas,
- 39:58Speaker 1: or the common relaxation of Saint john On, the US
- 40:01Speaker 1: Virgin Islands is one of the top vacation spots to
- 40:03Speaker 1: visit in the Caribbean. You can expect perfect temperatures, a
- 40:06Speaker 1: wide variety of water sports, world class cuisine, and a
- 40:09Speaker 1: vibrant nightlife. From the moment you arrive, you'll fall naturally
- 40:13Speaker 1: in rhythm with the heartbeat of the islands. There's no
- 40:15Speaker 1: money to exchange, and travel from New England could not
- 40:18Speaker 1: be easier. Make your plans now by going to visit
- 40:21Speaker 1: USVII dot com. Learn about all three islands and plan
- 40:25Speaker 1: the ideal vacation for you and your family. America's Caribbean
- 40:29Speaker 1: paradise is waiting for you, so head to visit USVII
- 40:32Speaker 1: dot com for more information and to reserve your trip today.
- 40:35Speaker 1: That's visit USVII dot com. Your tune to the legal
- 40:43Speaker 1: Exchange with Todd Lutsky. If you are a loved one
- 40:46Speaker 1: needs a nursing homestay, call Todd right now at eight
- 40:49Speaker 1: six six eight four eight five six nine nine and
- 40:51Speaker 1: let him make sure your assets are protected. That's eight
- 40:54Speaker 1: six six eight four eight five six nine nine, or
- 40:57Speaker 1: visit him online at Legal Exchange show dot com.
- 41:01Speaker 2: Welcome back into the Legal Exchange with Todd Lutsky. I'm
- 41:04Speaker 2: Susan Powers, a financial advisor with the Armstrong Advisory Group,
- 41:08Speaker 2: and I'm joined, of course by Todd Lutsky, a partner
- 41:11Speaker 2: with the law firm of Cushing and Dolan with a
- 41:14Speaker 2: master's in taxation. So, Todd, last week we went into
- 41:18Speaker 2: detail about what's included in your taxable estate.
- 41:22Speaker 3: Oh yes, physically everything.
- 41:24Speaker 2: So I want to just walk through so people can
- 41:27Speaker 2: really understand for a married couple, Can you give us
- 41:32Speaker 2: an example of how you can actually reduce or even
- 41:35Speaker 2: better in a lot of cases, eliminate your estate taxes
- 41:40Speaker 2: for a married couple.
- 41:42Speaker 4: So federal or state, we want we can do a
- 41:44Speaker 4: big example, or we could do you both. Yeah, So
- 41:47Speaker 4: you know, and I think it's it's really powerful when
- 41:51Speaker 4: you start talking about you know, estate's north of thirteen million, right,
- 41:56Speaker 4: So I mean if you have a twenty million dollar estate,
- 41:59Speaker 4: you think, while that's really huge, and it is. But
- 42:04Speaker 4: the question is, do you need more sophisticated planning for
- 42:11Speaker 4: somebody like that? Do you think, wow, now I need
- 42:13Speaker 4: to be wow all kinds of planning answers No, No,
- 42:18Speaker 4: very simple. You can still get away with basic estate
- 42:22Speaker 4: planning one oh one. Why because these exemptions are so high.
- 42:27Speaker 4: The exemptions I'm now talking about is federal. The federal exemption,
- 42:32Speaker 4: it will be thirteen point nine million, wow, and change
- 42:37Speaker 4: in twenty twenty five January one. I like that, so
- 42:42Speaker 4: let's make it fourteen right, So if you're worth twenty
- 42:46Speaker 4: that's only six million over one exemption. Right. So, if
- 42:51Speaker 4: you're married and you want to and you didn't do
- 42:55Speaker 4: any planning and you didn't elect portability on the first death,
- 42:58Speaker 4: everything just went to the serve, which is what happens folks,
- 43:02Speaker 4: when you don't do anything. It's it's almost an automatic.
- 43:06Speaker 4: Because we know how married couples own things, right, so
- 43:09Speaker 4: it's likely to be an automatic. So now, if you
- 43:13Speaker 4: don't go out of your way to make your portability election,
- 43:16Speaker 4: you could ultimately waste the exemption on the first death
- 43:21Speaker 4: of fourteen million. And so now the surviving spouse who
- 43:26Speaker 4: likely won't plan because they didn't plan where they were living,
- 43:29Speaker 4: has twenty million when they die. When they die, assuming
- 43:33Speaker 4: it's the next day, so it's twenty minus fourteen six million,
- 43:38Speaker 4: six million times really fifty percent. When you throw in
- 43:42Speaker 4: the state forty and teneah, right, you're looking at three
- 43:46Speaker 4: million dollars in tax in a state tax. That's just
- 43:49Speaker 4: a giveaway, right if it go ahead?
- 43:51Speaker 2: Yeah, And how would it be if they actually did
- 43:54Speaker 2: their trust planning.
- 43:55Speaker 3: That's the difference.
- 43:56Speaker 4: And that's a simple when I say simple estate tax planning.
- 44:00Speaker 4: So maybe in this size of state, I might do
- 44:02Speaker 4: two trusts, two revocable trusts, and let's say we throw
- 44:09Speaker 4: you know, ten million in one trust. Well on the
- 44:12Speaker 4: first death. There's that marital share and remainder share also
- 44:15Speaker 4: mentioned in the guide right and explains how you would
- 44:19Speaker 4: put two million in the remainder share for mass tax purposes,
- 44:23Speaker 4: that equals to equals the exemption and the balance in
- 44:26Speaker 4: the q TIP or special marital share, which would be
- 44:30Speaker 4: eight million. So I have eight and two. The eight
- 44:33Speaker 4: and two combined equal ten and that's taxable or includable
- 44:38Speaker 4: might be the better word. In the estate of the
- 44:42Speaker 4: first to die or the one whose trust that is
- 44:44Speaker 4: ye well, there's a fourteen million dollar exemption, so ten
- 44:49Speaker 4: fourteen minus ten.
- 44:51Speaker 3: Now there's no tax due on the.
- 44:53Speaker 4: First death federally, and a four million dollar coupon called
- 45:00Speaker 4: spouse's unused exemption or portability if we would then make
- 45:03Speaker 4: the election, because we would for them when we file
- 45:06Speaker 4: the tax return, so.
- 45:08Speaker 2: That carries over, so it gets added to the surviving
- 45:11Speaker 2: spouse's exemption amount.
- 45:13Speaker 4: Correct, So that's fourteen plus the four unused Right now,
- 45:19Speaker 4: she's got eighteen yep. But if she died the next day,
- 45:22Speaker 4: she'd only be worth ten. She got room for growth.
- 45:26Speaker 4: Her ten could go to eighteen and there's still be
- 45:28Speaker 4: no estate tax. We're saving millions of dollars folks with
- 45:33Speaker 4: basic estate planning, even for seemingly higher net worth clients
- 45:39Speaker 4: with exemptions that high folks get the guide. That's what
- 45:44Speaker 4: this explains to you, how the revocable trust works. Explains portability,
- 45:49Speaker 4: explains the shares, the marrill and the remainder shares. It
- 45:53Speaker 4: also explains the mass estate tax and gives you examples
- 45:57Speaker 4: for those, and then adds in Irrevocable trust is if
- 46:01Speaker 4: you want to protect from a nursing home. Obviously, not
- 46:03Speaker 4: the wealthy they would be self in short, but it's
- 46:06Speaker 4: really a guide for everyone folks eight six six eight
- 46:10Speaker 4: four eight five six nine nine or Legal Exchange Show
- 46:15Speaker 4: dot com again eight six six eight four eight five
- 46:18Speaker 4: six nine nine or Legal Exchange Show dot com.
- 46:22Speaker 2: How about Todd? I mean, you'd like to think that
- 46:25Speaker 2: someone with that high of a net worth would do
- 46:28Speaker 2: some planning, but you and I both know how many
- 46:32Speaker 2: times they haven't done any planning at all. I know
- 46:35Speaker 2: what happens if one spouse dies before you've done any planning.
- 46:39Speaker 2: Is there any kind of a like a grace period
- 46:42Speaker 2: or anything where something can be done after a spouse
- 46:46Speaker 2: dies post mortem?
- 46:47Speaker 4: Yeah, in your example, when you say nothing's been done,
- 46:51Speaker 4: are we saying there's no trust in place or they
- 46:54Speaker 4: just didn't fund the trust in their Actually they've done nothing.
- 46:58Speaker 4: So if they've done nothing, it's it's it's pretty hard
- 47:01Speaker 4: to do post mortem planning short of, you know, disinheriting
- 47:06Speaker 4: a spouse, which again, what can you do with short
- 47:10Speaker 4: post mortem planning?
- 47:11Speaker 3: You can do a disclaimer, but in order.
- 47:13Speaker 4: To disclaim, you have to there has to be something
- 47:16Speaker 4: in place saying you're entitled to this. So when you
- 47:19Speaker 4: say no planning even if there's a will that says
- 47:22Speaker 4: I leave everything to my spouse, yeah, which is typical
- 47:25Speaker 4: and they've.
- 47:26Speaker 2: Had thirty years. But whatever, they have a.
- 47:28Speaker 4: Will and it probably says I leave everything to my
- 47:30Speaker 4: spouse if living otherwise my kids.
- 47:34Speaker 3: Yes, so post.
- 47:36Speaker 4: Mortem planning would be okay. Well, if we're dealing with
- 47:40Speaker 4: my twenty million dollar example from the first part, you know, maybe.
- 47:45Speaker 3: The spouse, the surviving spouse has.
- 47:47Speaker 4: Ten million on her own yep, you know. Or the
- 47:50Speaker 4: assets were joint so she already owns half. Well, the
- 47:53Speaker 4: other half is on its way to her. So or
- 47:58Speaker 4: even if it was to go through the will to her,
- 48:01Speaker 4: can that spouse say I disclaim meaning I don't want
- 48:06Speaker 4: what's coming to me.
- 48:08Speaker 3: Yes, So if you can do within nine months.
- 48:12Speaker 4: Of the date of death to make it a qualified disclaimer, yep,
- 48:17Speaker 4: file this with the probate court saying I don't want
- 48:20Speaker 4: I'm disclaiming my interest then and again, I guess from
- 48:25Speaker 4: a joint account you could do it. But let's say
- 48:28Speaker 4: it's going through the probate will. Then you cannot direct
- 48:33Speaker 4: where it goes.
- 48:35Speaker 2: You can can't decide yes.
- 48:37Speaker 3: You can just say I don't want it, so treat.
- 48:39Speaker 2: Me like I already died.
- 48:40Speaker 3: Right.
- 48:41Speaker 4: Basically, part of the rule is that you must not
- 48:47Speaker 4: get it, disclaim within nine months, and not direct where
- 48:51Speaker 4: it goes.
- 48:52Speaker 2: So if you have it set up so that you
- 48:55Speaker 2: know basic simple will goes to my spouse, if not
- 48:58Speaker 2: to my kids, right, then would go to the kid.
- 49:01Speaker 3: Because you're not directing it.
- 49:03Speaker 4: Right, They'll just look at this will and say, oh,
- 49:07Speaker 4: because there was a disclaimer filed, we look at that
- 49:11Speaker 4: to mean this spouse predeceased the other spouse. It looks
- 49:17Speaker 4: as if you don't, you're not alive. So therefore you
- 49:20Speaker 4: just follow the will and the spouse who disclaimed did
- 49:24Speaker 4: not direct where it went. It would go to the kids.
- 49:27Speaker 4: But remember the spouse has to realize that I didn't
- 49:31Speaker 4: get it. And again, if you leave more than the
- 49:35Speaker 4: exemption federal or state to someone other than a spouse,
- 49:41Speaker 4: there would be a tax due on the first death. Now,
- 49:44Speaker 4: in our example, the fifty million dollar example or the
- 49:47Speaker 4: twenty twenty million dollar example, if he only had ten
- 49:51Speaker 4: million and she disclaimed all of it, well, there'd be
- 49:55Speaker 4: no federal tax because it's under the exemption. But for
- 49:58Speaker 4: mass you would there's only a two million dollar exemption
- 50:02Speaker 4: so there would be a tax due on the first
- 50:06Speaker 4: death because they left more than two million to someone
- 50:10Speaker 4: other than a spouse, so no marital deduction there. So
- 50:14Speaker 4: if you thought that was complicated, folks, it is, but
- 50:17Speaker 4: it's all here.
- 50:18Speaker 3: But you don't have to do that.
- 50:20Speaker 4: Just get the guide and learn how to do basic
- 50:23Speaker 4: estate planning, which is a lot about what it's talking about,
- 50:26Speaker 4: and it protects both federal and state and explains nursing
- 50:31Speaker 4: home protection and to state taxes at the same time.
- 50:36Speaker 4: Eight six six eight four eight five six ninety nine
- 50:40Speaker 4: or Legal Exchange show dot com.
- 50:43Speaker 2: Todd Lutsky from the law firm of Cushing and Dolan,
- 50:45Speaker 2: thank you so much.
- 50:47Speaker 4: Thank you, Susan, always a pleasure.
- 50:49Speaker 2: I'm Susan Powers, a financial advisor with the Armstrong Advisory Group.
- 50:53Speaker 2: We thank you for joining us today and we'll be
- 50:55Speaker 2: back again next week on the Legal Exchange with Todd Lutsky.
- 51:00Speaker 1: If you're retired or nearing retirement and haven't done your
- 51:03Speaker 1: planning yet, you could be missing out on opportunities that
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