Latest / Earn Your Leisure / ESTATE PLANNING: TRUSTS, WILLS, & LIFE INSURANCE
Transcript
- 0:00Speaker 1: A state plan very big. Yes, when we talk about
- 0:04Speaker 1: wills and we talk about putting beneficiaries, doing things, things
- 0:07Speaker 1: of that nature. What are some things that life insurance
- 0:10Speaker 1: stuff like that. What are some things that people need
- 0:12Speaker 1: to be aware when developing their estate plan.
- 0:15Speaker 2: So when it comes to your state plan, I want
- 0:17Speaker 2: you to think about a will, potentially a trust and beneficiaries.
- 0:22Speaker 2: Those are like the core components. So a will is
- 0:26Speaker 2: like the bare bones. You don't necessarily if you're twenty
- 0:29Speaker 2: five years old, you ain't got no kids, you've got nothing,
- 0:31Speaker 2: you don't necessarily need a will. Right, Well, let's start
- 0:33Speaker 2: even before that beneficiaries. Right, So, no matter what, even
- 0:38Speaker 2: if you are twenty one years old, you got a
- 0:39Speaker 2: bank account, you got in the state, you got life
- 0:41Speaker 2: insurance you have in the state. You know, So put
- 0:44Speaker 2: your mama, your cousin, your best friend, your sister, your
- 0:47Speaker 2: brother as a beneficiary on your bank account, on your
- 0:51Speaker 2: life insurance policy if you have one. That way, if
- 0:54Speaker 2: something should happen to you, that is what a state
- 0:56Speaker 2: planning looks like when you really don't have much, but
- 0:58Speaker 2: it's still something, But you don't want to be mindful
- 1:01Speaker 2: because if someone is a beneficiary on your on your
- 1:04Speaker 2: bank account. Let's just say you put them on when
- 1:06Speaker 2: you're twenty five, your sister, and then at thirty five
- 1:10Speaker 2: you got kids and a and a significant other, like
- 1:13Speaker 2: and you have a will and all other stuff, but
- 1:15Speaker 2: you never updated that form. If something should happen to you,
- 1:20Speaker 2: what's on your beneficiaries form trumps everything else. It doesn't
- 1:23Speaker 2: matter what's in your will or your or your trust.
- 1:25Speaker 2: So that's really important. I remember, like, so my my
- 1:28Speaker 2: husband when I met him, he had a daughter already
- 1:31Speaker 2: she was seven, so he and her mother were together,
- 1:35Speaker 2: and he had he has like he works for the city,
- 1:38Speaker 2: so he has a pension. So the other day he
- 1:41Speaker 2: was like, Babe, my friend is trying to figure out
- 1:43Speaker 2: how to change his beneficiaries on his pension. And I
- 1:46Speaker 2: was like, all right, well you know, let's update. Well,
- 1:48Speaker 2: let me show you how to log in because I
- 1:50Speaker 2: do all of my financial stuff. So we log in
- 1:52Speaker 2: change the beneficiaries and I'm like, hold up, and I'll say,
- 1:55Speaker 2: tiffany on here. It's said baby momm's on here. Now.
- 1:58Speaker 2: Don't get me wrong. Even baby and baby Mouse is
- 2:00Speaker 2: really cool, but not that cool.
- 2:03Speaker 1: Bruh.
- 2:04Speaker 2: You what if you would have died and left your
- 2:08Speaker 2: paton to her, I would have had to raise you
- 2:10Speaker 2: up from the dead, kill you back dead again. So
- 2:15Speaker 2: but I just say all that to say that, like,
- 2:18Speaker 2: it's so, it's so important to make sure those forms
- 2:21Speaker 2: are up to date. So then next level will if
- 2:24Speaker 2: you have children, you have to have a will. Who
- 2:28Speaker 2: do you want to raise your children. It's not enough
- 2:30Speaker 2: to be like, oh that's my that's my godmother. No no, no, no, no.
- 2:34Speaker 2: Legally you have to assign because you know, you.
- 2:37Speaker 1: Know us the conversation.
- 2:39Speaker 2: Yes, like, oh that's so that's your gradma. If something
- 2:41Speaker 2: happened to me, No, no, no, no, and this is
- 2:43Speaker 2: all we might been gigging with money, and so yes,
- 2:46Speaker 2: you want to make sure that you have you know,
- 2:49Speaker 2: like you legally have some papers drawn up to say
- 2:51Speaker 2: this is what happens to my minor children and I'm
- 2:54Speaker 2: not here because let's just say you're Muslim, right, and
- 2:58Speaker 2: your your parents a Christian, and you really don't want
- 3:01Speaker 2: your parents to raise your kids or your sister raise
- 3:03Speaker 2: your kids because you want your kids to be raising
- 3:05Speaker 2: a Muslim household. So you really want your brother, you know,
- 3:08Speaker 2: but if you want that to happen you have to
- 3:10Speaker 2: put that down. So a will is bare bones. But
- 3:12Speaker 2: a will is not going to save you from probate court.
- 3:15Speaker 2: You know you are still going to pay them tax
- 3:17Speaker 2: on tax on tax on taxes.
- 3:18Speaker 3: Right.
- 3:19Speaker 2: But I will say this, if you have a trust
- 3:24Speaker 2: is not for someone I would even consider a trust
- 3:28Speaker 2: because of the cost unless you have at least one
- 3:30Speaker 2: hundred thousand dollars in assets, right, because twenty thousand it
- 3:34Speaker 2: doesn't make sense for the cost of a trust. Now,
- 3:36Speaker 2: if you have assets to five hundred thousand or over,
- 3:39Speaker 2: you must have a trust because the amount of money
- 3:42Speaker 2: you're going to lose in probate court plus probaate court
- 3:45Speaker 2: is embarrassing. It's like ringside teeths to like, oh how
- 3:48Speaker 2: much eating got Oh? Okay, oh exactly, you.
- 3:53Speaker 1: Know what I mean.
- 3:54Speaker 2: And so that part is important.
- 3:56Speaker 1: So a trust.
- 3:57Speaker 2: What makes a trust so special is that a trust
- 4:00Speaker 2: locks things away behind closed doors, so no one can
- 4:02Speaker 2: see unless you decide to share, unlike a will where
- 4:04Speaker 2: everybody can see. But also trust is like a person
- 4:08Speaker 2: that never dies. When money goes passes from one person
- 4:11Speaker 2: to another person because of death, there's a tax involved.
- 4:14Speaker 2: But a trust, it's like this person that doesn't die.
- 4:17Speaker 2: So money, if it's held or your assets are held there.
- 4:20Speaker 2: Even if you pass, the trust stays alive. Even if
- 4:23Speaker 2: someone else passes, the trust stays alive. So you don't
- 4:25Speaker 2: have to worry about the tax incurred going from person
- 4:27Speaker 2: to person. But you want to be mindful. What kind
- 4:29Speaker 2: of trust do you want to have? An irrevocable trust
- 4:31Speaker 2: or a vocable trust, And irrevocable means that it cannot
- 4:35Speaker 2: be broken or changed unless everyone who's involved in the
- 4:39Speaker 2: trust says okay, right. So, for example, Kobe Bryant had
- 4:43Speaker 2: an irrevocable trust right So the problem was that he
- 4:48Speaker 2: so he and his wife every when their children turned one,
- 4:52Speaker 2: they added that child to the trust. But we all
- 4:55Speaker 2: know he passed away when his baby was still younger
- 4:57Speaker 2: than one, so she was not in that trust all
- 4:59Speaker 2: of that wealth he had set aside. So she had
- 5:01Speaker 2: to petition the courts to say, I know this is irrevocable,
- 5:05Speaker 2: but let's be real, coll we would not want the
- 5:07Speaker 2: baby not to be in here. So they granted her that.
- 5:09Speaker 2: So you just want to be mindful. You know, what
- 5:10Speaker 2: kind of trust do you want to happen? At state planning,
- 5:13Speaker 2: we tend not to do it, but it's actually more
- 5:15Speaker 2: expensive not to you know, like it just is. So
- 5:19Speaker 2: if you if you have just a little bit of something,
- 5:22Speaker 2: you want to put something down, you want to get
- 5:24Speaker 2: it notarized, and you want to fund it and sign it.
- 5:28Speaker 2: So if something happens to you, everybody knows what your
- 5:31Speaker 2: desires are.
- 5:32Speaker 1: Don't like Prince and then prevents all the fight in
- 5:34Speaker 1: the three passes. I just want to I just want
- 5:35Speaker 1: to add one thing to that because everything you said
- 5:37Speaker 1: was right on point, and me as a financial advisor,
- 5:40Speaker 1: one of the things when I first came into the
- 5:42Speaker 1: industry is this guy, uh well, they was speaking and
- 5:45Speaker 1: they was talking about a guy that worked the job
- 5:48Speaker 1: for like thirty years, had like a big pension and
- 5:50Speaker 1: all of that, and you know, he got divorced like
- 5:52Speaker 1: twenty years ago and had a new wife and you know,
- 5:55Speaker 1: had like three kids and all that. And when he died,
- 5:57Speaker 1: he never updated his beneficiary. And like you said, the
- 6:01Speaker 1: beneficiary supersedes everything and it's no negotiation, nothing you can
- 6:04Speaker 1: do about it. So it went that it went to
- 6:06Speaker 1: his ex wife and she kept it.
- 6:10Speaker 2: She didn't have to give it up.
- 6:13Speaker 1: Yeah, so you have to you have to update your beneficiary,
- 6:18Speaker 1: and everything should have a beneficiary, including bank accounts. And
- 6:22Speaker 1: then also what you speak about as far as the
- 6:25Speaker 1: trust is extremely important. The Airvocable trust we spoke about
- 6:27Speaker 1: the hospital about the island before, which is the Airvocable
- 6:30Speaker 1: Life Insurance Trust. And I love how you say a
- 6:32Speaker 1: trust is a person that can die, because that's really true.
- 6:35Speaker 1: It's treated like an outside entity as a person. So,
- 6:37Speaker 1: you know, especially when we have more advanced conversations about
- 6:40Speaker 1: tax shelter because life insurance can actually add to in a
- 6:43Speaker 1: state planning problem because the money goes into your state.
- 6:47Speaker 1: So if your state is worth three million dollars and
- 6:50Speaker 1: you have a two million dollar life insurance policy, now
- 6:52Speaker 1: when you die, you're actually a state is worth five
- 6:54Speaker 1: million dollars. So that can actually be counterproductive because it's
- 6:57Speaker 1: going to add to your tax bills. So that's why
- 6:59Speaker 1: people sometimes people will put the life insurance in a
- 7:02Speaker 1: trust because now that two million is not part is
- 7:05Speaker 1: not part of the estate's out of the estate, and
- 7:08Speaker 1: it still goes to the beneficiary tax free because of
- 7:11Speaker 1: the life insurance to tax free. So yeah, everything that
- 7:14Speaker 1: you speak about is extremely important, and like you said,
- 7:17Speaker 1: it's not something unfortunately that we have really thought about
- 7:20Speaker 1: a lot. It's like, yeah, most of the time, it's
- 7:22Speaker 1: just like, all right, figure it out when you die.
- 7:25Speaker 1: And then you know that leads to all kinds of issues,
- 7:27Speaker 1: and as you said, it's actually more expensive not to
- 7:30Speaker 1: have it mentally and financially because mentally, you know, family
- 7:35Speaker 1: members gotta fight. Breaks up families all the time. It's
- 7:38Speaker 1: pretty common. You know, your grandmother has a house and
- 7:41Speaker 1: then there's like four kids and they're fighting over the house.
- 7:43Speaker 1: So all of this stuff. We talk about stocks, we
- 7:45Speaker 1: talk about investing, all of that.
- 7:47Speaker 2: The fundamentals are critical, great.
- 7:48Speaker 1: Well, yeah, you gotta have the fundamentals down. My graduates
- 7:53Speaker 1: from my school being forced bad and drop drop, drop bad,
- 7:59Speaker 1: drop us.
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