TRANSCRIPT 🔗
WEBVTT
00:00:30.160 --> 00:00:34.560
Prince left about a hundred and fifty million dollar estate and no will.
00:00:34.560 --> 00:00:42.880
Aretha Franklin's family found handwritten wills and a notebook under her couch cushions.
00:00:42.880 --> 00:00:47.439
Both estates spent years in court.
00:00:47.439 --> 00:01:10.640
I know Prince's estate spent, I think it was seven, seven and a half years in probate court because so many people stepped forward to make claims against his estate and that they had to pay the attorneys fifteen million dollars to get through all of that and um totally unnecessary.
00:01:10.640 --> 00:01:18.240
If he would have had a will or a trust or something, then all of that could have been avoided.
00:01:18.240 --> 00:01:21.520
But he didn't, and that's what we're gonna talk about today.
00:01:21.520 --> 00:01:22.879
I'm Stewart Smith.
00:01:22.879 --> 00:01:28.079
I am the president of Clear Path Retirement Planning here in the upstate of South Carolina.
00:01:28.079 --> 00:01:33.599
I have been helping families in the Carolinas retire for over 25 years.
00:01:33.599 --> 00:01:45.359
And today, we, my compadre here, Mitch Davies, and I are going to talk about estate planning and just real simple estate planning.
00:01:45.359 --> 00:01:47.680
We're not going to try to get too complicated here.
00:01:47.680 --> 00:01:50.959
And Mitch has been working with me for over three years now.
00:01:50.959 --> 00:01:54.879
He is a certified financial planner and a brilliant young man.
00:01:54.879 --> 00:01:57.280
And so he has a lot to bring to this conversation.
00:01:57.280 --> 00:02:05.120
But we are going to talk about, you know, listen, having a will just isn't enough, right?
00:02:05.599 --> 00:02:06.239
It's not.
00:02:06.239 --> 00:02:06.799
It's not.
00:02:06.799 --> 00:02:09.680
And you know, the even the term estate sounds complicated, right?
00:02:09.680 --> 00:02:11.519
It sounds like this big, grandiose thing.
00:02:11.519 --> 00:02:17.280
But in all reality, if you have a house, if you have a bank account, if you have really anything, you've got an estate, right?
00:02:17.280 --> 00:02:20.400
It's you hear that term and you think this huge thing, but it's not.
00:02:20.400 --> 00:02:26.319
And, you know, probate in and of itself is really just a lengthy, complicated process.
00:02:26.319 --> 00:02:30.639
And a will, you know, to your point, all it is is probate instructions.
00:02:30.639 --> 00:02:32.959
You know, it just tells the probate judge what to do.
00:02:32.959 --> 00:02:35.680
And probate is just the process of passing your assets.
00:02:35.680 --> 00:02:42.800
You know, if you don't have clear designations on things, it's it's the process of passing them through the court system to whoever it's going to go to, right?
00:02:42.800 --> 00:02:49.039
Whether you've got people in the will that it's going to go to or you don't, and you follow the natural succession, and every state has a different one.
00:02:49.039 --> 00:02:50.479
It depends on where you live.
00:02:50.479 --> 00:02:54.080
Um, but however that's broken down, that's what probate is.
00:02:54.080 --> 00:02:55.759
And you have to settle it where you live.
00:02:55.759 --> 00:02:58.240
It's going to be at that local core and it takes time.
00:02:58.240 --> 00:03:01.840
There's a lot of different problems with it, unless you sort of get into that.
00:03:01.840 --> 00:03:04.159
But a will really isn't enough these days.
00:03:04.159 --> 00:03:18.000
And with how easy it can be, especially with our process, uh, not to toot our own horn there, but with the way that you can establish other ways to bypass probate, it's almost harder to have to not set that up these days.
00:03:18.159 --> 00:03:18.319
Yeah.
00:03:18.319 --> 00:03:20.159
I mean, it just doesn't make sense.
00:03:20.159 --> 00:03:24.960
So, you know, let's start all the way back at the beginning here.
00:03:24.960 --> 00:03:30.639
And, you know, to die without a will is called intestate.
00:03:30.639 --> 00:03:35.520
So to die without a will at all, and I don't know about other states.
00:03:35.520 --> 00:03:38.479
I'm not going to get into other states, but I do know about South Carolina.
00:03:38.479 --> 00:03:40.560
We're going to we'll we'll focus on that for a minute.
00:03:40.560 --> 00:03:53.599
So in South Carolina, if you die without a will, what happens is 50% of your assets go to your spouse and 50% go to your natural-born children.
00:03:53.599 --> 00:03:54.560
Period.
00:03:54.560 --> 00:03:55.599
That's it.
00:03:55.599 --> 00:03:57.280
They provide that for you.
00:03:57.280 --> 00:04:00.319
You don't need a will if you're if that's what you want to happen.
00:04:00.319 --> 00:04:31.039
But I know we've had so many people, you know, that we've spoken to that that caught them off guard because I want you to imagine a scenario where, you know, a husband and wife own a house, they've got a couple kids that are adult kids, and the, you know, maybe um it's the second marriage, and they both have kids from their previous marriage, and you know, one of them passes away.
00:04:31.039 --> 00:04:37.840
The other one gets half of the home, not the entire home.
00:04:37.840 --> 00:04:48.160
If you don't have a will and you don't have the home titled correctly, if if it's just titled in one of their names, and this gets a little complicated, but just follow with me here.
00:04:48.160 --> 00:05:01.040
So then what happens is the adult children who inherit the other half of that home, let's say they don't get along with their stepmother.
00:05:01.040 --> 00:05:12.800
Well, they could force the sale of that house and force that person to have to leave that home because they want their half of the money, right?
00:05:12.800 --> 00:05:15.839
Like this is you need to understand this stuff.
00:05:15.839 --> 00:05:21.759
And people don't think about this stuff and and uh ahead of time, and that's why we're doing this podcast.
Load full transcript
00:05:21.759 --> 00:05:31.439
I want people to, you know, this to really ring clear to people and understand how this stuff actually works and where the rubber meets the road.
00:05:31.439 --> 00:05:39.759
So, you know, it's very, very important to have a will, first of all, to to make sure that that doesn't happen.
00:05:39.759 --> 00:05:48.720
So, you know, especially when you start getting multiple marriages and children from different marriages, I mean, you have to have clarity on this stuff.
00:05:48.720 --> 00:05:52.160
And let's face it, that's very, very common today.
00:05:52.160 --> 00:05:59.279
Um, and so you really have to have clarity on, you know, what how what are you trying to accomplish?
00:05:59.279 --> 00:06:04.319
Who who do you want to get this stuff and how do you want this, you know, to go?
00:06:04.319 --> 00:06:15.680
Because if you want your spouse to get it first, and then and then when they're gone for it to go somewhere, that's not going to happen unless you have a will, period.
00:06:15.680 --> 00:06:20.079
And so you need to really, you know, understand that.
00:06:20.079 --> 00:06:29.120
So, you know, like Mitch was saying, probate, you know, a lot of people think if they have a will, then then they're avoiding probate.
00:06:29.120 --> 00:06:31.759
And let's just go ahead and dispel that math right away.
00:06:31.759 --> 00:06:33.439
That's not the case.
00:06:33.439 --> 00:06:37.759
Um, without a will, you go through probate.
00:06:37.759 --> 00:06:40.160
The will gets probated, right?
00:06:40.160 --> 00:06:45.600
That's the probate document that is used to distribute assets.
00:06:45.600 --> 00:06:49.680
And hopefully you've spelled it out clearly in your will.
00:06:49.680 --> 00:06:58.480
And hopefully that probate judge, you know, basically interprets that the way you wanted them to.
00:06:58.480 --> 00:07:02.079
So there's some obstacles there as well.
00:07:02.079 --> 00:07:06.800
But assuming they do, then it still goes through probate.
00:07:06.800 --> 00:07:17.279
And, you know, again, just speaking about South Carolina, um South Carolina creditors get eight months to file claims.
00:07:17.279 --> 00:07:19.519
So eight months.
00:07:19.519 --> 00:07:26.240
So you have to run that ad and like a local paper, you know, stating that someone's passed.
00:07:26.240 --> 00:07:34.160
And if anybody, if they owed anybody money, they need to come forth in the next eight months and make a claim against that person's estate.
00:07:34.160 --> 00:07:44.319
And it's not until that time is over with to where that can actually get in front of a probate judge and the estate can be can be closed.
00:07:44.319 --> 00:07:53.680
Um so most estates stay open, you know, a year, sometimes longer for waiting for all that to happen.
00:07:53.680 --> 00:07:56.000
So that can cause some problems.
00:07:56.000 --> 00:08:07.839
If you, you know, if you have a house that needs to be maintained during that time period, like who's paying the utilities on that house for a year until it gets closed?
00:08:07.839 --> 00:08:14.240
Um, are you just gonna let it go for a year until you know it gets through probate?
00:08:14.240 --> 00:08:18.079
Are you just gonna cut the power and the water off and just let it sit?
00:08:18.079 --> 00:08:20.240
Um, how is that gonna go?
00:08:20.240 --> 00:08:21.680
What is that gonna look like?
00:08:21.680 --> 00:08:34.879
What if you, you know, you really have someone who wants to move into that house pretty quickly, a child or something that wants to move into the, you know, the the old homestead, so to speak.
00:08:34.879 --> 00:08:36.879
Um, you know, what if they want to do that?
00:08:36.879 --> 00:08:37.920
Well, they can't.
00:08:37.920 --> 00:08:41.519
I mean, they have to wait until it gets through probate to do all that.
00:08:41.519 --> 00:08:44.399
So that can cause some real issues.
00:08:44.399 --> 00:08:46.160
What if you want to sell it?
00:08:46.160 --> 00:08:46.799
Right?
00:08:46.799 --> 00:08:49.039
You can't do that until it gets through probate.
00:08:49.039 --> 00:09:05.279
I mean, there's that's a and then probate involves paperwork and involves, you know, a lot of times it involves, you know, cost, pretty significant cost that you have to pay to to, you know, to file for probate and to get assets through probate.
00:09:05.279 --> 00:09:08.399
So there's a lot going on there.
00:09:08.399 --> 00:09:24.559
And, you know, what a lot of people don't realize, and a lot of our listeners and a lot of um our clients and and people that we work with, they own homes, they own a beach house or they own a mountain house.
00:09:24.559 --> 00:09:32.000
And it's maybe not in South Carolina, maybe they live in South Carolina and they own a mountain house in North Carolina.
00:09:32.000 --> 00:09:33.840
And what does that mean, Mitch?
00:09:34.480 --> 00:09:36.559
It means you got to probate in multiple states.
00:09:36.559 --> 00:09:39.840
You know, you have to probate in every state that you own property in.
00:09:39.840 --> 00:09:42.080
And this can get really, you know, tricky.
00:09:42.080 --> 00:09:48.799
If you've if any of you guys have been through probate, I'm sure, you know, the one of the main complaints we hear besides time is the actual process.
00:09:48.799 --> 00:09:50.799
It usually involves the local court, right?
00:09:50.799 --> 00:09:55.200
Whatever city or county the person deceased in, you have to go down there.
00:09:55.200 --> 00:09:58.159
And if you want to get things done in a quick manner, it's best to go down there, right?
00:09:58.159 --> 00:10:02.879
You can do a lot of it digitally these days, but if you're trying to move things along, it takes so much time and it's a long process.
00:10:02.879 --> 00:10:09.279
So what happens is you've got the time and the difficulty of dealing with multiple states, but also the cost, right?
00:10:09.279 --> 00:10:13.440
We say, you know, probate can cost anywhere from
three to five percent of the estate.
00:10:13.440 --> 00:10:16.960
And if you have to do that in multiple states, it can really add up.
00:10:16.960 --> 00:10:21.039
And it takes time, it takes money, and it's just it's difficult.
00:10:21.039 --> 00:10:37.120
If you're passing assets on to your children, say it's a house in this example, if that, if you know, you're making that a big part of your inheritance to them, if you're your gift to them and they're counting on that to either live in or sell pretty quickly, having it tied up for a year and having them fly down potentially.
00:10:37.120 --> 00:10:40.799
We've had people had to fly down and deal with this kind of stuff to get it done quickly, right?
00:10:40.799 --> 00:10:53.200
And if they have to do that while they're maybe still working, you know, maybe they're in their 50s, 60s, they're still in their peak of their career, it can put a lot of headache, a lot of costs, and a lot of time on them that could be avoided with other things.
00:10:53.360 --> 00:10:53.840
Yeah.
00:10:54.639 --> 00:10:54.879
Yeah.
00:10:54.879 --> 00:10:56.720
So how do we avoid that stuff?
00:10:56.720 --> 00:10:58.960
You know, how do we make this simple?
00:10:58.960 --> 00:11:08.240
How do we keep this as least aggravating as possible for the people that we love and care about that we want to pass these assets on to?
00:11:08.240 --> 00:11:34.879
And, you know, what we found is that creating what's called a living revocable trust is just a very simple process that is very, you know, easy to do and with the right guidance, like someone from Clear Path or Talent Planning that can, you know, really help you to facilitate this process.
00:11:34.879 --> 00:11:47.679
You can put some documents in place that are going to simplify this process dramatically and you know help avoid all of that aggravation.
00:11:47.679 --> 00:12:01.679
And, you know, it used to be when I started my career 25 years ago in this business that you know it was it was costly to to do a trust.
00:12:01.679 --> 00:12:10.720
And people hear the word trust and they just automatically see dollar signs and think, oh my gosh, like I'm not gonna I'm gonna pay an attorney to do a trust.
00:12:10.720 --> 00:12:12.639
Like this is, you know.
00:12:12.639 --> 00:12:18.240
But what I can tell you is that it's 2026, man.
00:12:18.240 --> 00:12:37.679
Things are different, things have changed, and what we've done here at the firm is we've created a really unique partnership where we've been able to really drive that price down for people that want to get this done.
00:12:37.679 --> 00:12:57.440
And through our unique partnership with a network of attorneys across the country, we are able to do a living revocable trust, you know, for clients for, you know, under $2,000.
00:12:57.440 --> 00:13:05.600
And you know, that used to be quite a bit more expensive, two, three times that in some cases.
00:13:05.600 --> 00:13:11.679
And so it's become a really affordable option for folks.
00:13:11.679 --> 00:13:45.120
So what I would tell you is if this is something you're thinking about and you're you're really wanting to put your assets inside of a living revocable trust that allows your beneficiaries to literally just go move them into their name after you pass away and not do any of the probate and not have any of that hassle or aggravation, then you know, go to ClearpathRetirement.com, let us know.
00:13:45.120 --> 00:13:47.360
We'd be happy to schedule.
00:13:47.360 --> 00:13:50.559
I mean, we can literally do this over Zoom with you.
00:13:50.559 --> 00:13:55.679
And it doesn't matter really what state you're in, we can help you.
00:13:55.679 --> 00:14:03.120
And we'd, you know, we'd love to have that conversation with you because I truly believe in this.
00:14:03.120 --> 00:14:22.399
I truly believe that this is, you know, the the things that you can accomplish by doing this is not only just avoiding probate, but it protects you, you know, we do a health care and financial power of attorney in conjunction with the Living Revocable Trust, we do that all at once.
00:14:22.399 --> 00:14:26.799
So it protects you against, you know, being incapacitated.
00:14:26.799 --> 00:14:44.639
And, you know, I can tell you from personal experience that we all think of, you know, a time coming where we reach a certain age where maybe we can't make the best decisions anymore.
00:14:44.639 --> 00:14:47.919
And when I say incapacitated, that's what I mean.
00:14:47.919 --> 00:14:50.559
I'm not necessarily talking about you're in a coma.
00:14:50.720 --> 00:14:50.879
Right.
00:14:51.120 --> 00:14:56.720
You know, I'm talking about you getting to a point to where maybe you have some dementia.
00:14:56.720 --> 00:15:13.679
God forbid you you start seeing signs of Alzheimer's, you know, those sort of things, you know, there needs to be already documentation in place for a loved one or trusted friend to step in and start helping you at that point.
00:15:13.679 --> 00:15:16.720
And you don't want to leave that up to the state.
00:15:16.720 --> 00:15:28.799
You don't want to leave that up to the government to decide who's gonna make those type of decisions because it's never just as simple as you know a family member.
00:15:28.799 --> 00:15:50.399
Um, you know, I I don't know about you guys, but um I know a lot of families who aren't perfect, and maybe those relationships aren't always solid and and there's you know issues within the family, and maybe that's not the person you want making those decisions.
00:15:50.399 --> 00:15:54.080
And if it's not, you need to be clear about that.
00:15:54.080 --> 00:15:59.519
And you know, we have a lot of people come see us who are losing sleep over this.
00:15:59.519 --> 00:16:09.600
Like, I don't necessarily want my brother making that decision or my um my spouse, even right?
00:16:09.600 --> 00:16:14.399
Like it just it's just that's life, that's the way it goes.
00:16:14.399 -->
00:16:23.919
So, you know, another thing that it does is it really kind of lets you control your money after you're gone.
00:16:23.919 --> 00:16:34.799
We hear it all the time where people are like, you know, I don't necessarily want my beneficiaries to receive all these assets at one time.
00:16:34.799 --> 00:16:55.919
I don't feel like there were really good money managers and people that you know need to have access to a uh a large sum of money all at one time, and I'd like to distribute this at certain ages or or you know, over certain time periods every five years or ten years.
00:16:55.919 --> 00:16:58.879
And I don't know how to do that.
00:16:58.879 --> 00:17:04.320
You know, I don't know you know, is that possible?
00:17:04.320 --> 00:17:06.720
And the answer is yes.
00:17:06.720 --> 00:17:08.079
I mean, it is possible.
00:17:08.079 --> 00:17:41.119
You can set up your living revocable trust to do that, and you know, it's it's not hard, and you can have the peace of mind of knowing that you know that that one child you have who is just awful with money and may have some, you know, issues going on that would put them in a in a bad situation if they did get you know access to a lot of money all at one time.
00:17:41.119 --> 00:17:49.759
Maybe you you can have better control on making sure that doesn't happen and that that things are distributed kind of along the way.
00:17:50.640 --> 00:17:59.119
And another, you know, the final and something we think is even more important now is you know, a will, the probate process, all that is public record, right?
00:17:59.119 --> 00:18:00.799
Anybody can look this up at any time.
00:18:00.799 --> 00:18:10.079
And it, you know, it might not sound like a huge deal, but what's happening now, guys, is especially with the rise of AI and you know, these scams and things are so hard to detect now.
00:18:10.079 --> 00:18:15.279
Things are getting increasingly more hard to understand what's real, what's not.
00:18:15.279 --> 00:18:16.880
This is something that you guys have probably experienced.
00:18:16.880 --> 00:18:18.400
We experience it, everybody is.
00:18:18.400 --> 00:18:26.799
And what happens, you know, for example, we had a client a couple years ago who was fortunate enough to inherit, you know, a large sum of money through the will, through you know, probate process.
00:18:26.799 --> 00:18:35.519
And for months and months, she was calling us and she's hearing about this offer and this, and you know, she's got this email that says she can do this investment, all these things.
00:18:35.519 --> 00:18:38.960
And what's gonna happen is people are gonna target that, right?
00:18:38.960 --> 00:18:41.039
Especially if it's somebody living on their own.
00:18:41.039 --> 00:18:43.519
It's very easy to find that information and target it.
00:18:43.519 --> 00:18:46.799
So with a living revocable trust, this is all private.
00:18:46.799 --> 00:18:51.359
Nobody can see what's been passed, how much has been passed, when it's been passed, right?
00:18:51.359 --> 00:18:56.640
This is all completely private, and that's so important, especially today with how these things are.
00:18:56.640 --> 00:19:00.160
It's so hard to understand what you can trust and what not.
00:19:00.160 --> 00:19:03.920
So keeping things private, keeping things confidential is extremely important.
00:19:04.079 --> 00:19:04.480
Yeah.
00:19:04.480 --> 00:19:17.519
You know, and to drill down into this a little further, you know, we get, you know, we have a lot of conversations here with people who are just confused with like, do I really need this?
00:19:17.519 --> 00:19:22.880
Yeah like what where do we draw the line between needing this and not needing this?
00:19:22.880 --> 00:20:11.839
And you know, if you are if all of your assets are, you know, invested in, you know, IRAs, and and you have maybe you have an annuity, or maybe you have, you know, some a brokerage account that you've named a payable on death or transfer on death on, and you've done that on your bank accounts, um, and you're a renter, you don't own a house, you rent, you know, all of those things where you've named beneficiaries or or pe payable on death, transfer on death, meaning just adding a beneficiary to a bank account, which isn't an automatic thing.
00:20:11.839 --> 00:20:18.960
You have to go and kind of take that extra step to get that paperwork done and to make sure that that's been been done.
00:20:18.960 --> 00:20:25.119
But if you have, then you probably don't need a trust, right?
00:20:25.119 --> 00:20:31.920
Like the trust is going to be more for you know tangible property.
00:20:31.920 --> 00:20:36.079
Those things are gonna bypass probate anyway.
00:20:36.079 --> 00:20:43.920
But what they're not gonna do is they are going to distribute all those assets at one time.
00:20:43.920 --> 00:20:52.559
So again, if you want to change that and you don't want that to happen, then the trust is the only way to accomplish that.
00:20:52.559 --> 00:21:14.240
But if you own a home or you own land or you own rental properties, or you own, you know, uh significant, you know, tangible properties, then those things uh would need to be in a trust to bypass probate.
00:21:14.240 --> 00:21:18.319
You just can't uh do that w with a will.
00:21:18.319 --> 00:21:22.960
You know, and so you need to understand that.
00:21:22.960 --> 00:21:33.119
And if you own multiple properties in multiple states, you can void probate in all those states by having one trust.
00:21:33.119 --> 00:21:37.119
You can do that, and so that makes it super easy.
00:21:37.119 --> 00:21:42.559
We have a lot of clients who own multiple properties.
00:21:42.559 --> 00:21:47.200
The trust is a extremely important instrument for them.
00:21:47.200 --> 00:21:58.720
And you know, it is just a a very, you know, if you're confused about this again, like we we can get you clear on this.
00:21:58.720 --> 00:22:12.799
We can get you um
clearpathretirement.com, you know, shoot us an email, um and you know, or just click on the the link on our website and let us know.
00:22:12.799 --> 00:22:18.559
But you you can you we can get you clear on whether this makes sense for you or not.
00:22:18.559 --> 00:22:29.680
And um for a lot of folks, even just their primary residents, you know, because most uh primary residences nowadays.
00:22:29.680 --> 00:22:34.000
Especially in the Carolinas, is is going to be worth some money.
00:22:34.000 --> 00:22:47.200
And just that alone is the reason enough to have a trust to use that trust to bypass probate on just that one home that you own.
00:22:47.200 --> 00:22:52.000
And I think that makes sense for 99% of the people out there.
00:22:52.319 --> 00:22:52.640
It is.
00:22:52.640 --> 00:22:57.839
And you know, along with that point, once we've decided that we need the trust, all right, we need to establish it.
00:22:57.839 --> 00:22:59.440
It makes sense, that we've got the home.
00:22:59.440 --> 00:23:00.400
It's so important.
00:23:00.400 --> 00:23:04.559
And this is another area we see a lot of confusion is we have to start funding the trust, right?
00:23:04.559 --> 00:23:08.880
You know, when we build a trust here at ClearPath, we're going to build a living revocable trust.
00:23:08.880 --> 00:23:10.400
Inside of it is going to be a will.
00:23:10.400 --> 00:23:19.680
So it's kind of going to act as a will and a trust in of itself, where anything not titled in the trust is going to go through the pullover will, but we have to title what we can inside the trust.
00:23:19.680 --> 00:23:23.680
We've talked to people who come in and they bring in their big trust and they're like, yeah, I've got the trust.
00:23:23.680 --> 00:23:26.079
And we're like, all right, have you retitled the house in the trust?
00:23:26.079 --> 00:23:28.160
And they're like, I don't know how to do that, right?
00:23:28.160 --> 00:23:31.200
Or did you make the trust a beneficiary of any of your accounts?
00:23:31.200 --> 00:23:33.200
And they're like, well, no, it says that in there, right?
00:23:33.200 --> 00:23:34.000
And it's like, no.
00:23:34.000 --> 00:23:37.599
So once you the trust is going to act, we like to say it acts like a funnel, right?
00:23:37.599 --> 00:23:39.200
It's going to act as a funnel.
00:23:39.200 --> 00:23:44.160
We've got things we can title in the trust, like houses, bank accounts, personal property.
00:23:44.160 --> 00:23:50.400
And we've got things that we have to make the trust a beneficiary of, like IRAs, 401ks, you know, investment accounts.
00:23:50.400 --> 00:23:54.559
But until we start doing that, the trust is essentially just a will, right?
00:23:54.559 --> 00:23:56.640
It doesn't, it hasn't started working yet.
00:23:56.640 --> 00:24:02.799
So once we establish a trust, what we're going to do here at Clear Path Retirement is walk you through, all right, we've got it established.
00:24:02.799 --> 00:24:08.880
Let's start, you know, we're going to reach out and get you connected with the attorney to set up, you know, retitle the house in the trust.
00:24:08.880 --> 00:24:12.400
If you've got houses in three different states, we're going to get them all retitled.
00:24:12.400 --> 00:24:14.720
And again, guys, this is a revocable trust.
00:24:14.720 --> 00:24:17.599
You know, people are like, oh, once I do that, it's out of my name.
00:24:17.599 --> 00:24:19.119
It's like, no, this is controllable.
00:24:19.119 --> 00:24:21.279
You don't have to file a separate tax return for this.
00:24:21.279 --> 00:24:23.200
It's going to use your social security number.
00:24:23.200 --> 00:24:26.640
You can take things in and out of the trust, hence the word revocable, right?
00:24:26.640 --> 00:25:09.599
So we're going to start titling these houses, these property in the trust so that, you know, when something happens to you, that all the beneficiaries need to do is take the trust certification down and retitle it into their name, right?
00:25:09.599 --> 00:25:11.200
They're going to get the step up and basis.
00:25:11.200 --> 00:25:12.960
You don't lose any tax privileges.
00:25:12.960 --> 00:25:17.200
You don't, you don't lose any benefit that you have outside of the trust with the trust.
00:25:17.200 --> 00:25:19.200
It's just going to help make that so much easier.
00:25:19.200 --> 00:25:23.839
So it's very important once you have that to have a team of people to help you walk through funding that.
00:25:23.839 --> 00:25:25.200
All right, let's get things retitled.
00:25:25.200 --> 00:25:26.880
Let's get beneficiaries changed.
00:25:26.880 --> 00:25:35.680
Let's complete the funnel so that we can actually use the trust for its intended purpose, which is moving everything through at the same time and dispersing it in the manner that you want.
00:25:35.920 --> 00:25:36.559
Yeah.
00:25:36.880 --> 00:25:41.119
And let's not get confused here between an irrevocable trust.
00:25:41.119 --> 00:25:59.680
What we're talking about is a living revocable trust, something that you keep control of till your last breath and you can make changes to irrevocable trust or trusts that that where you are literally basically going ahead and signing assets over to your beneficiaries and you can't get them back.
00:25:59.680 --> 00:26:01.920
And that is not what we're talking about here.
00:26:01.920 --> 00:26:04.079
That is a totally different ball game.
00:26:04.079 --> 00:26:06.880
And there is reasons why you would do that.
00:26:06.880 --> 00:26:12.640
We can get into that into another podcast, but that is not what we're talking about today.
00:26:12.640 --> 00:26:18.240
We're talking about the easiest and most simple way to avoid probate.
00:26:18.240 --> 00:26:25.759
If that is your goal to avoid probate, then a living revocable trust is the easiest way to accomplish that.
00:26:25.759 --> 00:26:30.000
And like Mitch said, you don't, you know, you still have control.
00:26:30.000 --> 00:26:37.279
You,
you know, and a lot of times we hear people say, Well, what happens to my will when I do this?
00:26:37.279 --> 00:27:00.799
Well, your will becomes obsolete because there is a will inside of the trust that we execute for you called a pour-over will that Mitch referenced earlier that would replace your current will for anything that just happens to not get retitled into the trust or the trust is not the beneficiary of it.
00:27:00.799 --> 00:27:08.319
Um, and you know, that's it's it's a little complicated, but you don't you wouldn't need your old will anymore.
00:27:08.319 --> 00:27:16.880
It would go away and you would it would be replaced by the trust and the new pour-over will inside the trust should should it need be.
00:27:16.880 --> 00:27:25.440
But again, you know, this is not people make this harder than it needs to be, and it's just not that hard.
00:27:25.440 --> 00:27:31.440
And we get lots of questions like, um, what if I have a mortgage?
00:27:31.440 --> 00:27:46.079
You know, if you have a mortgage and you're you do a living revocable trust on your primary residence, you want to put your primary residence in that trust, it shouldn't be a problem.
00:27:46.079 --> 00:27:48.160
We've never seen it be a problem.
00:27:48.160 --> 00:28:11.680
There is some extra steps that you need to take as far as letting your mortgage company know that you are moving it into a trust and letting also anytime you do this, you also want to let your homeowner's insurance know that you have you are moving it into the trust because we don't want a situation, and they usually have no problem with it.
00:28:11.680 --> 00:28:15.200
Like it's not a problem, it's just a phone call you need to make.
00:28:15.200 --> 00:28:26.960
But what we don't want to see is, you know, you have to make some sort of claim at some point against your homeowners, and they come back and say, Well, you never told us you put it in a trust.
00:28:26.960 --> 00:28:30.880
Um, you want to have that conversation, they're gonna be okay with it.
00:28:30.880 --> 00:28:40.000
Um, but they just you need to make sure that you're clear with them that that's what you're doing, and and it shouldn't change your premiums, it shouldn't change anything like that.
00:28:40.000 --> 00:28:51.279
It doesn't affect your you know, homestead exemption, it doesn't affect taxes, it doesn't do any of that if that's what you're worried about.
00:28:51.279 --> 00:28:54.720
And so all of that should be okay.
00:28:54.720 --> 00:29:05.440
Now, if you have um a second home, you know, a vacation home that has a mortgage on it, that can be a little bit complicated.
00:29:05.440 --> 00:29:10.160
And uh in that case, sometimes it's okay, sometimes it's not.
00:29:10.160 --> 00:29:16.160
It just depends on the mortgage company and kind of what their laws and rules are um around that.
00:29:16.160 --> 00:29:28.000
And they, you know, I would reach out to them and and have that conversation and see, you know, before you
execute the trust to make sure that if that's what you're trying to accomplish, that that's gonna be okay.
00:29:28.000 --> 00:29:34.640
But yeah, it's um it's it's if it's your primary residence, it's typically never an issue.
00:29:34.640 --> 00:30:17.440
So one last thing I want to I want to hit here is that you know, if you have a will and you feel like you're good with your will and you're not too worried about probate, then I want to encourage you, you know, we see it all the time where people come in and they have a will, and we uh, you know, we we take a look at it with them and we see that it's 22 years old, and you know, kids were young, still living at home, now they're adult kids, like all of that has changed.
00:30:17.440 --> 00:30:24.240
A lot of life changes have happened, and they've never kind of revisited that will.
00:30:24.240 --> 00:30:32.720
What you know, I've been told by attorneys, and I'm not an attorney, but I am a financial advisor.
00:30:32.720 --> 00:30:43.920
But what I've been told is that you should redate, re-sign, and renotarize or re-witness your will every three to five years.
00:30:43.920 --> 00:30:47.440
Now, a lot of people are gonna be like, what?
00:30:47.440 --> 00:30:49.680
Like, uh no, absolutely.
00:30:49.680 --> 00:31:02.160
And I want you to understand the reasoning here is because it shouldn't be an issue unless, God forbid, somebody, you know, disputes that will.
00:31:02.160 --> 00:31:30.000
So if you have children that maybe they don't get along, and you know, you haven't revisited that will and re-signed it and redated it in 22 years and you pass away, and one of the children is not happy about the way the assets are are getting distributed, and they go get an attorney and decide to dispute that will.
00:31:30.000 --> 00:31:44.960
If that will is 22 years old, the chances of a judge looking at that and and saying, you know, we're gonna toss this will out because it's too old, um they get pretty high.
00:31:44.960 --> 00:32:01.279
Um, if you had redated and re-signed that thing within three to five years, if you had taken a look at it and said, This is still my wishes, I still want things to go exactly the way I wanted them to go 22 years ago.
00:32:01.279 --> 00:32:16.240
I'm re-signing, redating, renotarizing, rewitnessing whichever one route you go to say that, you know, this is still my wishes, then I mean, chances are it's gonna hold up.
00:32:16.240 --> 00:32:18.000
So think about that.
00:32:18.000 --> 00:32:22.799
Now, if nobody disputes it, um probably be okay.
00:32:22.799 --> 00:32:23.759
Yeah, right.
00:32:23.759 --> 00:32:27.359
But I just would always do that.
00:32:27.359 --> 00:32:35.519
I mean, it's not a big deal just to pull that document out, review it, make sure it still meets your needs.
00:32:35.519 --> 00:33:03.519
And if it does, just maybe, you know, resent, you know, you can just sign the same document, just you know, sign it again below where you signed it 22 years ago, redate it, and then have it notarized, and just you know, stating, hey, we we've we reviewed this, we're still good, we we think this is this is still um our wishes and how we want things to go.
00:33:03.519 --> 00:33:33.119
So if you've never thought about a trust before, if you you know, if this is something that you think about and you're like, man, I really feel like that would help to button my my estate up and help me to really get clear on, you know, the other thing is is it just helps you so much to to go through this process because you get really clear on, okay, who's my successor trustee going to be?
00:33:33.119 --> 00:33:38.799
Like who's gonna step in and and be the executor of my estate when I'm gone?
00:33:38.799 --> 00:33:48.720
Who is going to make sure that either my will or my trust is executed the way that I wanted it to be?
00:33:48.720 --> 00:34:01.680
And you know, it takes you through this wonderful exercise where you really have to put thought into this and you really have to say, okay, how do I want my assets to go?
00:34:01.680 --> 00:34:10.640
Like, do I want it to just be equal shares to each kid, or do I want, you know, how how do I want that to go?
00:34:10.640 --> 00:34:12.960
It could be a million different things.
00:34:12.960 --> 00:34:24.480
Um, you know, we have a lot of families who struggle with um, they feel like they've helped one kid a lot more than they've helped other kids.
00:34:24.480 --> 00:34:39.519
And maybe doing this process kind of helps you to equalize things by leaving the one kid that you haven't helped as much, maybe slightly more than the others, so you can kind of level that play and field a little bit.
00:34:39.519 --> 00:34:47.279
But it's just a wonderful exercise to really put thought into this and really get clear on it.
00:34:47.279 --> 00:34:57.519
And you know, a trust even has a write-in section where you can very much specify you want very specific things to go to specific people.
00:34:57.519 --> 00:35:01.279
A lot of times for women, that could be like jewelry.
00:35:01.279 --> 00:35:09.199
I want, you know, these this ring to go to my granddaughter, or I want the, you know, which a lot of people think about this stuff.
00:35:09.199 --> 00:35:40.159
And, you know, or it could be I want specific guns to go to specific relatives, or I want, you know, it could be a lot of things, and these are the things you need to be thinking about because you know, the the sooner you have thought through this and kind of have this all down, the better you're gonna feel knowing that, you know, God forbid something were to happen to you, things would go the way you want them to go.
00:35:40.159 --> 00:35:44.159
And um, so it's a great exercise to do it.
00:35:44.159 --> 00:36:03.440
And um, I highly encourage you to be thinking about this at the at the least, sit down and do a beneficiary review of all of the stuff that you own and make sure that that stuff is what you think it is, because we see a lot of surprises on that as well.
00:36:03.440 --> 00:36:08.239
But um, yeah, just a great discussion today.
00:36:08.239 --> 00:36:11.280
Yeah, um, great stuff to be thinking about.
00:36:11.280 --> 00:36:15.760
I hope we've put some things on your radar that you haven't thought about before.
00:36:15.760 --> 00:36:21.280
And if you want some help with this stuff, like I say, clearpathretirement.com.
00:36:21.280 --> 00:36:23.280
I'm Stewart, he's Mitch.
00:36:23.280 --> 00:36:24.719
You know, let us know.
00:36:24.719 --> 00:36:27.280
We'd love to have a conversation with you guys.
00:36:27.280 --> 00:36:36.639
And, you know, like estate planning and what we've been talking about today, um, taxes kind of go hand in hand with this stuff.
00:36:36.639 --> 00:36:51.360
And so we just recently did a really great you know, webinar on Roth conversion strategies, and we're gonna put that in the link on this for you guys if that's something that interests you.
00:36:51.360 --> 00:36:54.880
But we really appreciate you joining us today.
00:36:54.880 --> 00:36:59.280
And um, if we can help you, let us know clearpathretirement.com.
00:36:59.280 --> 00:37:02.800
Until next time, you guys have a happy retirement.